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HomeMy WebLinkAboutCC 2002-09-11 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 11th day of September, 2002, the City Commission of Miami, Florida, met at the Manuel Artime Center, 900 Southwest 1st, Miami, Florida, in regular session. The meeting was called to order at 8:50 a.m. by Chairman Tomas Regalado with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Vice Chairman Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Carlos Gimenez, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk An invocation was delivered, followed by a moment of silence to honor the victims of terrorist attacks against the United States a year ago today. September 11, 2002 1. MEMORIAL SERVICE HONORING VICTIMS AND HEROES OF THE TERRORIST ATTACKS AGAINST THE UNITED STATES OF AMERICA OF SEPTEMBER 11, 2001. Chairman Regalado: Welcome to the regular City Commission meeting. This is a very special day. The Mayor and members of the Commission are with the people of Miami honoring our brothers and sisters that died one year ago today. The City of Miami Police Department and the City of Miami Fire Department have a ceremony that will immediately begin. Note for the Record: Officer Angel Calzedilla, Executive Assistant to the Chief of Police, led a presentation of colors by the Police Honor Guard. Note for the Record: Firefighter Raul Fernandez sang the National Anthem. Sandreka Williams sang "God Bless America." Reverend Razz Vasquez led an invocation. A slide presentation followed, ending with a 21 -gun salute. Police Detective Frank Castillo played taps. 2. PRESENTATIONS & PROCLAMATIONS (1). SALUTE AS OUTSTANDING POLICE OFFICER TO ORLANDO MERCED. CERTIFICATE OF APPRECIATION TO MIRIAM Y. MORELLI. Chairman Regalado: There are no vetoes by the Mayor. Note for the Record: Presentations made. 3. CONSENT AGENDA DEFER PROPOSED AMENDMENT TO LEASE AGREEMENT BETWEEN VIRGINIA KEY BEACH PARK TRUST AND LUCKY CAPITAL, INC. FOR ADDITIONAL 830 SQUARE FEET OF OFFICE SPACE AT 3550 BISCAYNE BOULEVARD TO COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 26, 2002. (See #49) EXTEND SUNSET DATE OF COMMUNITY TECHNOLOGY ADVISORY BOARD TO ONE YEAR (See #3.19). BRIEF COMMENTS ON REPORT FROM MANAGER REGARDING COMMISSION DIRECTIVES. (SEE #3.26) Chairman Regalado: OK, thank you. Consent agenda. Anybody, any member of the Commission wish to pull, defer any items from the consent agenda? Commissioner Sanchez: Mr. Chairman, not to pull, but to maybe discuss CA -13, CA -21 and CA -29. Chairman Regalado: You -- 2 September 11, 2002 Commissioner Sanchez: Just to discuss CA -13, CA -21 and CA -29. Chairman Regalado: CA -21 and CA what? Commissioner Sanchez: CA -13, CA -21 and CA -29. Chairman Regalado: Yes, Mr. Manager Carlos A. Gimenez (City Manager): Mr. Chairman, we're also withdrawing CA -15 and CA -27. Chairman Regalado: CA -27 has been withdrawn. Mr. Gimenez: And CA -15. Chairman Regalado: OK. Yes, sir. Alejandro Vilarello (City Attorney): And CA -16 has been modified simply requires -- continue to authorize the Manager to negotiate, that requires to bring back the negotiated agreement for Commission approval. Chairman Regalado: Several -- Mr. City Attorney, and this is your item, so several towing companies have requested they want to be present for the item that you're bringing to the City Commission and they said they were not notified, so I don't know if that requires any notice. Mr. Vilarello: I believe you're referring to item 10 and it's before you for first reading and there is no advertisement before first reading only if -- Chairman Regalado: Item what? Mr. Vilarello: Item 10 and -- Chairman Regalado: Oh, it's not in the consent agenda. Mr. Vilarello: No, sir. It's an ordinance on -- Chairman Regalado: Oh, ok, my mistake. I thought -- Mr. Vilarello: Which would be advertised, if approved by the City Commission on first reading today. Chairman Regalado: I thought it was on the consent agenda. I understand that Commissioner Range wanted to say something on the consent agenda. Good morning. Would somebody help her, please? Athalie Range: Good morning. Thank you very much. Honorable Mayor, honorable Commissioners, my name is Athalie Range. I reside at 5727 Northwest 17th Avenue, Miami, 3 September 11, 2002 Florida. I would come before you this morning, hopefully, I don't quite understand that our -- am I to understand that item 13 has been taken off of the agenda? Commissioner Sanchez: No, ma'am, not at all, just that it's a discussion. We're not going to take it off the agenda. I just want more information on it. I'm prepared to support it, but I want to question why the additional space. That's all. I'm not going to take it. There are just three items I would like to discuss on the consent agenda, that's all. Ms Range: Very good, sir. Thank you. Are you ready for that discussion at this point? Commissioner Sanchez: Yes, I'm prepared to discuss all three items and probably vote on them. On CA -13, the Virginia Key, I've been very supportive of the issue. I think that yourself, along with many residents and the Commission and the Mayor, want the park to be restored to its full potential. However, I'm starting to have a big concern. I maybe fear that things are happening that I didn't want to happen there and it's all about bureaucracy. I didn't want it to get bigger and bigger. I'm more concerned about seeing more money going into the renovation than being spent on administrative stuff and expansion of offices and stuff. I think that everybody wants to -- the quicker the better to open up the park and put some picnic areas and bathroom concession and stuff and I just, my point here is that I want to see more bricks and mortar as quickly as possible on it. The expansion that you're asking for for the office, what is the purpose of the expansion of the office space? Ms. Range: The purpose of the expansion of office space is that we're needing to employ more people to bring the program to its fruition, and we do not have sufficient space at this time for those persons who will be coming aboard. Commissioner Sanchez: And you currently have how much now, 800 and something square feet? Ms. Range: I can't recall 1700 square feet. Commissioner Sanchez: And how many people are employed right now? Ms. Range: How many employees do we have at this point? Charlene Thompkins: Good morning. My name is Charlene Thompkins and I'm the comptroller for the Virginia Key Beach Park Trust. The need for the additional space is to accommodate the staff that are there we have four staff members and we have student interns. We are going to have on board two additional staff members as of October 1st and that's why we're requesting them. Every bit, every inch of space is taking and is not -- it is used as much as possible. There is no excess space and it's not a large space that we're using. There is some down space in terms of hallways and if you look on there it's 830 and we told them that we don't use it so we weren't paying for it. If they want to cut if off, it's fine. We only wanted the space that we could sit a body in. Commissioner Sanchez: Thank you. 4 September 11, 2002 Ms. Range: Thank you very much does. That answers your question? Vice Chairman Winton: Don't go away. Mr. Chairman, I'm not sure how we have this discussion without having the discussion about the budget and I have some questions about the budget because in our packet and it may be my fault, not you all's fault, but there isn't any backup in there. There's just simply almost a one sheet of paper that says we need $500 and -- I don't remember the number right off of the top because I'm not looking here -- but it seems to be between five and $600,000 from the general fund to operate the trust administrative end, and I'm concerned about that, and I may not be concerned, if I understood it clearly, but I don't understand anything, and so I don't know how many people we have. I don't know what the work plan is. I don't know how we can tie what the -- see, this would be easy to do if there was a history, but there's no history, and so we're starting from scratch here and when you start from scratch you have to have some capacity to identify when -- particularly when we're talking about this kind of money. What we're going to do with that money and what the work plan is tied to those dollars? That isn't in here, and so I didn't get a change to read this, but it's a big -- this is a lot of money and it's a big question mark in my mind. This item ties back to the budget piece, so I don't know the approval of the budget isn't a part of this part of our agenda, but I don't know how you talk about one and not talk about the other, so -- Ms. Range: Would you prefer that we talk about the entire circumstance in the budget hearing this afternoon? Vice Chairman Winton: Well, I'm going to be a whole lot more comfortable, and maybe by this afternoon you all can provide that, but I would like to see in writing -- I'm sure you all have this already -- but I would like to look at what the plan is for spending this nearly $600,000 and how that ties to the work plan of activating the park, which is obviously the whole goal. Ms. Range: Certainly, we can give you some of those answers now, I believe. Vice Chairman Winton: But I would rather see it in writing so that we can then discuss it. Maybe we can meet during the lunch break, if you have some of that stuff and we'll go through it then. Ms. Thompkins: OK. We do have a full budget and that's laid out and it explains -- Vice Chairman Winton: In that regard, I would like to tie the CA -13 to your budget then so that we vote on those two things simultaneously and then I'll have the answers that I need and figure out my comfort level. Chairman Regalado: Commissioner Sanchez and Commissioner Teele. Commissioner Sanchez: Commissioner Teele I will yield to you, sir. Commissioner Teele: Thank you, Mr. Chairman. I think you will recall the last time we met at the Knight Center I asked that the management work with the Virginia Key Trust and to bring a 5 September 11, 2002 comprehensive picture of -- somewhat in anticipation of some of the concerns that we have. Let me say this, Mrs. Range, thank you for the time that you continue to put on this and I think again a large part of the issue is not really before us and I think it will be a mistake, respectfully, to try and deal with this tonight, because I think your best issues are not going to be at hand. This trust was set up not only to provide coordination, but to provide fundraising, and I think a very important part -- I know that Congresswoman Meek and others have been trying to develop money. I know that the county has indicated -- and I think, having working through the CRA process, I know this Commission and part of the challenges is that we only deal with what's before us that we don't see the big picture, so I would respectfully urge you not to try to come forth tonight on this, but to put the big picture together. I also respectfully will urge that you don't ask for a one year budget because you cannot make plans for a capital program with a one year budget. I mean, that's just totally, totally irresponsible on everybody's part. If this were an operating entity where you were providing a service you can do a one-year budget, but your real program is a capital program and you need a three- to five-year budget, and I think in the end you're going to be much better off coming out of this process and trying to get this Commission to agree to a 5 -year plan. We don't want to call it an inter -local agreement at this point, but you can not do a capital budget on an annual appropriation basis. It's just impossible to do. Everybody recognizes that in the federal government, the state government and local government, and to tie yourself to an annual budget is literally to tie yourself to an impossible situation where every year you're going to be coming back trying to justify, as opposed to a total plan, which is what Commissioner Winton is saying he wants to see. How does this tie into the opening of the playground? It's going to take $800,0004900,000 of sewer connections and that's going to take, honestly it's going to take nine months to get done. There may he some interim steps that can be taken towards getting portions of this open, but I think you're best argument, Mrs. Range, and I apologize for doing this in public like this, but it's come up this way, is to ask for a five-year or a three-year capital budget. This year being the first year. The second year -- because we all recognize what these capital programs. We're in the midst of this as well, and it's really important; otherwise, the numbers are going to look big, and I also think the bigger issue is how much money are we leveraging? Because we got programs around here that we just throw money at and the leverage is nothing. Your program has the potential leveling 2, 3, 4 to 1 for every one dollar that the City puts up, so that's a much stronger argument, and I think the need for office space is volunteers, which is your strongest argument. Charlene, you all need office space to facilitate volunteers because, unlike government, this is largely driven not by a professional staff, but by the individuals like I see Ms. Thomas here, one of your board members volunteers who are working this freely and on behalf of the City, so I'm totally in agreement with the concerns that Commissioners Sanchez and Commissioners Winton have raised as it relates to the budget, but I think the annual budget process is really not going to let you show your best picture, and I will urge you, respectfully, to take Commissioner Winton's advice and to put together a full presentation, but I would go a step further and say put together a capital program whether it be a two-year or three-year, four-year or five-year and come back and then let's talk about the first year of this as it relates to funding and Commissioner Winton I hope you understand the point that in trying to make. Vice Chairman Winton: Clearly. Commissioner Teele: Ms. Range. 6 September 11, 2002 Ms. Range: Thank you very much, Commissioner Teele, and we agree fully with your explanation as to what we should be presenting. That is what we would want to do. We had hoped to come before you with a 5 -year plan because having it in piecemeal this way, we stand in danger of reaching a certain point and having to stop. We've had many, many circumstances going on and we're just beginning to move because of the City's position in not signing some of our documents. We've been at it now almost three years and we're just getting to the point now that we can hope to move off with a full five-year budget. That would be our hope as well as yours and we appreciate your thinking on those terms. I wonder if I might just take one moment to tell you of a circumstance that is beginning to occur on Virginia Key Beach that we wanted to bring to your attention and you will have letters to this effect. It is a fact that we have been informed that the beach is being illegally used over and over again and it's causing further deterioration and among our items we would want to bring on volunteers or City assistance in helping us to keep our beach at least at the point that it is now. We have people coming in by Jet Ski, all other means, coming in through the gates that are supposedly locked, and just really abusing the beach and as hard as we're working to try to bring it back to fruition, we are hindered by many, many misuses of the beach and you will see in the letters that we will leave here with you today what our thinking is along those lines. I can assure you that it will be our first effort to bring you that 5 -year plan because we know, too, that if we could get the five-year plan, even if it comes in increments, we can do a much, much better job and I certainly agree with you fully on that. Commissioner Sanchez: Yes. Mr. Chairman, at this time, we would ask that the CA -13 be deferred, motion. Chairman Regalado: Ok we have a motion to defer to any date in particular? Commissioner Teele: When is the next meeting of the Commission? Chairman Regalado: September 26tH Commissioner Teele: Could we defer it to the 26th and then maybe try to get the budget and all that done for all of that time? Mr. Gimenez: Yes, sir, I think their numbers are probably all loaded into the budget now. I don't think it will make a material change. You can probably do it on the 26th Ms. Thompkins: I'm sorry, we do have a full budget for the year, with capital improvements on it as well as a 5 -year budget and we should be able, I don't have it with me presently -- Commissioner Teele: Ms. Thompkins, is the 2e a good day that we can -- is that too late? Is there any damage doing it then? Ms. Thompkins: Well, what we're asking for, I image, today from the Commission was strictly the operational side, but if they want to see the entire capital improvements and everything that I 7 September 11, 2002 have no problems with that presentation. We should be able to do that whenever is your pleasure, today or the 26th, we're prepared. Chairman Regalado: 26th Mr. Vilarello: The amendment to the lease was to commence October 1st, so if you vote and approve on the 26th it will be timely. Commissioner Sanchez: OK. Commissioner Teele: I will second the motion. Chairman Regalado: We have a motion and a second to defer this item, Item 13, to the second budget hearing on September 26th at the Lyric Theatre. Commissioner Teele: Mr. Chairman, respectfully, can we just defer it to the meeting of the 2e not necessarily -- we can do the budget, but it doesn't have to be a part of the budget hearing per se. If we can get to it before then. Chairman Regalado: I understood that Commissioner Winton wanted to discuss that within the framework of the budget, but it's the meeting of the 2e. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-945 A MOTION TO DEFER PROPOSED AMENDMENT TO THE LEASE AGREEMENT BETWEEN VIRGINIA KEY BEACH PARK TRUST AND LUCKY CAPITAL, INC. FOR AN ADDITIONAL 830 (746 BILLED) SQUARE FEET OF OFFICE SPACE AT 3550 BISCAYNE BOULEVARD, MIAMI, FLORIDA TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 26, 2002. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. 8 September 11, 2002 ABSENT: Vice Chairman Johnny L. Winton Commissioner Sanchez: Mr. Chairman, the other item is just -- Commissioner Teele: Before you do, Mr. Manager, Mrs. Range has raised a very important issue, not as it relates to the Virginia Key Trust, but as it relates to the liability. We have to be very careful about not being diligent in providing protection on our water resources, and so I would hope you all would meet and deal with that issue before the 26th in terms of the unauthorized uses of the beaches and the jet skis and all those things through the appropriate measures. Mr. Gimenez: Yes, sir, we will. Ms. Range: Commissioner, if I may, may I just read to you some of the items that we found. We got a small committee of our trust together to observe what was actually being told to us and we went over to the beach and these are some of the things that are observed over there now that we feel is a detriment to our efforts, and this is they are actually having nude swimming over there. They have photographers taking pictures. Commissioner Teele: Did you say what? Nude? Ms. Range: Yes. Commissioner Teele: Nude swimming? Ms. Range: Yes. Commissioner Teele: About what time a day? Ms. Range: That has been observed over the weekends, sir. And we have people who are over there pitching their own hammocks, they're doing everything because we simply have no protection on the beach now. No matter how hard we work, they continue to tear down what we have there. We have people come over there who are fishing, kids with the water toys, people who are swimming in that portion of the beach, which is prohibited. We have kids with pellet guns over there. We have all of this going on. I tell you it's really a more than a notion to continue to try to make this a reality when we have to go up against so much. We have men over who are actually shooting at targets mounted on our concession stand and we do feel that we're just being taken advantage of because we do not have the kind of protection over there. Our restrooms that we have been talking to you about ever since we first became just friends of Virginia Key Beach are still in limbo and of course people are there and they are using whatever means they have, and these are the kinds of circumstances that we're facing every day, and as a result of these activities the beach and recreation areas are is always filled with trash, and these are not just isolated events. They've been going on for quite sometime, and of course, we have - - we sat down and tried to figure out ways that we could have volunteers, but we're also going to need the support of the City on that. We're going to need police protection over there to keep 9 September 11, 2002 this from going any further and we have nowhere else to look but to you for this kind of protection, so I'm leaving these letters with you and you may read them at your leisure. We'd be pleased to sit with Commissioner Winton at noon today to go over the budget that we've had for sometime so you know that we're not just sitting there holding our hands or being administrators. We're putting forth every effort to bring this to fruition. Thank you very much. Chairman Regalado: Thank you. The other item. Commissioner Sanchez: The other item is CA -21, which is a creation of a new board the Community Technology Advisory Board. I just wanted to make sure that this board has a specific purpose for its existence and I also inquire -- I know there is a six month sunset clause. I just want to make sure that if we're going to continue to create boards, we also look at the possibility of reducing some of the boards that really aren't doing anything. They're not meeting. It's time that we start chipping away at the bureaucracy in the City, and some of the boards -- we just did away with the Latin Quarter Board. That was hampering the progress in my district because developers, with their attorneys, were requesting meetings and they would show up and they'd have a quorum or people wouldn't show u, and they would get upset, because having every right to get upset, they show up with their clients and developer and attorney. They're spending money, and so I just want to make sure that getting it from the information technology director that this board is going to have a specific purpose for existing, and is it going to be able to accomplish what it's set out to do in six months? Aldo Stancato: Commissioner, Aldo Stancato, Information Technology. The board -- the Commission created the board initially to sit down and review and evaluate the programs that were being done in the parks to deal with digital divide. We have been meeting. What's happened is two things. We're asking for an extension of time because by the time we had enough people appointed to start holding meetings about five, six months had passed, so that's why the extension. We're asking for a quorum of people present, because we have had some difficulty in meeting the quorum requirements. There are a bunch of professional people on this board and they are out of town and all of that, on occasion, so we do want to sit down, and we have been working with the Parks Department and with the Homeownership Trust in one, working with them on identifying funds and evaluating programs, and with the Homeownership Trust on the technology centers that we're looking to put up. Commissioner Teele: I am in general agreement with you and your statement about the fact that we need to chip away at the bureaucracy of boards. If we create the boards, then we can't blame anybody. I would like to ask for an exception of this board in this regard. This whole concept of the digital divide and technology is relatively new and one of the things that we saw particularly is the CD (Community Development) process and even in the law enforcement trust fund grant process is that we have people evaluate proposals that may not be the best. People evaluate housing proposals may not necessarily be the best people to evaluate a technology grant from a CBO (Community Based Organization) for $70,000 or $15,000 or $20,000. This committee, which is primarily made up of very distinguished people, I think Commissioner Winton appointed a very, very high-ranking IBM (International Business Machines) official. We appointed somebody from the National Science Foundation at the Museum of Science, National Museum. There is a high level committee of technical people that understand technology and 10 September 11, 2002 they have provided a tremendous amount of input into the community based process. That is how do we get our parks more technology -friendly. The problem has been you can't ask these people, some of them are coming from Boca from major technology companies -- to come to meetings and then there's not a quorum, and the problem has been like many of these boards, not having a quorum, so I would ask that this board be given at least another year, because we never really had all the appointments to get off the ground and to make these -- Commissioner Sanchez: Well, Commissioner Teele, I agree with you a 100 percent. Not every kid that goes to a park is going to be a football star or Michael Jordan. Some kids focus on the computer aspect of it and there's an old saying either you grab a hold of technology or technology is going to grab a hold of you. I'm all for it. I'm just, if we're going to create boards let's do them so they work, because if they don't, these advisory boards that we create -- and you'll start seeing them as the City gets better in its finances -- these boards will be coming in front of us asking for things, I guarantee it. Mark my words. They'll be coming in front of us asking for paying their insurance or whatever it maybe. I have nothing against this board. I just wanted to make sure that if we're going to create the board, that it's meeting, that it's got representation of all five districts to make sure that parks have computers. I'm all for that. I just want to make sure that if we are going to create another board that it's a board and is functioning and accomplishing its goals. There's a sunset clause of six months, and we can amend it now to a year if you want. Commissioner Teele: Yes, I would like to add for one year. Commissioner Sanchez: Make the motion. I'll second it. Commissioner Teele: So moved. Commissioner Sanchez: And I'll second to extend it to a year. Also, could you provide us a report of the members and if one, any Commissioners here have to appoint somebody, so we could do that also. Well, we got to vote on it. There's a motion and second to extend it to a year. Chairman Regalado: We are going to vote within the consent agenda. Commissioner Sanchez: No, this is an amendment, so we got to vote of it. Chairman Regalado: Oh, sunset, OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes, as amended. 11 September 11, 2002 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-946 A MOTION TO EXTEND THE SUNSET DATE OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD TO ONE YEAR. 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: Moving on to Item 29 and that is the Commission directive report. Let me just say that Item 15, the Calle Ocho redirecting of the traffic flow. The report is a little bit inaccurate. Really, it doesn't reflect the good work of the administration. When the report basically on the items that pertain to me, and this is basically asked by the Commission to give us a feedback of where we are, because basically we direct the administration to do a lot of projects, especially now with the CIP (Capital Improvements Program) projects that'll be going forth. We need to know where they're at in the process. Looking at item 15, which is redirecting of the flow of traffic Calle Ocho, which for time's sake, I'm not going to get into. We did do a traffic study. We are also in the process or possible completion of an economic impact. I don't know where we're at on that. It doesn't state anything else, but let me just say that I have been working endlessly on that project for four years in my district, and that's the biggest concern and frustration that we have up here, is that sometimes it takes so long to get something accomplished. I am prepared now, I've gotten the feedback that, Commissioner Teele, the MPO (Metropolitan Planning Organization) -- I have been talking to some of the members of the MPO, and they are waiting to get this report to them to see how we can quickly change that traffic flow for the economic and revitalization of that area, we have to do that, so I don't know if the administration is moving fast enough on it, but I'm not happy with the report back, because it doesn't state anything about the economic impact and it was my understanding that the administration had completed the economic impact, and if you haven't, then you need to tell me what we need to do, how we need to do it, so we can do it, so we can get it over to the MPO as quickly as possible. Dena Bianchino (Assistant City Manager): Commissioner, Dena Bianchino, Assistant City Manager. The report is underway. It started on July 1st. We expect it to be fully completed and 12 September 11, 2002 adopted by the end of the year. It's a significant study that has to go on, but it is underway. It was started in July and the consultants are working away. Commissioner Sanchez: OK. When do you anticipate -- put it on the record, when you anticipate that this economic impact will be completed. Ms. Bianchino: I would say to you that it will probably be on your agenda the first meeting in January. Commissioner Sanchez: In January, and where do we go from there? Can it be taken to the MPO? Can we present it to the MPO? Ms. Bianchino: Yes. Commissioner Sanchez: You say yes and somebody behind you says no. Ms. Bianchino: Yes, it can be taken to the MPO. Commissioner Sanchez: It can be taken to the MPO Ms. Bianchino: And they can be made aware of the scope of the study right now. If you like that to happen, we can make them aware what's happening. Show them the scope, so that they understand in January when we get it what they're going to get, if that would help. Commissioner Sanchez: Under Item Number 41, that's on the master plan of Rusty Pelican. I looked at the record. I went back at the minutes. I never stated to do a master plan on Rusty Pelican itself. It was a master plan, and please, my colleagues, you'll correct me if I'm wrong, I did not say for the record that it was a total master plan of the entire area, including the rowing club, the marine stadium, the existing properties along the way, everything there was a master plan. In the commission directive report, it states that it was just a master plan for Rusty Pelican. That's wrong. Ms. Bianchino: Commissioner, I haven't seen that report, so I can't respond to that. Commissioner Sanchez: Well, I have that report and it's a report that this administration has given me. I just want for the point of clarifying and clarification, it is a master plan of the entire area, not just the Rusty Pelican. Mr. Gimenez: That's correct, and we understand, and it must have been a mistype or -- we're looking at it. Maybe we misnamed the project, but we understand that it is a master plan the entire area. Commissioner Sanchez: Mr. Chairman I have no other questions on CA items. I'm prepared to make a motion if any of the Commissioners don't have any issues. Chairman Regalado: OK, so we are just pulling CA -13? That's all? 13 September 11, 2002 Commissioner Sanchez: Yes, sir. Chairman Regalado: OK. Commissioner Teele: I move the balance of the consent agenda, unless there's an objection, as amended. Vice Chairman Winton: Second. Chairman Regalado: We have a motion and a second, as amended. Anybody from the public? This is a public hearing on the consent agenda. Being no one, we close the public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER TEELE AND SECONDED BY VICE CHAIRMAN WINTON, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None 14 September 11, 2002 3.1 ACCEPT BID OF HORIZON CONTRACTORS, INC., FOR PROJECT ENTITLED "FAIRHAVEN / SOUTH BAYSHORE STREET IMPROVEMENT PROJECT, B-4637 & 13- 4637A"; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECTS; TOTAL ESTIMATED COST $848,941.02. RESOLUTION NO. 02-947 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF HORIZON CONTRACTORS, INC., FOR THE "FAIRHAVEN / SOUTH BAYSHORE STREET IMPROVEMENT PROJECT, B-4637 & 13- 4637A" FOR THE PROPOSED AMOUNT OF $645,286.35 FOR THE TOTAL BID OF THE PROPOSAL, BASEDON LUMP SUM UNIT PRICES; ALLOCATING FUNDS, IN THE TOTAL AMOUNT NOT TO EXCEED $848,941.02, CONSISTING OF $645,286.35 FOR CONTRACT COSTS AND $203,654.67 FOR EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENT PROJECT ("CIP"), NO. 341138, IN THE AMOUNT OF $479,000, AND CIP NO. 341183, IN THE AMOUNT OF $369,941.02; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. 3.2 ACCEPT BID OF PROFESSIONAL GENERAL CONTRACTORS, INC., FOR PROJECT ENTITLED "WEST END PARK BUILDING RENOVATIONS, B-6334", $129,900; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT; TOTAL ESTIMATED COST $151,100. RESOLUTION NO. 02-948 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF PROFESSIONAL GENERAL CONTRACTORS, INC., FOR THE PROJECT ENTITLED "WEST END PARK BUILDING RENOVATIONS, 13- 6334", IN THE AMOUNT OF $129,900 FOR THE TOTAL BID OF THE PROPOSAL, BASED ON LUMP SUM AND UNIT PRICES; ALLOCATING FUNDS, IN THE TOTAL AMOUNT NOT TO EXCEED $151,000, $129,000 FOR THE CONTRACT COSTS, AND $21,200 FOR EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPORVEMENTS PROJECT NO. 333107; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15 September 11, 2002 3.3 ACCEPT BID OF HARD J CONSTRUCTION CORP., FOR PROJECT ENTITLED "FIRE STATIONS 4, 9, 10 AND 11 / SITE IMPROVEMENTS PROJECT (SECOND BIDDING) 13- 6416"; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT; TOTAL COST $283,938.60. RESOLUTION NO. 02-949 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF HARD J CONSTRUCTION CORP., IN THE AMOUNT OF $195,340, FOR THE PROJECT ENTITLED "FIRE STATIONS 4, 9, 10 AND 11/SITE IMPROVEMENTS PROJECT (SECOND BIDDING) B-6416"; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 313302, IN THE AMOUNT OF $195,340 TO COVER THE CONTRACT COSTS AND $88,598.60 FOR EXPENSES INCURRED BY THE CITY, FOR TOTAL COSTS OF $283,938.60; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 3.4 ACCEPT BID OF PRIDE ENTERPRISES FOR ACQUISITION AND DELIVERY OF ONE HEAVY-DUTY BOMB SQUAD VEHICLE, FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION (GSA), FOR USE BY POLICE DEPARTMENT'S BOMB SQUAD UNIT, $123,968.70; ALLOCATE FUNDS FROM MIAMI POLICE DEPARTMENT, LAW ENFORCEMENT BLOCK GRANT VI. RESOLUTION NO. 02-950 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF PRIDE ENTERPRISES, FOR THE ACQUISITION AND DELIVERY OF ONE HEAVY-DUTY BOMB SQUAD VEHICLE, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION (GSA), FOR USE BY THE POLICE DEPARTMENT'S BOMB SQUAD UNIT, IN AN AMOUNT NOT TO EXCEED $123,968.70; ALLOCATING FUNDS FROM THE MIAMI POLICE DEPARTMENT, LAW ENFORCEMENT BLOCK GRANT VI, ACCOUNT CODE NO. 142023.290537.6.840, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 16 September 11, 2002 3.5 ACCEPT BID OF SIRCHIE FINGER PRINT LABORATORIES, INC,. VEHICLE DIVISION, FOR ACQUISITION AND DELIVERY OF ONE CUSTOM -MANUFACTURED, HEAVY-DUTY CRIME SCENE EVIDENCE COLLECTION VEHICLE FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, TO BE USED BY POLICE DEPARTMENT, $124,329; ALLOCATE FUNDS FROM MIAMI POLICE DEPARTMENT, LAW ENFORCEMENT BLOCK GRANT VI. RESOLUTION NO. 02-951 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SIRCHIE FINGER PRINT LABORATORIES, INC,. VEHICLE DIVISION FOR THE ACQUISITION AND DELIVERY OF ONE CUSTOM - MANUFACTURED, HEAVY-DUTY CRIME SCENE EVIDENCE COLLECTION VEHICLE FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, TO BE USED BY THE POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $124,329; ALLOCATING FUNDS FROM THE MIAMI POLICE DEPARTMENT, LAW ENFORCEMENT BLOCK GRANT VI, ACCOUNT CODE NO. 142023.290537.6.840. 3.6 ACCEPT BID OF AFFORDABLE AUTO AND TRUCK GLASS FOR ACQUISITION OF PARTS, MATERIALS, SUPPLIES AND LABOR FOR AUTOMOTIVE AND TRUCK GLASS REPLACEMENT FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION (GSA), TOTAL CONTRACT VALUE $75,000. RESOLUTION NO. 02-952 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF AFFORDABLE AUTO AND TRUCK GLASS FOR THE ACQUISITION OF PARTS, MATERIALS, SUPPLIES AND LABOR FOR AUTOMOTIVE AND TRUCK GLASS REPLACEMENT, ON AN AS NEEDED BASIS FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION (GSA), IN AN ANNUAL AMOUNT NOT TO EXCEED $25,000, FOR A TOTAL CONTRACT VALUE NOT TO EXCEED $75,000; ALLOCATING FUNDS AS FOLLOWS: FROM ACCOUNT CODE NOS. 503001.420905.6.670 (FY'03 - $10,000), 509000.42091.6.670 (FY'03 - $10,000) AND 001000.280601.6.670 (FY'03 - $5,000). 17 September 11, 2002 3.7 ACCEPT BID OF MARTIN ASSOCIATES OF SOUTH FLORIDA, INC. AND MY - CROW SOLUTIONS FOR PURCHASE OF TONER CARTRIDGES FOR DEPARTMENT OF PURCHASING TO BE UTILIZED CITYWIDE; ALLOCATE FUNDS FROM VARIOUS USER DEPARTMENTS AND AGENCIES. RESOLUTION NO. 02- 953 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF MARTIN ASSOCIATES OF SOUTH FLORIDA, INC. AND MY - CROW SOLUTIONS FOR THE PURCHASE OF TONER CARTRIDGES, ON AN ITEM BY ITEM, AS -NEEDED CONTRACT BASIS, FOR THE DEPARTMENT OF PURCHASING TO BE UTILIZED CITYWIDE, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 3.8 APPROVE PROCUREMENT OF ASPHALTIC CONCRETE FROM VARIOUS VENDORS, UTILIZING EXISTING MIAMI-DADE COUNTY BID NO. 6752 -0/05 -CW FOR DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION; TOTAL CONTRACT VALUE $88,000. RESOLUTION NO. 02-954 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF ASPHALTIC CONCRETE FROM VARIOUS VENDORS, UTILIZING EXISTING MIAMI-DADE COUNTY BID NO. 6752- 0/05 -CW, ON AN AS -NEEDED CONTRACT BASIS, EFFECTIVE THROUGH OCTOBER 31, 2006, SUBJECT TO ANY EXTENSIONS BY MIAMI-DADE COUNTY, FOR THE DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, AT AN ANNUAL AMOUNT NOT TO EXCEED $22,000, WITH A TOTAL CONTRACT VALUE NOT TO EXCEED $88,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 001000.310501.6.750. 18 September 11, 2002 3.9 APPROVE PURCHASE AND INSTALLATION OF SURGE PROTECTION SYSTEM FROM OMEGA POWER SYSTEMS, INC., UNDER EXISTING SNAPS AGREEMENT NO. 2851929-3, FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION (GSA), TOTAL AMOUNT $94,700; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. RESOLUTION NO. 02-955 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PURCHASE AND INSTALLATION FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ("GSA") OF A SURGE PROTECTION SYSTEM FROM OMEGA POWER SYSTEMS, INC., UNDER EXISTING SNAPS AGREEMENT NO. 2851929-3, EFFECTIVE THROUGH MAY 1, 2003, SUBJECT TO ANY EXTENSIONS BY THE STATE OF FLORIDA, AT AN AMOUNT NOT TO EXCEED $84,700 AND A CONTINGENCY RESERVE IN THE AMOUNT OF $10,000, FOR A TOTAL AMOUNT NOT TO EXCEED $94,700; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT CODE NUMBER 311042.429301.6.830. 3.10 APPROVE ACQUISITION OF KRONOS WORKFORCE CENTRAL, LICENSES AND SUPPORT SERVICES FROM KRONOS, INC., UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 252-023-00-1, $300,000; FOR VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATE FUNDS FROM VARIOUS USER DEPARTMENTS AND AGENCIES BUDGETS. RESOLUTION NO. 02-956 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF KRONOS WORKFORCE CENTRAL, LICENSES AND SUPPORT SERVICES, IN AN AMOUNT NOT TO EXCEED $300,000, FROM KRONOS, INC., ON AN AS NEEDED BASIS, UNDER AN EXISTING STATE OF FLORIDA CONTRACT NO. 252-023-00-1, EFFECTIVE THROUGH APRIL 30, 2003, SUBJECT TO FURTHER EXTENSIONS BY THE STATE FLORIDA; FOR VARIOUS USER DEPARTMENTS AND AGENCIES; ALLOCATING FUNDS FROM THE BUDGETS OF USER DEPARTMENTS AND AGENCIES. 19 September 11, 2002 3.11 AUTHORIZE PURCHASE OF ORGANIZATIONAL DEVELOPMENT SOFTWARE SOLUTIONS AND SERVICES, FROM ON TARGET PERFORMANCE SYSTEMS, LLP, UNDER EXISTING STATE OF FLORIDA SNAPS AGREEMENT NUMBER 9912017-3, $74,530, AND PURCHASE OF CLIENT SERVER SYSTEMS FROM VARIOUS VENDORS, UNDER EXISTING STATE OF FLORIDA, CONTRACT NUMBER 250-040-99-1, FOR DEPARTMENT OF POLICE, TOTAL COST $99,530; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 02- 957 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FOR THE DEPARTMENT OF POLICE THE PURCHASE OF (1) ORGANIZATIONAL DEVELOPMENT SOFTWARE SOLUTIONS AND SERVICES, FROM ON TARGET PERFORMANCE SYSTEMS, LLP, UNDER EXISTING STATE OF FLORIDA ("STATE") SNAPS AGREEMENT NO. 9912017-3, EFFECTIVE UNTIL JUNE 14, 2003, SUBJECT TO ANY FURTHER EXTENSIONS BY THE STATE, IN THE AMOUNT OF $74,530, AND (2) CLIENT SERVER SYSTEMS (MICROCOMPUTERS, NETWORK SERVERS AND WORKSTATIONS, NETWORK COMPUTERS AND NETWORK PCs, PERIPHERALS, NETWORK CONNECTIVITY DEVICES, AND UNINTERRUPTIBLE POWER SUPPLIES), FROM VARIOUS VENDORS, UNDER EXISTING STATE CONTRACT NO. 250-040-99-1, EFFECTIVE UNTIL SEPTEMBER 30, 2002, SUBJECT TO ANY FURTHER EXTENSIONS BY THE STATE, IN THE AMOUNT OF $25,000; ALLOCATING FUNDS, IN A TOTAL AMOUNT OF $99,530.00, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690002, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE JUSTICE'S "GUIDE TO EQUITABLE SHARING." 20 September 11, 2002 3.12 AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT WITH GROVITES UNITED TO SURVIVE, INC.(GUTS), FOR CITY'S USE OF BUILDING CONTAINING 3,197 SQUARE FEET, LOCATED AT 3686 GRAND AVENUE, AS RECREATIONAL FACILITY, WITH INITIAL MONTHLY RENT OF $960.95; WITH FUNDS ALLOCATED FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 02- 958 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH GROVITES UNITED TO SURVIVE, INC. (GUTS), FOR USE BY THE CITY OF PROPERTY, WITH IMPROVEMENTS, INCLUDING A BUILDING CONTAINING APPROXIMATELY 3,197 SQUARE FEET, LOCATED AT 3686 GRAND AVENUE, MIAMI, FLORIDA, FOR USE AS A RECREATIONAL FACILITY, FOR A PERIOD OF ONE (1) YEAR, COMMENCING OCTOBER 1, 2002, AND EXPIRING SEPTEMBER 30, 2003, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, AT AN INITIAL MONTHLY RENT OF $960.95 WITH TERMS AND CONDTIIONS SET FORTH IN THE AGREEMENT; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATUTE, SECTION 932.7055, AS AMENDED. 3.13 AUTHORIZE MANAGER TO EXECUTE BLANKET UTILITY LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY, L.L.C. FOR INSTALLATION AND MAINTENANCE OF STORM SEWER PIPES ACROSS FLORIDA EAST COST RAILWAY RIGHT-OF-WAY CORRIDOR; AUTHORIZE FUNDS, $1,100, FOR FLORIDA EAST COAST RAILWAY, L.L.C. REQUIRED LICENSE FEES; AND ALLOCATE FUNDS FROM PUBLIC WORKS OPERATING BUDGET. RESOLUTION NO. 02-959 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A BLANKET UTILITY LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA EAST COAST RAILWAY, L.L.C. FOR THE INSTALLATION AND MAINTENANCE OF STORM SEWER PIPES ACROSS THE FLORIDA EAST COST RAILWAY RIGHT-OF-WAY CORRIDOR; FURTHER AUTHORIZING THE COMMITMENT OF FUNDS, IN THE AMOUNT OF $1,100 ANNUALLY, SUBJECT TO RATE CHANGES, FOR THE FLORIDA EAST COAST RAILWAY, L.L.C. REQUIRED LICENSE FEES; AND ALLOCATING FUNDS FROM THE PUBLIC WORKS OPERATING BUDGET, FOR SAID PURPOSE. 21 September 11, 2002 3.14 ACCEPT RECOMMENDATION OF MANAGER APPROVING FINDINGS OF EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 01-02-099, THAT MOST QUALIFIED FIRMS TO PROVIDE TRAVEL AGENCY SERVICES, FOR OFFICE OF MANAGER, ARE, IN RANK ORDER: (1) BUSINESS TRAVEL ADVISORS, INC. AND (2) SUMMIT TRAVEL OF KENDALL, INC. RESOLUTION NO. 02-960 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 01-02-099, THAT THE MOST QUALIFIED FIRMS TO PROVIDE TRAVEL AGENCY SERVICES, FOR THE OFFICE OF THE CITY MANAGER, ARE, IN RANK ORDER: (1) BUSINESS TRAVEL ADVISORS, INC. AND (2) SUMMIT TRAVEL OF KENDALL, INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT WITH BUSINESS TRAVEL ADVISORS, INC., THE TOP-RANKED FIRM, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND - RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP RANKED FIRM; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR ITS CONSIDERATION. 22 September 11, 2002 3.15 AUTHORIZE MANAGER TO ACCEPT JAPAN WORLD EXPOSITION COMMEMORATIVE FUND GRANT FROM COMMEMORATIVE ASSOCIATION FOR JAPAN WORLD EXPOSITION OF 1970 FOR RECONSTRUCTION OF ICHIMURA MIAMI - JAPAN GARDEN ON WATSON ISLAND, $154,000, AND AUTHORIZE MANAGER TO ACCEPT FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE GRANT FROM STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, $200,000, FOR CREATION OF INTERPRETIVE NATURE TRAIL AT ICHIMURA MIAMI -JAPAN GARDEN ON WATSON ISLAND. RESOLUTION NO. 02-961 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE JAPAN WORLD EXPOSITION COMMEMORATIVE FUND SPONSORED BY THE COMMEMORATIVE ASSOCIATION FOR THE JAPAN WORLD EXPOSITION OF 1970, IN THE AMOUNT OF $154,000, FOR THE REDESIGN AND RECONSTRUCT THE ICHIMURA MIAMI -JAPAN GARDEN ON WATSON ISLAND; AUTHORIZING THE CITY MANAGER TO ACCEPT A FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, IN THE AMOUNT OF $200,000, FOR THE CREATION OF AN INTERPRETIVE NATURE TRAIL AT THE ICHIMURA MIAMI -JAPAN GARDEN ON WATSON ISLAND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 23 September 11, 2002 3.16 AUTHORIZE MANAGER TO ACCEPT GRANT FROM FLORIDA INLAND NAVIGATION DISTRICT, $221,380, FOR DEVELOPMENT OF PUBLIC BAYWALK FOR INTERNATIONAL WATERSPORTS CENTER PROJECT AT VIRRICK GYM, WITH LOCAL MATCH IN SAME AMOUNT FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM CIP PROJECT. RESOLUTION NO. 02-962 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE STATE OF FLORIDA INLAND NAVIGATION DISTRICT, IN THE AMOUNT OF $221,380, FOR THE DEVELOPMENT OF A PUBLIC BAYWALK AT THE INTERNATIONAL WATERSPORTS CENTER PROJECT AT VIRRICK GYM; ALLOCATING FUNDS, IN THE AMOUNT OF $221,380, FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM, CAPITAL IMPROVEMENT PROJECT NO. 333124, FOR THE REQUIRED LOCAL MATCH; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID GRANT. 24 September 11, 2002 3.17 AUTHORIZE ACCEPTANCE OF $720,997 IN APPLICATIONS TO MIAMI-DADE COUNTY UNDER SAFE NEIGHBORHOOD PARK BOND PROGRAM CONSISTING OF $151,780 FOR SPECIFIED PROJECTS AND $100,000 FOR PER CAPITA PROJECTS BOTH FROM BOND SERIES 2002 PROCEEDS; $350,000 FOR COUNTYWIDE INTEREST EARNINGS LAND ACQUISITION PROJECTS AND $119,217 FOR MUNICIPAL INTEREST EARNINGS PROJECTS BOTH FROM PREVIOUS BOND PROCEEDS. RESOLUTION NO. 02-963 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT GRANT APPLICATIONS TO MIAMI- DADE COUNTY, UNDER THE SAFE NEIGHBORHOOD PARK BOND PROGRAM ("SNPB") IN THE TOTAL AMOUNT OF $720,997, AS FOLLOWS: (1) $151,780 FOR SPECIFIED PROJECTS AND $100,000 FOR PER CAPITA PROJECTS FROM BOND SERIES 2002 PROCEEDS, (2) $350,000 FOR COUNTY -WIDE INTEREST EARNINGS LAND ACQUISITION PROJECTS FROM PREVIOUS BOND PROCEEDS, AND (3) $119,217 FOR CITY OF MIAMI MUNICIPAL INTEREST EARNINGS PROJECTS FROM PREVIOUS BOND PROCEEDS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTS AND EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER, PURSUANT TO THE PROVISIONS CONTAINED IN THE SAFE NEIGHBORHOOD PARKS ORDINANCE, DIRECTING THE CITY MANAGER TO PROVIDE (1) SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF THE COSTS OF SAID PROJECTS EXCEED THE GRANT ALLOCATIONS, AND (2) FUNDS TO OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS COMPLETION. 25 September 11, 2002 3.18 EXPRESS SUPPORT FOR ADOPTION OF MIAMI-DADE COUNTY'S ACTIONS TO AMEND AND EXPAND BOUNDARY LINES OF EXISTING STATE ENTERPRISE ZONE TO AREAS OF LITTLE HAITI AND MIAMI RIVER CORRIDOR WITH LIMIT OF FOUR SQUARE MILES. RESOLUTION NO. 02-964 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, SUPPORTING THE EXPANSION OF THE STATE ENTERPRISE ZONES TO ELIGIBLE AREAS LOCATED IN THE CITY OF MIAMI AND DIRECTING THE CITY MANAGER TO INCLUDE A PROPOSED EXPANSION PLAN IN THE CITY'S STATE LEGISLATIVE AGENDA; FURTHER DIRECTING THE CITY MANAGER TO EVALUATE THE FEASIBILITY OF INCORPORATING CERTAIN AREAS IN THE ENTERPRISE ZONES, AS DEPICTED ON "EXHIBIT 1", ATTACHED AND INCORPORATED, AND TO TAKE ALL STEPS REQUIRED TO ASSURE PRESENTATION OF HIS FINDINGS TO THE STATE LEGISLATURE DURING THE 2003 LEGISLATIVE SESSION. 3.19 RE-ESTABLISH AND RE-CREATE COMMUNITY TECHNOLOGY ADVISORY BOARD. (SEE #3) RESOLUTION NO. 02- 965 A RESOLUTION OF THE MIAMI CITY COMMISSION RE-ESTABLISHING AND RE-CREATING THE COMMUNITY TECHNOLOGY ADVISORY BOARD; PROVIDING FOR THE BOARD'S PURPOSE, SUNSET, MEMBERSHIP, QUALIFICATIONS, TERMS OF OFFICE, VACANCIES; OFFICERS, PARLIAMENTARY AUTHORITY, MEETINGS, QUORUM, VOTING; ATTENDANCE REQUIREMENTS, ASSIGNMENT OF STAFF, COUNSEL; AND NOTICES AND FILING OF RECORDS. 26 September 11, 2002 3.20 AMEND RESOLUTION NO. 99-291 BY AUTHORIZING $15,884 INCREASE, IN CONSTRUCTION MANAGEMENT AGREEMENT WITH STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES BUILDING CONSTRUCTION, INCREASING ORIGINAL AGREEMENT FROM $57,636 TO $73,520 FOR ADMINISTRATIVE FEES FOR CONSTRUCTION MANAGEMENT SERVICES PROVIDED IN CONSTRUCTION OF NEW HADLEY PARK COMMUNITY CENTER; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT ENTITLED "HADLEY PARK COMMUNITY CENTER." RESOLUTION NO. 02-966 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES BUILDING CONSTRUCTION, APPROVED PURSUANT TO RESOLUTION NO. 99-291, IN AN AMOUNT NOT TO EXCEED $15,884, FROM $57,636 TO $73,520, FOR ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES AND ADMINISTRATIVE FEES FOR THE NEW HADLEY PARK COMMUNITY CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID INCREASE; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 331411. 3.21 AMEND RESOLUTION NO. 02-724 TO CORRECT SCRIVENER'S ERROR INADVERTENTLY OMITTING VENDOR'S NAME, AND TO REFLECT INCLUSION OF VENDOR NO FAULT INDUSTRIES, INC. RESOLUTION NO. 02-967 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-724 TO CORRECT THE NON-INCLUSION OF NO FAULT INDUSTRIES, INC., AS A VENDOR TO PROVIDE AND INSTALL PLAYGROUND AND PARK EQUIMENT AT VARIOUS CITY PARKS. 3.22 APPROVE SALARY OF EXECUTIVE DIRECTOR OF BAYFRONT PARK MANAGEMENT TRUST. RESOLUTION NO. 02-968 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE SALARY OF THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUSTR AS APPROVED BY THE TRUST. 27 September 11, 2002 3.23 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF O' CONNOR, CHIMPOULIS, ET AL. FOR REPRESENTATION OF CITY IN CASE OF ANGEL ALVAREZ VS. CITY, ET AL., $25,000; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 02-969 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF O'CONNOR, CHIMPOULIS, ET AL. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ANGEL ALVAREZ VS. CITY OF MIAMI, ET AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 00 -2151 -CIV -JORDAN, IN THE FURTHER AMOUNT OF $25,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. 3.24 AUTHORIZE DIRECTOR OF FINANCE TO ENABLE PAYMENT OF CLASS ACTION CLAIMS, $667,550, IN SETTLEMENT OF ALL CLAIMS AGAINST CITY RELATED TO IMPOSITION OF PARKING SURCHARGE ON TOWED VEHICLES, FOR CASE OF ROBERT M. JASINSKI AND SUSAN M. MISAVAGE VS. CITY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 02-970 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO ENABLE THE PAYMENT OF CLASS ACTION CLAIMS IN AN AMOUNT NOT TO EXCEED $667,550 TO POTENTIAL CLAIMANTS, INCLUSIVE OF ATTORNEYS FEES, IN SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI RELATED TO THE IMPOSITION OF A PARKING SURCHARGE ON TOWED VEHICLES, FOR THE CASE OF + IN THE DISTRICT COURT OF THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 02-21572-CIV-SEITZ, UPON EXECUTING A RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM THE CERTAIN STATED CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 00 1000. 026147.4.699. 28 September 11, 2002 3.25 ACCEPT REPORT FROM CIVIL SERVICE BOARD. RESOLUTION NO. 02-971 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 3.26 ACCEPT REPORT FROM MANAGER REGARDING COMMISSION DIRECTIVES. (See #3). RESOLUTION NO. 02-972 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A REPORT FROM THE CITY MANAGER REGARDING COMMISSION DIRECTIVES. 4. AUTHORIZE WAIVER OF PERMIT FEES AND POLICE, FIRE, AND PARKS AND RECREATION FEES, $5,543.00 FOR 3RD ANNUAL ARMISTICE DAY PARADE ON NOVEMBER 10, 2002 IN DOWNTOWN. AUTHORIZE ADDITIONAL $5,000 FOR 3RD ANNUAL ARMISTICE DAY PARADE AND REQUEST MANAGER TO WORK TOGETHER WITH CITY'S OFFICE OF COMMUNICATIONS AND MR. REGINALD COLLEY, PRESIDENT OF ALLIED VETERANS ASSOCIATION, INC., TO GENERATE APPEAL TO ALL SURVIVING WORLD WAR I VETERANS TO PARTICIPATE IN PARADE. Chairman Regalado: We have some personal appearances, and we have also the Commissioners' items. So, in deference to the residents, we -- let's do the personal appearances. First, we have Mr. Reginald Colley, President of Allied Veteran's Association, to address the City Commission, regarding the funding for the Third Armistice Day Parade on November 10, 2002, in downtown Miami. And Mr. Colley has come before the City Commission, and he's here twice, and -- yes, sir. You might want to -- Carlos Gimenez (City Manager): Mr. Chairman, before we go there. Item 5A has been withdrawn. That's another personal appearance. Chairman Regalado: I'm sorry? Mr. Gimenez: Item 5A is withdrawn. That's another personal appearance. You have one less personal appearance. Chairman Regalado: Oh, OK. Go ahead, sir. Reginald Colley: Good morning, Mr. Chairman, honorable Commissioners. My name is Reginald Colley. I'm the President of the Allied Veterans Association, currently involved in organizing the Third Annual Armistice Day Parade in Miami, from November the 10, Sunday. 29 September 11, 2002 And the parade, it seems to be catching on now. It's getting very popular, getting larger every year. Not only the veterans getting involved in it, but also the military reserves and also the schools are getting involved with the ROTC (Reserved Officer Training Course), junior ROTCs. And some of the projects, like the Non -Violence Project, people are getting involved in, as well, actually. They like to come onboard, the children, on that project. And last year the Commission graciously was able to fund the parade, to something like fifteen thousand dollars ($15,000), and after the City was paid all their expenses, then the rest was given to the Allied Veterans Association. We're pretty well clear on the -- paying for the bills on the parade, for the bands and everything else. The only thing I'm short of, actually, is media advertising, and if it's possible, I'd like to see if the Commissioners would agree to some sort of funding, extra funding for the media advertising, because we need to get this word out. The parade is getting more popular. It's an established event now every year, so I'm not going to let this die down. And, unfortunately, there's only one thing is, I can't seem to locate any World War I veterans in this area anymore, like I did last year and the year before. So, we're concentrating mainly on the Second World War veterans that participated in the liberation of France. And the French General -- Consul General will be there presenting some of the Second World War veterans with certificates. So, we're going to be concentrating -- that will be held at the JFK (John Fitzgerald Kennedy) Memorial. I'd like to see if the Commissioners and anybody, the City officials, to attend these parades, and maybe become a keynote speaker. I'm trying to get as many City officials involved in this as possible. So you can see, I have all of the photographs here of the parades, if anybody wants to see them. And, so, it's a -- you can see the enormity of this parade. And I think this one's going to be bigger again this year, because of the feedback I'm getting from the -- especially from the military, and not just the color guards, but I'm getting a lot of marches in these parades now. Commissioner Teele: I heard everything you said, but I'm not sure what your request is. Have you and the Manager met on this and -- Christina Abrams: The Administration has met with -- Christina Abrams, Director of Public Facilities. The Administration recommends a waiver of the permit fees, and allocation of funding in the amount of five thousand, five hundred and forty-three. That will be used to pay for Police, Fire, Parks and Recreation, and for the waivable fees. Commissioner Teele: Commissioner Winton, you appear to be presiding. I would move the Manager's recommendation. Vice Chairman Winton: I can -- my hearing doesn't work very well for these acoustics. Commissioner Teele: It's reverberating really bad. Vice Chairman Winton: And I can't -- I mean, I'm even lost right now. I couldn't understand -- I didn't understand what Christina just said, and I understood almost nothing what he said. Commissioner Teele: The management's recommendation appears to be for an appropriate waiver of City fees, and some five thousand dollars ($5,000) in expenses. 30 September 11, 2002 Mr. Gimenez: Yes, sir. Commissioner Teele: And I move that recommendation, as the starting point. Mr. Colley: It totaled fifteen thousand dollars ($15,000) last year. Vice Chairman Winton: Am I chairing right now? Commissioner Teele: You're chairing this. Vice Chairman Winton: Oh, OK. So we have a motion and a second. Do we have 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 Commissioner Teele, who moved its adoption: MOTION NO. 02-973 A MOTION AUTHORIZING THE WAIVER OF PERMIT FEES AND POLICE, FIRE, AND PARKS AND RECREATION FEES IN AN AMOUNT NOT TO EXCEED $5,543.00 FOR THE 3RD ANNUAL ARMISTICE DAY PARADE TO BE HELD ON NOVEMBER 10, 2002 IN DOWNTOWN MIAMI. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado Commissioner Teele: Mr. Chairman, if I may? Vice Chairman Winton: Yes, you may. Commissioner Teele: That's ten thousand dollars ($10,000) short of the request, as I understand. Mr. Colley: Right. Last year we got fifteen thousand dollars ($15,000), which paid for everything, the City and for their expenses. 31 September 11, 2002 Commissioner Teele: And, so, the question is, are you getting any money from Bayfront Trust or the DDA (Downtown Development Authority)? Mr. Colley: No. Commissioner Teele: Have you made a request to the DDA or Bayfront Trust? Mr. Colley: No, sir. Commissioner Teele: I would think, certainly, there could be a motion asking the Manager to work with the Communications Department, for our NET 9 to work with you in the media, and especially to generate a call for veteran -- World War I veterans. I think that would be a benefit to the City, to be involved in something positive like that. I think it's a good use of NET 9, and to formulate something, where, you know, we can develop a website or something, or a telephone number, and do a plea for World War I veterans or anyone that knows it. I think that's the kind of thing that people would appreciate getting. Mr. Colley: Well, I already do -- the last five years have been researching any World War I veterans in the tri counties, and there just doesn't seem to be any left. I had one last year -- Commissioner Teele: Yeah. But I'm talking about -- do you have a television network? Mr. Colley: A tele -- no. Commissioner Teele: That's what I'm talking about, is using the City's television network to generate, almost like a spot, an appeal for -- and it gives you an opportunity to sort of lay out your program in a way that money really can't buy. It's something our communications department has really improved in. And I think that's something that this Commission could request the Manager to work with you in. I think that the -- Commissioner Winton, you're -- the parade draws a large number of people downtown, or at least it did two years ago. Mr. Colley: Last year. Commissioner Teele: And, you know, what we've got to do is, we cannot continue the same level of support. But we put in fifteen thousand last year, right? Mr. Colley: Yes, sir. Commissioner Teele: We put in fifteen thousand last year. And, so, I would move that the City put in an additional five thousand dollars ($5,000) this year, against the commitment and the requirement that the management and NET 9 and the communications department work to develop a spot, using NET 9 or public service spot that would do an appeal for World War I veterans, using the City of Miami jointly with the organization, your organization, doing this appeal, because I think it's the kind of thing that the public would like to be involved in. I would so move. 32 September 11, 2002 Chairman Regalado: OK. We have a motion. Do we have a second? Commissioner Gonzalez: Second. Chairman Regalado: We have a second. Commissioner Sanchez: Discussion. Sir, do you -- Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Do you get any assistance from any other municipality, any government -- governmental -- Mr. Colley: No. Commissioner Sanchez: Only the City? Mr. Colley: Just the City. Commissioner Sanchez: Have you seeked [sic] anyone else? Mr. Colley: I do have some funds coming in from certain veterans' organization, maybe fifty dollars ($50) or a hundred dollars ($100). Commissioner Sanchez: How much? Mr. Colley: Usually a fifty -dollar or a hundred dollars ($100) they donate. Some of the veterans' organizations like the American Legion, Korean War Veterans, Vietnam Veterans, and so on, but not too much. Commissioner Teele: The County doesn't give you anything? Mr. Colley: No. Nothing. Vice Chairman Winton: Yeah, but they sure can j ack up our tax bill. Commissioner Teele: You ain't just a kidding. I mean -- Vice Chairman Winton: My increase could almost pay for their parade. Commissioner Teele: I think -- Chairman Regalado: Commissioner Teele. 33 September 11, 2002 Commissioner Teele: I think the request -- you know, I think -- if this motion passes, which is ten thousand dollars ($10,000), plus access to NET 9 and technical assistance, I think, you know, it sends the message that we're one hundred percent with you, but at the same time that we've got to -- this cannot be a reoccurring responsibility of the City of Miami, financially. We've got to get other partners involved, and I'll work with you to try to raise -- to try to get the County and maybe -- Chairman Regalado: Commissioners Barreiro and Carey chairs downtown Miami as representatives, and both understand the importance of having in downtown events. Commissioner Teele: Commissioner Barreiro, especially, should be very supportive of this. I mean, he's got to core of downtown. Have you talked to him? Mr. Colley: No, I haven't talked to him. No. Commissioner Teele: Well, I think, you know -- Mr. Colley: I'm not familiar with any of them. Commissioner Teele: Well, I think one of the things our staff should do is -- our intergovernmental people in the Manager's Office, we ought to facilitate that meeting. And I know that Commissioner Barreiro will be responsive. He's tremendously concerned about veterans' issues, and those kinds of things. Mr. Colley: I'll follow that up. Mr. Gimenez: Yes, sir, we will facilitate that meeting. Chairman Regalado: OK. Commissioner Teele: Call the question. Chairman Regalado: We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. 34 September 11, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-974 A MOTION AUTHORIZING AN ADDITIONAL $5,000 FOR THE 3RD ANNUAL ARMISTICE DAY PARADE TO BE HELD ON NOVEMBER 10, 2002 IN DOWNTOWN MIAMI AND FURTHER REQUESTING THE CITY MANAGER TO WORK TOGETHER WITH THE CITY'S OFFICE OF COMMUNICATIONS AND MR. REGINALD COLLEY, PRESIDENT OF ALLIED VETERANS ASSOCIATION, INC., TO GENERATE AN APPEAL TO ALL SURVIVING WORLD WAR I VETERANS TO PARTICIPATE IN THE ANNUAL ARMISTICE DAY PARADE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: 5. TABLED: PRESENTATION BY MR. JORGE ESPINOL ON RECONSTRUCTION OF I- 395. (See #7). Chairman Regalado: Camille Merilus. Commissioner Sanchez: He's not here. Chairman Regalado: He's not here? OK. Carlos Gimenez (City Manager): Chairman, Number 4 will be deferred to the meeting on the 26. Chairman Regalado: OK. Mr. Jorge Espinol. Mr. Espinol is going to address the City Commission concerning the reconstruction of I-395. Mr. Espinol you all know him has -- sorry? Commissioner Teele: Mr. Chairman, before he starts, I have been the City's representative to the MPO (Metropolitan Planning Organization). As you know, the Mayor has expressed an interest and the Commission has voted that beginning I think October 1 the Mayor will be the MPO representative. By way of background I should inform Mr. Espinol and this Commission that the MPO at my request has formulated a group of 395. I've asked that no appointments be made until Mayor Diaz be seated, that there is going to be a working grouping that is going to make a lot of recommendations on 395 and if there is any member on this Commission -- Commissioner Winton, I'm talking especially to you. I've urged that the Omni Advisory Board as well as the Overtown Advisory Board at the Performing Arts Center have representation on this board but the DOT (Department of Transportation) secretary and the MPO have confirmed that this advisory committee -- I think Commissioner Barbara Carey -Schuler has expressed an interest in serving -- will be the committee that will be making a lot of the final recommendations including a possible immediate realignment of 395, so I don't know where it's going and I just wanted the Commission to know everything that I know. 35 September 11, 2002 Chairman Regalado: OK, and by the way, a group of -- this is to Commissioners Teele and Winton. A group of truckers from the Port of Miami came to see me and I forward them to you because I told them that their issues would be best discussed first at the MPO. Commissioner Winton and Commissioner Teele and then whenever you both decide to bring it to the City Commission, because they seem to have a lot of truckers that they represent and they have many issues, so I guess that you'll be hearing from them or you have already heard from them. Vice Chairman Winton: Commissioner Teele, I might add on -- and it's germane to that subject I-395. I-395 should not be done in a vacuum as just as 395. Downtown Master Transportation Planning Committee is in fact the 395 project is going to be a part of what gets purported out, and I've got our consultants talking to Jorge and I guess others to figure out which of the models get purported out of this thing. But it needs to be a part of the whole and not just this one thing all by itself like we're famous for doing. In that regard, because of the County's half -penny sales tax issue that is coming quickly, we're going to give our master plan -- the entire plan won't be done. All the component pieces that we're required to do in this master planning process, some of the public hearing won't be completed and everything before the first of November, so I'm meeting with the consultants. We are going to bring in a 15-20 minute presentation to this Commission at the next Commission meeting so that we can give the Commission a pretty clear view of the scope of needs and how we've identified those needs over the course of the next 20 years even though we wont be seeking adoption. We're just giving -- it's informational only and we're also suggesting that they may try to go before the MPO on the same day and also give a 10-15 minute presentation, same purpose. The reason for that is so we can make -- we need to make some decisions as a body as to whether or not we're going to support the half penny sales tax and these projects are germane to that question and so that's the kind of conversation that's going to come on the 26th. It'll be not only that presentation, but we're going to have to have a dialog about what role are we going to take, if any, in supporting the half penny sales tax that the County is pushing. Chairman Regalado: OK, Mr. Espinol. Would somebody give him the portable mike because I think it'd be best if he can address the Commission from here. He doesn't have to have a -- Vice Chairman Winton: Commissioner Regalado, could we take up items while he's getting this thing cranked up? Chairman Regalado: OK. How long are you going to be long? Leroy Jones. Leroy, are you here? Vice Chairman Winton: That's deferred. Chairman Regalado: Oh, OK. Two personal presentations have been deferred. Becky Matcov, the Bay Heritage Trust, and Leroy also has been deferred. 36 September 11, 2002 6. INSTRUCT CITY ATTORNEY TO ENGAGE OUTSIDE COUNSEL AND TAKE ALL NECESSARY LEGAL ACTION AGAINST MIAMI-DADE COUNTY, INCLUDING FILING SUIT, FOR ILLEGAL USE OF WATER AND SEWER FEES THAT COUNTY IS CHARGING CITY RESIDENTS TO PROVIDE FOR SERVICES IN UNINCORPORATED AREAS OF COUNTY. Carlos Gimenez (City Manager): Also, Mr. Chairman, District 1-A, that item has been withdrawn. Chairman Regalado: 1-A, oh, OK, it's been deferred. While we -- district -- well, Commissioner. Vice Chairman, you want to do your Gusman? Vice Chairman Winton: I'm going to defer that as well, because the architect can't be here to give the presentation, but I have a substitute discussion item that is of utmost importance to the residents of the City of Miami. This is potentially a big deal. I'm going to start of by -- and this is about the trim notice that we've all received in the mail that has the County's portion of our real estate taxes on it. Now I haven't finished my analysis, so I don't want to jump to inappropriate conclusions about what the County may or may not be doing, but I'm going to give you some facts, and the facts that I have relate to three single-family residences that have homestead exemptions. Two of those residences are in the City of Miami. One happens to be my own house. The other happens to be the house of my neighbor across the street, and if you look at the trim notice and look at the County's portion, which is the top line item, and I'm encouraging calling all kinds of friends and having them pull their trim notices, look at them and get me the information and I'm going to encourage everybody's that watching Net -9 to do the same thing, and I want people, who not only live in the City of Miami, but live in other incorporated cities within the County and then we need to look at some unincorporated County single-family homes that have homestead exemptions; but the three examples I have read as follows: My taxes last year at my house is shown here as a number, then it has as the next column is your taxes this year if proposed budget change is made. The difference between last year and that number from my house is 33 percent. A 33 percent increase in my tax bill from the County if the proposed budget change is made. Then the 3rd column is your taxes this year if no budget change is made. That increase is only a whopping 24 percent, so at minimum, my taxes are going to go up on my house by 24 percent and a maximum 33 percent from the County. My next-door neighbor's numbers are worse. They're 36 percent and 27 percent. Now I got an unincorporated Dade trim bill notice and this person's taxes, if the proposed change is made, their taxes -- this is unincorporated Dade, no municipal government there -- their taxes will go up 4.5 percent only if the proposed budget change is made. If there's no change in the budget, their taxes will go down by 4.8 percent. Now don't want to jump to conclusion too quick because obviously this doesn't take an appropriately statistically significant sample size, but it sure does make you wonder, and we've all felt for the long time that the County is subsidizing unincorporated Miami -Dade County on the backs of municipalities. Well, if the rest of our tax bills are looking like this where we're facing double digit increases in taxes on homestead properties in our cities, then it's an outrage, so I think that you all need to know this. It's only a point of information right now because I don't all the information gathered, but I would encourage you to ask your constituents to look at their trim notice right away. Get the 37 September 11, 2002 information in your hands, real information. It needs to be single-family residents only, and it needs to be homestead exempted only so we can match apples to apples. Then the other thing we want to do is get these trim notices from every single other municipality in Miami -Dade County and see if the same thing is going on in other municipalities. Maybe it's just the City that they're picking on, but maybe it's all the incorporated areas. I don't know, but something doesn't smell good. Mr. Gimenez: Commissioner, on the unincorporated side, is that UMSA (phonetic) or is that the Countywide? Vice Chairman Winton: Here on the UMSA side -- Mr. Gimenez: Well, because they have two different things. They have an unincorporated millage side. Vice Chairman Winton: I understand, exactly. In the unincorporated area -- listen to this. In the unincorporated area, if the proposed budget change is made, which is the column that has the biggest increase. In the unincorporated area, that increase is 1.89 percent. If no budget change is made, it's a decrease of 3.8 percent, so if no budget is changed, the County portion at the line item at the top and the unincorporated area down below, both of those numbers are decreases. The City, well, we don't have another. We just have all one line items, County. So -- Mr. Gimenez: There's -- that doesn't sound right. We're calling the County to find out what the proposed operating millage is this year versus last year, and the rise, if it's the same operating millage, we should only, at the most, if it's a homestead, like a 1.6 percent rise in your taxes because that's what state law says. If you can't raise the value of your house on a homestead, it's the lesser of the CIP, the Consumer Price Index, CPI, or a three percent, whichever is less, and we believe it should be like 1.6. Vice Chairman Winton: I'm really hoping that with my neighbor across the street and me that it's just simply a terrible mistake on their part and that there's nothing else going on, and that we were the only two people in all of Miami -Dade County that they made this mistake on, but you know what I'm willing to bet? Mr. Gimenez: It could be the official -- the elected official's subsidy, that all elected officials have to pay, and their neighbors within 100 feet, but I live in the Grove also, so I'll check my trim and see if it's the same thing happening and we will start looking to see if there's a problem. If it turns out it was a big mistake, they may have problems in the County in terms of their calculations, so they may be shorter or they think they are, but we'll take a look at it. Chairman Regalado: But you know, Johnny is very right because we need to get information from our neighbors and constituents because most of the Miami -Dade County Commissioners do represent cities and they won't be able to get away with it. We have to tell them that it's impossible, because we can do all we want to do here in terms of reducing taxes and we follow Commissioner Teele's lead the other day, but then, you know, the value of your property it's increased, and then you have this attack on the City by the County, so the people -- most of the 38 September 11, 2002 people in the City are not like Johnny, that reads the trim line by line. The bottom line is what they going to have to pay and they going to blame the City and they going to blame us and that's wrong, because we're trying to do right for the people here, so we need to find out and hopefully we'll have -- do we know when is the budget hearing for the County, the last budget hearing? Mr. Gimenez: Well, it's not today, because that's why we had to move ours, so it's either yesterday or tomorrow. Chairman Regalado: Right, but -- I mean, on the September, we need to find out the second, so because if we have to go there, we need to go there, and -- Mr. Gimenez: Commissioner, unless there's a significant rise in the operating millage, a 30 percent rise in the operating millage, there's something wrong there. If the operation millage stays the same by law, they can't -- the assessed valuation cannot go higher than 1.6 or 3 percent. It just can't, so there's something wrong there. We're going to check it out. Chairman Regalado: Yes, sir. Commissioner Teele: Commissioner Winton, I don't understand at all what you read into the record, but I do understand this. Since I've been here, we, as Commissioners, tend to really vent and get frustrated about the relationship and -- not the relationship, but the machinations the little things and it just a never ending torture chamber of tricks that we're engaged in with the County, and having sat on the other side of the table, I can assure you that, as they say, just because you are paranoid, don't mean they ain't really out to get you. The County, unlike what the Chairman has just said, the staff, the bureaucracy of the County has always seen, as their first responsibility, preserving the unincorporated Dade County and, in fact, if you go back and you look at the budget statements, it was to keep the unincorporated taxes low. The reason is that's how you keep people from incorporating. In other words, if there is an unincorporated area, like where Mrs. Range lives on 17th, two blocks over to the west, 19th is the City line. Everybody on the east side of 19th Avenue is in the City. Everybody on the east side of 19th Avenue -- Reverend Dunn lives on 19th Avenue, is in the County. Nobody's going to vote to come into the City if the millage in the County, unincorporated, is four mills and the millage rate for the privilege of saying you're in the City is 10 mills. That's a six mill spread. Now forget the fact that you got the fire issue, the fire board, and all of that, but the numbers you're reading are just mind -- I mean, the Manager is right, I would prefer to say that the taxes cannot be more than three percent and leave it at that. Now, if it's 1.4, that's still not more than three percent, but the constitution has that circuit breaker in there that says no matter what the value of the house is, they can't raise it more than three percent a year, and so these numbers don't make sense. The point that I want to make is this: Ever since I've been here, I have talked about the water and sewer administrative charge for which the County is charging the City of Miami residents an effective rate of 10 to 12 percent, but at the airport, the FAA (Federal Aviation Administration) won't let them charge but three percent, so the airport account is charged three percent as an administrative charge or an administrative indirect charge. The water and sewage charge is 12 percent. Well, the spread is $60,000,000, so this is a way of putting a tax on the cities as it relates to -- because the money then comes in and it goes out now to unincorporated Dade County, so while you could say that the money is being collected equally from the 39 September 11, 2002 unincorporated and the City, with the services being put that way, which gets to the bigger issue. We need the ability in our budget to have, first and foremost, management studies, unspecified management studies. You cannot run a $500,000,000 corporation without having a management study capability to look at this. Secondly, if you make the motion, I will second it, to instruct the City Attorney to engage appropriate staff and file litigation over this, if necessary. Because the fact of the matter is, if you are right, if those numbers are right -- and we've got at least one firm out of Tallahassee that did our study on the fire fee -- that's a law firm with a research component with it -- that is the foremost of the state. It's not about you and it's not about me. It's about the citizens that we're representing. It's about every citizen in this city, and if we don't fight for the citizens, then who is? And so I take what you're saying very seriously, but I realize that there is much more of a method to the building of the County's budget than this happens coincidentally. The County is very concerned about keeping taxes low in unincorporated Dade County and that has always been the budget priority of the County, is to keep those taxes low, so I don't know what the answer is, but I can tell you this: The only way we're going to figure it out is, we're going to have to hire some professional to go in an analyze it. You can't do this through just random samplings of grabbing a few millage rates, but I think that the point is a very serious point. Vice Chairman Winton: Commissioner, you made a comment about water and sewer and you introduced a kind of -- introduced a resolution, and it's a resolution that you introduced a year ago. We passed it and I think we all agreed to kind of put that lawsuit on hold, got a new mayor coming, let him -- but I think that we're at a point now where -- and I've said this before. When I deal with individual people in the County, I always come away totally satisfied, almost always. As individual people, they're part of the team, but that system up there has a backroom to it that absolutely does churn these numbers and is out to bury municipal government, and we aren't the same city that we were five and ten years ago, where they really had to take on the responsibility of taking care of us because we didn't take care of us. We're rocking and rolling and the County gets a tremendous amount of money from us, from our taxpayers, in support of County government and puts virtually nothing back, and so my view is, when you talk to the people that are the individuals and you come away with a good feeling that makes me feel good, but the fact of the matter is, when you look at the issues that we have at the County and they're all stacked up and a whole bunch of issues, every single one of which has a significant financial impact on our taxpayers, we go nowhere, so my view is, it's time to fire the first salvo, and I think we do need to initiate the lawsuit on the water and sewer issue now. I don't think we should wait any longer. I think we need to get the backroom that runs that County budget process. We need to get those doors blown open so that the County Commissioners can see the light of how their own system works, and I'm not blaming the individual County Commissioners either. I'm sure they're kept in the dark about this stuff, and we need those doors opened, and I think the only way to open those doors is to fire the first salvo, coming from our direction to them, instead of the other way around, and file that lawsuit. Commissioner Sanchez: Mr. Chairman, you know, the County is the 800 -pound gorilla, and let me just say, they don't think twice about suing the City. Every issue that comes between the City and the County, they sue us, because for every attorney we'll put on, they'll have eight attorneys that they can put on, but you know what? It's time for us to fight. They're going to continue to do anything they can. They look at the City. They can't compare the City now to 40 September 11, 2002 three years ago, when we were in a $68,000,000 deficit. Today, we're close to a $90,000,000 reserve. They're looking at all that and exactly, they go out and they find money from healthy, corporated cities to subsidize incorporated Dade. That's exactly what they do, but if we don't take a stand and fight them, it's -- we've got to kick the 800 -pound gorilla you know where, and we've got to do it. I agree -- if Commissioner Teele is prepared to make that motion to litigate on that, I'm prepared to second it. If you want to make the motion for the water lawsuit, I'm prepared also to second it. Vice Chairman Winton: The motion will be that we make, for the second time, a motion that we mean, and that is to direct the City Attorney to immediately engage counsel and file a lawsuit against the County on the illegal use of water and sewer fees. Commissioner Sanchez: Is that your motion? Vice Chairman Winton: That's my motion. Commissioner Sanchez: Second. Chairman Regalado: OK, we have a motion and a second. Mr. City Attorney, anything that you want to say? Alejandro Vilarello (City Attorney): Did the motion pass? Chairman Regalado: OK. Why don't we just take a roll call, Madam City Clerk, so that the message will be clear to the County of the role of this Commission? Madam City Clerk. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02- 975 A MOTION INSTRUCTING THE CITY ATTORNEY TO IMMEDIATELY ENGAGE OUTSIDE COUNSEL AND TAKE ALL NECESSARY LEGAL ACTION AGAINST MIAMI-DADE COUNTY, INCLUDING FILING SUIT, FOR ILLEGAL USE OF WATER AND SEWER FEES THAT THE COUNTY IS CHARGING CITY RESIDENTS TO PROVIDE FOR SERVICES IN UNINCORPORATED AREAS OF THE COUNTY. 41 September 11, 2002 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. Commissioner Sanchez: Johnny, on that issue, we should all appeal our taxes. We should all request to go to hearing -- all five Commissioners should request and ask the citizens to also request a hearing on their taxes. Mr. Gimenez: Mr. Chairman, we're getting from the County now their last year operation millage and debt millage, and this year's proposed, and see if there's something there that would explain this. If not, there may be some problem in the trim notices. Commissioner Teele: And this happened under the item of Gusman Hall, right? Vice Chairman Winton: That item got deferred. Chairman Regalado: Thank you. Mr. Colley: Thank you. 7. DIRECT ADMINISTRATION TO SCHEDULE PRESENTATION ON RECONSTRUCTION OF I-395 FOR COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 26, 2002 FOR TIME CERTAIN OF 11:00 A.M. (See #5). Chairman Regalado: Mr. Espinol? Jorge Espinol: Thank you very much, Mr. Chairman and thank you very much to all the members of the Commission for allowing me to make this presentation. What I'm going to be focusing on -- Chairman Regalado: Your name and address? Mr. Espinol: Jorge Espinol and I'm the head of Miami Urban Watch. We're a citizens group that's been very much concerned with the development of the downtown area and we have worked on the studies for 395 in conjunction with Glatten Jackson, which is one of the most 42 September 11, 2002 prominent, very distinguished traffic planning firm based in Orlando, to look at the issue of I-395 and see what kind of possibilities we could develop, that would really change or dramatically change the downtown area, so I'm going to show you basically what the issue is, what the alternative is, on the part of the FDOT (Florida Department of Transportation), what our alternative is, and the issues that FDOT has raised about this. Now one very, very critical point that I want to make about this project is this. Up until now it's been considered a visionary project. Visionary in the sense that it will only be implemented maybe 10-15 years from now in the best -case scenario. This is -- what I'm going to be presenting to you is just exactly the opposite. This project can be done tomorrow, literally tomorrow and when I say tomorrow, I'm not talking about five years from now. It can be initiated immediately, and the reason why, is because this project has been designed in phases, so that we can begin initially by doing one area just simply at ground level and I'm going to be referring to that in just a moment, and that can be financed very easily. It's a very, very small amount of money, and then the rest of the project can be done later, without having any problems or without having any differences affecting the existing I-395. The other thing that I want to point out and I really want to emphasize, is that this is -- the timing of this project is very critical. Why? Because if we don't get going on this project within the next year at the very least, what's going to happen, number 1, we may lose the possibility of having the right of way for the project, and number 2, the Performing Arts Center will be finished by 2004 or early 2005 and what that means is that by that time between here and now, very little will have been accomplished, so we need to have a very concrete timetable and to at least have the initial phase of the project finished by 2004. You know how short a time there is in between, so this is why I consider the implementation needs to be done as quickly as possible, and that we don't waste too much time going over and over different alternatives all over again, so with that in mind, I'd like to begin a presentation. Is everyone ready, or shall we - - or should I wait a couple of minutes while everybody gets back? Chairman Regalado: No just go ahead, Jorge. Mr. Espinol: So, again this is the alternative for rebuilding I-395 and what you're looking at here and we'll look at that again a little later is just the idea that what we will build here would be a boulevard by taking down I-395 and then an underpass that will then work for traffic heading to Miami Beach. What you see here is a view of what you would be looking at if you were coming from I-395 in the west and then off in the background you see Biscayne Bay. This is a project as I said initiated actually coordinated by the University of Miami with Miami Urban Watch and Glatten Jackson associates and the study really was concerned with looking at the alternative that we prepared versus FDOT's preferred alternative. This is an alternative that has been in the works on the part of FDOT for several years now, in fact since 1994, and what we're calling again is for replacing I-395 with a boulevard and underpass, but we're also presenting this as part of a broader plan for the downtown area. One of the advantages of this plan is that it creates six new City blocks. By taking down I-395, we create land that will have very, very high value, and this can be initiated for approximately $25,000,000. I will show you how in a moment. Now FDOT's preferred alternative calls for rebuilding I-395, basically the same way that we have now, but as much wider structure and it would cost approximately $135,000,000. I won't waste too much time getting into the background of the proposal itself, but what I really want to do is get on to the issues and essentially what we're going to say is number one, I-395 is a huge problem for the downtown area. The FDOT's preferred alternative simply does not work. 43 September 11, 2002 The Miami Urban Watch alternative works both in terms of traffic and in terms of urban revitalization issues and it improves the area at a very, very low cost. The principle objections to this proposal have to do with the FEC (Florida East Coast) tracks to the Port of Miami and the fact that FDOT considers that we have to keep a 23 -foot six clearance between the tracks and the structure and our argument, our counterargument is that objection is based on outdated conditions. The FEC tracks to the port really don't provide much service. Once a day, I'm sorry, once a week, it's come down to, so we need to reevaluate that particular condition that the FDOT has placed on us. I'm going to go very quickly on these photographs because I know you want to just get to the actual proposal, but just to give you a very big brief background with images of what the actual problem is, and of course, it's the fact that it cuts through downtown Miami, I- 395, and it creates a really very bad conditions for the whole area. As you can see, it's a formidable structure that began by destroying most of Overtown. It still continues to have a heavy toll on the area. It fragments the community. It's really an unfit place for children to grow, and in general, it creates a total path of blight and desolation along its way. This is one of the most critical aspects of I-395. It's a health hazard. It's filled with rubbish. It's a place where drug dealers and all sort of other criminal productivities take place. Commissioner Teele: Hold on one minute. Go back to that other one. That's the Art Basel. Remember the thing we funded? You see down there? That was the -- that's that house that we funded, part of the Art Basel, George Sanchez, just so the record's clear on it. We helped with some of that rubbish I guess. Mr. Espinol: If you see by the column on the left, there's some activities going on there. I don't think I would want a detail, but it's not the kind of thing that people should be looking at when they pass by. Can I go on? OK. It's obviously a degrading place and people have to endure this on a daily basis as they taking the bus. It's just a horrendous environment for all of the area and of course it spars a lot of fear with people coming to the downtown area. Obviously it discourages development along the Park West and it's going to be a major problem for the Performing Arts Center. It obstructs views both to and from the Performing Arts Center. As you can see, there it totally blocks the whole area, is really not a very welcoming site especially to an area where it's supposed to be Miami's premier cultural landmark. You can't really do much with this structure as it is, and landmark, Performing Arts Center requires space; it requires an area that really highlights its character as an urban landmark, and here is a good example of how that would be done or how that has been done in Paris. Dover Kohl's study on Bicentennial Park shows the I-395 is really a major barrier to the development of Bicentennial Park, and of course it constraints the area even more in terms of putting museums there. It's going to be a very tight situation, which will be resolved much better if we get rid of I-395, as you'll see. OK, so both really the problems not just I-395. It's the FEC tracks too, and they really create some huge problems for the whole area. As you can see, the kind of environment right next to the freedom tower and it's basically like a third world slum, so it is a huge problem. It's something that needs to be resolved and the FDOT is really thinking about this more in terms of traffic rather than in terms of urban design issues. They, of course, want to correct the operational deficiencies and they're interested in creating and using I-395 as a link to the Port of Miami tunnel from Watson Island. That's their main concern, and basically what they want to do is double, just about double, the width of I-395. Here you can see that a little better and you can see this is going to have a major impact on Overtown. Of course, it's going to reopen the wounds that have been 44 September 11, 2002 there historically. This is the kind of situation that you would have where you got the 395. They're just adding ramps just like this, so that we would even have a worse environment than we had before, and of course the area around the Performing Arts Center is going to be tremendously wide and it will have a major impact in terms of sound and in terms of visuals and so on, so this is something really is again a huge problem. In terms of cost, the actual construction cost of FDOT's proposal is really only about $58,000,000, but, what they haven't pointed out is this because this will only be implemented somewhere around 2015, the right-of- way cost would be tremendous because of the values of the land around that area will have risen sharply and basically it comes out to about 134,000,000 when you do the projections. The critical flaws with project implementation timeframe is too long and what that means is while we get to that point, all the land adjacent to I-395 will really be unproductive. Nobody's going to develop land where they know that it's going to be taken away through eminent domain. The cost of the right-of-way essentially buried beneath the structure. It doesn't address urban revitalization issues. It has been on hold for at least almost 10 years because Overtown residents and many other people in the downtown area have opposed it, so that in a sense, it is just simply not productive to continue even thinking about that possibility. Overtown will not accept it and certainly now with people at the Performing Arts Center area who are part now joining Overtown, that's going to create, it will block it completely. It just has no sense, so as far as our concerns in terms of the Miami Urban Watch alternative, the principle point, of course, is that here you have land right in the center of the City that's basically unproductive, dilapidated. You have some terrible socioeconomic problems in the area. You have to change radically the living conditions in Overtown, Park West and Omni and of course you want to integrate all of these areas. Areas, as you can see, are in very, very bad shape and certainly there's a lot of work going on right now, a lot of projects that are being on the drawing boards to improve this area, but what we have to understand is that the process that's taking place if far too slow and one of the reasons why is because as long as you have I-395 going through there, the changes will be almost, it'll be a total uphill struggle. The broader issues are that you have to revitalize downtown centers to really address all of the broader issues about suburban sprawl, traffic and so on, and that's something's that very clear from the "eastward ho" initiative and the idea of resettling the downtown urban course. The concerns as I mentioned in the beginning are we have certain timeframes, certain limitations and all of the other cities in South Florida are running far ahead of us, so we really have to do a lot of catching up to get to where we want to be. The challenge that we pose to ourselves is that you need to be able to initiate this project in the coming year, not 10 years from now, but right now, and we need to improve the area around the Performing Arts Center significantly by the time it opens and we want to provide a basis so the projects that are presently on hold can really get off the ground. Now here is where we get down to the real details of this. This is the study area. You see I-395 with Biscayne Bay in the background. What we're proposing is basically to take down I-395 around the vicinity of the FEC tracks. You see on the left side the boulevard would be created connect over to the port. We create a second boulevard that joins Bicentennial Park and the area right around Gibson Park because it's very important to open up Overtown, and of course as you can see where I have the number 2 there. Once you take down that whole section of I-395, that opens up the possibility. Now the other aspect that's very important about this is that we're talking about creating a light rail line that we join. It will run along the FEC tracks and join Metrorail at the arena station. That's consistent with the studies that have been made already on the FEC track corridor, and the one major advantage about this is that once you join up the metrorail and the light rail line at the 45 September 11, 2002 arena station, you create a very important transportation hub there and that begins to give life to the area, and that then in turn provides a new use for the Miami Arena and I will refer to that in a little bit, but that can be one of the most important hubs to revitalizing the area. Here you see the plan and here you see basically what we're creating, and I can just come from here very quickly. You have on the one hand all of this is new land, all of this area here. It opens up, we create a plaza to open up the Performing Arts Center right to Bicentennial Park. Here you see the government a new transportation hub and basically it can become a government center, a City of Miami government center. It could have different other uses, and this is just highlighting those various points. This is the actual relationship between the blocks, and there's the plan again, and what you see there is the boulevard. Here's I-395 coming down. Here's the ramps going in the boulevard, and here's the second boulevard connecting the two areas and here, what we're proposing and it'd be interesting to hear your reactions about this, the idea that maybe the City of Miami City Hall could be built could be moved to this area, which would present, let's say, the presence of a government right in the downtown area. It will then, you will have mall going from the City of Miami City Hall right to Miami Airlines Arena. I'm going to jump ahead a little more. You can see this is where we're talking about the City Hall and probably World Trade Center building or the exhibit is also being planned out that would be a great possibility for the Miami Arena, connecting right to the arena, and then here's where you have the boulevard and then you have the second boulevard, because see how this opens up completely towards the bay. The sites for the museums and we could have the science museum on one side of the park and then the art museum on the other side of the park so that it will then give us much more land and then the park remain much more open. This little bit of details, but here is one of the most important things. When people talk about this project, the say we're building a tunnel. It's not a tunnel. What where doing is actually doing simply an underpass a depressed roadway with a slab right across it. The construction issues here are far different from building a tunnel. You can see, this is up (UNINTELLIGIBLE) you can see how the space up above changes dramatically and here is -- to explain that concept a little better, you have, let's assume that this is actually the boulevard that we're proposing. Here's the one side of the boulevard, here's the other side of the boulevard and here is the underpass. This is actually in Barcelona, Spain and there's your underpass right there. This one's been left uncovered, but it could be left covered or it could be covered eventually, just like they're doing in Fort Washington way in Cincinnati where they initially had a just a depressed roadway and now they're covering it and they're going to make all sorts of uses for that area. I'm going to jump far ahead so that we won't -- so I can get to some concrete points, because this is -- I want to get to the nifty -gritty of the cost and how this would actually be done, and that way at least you'll have that sense of -- OK. Here, this is the most important aspect of this project in that it shows how it can be implemented immediately. We don't touch I-395. We just begin by widening Northeast 13th Street and then building the next section and eventually you build the underpass only until that has been done, then we dismantle I-395, so what we're saying is this part here can be done very, very quickly. What do we need to do that? All that we need is to purchase this plot of land here and this section here. This is already owned by the county, and this is what, if there's anything that I could -- let's say request or just simply advocate at this point, is that the most important item that the City, or possibly with the county, should be doing at this point is just simply purchasing this land, because once we purchase that land, then the project can go on much later, but if we don't purchase this land now, of course, two things could happen. One is that the cost is going to rise tremendously. It's already rising, because the people along here know something is going to 46 September 11, 2002 happen, so they're raising prices. The other thing is that maybe a project such as I was saying that one of the museums that has been some talk about building the Whitney (phonetic) Museum down here and it's slated to go somewhere around this site, so that if that actually happens, then the whole right-of-way is lost, so this is something that should be addressed immediately. This is the right-of-way that I'm talking, this is the section that we would actually have to purchase. This is already owned by the county, so basically we're talking about that and some property on the other side. If we do that now, by the time the Performing Arts Center is finished, we can at least have this area pretty well resolved in terms of traffic, in terms of immediate needs of traffic and without taking I-395 down. Eventually we can build ramps somewhere in this area to I-395 and later on is when we would build the underpass, but that's sort of like the short-range plan. Now here is the cost and this again is the most important aspect of the economic issue here. We can build the boulevard alone, the construction according to FDOT figures, would only be about 3.5 million. The right-of-way is 20 million, estimated on the basis of $100 per square foot and for land in the area, which is more or less what it's going for, so this part can be built for 23.5 million. The underpass cost much more. That's really the expensive item. It's about $250,000,000. However, when you subtract the money or the funds that you would get from taking down I-395, that whole section with a projected value of course, we got 84 million. We can bring this whole project, the cost of the project, down to 188.5 million. That's how low it can be, and of course we have to, in doing this, we haven't done an economic impact analysis, but certainly if that were done, we would be in ever better shape. These are just the detail numbers for anybody who's interested in looking at that, how we got the numbers, and I just want to show you what FDOT has said about these numbers. Way back before we did this study, they estimated the cost of our project to be about -- the highest would be $232,000,000. That would be the highest, and I bring this up because they're talking about $700,000,000 and so on; that's not true. Here, these are all FDOT estimates, 198 million, so we're really right in the ballpark. Here is -- this is a very important slide because it shows what could happen here. Well, these are the costs. This is a comparative analysis. This is FDOT's project. This is our project. This section here is that part where we subtract from the 84 million for the recuperated land, but here's what happens. Look at this down here. The boulevard underpass -- OK, if, well, let me look first of the elevated alternative. If we go with the elevated alternative, there will be no development between the year 2000 and 2011. Why? Because everybody's just waiting to see what's going to happen. They're not going to build on that, and once that structure is widened, then the actual development may actually go down. With our alternative, we can purchase the land within one year, build the boulevard and within two years, and then from there on, development increases tremendously, so these were the most important points that I wanted to raise about the proposal. The issues and these are all the technical issues, the only thing is again the conflict with the FEC tracks, and we have worked out a number of alternatives to do that. Since we have time limitations here, I won't be able to get into it, but we have three alternatives by which that can be resolved, so this is the kind of thing that needs, of course, much more debate, because there are policy issues involved about what's going to happen in with I- 395, but I can tell you very clearly, I mean we've looked at the profiles. Right now there's idea of a proposed rail tunnel to the port, which once if that's accepted, then it resolves all the problems that we have. These are the scenarios. We could have an upgrade crossing for the one day, once a week train to the port; or we can have I-395 coming down further to the east and it would be a smaller boulevard, but it certainly would work without any problems as far as FDOT. You see these are the profiles that we developed, and those profiles are consistent with FDOT 47 September 11, 2002 profiles, so I think I'll stop here and just, if there's any questions or anything else, I would be glad to -- Chairman Regalado: Jorge, I think Commissioner Winton has announced that we'll have a presentation. I think it'd be good if you'd be here for -- well, not here, but on the Lyric on the 26th in order that we can interact with you and that you can make some comments on the plan because you work a lot on this plan, and we really appreciate that. Thank you very much. Mr. Espinol: Thank you. I have a CD (compact disc) if anybody wants to look at this in detail. Chairman Regalado: I think that you should provide the members of the Commission, is there any time certain that you want to have that presentation next on the 26th, Johnny? Vice Chairman Winton: Time certain will probably be good and I was thinking -- and I want to keep it to 15-20 minutes maximum. I would set some time in the morning, so we can get it on and -- Chairman Regalado: 11 o'clock in the morning, if you want? Vice Chairman Winton: Yeah, that'd be great. Chairman Regalado: Because remember we have the 5 o'clock budget hearing. Vice Chairman Winton: Oh, that's right, so 11 o'clock will be great. Chairman Regalado: OK, thank you very much, sir. On the 26th. Mr. Espinol: I brought two CDs with me. Who would be interested? Chairman Regalado: Give one to Commissioner Sanchez and Commissioner Winton. Vice Chairman Winton: Mr. Chairman, this is a message to George Burgess. He just called me on the phone, left me some information about or trim notice, and I'm doing some double checking on some information that he left, so George, I know you're watching. I'm going to call you back as soon as I get a little of additional information to see if we can make some clarification here. Chairman Regalado: But I mean, is it good or bad news that he gave? Vice Chairman Winton: Well, it could be good and we need to look at some neighborhood outside mine. I did some calculations based on what he said and we have a special security district in our neighborhood and that amount is calculated in, but the increase is still, even doing that factor, it still -- it isn't a double digit anymore, but it's still a big increase, so I want to check a couple other neighborhoods here, and then, as I said, I'll call George back as soon as I get that information, because he wants me to make a comment back on to the public, which I absolutely intend to do because we don't want we never want to put false information out so as soon as I get 48 September 11, 2002 that additional piece of information that he suggested, then I'll come back on and give you that information so that the public hears it as well. Chairman Regalado: Thank you very much. Mr. Espinol: Just one thing, I just gave one CD to Commissioner Sanchez and the other one to the City Clerk, who will then make one for each one of you, OK? Thank you very much. Chairman Regalado: Thank you very much. What time do you want to come back in the afternoon? We still have budget. We should start at 5:01. Three o'clock is at 2:30, 3 o'clock? Commissioner Sanchez: 3 is fine. 8. AUTHORIZE USE OF CITY'S SHOWMOBILE AS IN-KIND SERVICE FOR HONORABLE ENRIQUE BOLANOS' (PRESIDENT OF NICARAGUA) APPEARANCE ON SUNDAY, SEPTEMBER 22, 2002 FOR TWO EVENTS IN CITY. Chairman Regalado: If I can, before I leave, could I do two things here? One it's a matter that we have to decide within the framework of the budget, but we need to decide today and it's the sergeant at arms position for the Miami City of Commission. One year ago we did establish that position and we, I think, had a successful year. I understand that there is a need for a second sergeant at arms in the City Commission and I'm ready to hear the members of the Commission. I understand Commissioner Teele wanted to say something about that, so the other item I wanted to tell you that on September 22nd which is a Sunday, we will have in the City of Miami two presidents. We'll have a president Enrique Bolanos in two events in the City of Miami. Actually, president Bolanos will be here in Miami at the Intercontinental Hotel on Friday night, at the Tower Theater Saturday night; and the PBA on Sunday afternoon and then a reception in Coconut Grove Sunday night. Sunday night we will have also in the Freedom Tower president Vaclav Havel from Czechoslovakia, so we will have two dignitaries in the City of Miami, and of course hopefully all of the members of the City Commission would attend those events because those events will be in the City of Miami. President Bolanos will meet with the Nicaraguan community at the PBA Garden Park in the afternoon of Sunday the 22nd and for that I have a motion if you, Mr. Winton, Johnny, could you chair just for a second? I need a motion. Vice Chairman Winton: You're recognized. Chairman Regalado: It's a discussion providing the showmobile as an in-kind service for the presentation of the Honorable Enrique Bolanos, president of Nicaragua. He will be here at the PBA grounds on September 22, 2002 and they will pay for the employees and of course -- but the only thing that we are waiving is the rent of the showmobile. Commissioner Sanchez: Second. Chairman Regalado: OK, thank you very much. 49 September 11, 2002 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. 02-976 A MOTION AUTHORIZING THE USE OF THE CITY OF MIAMI'S SHOWMOBILE AS AN IN-KIND SERVICE FOR THE HONORABLE ENRIQUE BOLANOS' (PRESIDENT OF NICARAGUA) APPEARANCE ON SUNDAY, SEPTEMBER 22, 2002 FOR TWO EVENTS IN THE CITY OF MIAMI. 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 Teele: May I inquire of the Manager and the Attorney? What is the necessity of bringing items such as the showmobile? Doesn't the Manager have the inherent authority to -- I remember during the Oversight Board we agreed that all waivers would come back and forth and all be subject to the Oversight Board's review, and that was the reason we put ourselves in this, but it just seems to me that we need to -- it looks almost like we're giving something away when we're really not. This is a governmental service. Who would object to the City giving the showmobile or a stage for the president of a nation? It just seems to me that we're making a little work for ourselves, Mr. Attorney. Isn't there some ordinance we can pass or some resolution? If the Manager doesn't want to do it, obviously it's giving Commissioner right to bring it forth. Chairman Regalado: No, actually, I did place it on the blue agenda. It's not the Manager's fault, because we just told him that we were placing this on the agenda. We have worked with -- Commissioner Teele: I guess I'd just like to know does the Manager have that authority? 50 September 11, 2002 Alejandro Vilarello (City Attorney): With regard to the showmobile? That is owned by Bayfront Park and I believe that there was -- I have to look into it, but there was something associated with the request of Bayfront Park which would require Commission approval for the use -- Chairman Regalado: Yeah, because it's a bigger one, not the smaller. Mr. Vilarello: This is a big showmobile. As I recall, there was something -- Carlos Gimenez (City Manager): Yeah, but the park showmobile and all we use it all the time, and set it up here and there. I don't usually come here for that, so this must be something different. 9. DISCUSSION CONCERNING THE RESOLUTION THAT ESTABLISHED THE SERGEANT AT ARMS POSITION FOR THE MIAMI CITY COMMISSION. Chairman Regalado: The other item is the sergeant at arms, but before I leave, I'd like to say something to the members of the Commission, and the Manager. It is important that we have this position. It is important that we have the security for all the boards that this position provides. So, I am very well in favor of adding another member for the sergeant at arms position. But before we discuss that, I like to say that I am asking the City Commission -- well, actually, I am reporting that the City Commission, that it is my wish to use part of my budget to pay for the salary of Mr. Shapiro, who has been fired by the City of Miami Police Department, as guard of City Hall. Carlos Gimenez (City Manager): Mr. Chairman, Mr. Shapiro will not be terminated. That was a misunderstanding. That was a policy decision that was made by myself, to change all the security services to a private company. I was under the impression that Mr. Shapiro was a PSA (Public Service Announcement). That issue has been resolved. He will remain at City Hall on his post, as long as he wishes to stay there. Chairman Regalado: OK. Note for the Record: Chairman Regalado left the Commission meeting at 11:39 a.m. Commissioner Teele: Mr. Manager, Mr. Chairman, I want to thank you and, I guess, the Police Chief, for recognizing the oversight. I would assume that a written retraction or communication is going to be done. But I think this underscores one of the areas where this Commission has historically abrogated its responsibility, to some extent, and I think we have made -- we've come light years forward, both in the budget process -- you know, I'm really pleased that the Manager and his staff have been reaching out to give individual briefings to Commissioners, the Mayor's Office is engaged -- you know, the Commission still lacks -- you know, we're still sort of the 800 pound gorilla, because we still lack a professional staff budget person, consistent with what is normal with a legislative body. But the area of City Hall is -- you know -- and I'm not a turf fighter. But the corporate headquarters of the City belongs to the board of directors. Corporate headquarters of a corporation belong to the board of directors. I really think that there needs to 51 September 11, 2002 be a real sit-down among all three entities, the Chairman of the Commission, the Mayor, and the Manager, about the way City Hall functions. I mean, the MRC (Miami Riverside Center) is totally different, but I really do think that the Chairman should be consulted on certain matters relating to City Hall, and, again, that has nothing to do with this Chairman. It's whoever's Chairman. But the board of directors has that responsibility. And I really do think that only because of professionalism -- and I can't say that word enough, Mr. Manager -- only because of professionalism have we avoided, perhaps, an unfortunate kind of misunderstanding between the Chairman or among the Chairman and maybe others. In that regard, I think the sergeant at arms is a component of the responsibility of this body, the legislative body, which is responsible for City Hall. The way that security system there is organized needs to be coordinated through our sergeant at arms. With all due respect with whoever the Chief of Police is, with all due respect to who the Manager is, but that's the way it works. If you go to the Capitol, the sergeant at arms of the Capitol -- you know, to me, it's not about making up the rules as you go. It's about Miami being a Metro area, where people really look -- Johnny Winton, if you didn't know, there is a person who is full-time in the budget office, who watches this meeting. Vice Chairman Winton: In our Budget office? Commissioner Teele: No, in the County's Budget Office. Vice Chairman Winton: Well, apparently, somebody does, because that's the reason George Burgess called -- Commissioner Teele: I mean, you know, I've been telling you all this for two years. Mr. Attorney, haven't been saying that for two years? I know. Alejandro Vilarello (City Attorney): They watch. Commissioner Teele: I mean, we — I was there when the process was set up. We watched Key Biscayne. We monitored the Fire Department -- you know, we watched every promotion that took place in the Fire Department, because of the issue of who was going to provide service over Key Biscayne. And, you know, I say that with great compliment to George Burgess and David Morris, at that time, now George Burgess, who's a real professional. Johnny, you're never going to hear the kind of people to look you in the eye and tell you "no." When they tell you "no," it's after the fact. The fact of the matter is, they're professionals. Vice Chairman Winton: Right. Commissioner Teele: And, with all due respect to everything that I've said, since I've been here, I've always said one thing: The County is professional. They have depth. And we need to become a little bit more professional in the way we do things. We have women who serve on boards, such as the Civil Service Board, the Zoning Board. The sergeant at arms needs to ensure the responsibility and the safety for those people. Those are our appointees, OK? And I don't know who's been teaching and training the sergeant at arms, but there is a role for the sergeant at arms, and there is a -- you know, I would recommend they go start with the U.S. Capitol, and then go to the State Capitol, and then go to Miami -Dade County, because there is a clear role in 52 September 11, 2002 responsibility. There should not be one meeting that is held by a board, empowered by this Commission at night, in which the sergeant at arms is not in communication and in contact, and ensures that there are appropriate arrangements made. And I think, you know, Commissioner Gonzalez, having served on the other side, you know the frustration that people have. We have a unique responsibility to be a lot more professional, and I want to support exactly what the Chairman has requested, and make the motion that additional sergeant at arms position be added to the Table of Organization. The Police Chief has indicated they have no objections, and that, of course, would be subject to an internal procedure worked out among the Chairman, the Manager, and the Police Chief, in that regard. But I think it's just a step toward the overall professionalism. I would also say this: I was very pleased to see the sergeant at arms -- I was out of town, but I asked to see the video — being involved with the escorting of dignitaries, foreign dignitaries during the — what's that — the Music Fest. We've got to train some of our sergeant at arms how to blend in the background a little bit more. I saw more sergeant at arms in some of the movie clip, than I saw dignitaries. But the fact of the matter is — Vice Chairman Winton: He's pretty big. Commissioner Teele: Huh? Say again. Vice Chairman Winton: He's pretty big. Commissioner Teele: But the fact of the matter is, this City is really on the move, and bringing the President of Nicaragua, having the Minister of Tourism from the Bahamas, having the Dominican officials here, these are the appropriate roles, and I don't think it's right for the Chairman or for any individual Commissioner to have their staff running up and down the street trying to arrange for the appropriate protocol, the appropriate escort, and the kinds of things that the City of Miami should be famous for. So, Johnny, if you're presiding, I would like to make the motion, and -- so that the discussion can continue. Commissioner Gonzalez: Second. Vice Chairman Winton: We have a motion and a second. Do we have further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. Motion carries. 53 September 11, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-977 A MOTION OF THE MIAMI CITY COMMISSION THAT ADDITIONAL SERGEANT AT ARMS BE ADDED TO THE TABLE OF ORGANIZATION, SUBJECT TO AN INTERNAL PROCEDURE WORKED OUT AMONG THE CHAIRMAN, THE MANAGER, AND THE POLICE CHIEF. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: Chairman Tomas Regalado. Vice Chairman Winton: Get the inflection right. 10. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPT BID OF MEF CONSTRUCTION INC., FOR PROJECT ENTITLED "CITYWIDE SIDEWALK REPLACEMENT PROJECT, PHASE XXI, B-4655"; TOTAL COST $185,010. Vice Chairman Winton: So item number 6? Commissioner Teele: If anybody objects to something, we'll defer it. I move item 6, Mr. Chairman. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Vice Chairman Winton: We have a motion and a second on Item Number 6, so let's -- so is this a four-fifths vote, so, OK. We have a motion and a second on Item Number 6, requires a four - fifth vote. All in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. Motion carries. 54 September 11, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02- 978 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 BID OF MEF CONSTRUCTION INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, DATED APRIL 29,2002, FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK REPLACEMENT PROJECT, PHASE XXI, B-4655", IN THE AMOUNT OF $168,250; ALLOCATING FUNDS FROM PROJECT NO. 341182, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $168,250 FOR THE CONTRACT COSTS AND $16,760 FOR EXPENSES, FOR AN ESTIMATED TOTAL COST OF $185,010; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton. Commissioner Joe Sanchez Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr NAYS: None. ABSENT: Chairman Tomas Regalado 11. AMEND RESOLUTION NO. 02-878, RELATING TO ALLOCATION OF $1,928,400 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS AND $960,000 OF PROGRAM INCOME IN CATEGORY OF PUBLIC SERVICES, BY SPECIFYING AGENCIES PROVIDING SAID SERVICES FROM TRANSFER OF $40,000 OF PUBLIC SERVICES DISTRICT 5 PRIORITY SET-ASIDE FUNDS TO DISTRICT 2 FOR 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002. Vice Chairman Winton: Item 7, continuation of 28th year CDBG allocating for public services, District 2. Commissioner Sanchez: It's District 2. Vice Chairman Winton: It's District 2. 55 September 11, 2002 Commissioner Teele: No, this is District 5, Johnny, and I want you to understand now transferring to district 2. Vice Chairman Winton: Right, let's make that clarification real clear here. This is a transfer of $40,000 from District 5 to the public services category of District 2. We had four entities that -- Commissioner Sanchez: Let the records reflect. Vice Chairman Winton: Yeah, and we had four entities that really felt strongly that they had to have money. I didn't know any other way to do it. They each got an equal amount, that's reflected on the next page. Commissioner Gonzalez: Move item 7. Vice Chairman Winton: We have a motion. We need a second. Commissioner Teele: Second. Vice Chairman Winton: We got a motion and a second. All in favor, "aye." The Commission (Collectively): Aye. Alejandro Vilarello (City Attorney): Commissioner, this is a pubic hearing. Dan Fernandes (Acting Director, Community Development): Commissioner, this is a public hearing. Vice Chairman Winton: Oh, I'm sorry. Anyone from the public would like to comment on Item Number 7? Being none, we'll close the public hearing. We have a motion and second in support of this item. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. Motion carries. 56 September 11, 2002 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-979 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-878, ADOPTED AT THE CITY COMMISSION MEETING OF JULY 25, 2002, RELATING TO THE ALLOCATION OF $1,928,400 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS AND $960,000 OF PROGRAM INCOME IN THE CATEGORY OF PUBLIC SERVICES, BY SPECIFYING THE AGENCIES PROVIDING SAID SERVICES FROM THE TRANSFER OF $40,000 OF PUBLIC SERVICES DISTRICT 5 PRIORITY SET-ASIDE FUNDS TO DISTRICT 2 FOR THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER AGREEMENT WITH SAID AGENCIES FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 12. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE PROCUREMENT OF PHYSIO CONTROL CARDIAC LIFE SUPPORT EQUIPMENT MAINTENANCE SERVICE FROM MEDTRONIC PHYSIO -CONTROL CORPORATION, SOLE SOURCE PROVIDER FOR SAID SERVICE, FOR DEPARTMENT OF FIRE -RESCUE, $34,104. Commissioner Gonzalez: Move Number 8. Commissioner Teele: Second. Vice Chairman Winton: We have a motion and a second, requires a four-fifths vote by resolution. Motion, second, any discussion? Being none, all in favor, "aye." Motion. 57 September 11, 2002 Alejandro Vilarello (City Attorney): It was also a public hearing. Vice Chairman Winton: Well, this public hearing, so OK, we have a public hearing. We need to open this item for the public. Anyone from the public like to comment on Item Number 8? Being none, the public hearing is closed. We have a motion and a second. No further discussion. All in favor, "aye." The Commission (Collectively): aye. Vice Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-980 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF PHYSIO CONTROL CARDIAC LIFE SUPPORT EQUIPMENT MAINTENANCE SERVICE FROM MEDTRONIC PHYSIO - CONTROL CORPORATION, THE SOLE SOURCE PROVIDER FOR SAID SERVICE, FOR THE DEPARTMENT OF FIRE -RESCUE, FOR AN INITIAL TERM OF THREE YEARS BEGINNING OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2005, AT A TOTAL ANNUAL AMOUNT NOT TO EXCEED $34,104, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, WITH ANNUAL MAINTENANCE INCREASES AFTER THE INITIAL THREE (3) YEAR PERIOD LIMITED TO NO MORE THAN 10 percent PER YEAR SUBJECT TO NEGOTIATIONS, PROVIDING FOR REPEALER AND SEVERABILITY CLAUSES; ALLOCATION OF FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.280601.6.270. 58 September 11, 2002 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny Winton Commissioner Angel Gonzalez. Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 13. ACCEPT PLAT ENTITLED DIAMONDS. Vice Chairman Winton: OK, this is a motion on a plat. Commissioner Teele: So moved. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Vice Chairman Winton: We got a motion and a second. This a public hearing. We'll open the public hearing. Anyone from the public like to comment on 9? Seeing no one interested on commenting, we'll close the pubic hearing. We have a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: It passes. 59 September 11, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-981 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE PLAT ENTITLED DIAMONDS, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 14. DEFER PROPOSED ALLOCATION OF $875,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME TO SUPPORT CDBG ELIGIBLE ACTIVITIES IN IMPLEMENTATION OF FEC RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT PLAN TO COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 26, 2002. Commissioner Teele: Move 9A, public hearing. Commissioner Sanchez: Second. Vice Chairman Winton: We have a motion and a second on the FEC (Florida East Coast) rail corridor. This is a public hearing. Commissioner Gonzalez: Move 9A. Vice Chairman Winton: We have a motion and a second. Anyone from the public like to comment on 9A? No one from the public wants to comment, so we'll close the public hearing. I do have a question. I can't remember who, but yesterday someone raised a question about -- this is the $875,000 that the Commission voted in support of when we passed the original master plan, and we had a series of resolutions tied to it that required funding to implement the master 60 September 11, 2002 plan, which you all voted on, and we directed the Manager to find the money to begin the implementation phase and to appoint a senior staff person who would be held accountable for working with me to go through the implementation phase, which he has done. The money here is -- is all this money CDBG (Community Development Block Grant) money? Carlos Gimenez (City Manager): Yes, sir. Vice Chairman Winton: OK, and have we checked to make sure that we can spend that money on these items? Dan Fernandes (Acting Director, Community Development): The items in question are eligible activities under CDBG. What we haven't been able to determine is whether or not it will be counted against our administration or not. What we're trying to do is we're trying to look at the overall funding that's been allocated for the project to use the CD (Community Development) monies for CDBG eligible activities with an identified funding. Vice Chairman Winton: I'm not sure I have any idea what you said. Commissioner Gonzalez: That is generated income, isn't it? Commissioner Teele: Mr. Chairman, could we defer this item, because you know I didn't see where this money is coming from and the notice requires -- it may have been in the newspaper. Mr. Fernandes: It was advertised, Commissioner, yes. Commissioner Teele: Did it show where the money was coming from? Mr. Fernandes: CDBG program income. Commissioner Gonzalez: It's program income. That's what I said. It's program income. Commissioner Teele: I don't know if I want to do that. Commissioner Gonzalez: We worked this through our office. We were able to get the attorneys on the part of the LTD to work with the City Attorney to finally close down on the deal and collect the almost $2,000,000. The guy was holding the check and we got on it and -- Vice Chairman Winton: And so we just got a big chunk of money. Commissioner Gonzalez: Yes, sir, 1.9 -- Vice Chairman Winton: So, Commissioner Teele, you were commenting. Commissioner Teele: I think that if it is program income, we're totally in violation of our 5 -year plan and our ordinance. This is where the City of Miami started out eight years ago. We have a commitment in our budget and in our five-year plan of how the program income will be spent 61 September 11, 2002 and I have no objections to deviating from that, but I think we need to be candid; we need to be clear. We need to notice people that we're doing that and we need to do an amendment of our plan, and I assume that this money is reprogrammed money, but I'm not sure that this is the best use of the program income, because program income has less strings attached to it and I'm not sure if we should be using program income, which a liberal dollar, I mean this is -- Commissioner Gonzalez: Now (UNINTELLIGIBLE) Commissioner Teele, I just want to ask a question. Can you use program income for social services? Mr. Fernandes: You can use program income along with 15 percent cap on social services, yes. We've done that through the pubic hearing process with the allocation of funding for the next year. That's how we come into that gap a little bit of the funds we're losing from the 25 percent cap. Commissioner Gonzalez: Yeah, but this money came in after we did all of the allocations. This money was not considered on the -- Mr. Fernandes: That's correct. Commissioner Gonzalez: And the reason I'm asking that, is because I believe -- I don't know if you, Commissioner Teele, were short on social service monies, and also you, Vice Chairman Winton. Commissioner Teele: See this is what I'm (INAUDIBLE). We need to be real careful here now because— Vice Chairman Winton: Well, that's partially why I raised it. Commissioner Teele: This is getting back to what the City use to do. One Commissioner won't accept it, with all due respect, Johnny, and the whole process goes upside down, as opposed to thinking this thing through very carefully. We all want to do what we want to do, and we all are going to get the same $800,000, but I'm telling you -- Vice Chairman Winton: It's a reason -- Commissioner Teele: Getting program income off the top -- Vice Chairman Winton: It's the reason I raised the question, because I want to make sure we're doing this thing -- Commissioner Teele: And it's something that -- I mean, I'd rather get back my $48,000 that I just loaned to you if that is going to affect -- Vice Chairman Winton: But that doesn't get you the $875,000. 62 September 11, 2002 Commissioner Teele: No, no, but what I'm telling you is there's a lot of ways to get there, but we got a lot of problems to solve. The 800,000 is not the only problem. I mean I got a problem with public service. You've got a bigger problem with public service. Vice Chairman Winton: My problem is huge, public service. Wait until next year. Commissioner Teele: And the fact of the matter is taking the general allocation of dollars from the $12,000,000 that we get, and using those funds for the $800,000 is an eligible activity. That was the answer to his question. Yes, of course, it's eligible as program income, but program income is the last thing you give up for an eligible activity, and so I just think I'd like to really take a look -- I mean, I don't want to argue or debate it. I just would really like to take a look at it, but I think the Manager needs to be put on notice that what we don't need now is the old you know how you carry favors with the Mayor and Commission or you just start grabbing money and you don't read what your five-year plan is, what our obligating is. We have specific projects, one of which is the homeownership zone, Commissioner Sanchez, which yours is the next one, that we said that program income is going to be going towards the beginning of that. Vice Chairman Winton: Well, you know Commissioner Teele, it seems to me and I think you're 100 percent right, it seems to me what we ought to do is bring this issue back to the next meeting and have the Manager and his staff relook at and reanalyze and come back to us again with whatever his recommendation is and whatever the rational for that is, and because we're not in emergency here so -- Commissioner Sanchez: Second. Mr. Gimenez: We'll take that into consideration what you said and what the board members have said, and I'll come back with a different recommendation and -- Commissioner Gonzalez: So move to defer. Commissioner Sanchez: Second. Commissioner Teele: Mr. Manager, I would respectfully ask you to familiarize yourself with how we got ourselves out of the hot water with the federal government when they were ready to shut us down. We made a five-year plan, I don't remember, I think it was called a strategic plan, in which all of these homeownership zones -- remember we identified 7 or 9 homeownership zones. We identified certain priorities. We said that the program income would be used against those priorities. You follow what I'm saying? We made several commitments. This is not like case of first impressions. That's number one. Number two is the position that Commissioner Gonzalez makes and if the Chairman were here, he'd be apoplectic by now. This guy needs public service dollars worse than anybody I've ever seen, with all due respect to our Chairman, but I don't think it's fair to the Commission as in institution to take the program income and not give recognition of certain public service dollars and the various programs and I would specifically ask that if there is any money be available, that the $40,000 that we are making available for District 2 be immediately restored to District 5, so that we can continue to move forward with this process. Call a question on the motion. 63 September 11, 2002 Mr. Gimenez: Yes, sir. Vice Chairman Winton: We have a motion and a second to defer the item to the next meeting. 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 Commissioner Gonzalez, who moved for its adoption: MOTION NO. 02-982 A MOTION TO DEFER PROPOSED ALLOCATION OF $875,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME TO SUPPORT CDBG ELIGIBLE ACTIVITIES IN IMPLEMENTATION OF FEC RAILWAY CORRIDOR STRATEGIC REDEVELOPMENT PLAN TO COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 26, 2002. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 15. FIRST READING ORDINANCE: AMEND SECTIONS 42-110 AND 42-119 OF CITY CODE ENTITLED "POLICE, TOWING AND IMMOBILIZATION OF MOTOR VEHICLES, TOWING," BY AMENDING DIVISION 2 TO CLEARLY REFLECT ITS APPLICATION TO NONCONSENSUAL TOWING OF VEHICLES FROM PRIVATE PROPERTY AND BY ADDING DIVISION 4, POLICE TOWS, SETTING MAXIMUM TOW RATES ALLOWED BY CITY FOR POLICE DISPATCHED TOWING AND WRECKER SERVICE FOR PRIVATE VEHICLES AND SETTING AN $25 ADMINISTRATIVE FEE. Commissioner Teele: Was 10 deferred? Alejandro Vilarello (City Attorney): No. It's carried on your agenda as an emergency ordinance. It was not prepared as an emergency ordinance, and I would recommend against it being considered as such. 64 September 11, 2002 Commissioner Teele: I would move Item 10 as a non -emergency item. Commissioner Gonzalez: Second. Commissioner Sanchez: Second. Vice Chairman Winton: We have a motion and a second on Item 10. Is this a public hearing? Commissioner Sanchez: As amended. Mr. Vilarello: First reading of an ordinance. Vice Chairman Winton: So, first reading of an ordinance is a public hearing. Mr. Vilarello: No. Vice Chairman Winton: No? The second reading is? Mr. Vilarello: Yes. Vice Chairman Winton: OK. Thank you. Read the ordinance. Madam City Clerk, call the roll, please. An Ordinance entitled — AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 42, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE, TOWING AND IMMOBILIZATION OF MOTOR VEHICLES, TOWING," BY AMENDING DIVISION 2 TO CLEARLY REFLECT ITS APPLICATION TO THE NONCONSENSUAL TOWING OF VEHICLES FROM PRIVATE PROPERTY AND BY ADDING DIVISION 4, POLICE TOWS, SETTING THE MAXIMUM TOW RATES ALLOWED BY THE CITY FOR POLICE DISPATCHED TOWING AND WRECKER SERVICE FOR PRIVATE VEHICLES AND SETTING AN ADMINISTRATIVE FEE IN THE AMOUNT OF $25 AND TO RATIFY AND CONFIRM ANY ADMINISTRATIVE CHARGES INCLUDED IN THE MAXIMUM TOWING FEES INCLUDED IN ANY CONTRACT OR AGREEMENT IN EFFECT IN THE CITY OF MIAMI; FURTHER DECLARING THE ADMINISTRATIVE FEE TO BE LEGAL AND VALID AND TO RATIFY, VALIDATE AND CONFIRM IN ALL RESPECTS THE ADMINISTRATIVE FEES IMPOSED PRIOR TO THE ADOPTION OF THIS ORDINANCE; MORE PARTICULARLY BY AMENDING SECTIONS 42-110 AND 42-119 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 65 September 11, 2002 was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado The ordinance was read by title into the public record by the City Attorney. 16. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12128, ANNUAL APPROPRIATIONS ORDINANCE, TO MAKE APPROPRIATIONS FOR HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, $127,000,000 FOR VARIOUS CAPITAL IMPROVEMENT PURPOSES; REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002. Vice Chairman Winton: Item 11 is an emergency ordinance on appropriations for the homeland defense bonds. Commissioner Gonzalez: Move item 11. Commissioner Sanchez: Second. Vice Chairman Winton: We have a motion and a second. This an ordinance, so -- Commissioner Teele: Is the budget director here? Carlos Gimenez (City Manager): Yes, sir. Commissioner Teele: May I inquire on this item? We gave you the authority to loan up or to advance up to $28,000,000. Is that correct, against this number? Mr. Gimenez: Twenty-five. Marcelo Penha (Acting Director, Management and Budget): The resolution was for 30 so -- Commissioner Teele: $30,000,000 how much money have we advanced? Mr. Penha: We advanced all 30 of it. All 30,000,000 there was an ordinance brought in the July meeting to advance an additional 27,000,000 and the City had already advanced the difference of that. 66 September 11, 2002 Commissioner Teele: So we've got $30,000,000 in projects that have already been advanced or 20 something million in projects that have been advanced. Mr. Penha: That's correct. Commissioner Teele: That are ongoing. Mr. Penha: Monies we're appropriating now. Commissioner Teele: No, I'm not talking about appropriated. How much money have we actually outlaid as an advance? Mr. Penha: The advance was 30,000,000. Commissioner Teele: How much have we outlaid? Spent? Mr. Gimenez: How much have we actually spent is what he's asking. Mr. Penha: We don't have the exact number in front of us, but it will be very literal of that easily less than half a million. Vice Chairman Winton: Well why don't you all during the lunch break see if you can get a better handle on the number and report back to the Commission after the lunch break, please. Commissioner Teele: Mr. Manager. Mr. Gimenez: Yes, sir. There is -- there are dollars that have been spent. Several million dollars have been spend on the Orange Bowl already as a project. Vice Chairman Winton: Well, but I think I'd rather not -- there's no sense in guessing right now. Let them do the calculations and come back to us right after lunch. Mr. Gimenez: OK, but I think what he's saying is it may not have already advanced. We may have used some other funds and it's going to come back, but I know that there's several million dollars worth of work at the Orange Bowl. That's just one example of money that we're using from a bond to do that kind of work. It may not have been paid, so I mean, what work has been done and what has been paid those are two separate questions. This ordinance is needed in order to go ahead make the appropriations for the first tranche, the $127,000,000 so we can move forward. I'd also at this time, if you desire, I'd like to introduce the new director of the capital improvement project team, Ms. Janet Palacino. She can tell us a little bit about herself and also she can tell us exactly what she's been working on the last week and a half. Vice Chairman Winton: Well, is that what you're getting at, Commissioner Teele? I mean, I don't want to double do this thing, so -- 67 September 11, 2002 Commissioner Teele: Well I think it's appropriate. The item before us is 128,000,000. We've heard over the last year I think both from Frank Rollason and Ms. Haskins and other about the overall concern, which I continue to say I don't have that concern. I guess that's why the Manager read my mind and ducked the bullet or at least thrown a bigger target up now for the bullet in presenting, because we really do have a problem, and we've got a problem and the problem is us. We've got projects that are ready to go. I've got an account right now that's been overdrawn for Margaret Pace Park. Mr. Budget Director, you need to hear me on this, because this is like, you know, with everybody doing their emails and talking, I want you to hear what I'm going to say. I've got a project now that we've done a favor for the City, which I can assure you that's the last favor I'm going to be involved in from the CRA (Community Redevelopment Agency), of taking a city project, advancing it. We can't get the contractor paid even though we directed him to expedite, even though we told him we're going to keep current with his payments. The account is overdrawn even though we authorized a loan against the account. When the vendor submitted a $400,000 payment, we were told well because the money hadn't been appropriated, we can't do it. We said, "But we authorized a loan against that account." Well, there's no money left to be loaned, so I say, I don't care, overdraw the account on paper, if necessary, work it through, so right now in our budget account we got like $150,000 overdraw which makes no sense, but I'd be damned if I do, and damned if I don't. I wound up having to spend the next two weeks arguing with Joe Sanchez on why we didn't meet the schedule on making the payments, so now we owe the contractor more money. This thing, madam director, I'm telling you if you don't hire a budget person, you're going to fail. There's an engineering side and a construction side and a planning, if you don't get a budget person because this place is dysfunctional when it comes to the budget. It took the CRA over seven months to get a budget loaded from last year. Whether the CRA is at fault or the City is at fault, somebody ought to come down and say we're going to provide technical assistance, and it was only because of you, Mr. Manager, you said, I don't want to hear it, get it done. That's the only time it happened, once you said that, and if we begin this capital program like this, where you got a huge project, a beautiful project that's under construction, that's a big project in a neighborhood, that's going to make really good projects for everybody, if we're having this kind of problem just getting the money transferred, you know, this is a good time to meet our new director. Mr. Gimenez: Commissioner, and it's because of those problems that we are reorganizing that entire structure and that operation and I've known Ms. Palacino now, we met during interviews. She was gracious enough to accept the offer even though she knew that I was going to be retiring and leaving the City. She has a tremendous reputation from the City of Hollywood in Broward County where she did exactly the same thing. She took a disjointed CIP (Capital Improvements Program) process and put it together into a team that just focused on capital improvements and she understands the challenge ahead and I think she's going to be up to the task and I'd just like for you to meet her and for also for her to give you a report on what she's been doing and where she sees us going in the future. Janet Palacino: Good morning, members of the Commission or good afternoon. It actually is a pleasure to be here and I am looking forward to the challenge and I am looking towards making a functional organization looking at the budget issues, looking at the overall personnel issues and taking whatever steps necessary to implement your design and construction program, not only of your bond program, but of your existing capital projects, there's quite a number of them in 68 September 11, 2002 looking at the budget book. Despite the fact that I've been on board only for a short period of time, we are making progress towards establishing a functional origination and a process that's going to enable the City to move forward on both the design and construction of capital projects. It's apparent that staff will need to be supplemented with both consultant firms in terms of planners, architects, engineers, budget folks to make a cohesive team in order to make this successful and we're looking towards that end. We're also looking at the possibility of streamlining the process by having the Commission extend some authority to both staff and or the City Manager as it relates to the authorization of funding limits for consultants as well as contractors. We're investigating legislation that's passed in other government agencies that's been successful to streamline the process and we plan on bringing similar legislation for the Commission in the future and it's a pleasure to be here. I am looking forward to the challenge. I know it's a big challenge. I know there's a lot of issues. Not just budgetary, not just implementation, but -- and we'll get a handle on all of it and move forward. Vice Chairman Winton: Commissioner Teele, do you have anything else on this issue? Commissioner Teele: Yes, Mr. Chairman. I had the opportunity to review Ms. Palacino's resume and to talk to a number of people in Broward County after you had been hired and I am really pleased that the Manager was able to identify you and you all were able to come to terms and I want to pledge to you personally the support of this Commissioner for any reasonable request that you make. The request that you're talking about, about greater lines of authority, greater range of authority for this program is not only something that I would support, I would enthusiastically champion. I want to say to the Manager and to the public works professionals that throughout the country, one of the areas where we lag in diversity more than any area is in the area in engineering and public works and we've -- this City has had lawsuits. It's had a problem. We still are nowhere near we want to be, but I can assure you, this is not an affirmative action appointment. This is an appointment of a professional that happens to be and so it's really a "three for" as far as I'm concerned in terms of that. The third issue is that you're former military, notwithstanding the fact that you're a Navy. I can overlook that, but the fact of the matter is you have done a tremendous job in Broward. Now the question is will you take some advice? Now, your colleague, Mr. Rollason, Frank, where are you? And I'm going to put this on the record. I gave Frank Rollason one bit of advice, which he refused to follow, and Frank, if I misstating it, correct me. I said, Frank, the key to this capital program -- this a year and a half ago, is for you to get charge a budget analyst in all of your departments, Parks, Public Works et cetera, and to really work with the Budget Director who at that time was Ms. Haskins, and for you all to jointly identify these people and go out and hire new people if necessary, but this City has a culture in which our capital program annually is over the last five or seven years, what's a fair number, Frank? Of our capital reoccurring program? Frank Rollason (Assistant City Manager): Probably something like $45-$50,0000,000. Commissioner Teele: Annually? Mr. Rollason: Yes, sir. Commissioner Teele: We expend $45,000,000 annually? 69 September 11, 2002 Mr. Rollason: Well, we have this past year, with the past projects -- Commissioner Teele: No, I'm talking about not this past year. Before this past year, it was like $8,000,000 the previous year, as I recall. Mr. Rollason: Right $8-10,000,000, counting general fund and the bonds and -- Commissioner Teele: No, but $8,000,000 is a real number. We've gone from $8,000,000 to a $200,000,000. I mean that's like -- that's nobody's fault. That's just a good thing, but we've got to be able to respond to it. Ma'am, if you don't get a budget analyst that can work cooperatively with the budget director and interface with the finance and all other processes -- in other words it's not enough for you to be here. We've got to make sure that you have all of the support and support staff that you feel that you need to succeed and if you do it right, it can be a part of our capital bond team, and so the only advice I'm going to give you, is get enough people, not just on the engineering and the planning side and the planning process -- is a whole other story, you'll find out about that; but the budget is what's really killing the projects. It stops them. It slows them down. The frustration that you just heard me talk about, it's a real project. I want you to look at that and go through it for us because it's your project, and tell us where we went wrong, where the City, the CRA, whoever, but we've got to start doing after action reports, something you know a lot about, and figuring out, not the blame, but to figure out how to put a fix. This City has a real problem with the capital program, and I think it has more to do with the way the budget and the finance and the planning process work than the actual capital side, the Parks Department or the Public Works Department, but it's all one program, and I just want you to know that I'm excited about you being here, but I'm just as excited about publicly committing to you that I will support any reasonable request that you all make and especially to get sufficient soft staff, that is the finance people, the smart, horned -rimmed -eye people, you know that understand the numbers in green eye shades as much as it is the architect and engineers. Ms. Palacino: Thank you, Commissioner, I appreciate the support. I appreciate the advice, and I look forward to moving forward. Commissioner Sanchez: Ms. Palacino, welcome to the City of Miami. Ms. Palacino: Thank you. Commissioner Sanchez: You're coming in the City of Miami I think at a great time where we really been blessed by the voters to allow us to bond out and bring in a large amount of money for capital improvements. I do have some concerns that were brought out exactly what Commissioner Teele said that we're going from a 8,000,000 capital improvement project to more than $200,000,000 projects that we're going to be doing out there. The taxpayers also expect to see projects going out as quickly as possible but also they're sitting back and making sure these projects are going to be done well, so you're being put in a situation now where you basically taking the leadership on that. All of the Commissioners up here have projects that are going to be going out along with the City Manager, who has put out a lot of these projects. My concern is once again the City having the resources in other way. We know that public works, which has 70 September 11, 2002 done a good job in the past, however they're overwhelmed with all the projects that are going to be coming, they're going to be outsourcing. What is your plan to make sure that we do have -- the projects come in line and are being done, because let me just state that my biggest frustration as a Commissioner once again, I don't know if you were here earlier where I stated most of the projects that I have pushed for my district till this day are just about to start, but it's taking me four years to get them done, and it's very frustrating to have to constantly have to sit down with staff and it's like breaking down walls to get your projects done. What are you going to bring to the table to try to expedite and try to get these projects done as quickly as possible? Of course, on a priority list of projects that the City and plus the policy makers here feel that are best for the city. Ms. Palacino: Well, first of all, Commissioner Sanchez, what I'd like to tell you is that I was involved in my past in a very large capital program. It was $1.2 billion over a period of five to seven years. It was very successful. I know what it takes to implement a program of that magnitude within a relatively short period of time, five to seven years for $1.2 billion. There's a process that takes place. We need to make sure that we have the personnel and the organizational structure in order to do that. Right now we're looking at the capabilities of personnel. I've met with staff. I've been here for a little over a week. I met with staff. I'm trying to determine those capabilities. We plan on supplementing personnel with outside consultants, as I have just mentioned, in terms of planners, architects, engineers, general contractors in order to make a cohesive team. We do need budget personnel. We need to take a look at the entire picture: budget, design, construction and a process for doing that, and there are other methods of procurement that can make construction successful. I know the City of Miami has been going through a hard bid system in the past. There are alternatives to make things successful and streamline things in order for projects to move forward a little quicker. Those are design building construction management at risk. I plan on implementing those, so it's a matter of personnel, organizational structure, supplementing that with outside consultants and giving staff and the City Manager authority to move forward and streamline things so you're not caught up in this quagmire where your not moving. Those are a few of the things that I am looking at and they're all necessary to make a cohesive program. Mr. Gimenez: An additional thing, Commissioner, I've asked Ms. Palacino. We're compiling all the information on all the projects that have been identified. There are some, there's allocation of money here the thing that are kind of nebulous, like gateways and quality of life. Those projects need to be -- you have to get to each Commissioner and have a planning process to say, OK, this is what I want to do with that money, but I've asked her to put together a report that should be coming to you on an every two-week basis, that gives you a status report on where every single project is, so that you're no longer in the dark about what it is, and what's going on with this, and what's going on with that, so we communicate a lot better with the Commissioners on the status of those projects, and also asked her -- I know whatever she gives you in terms of we expect this to be done by this time, that it'll be done by that time, and if something unforeseen happens, that you're going to get the information. That says, "something unforeseen happened and now it's over here," but at least you're not going to be kept in the dark anymore about what's happening with 8th Street, what's happened to my linear park that I want to do on -- 71 September 11, 2002 Commissioner Sanchez: Well, that's -- I'm glad, Mr. City Manager, that you're aware of that. That is the most frustrating thing for me because I'm the one that has to go out there and attend meetings in the community and they inquire about a project that you've been working very hard for four years and you tell them well I've been advised it's going to be completed in November and come November it's not done. Those are the things that I cannot accept and I will not tolerate anymore. I admire your professionalism, Ms. Palacino, I look forward to working with you, anything I can do to help you out. Vice Chairman Winton: Do we have any more conversation on this issue? OK, it's an ordinance. Is this a public hearing, City Attorney? Mr. Vilarello: This is an emergency ordinance. Vice Chairman Winton: Emergency ordinance, so it's not required, so will you please read the ordinance. Commissioner Gonzalez: An emergency ordinance to spend the $127,000,000? Mr. Gimenez: This appropriates the money, this is the $127,000,000 that you have already allocated and said how it is you want it spend on what projects. This appropriates the money to those particular items. It allows us to begin the process. Vice Chairman Winton: OK, we have a motion and a second, so please read the ordinance. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE, TO MAKE APPROPRIATIONS FOR THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS IN THE AMOUNT OF $127,000,000 FOR VARIOUS CAPITAL IMPROVEMENT PURPOSES; REVISING CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKING APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 72 September 11, 2002 was introduced by Commissioner Gonzalez and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Chairman Tomas Regalado Whereupon the Commission on motion of Commissioner Gonzalez and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12273. The ordinance was read, by title, into the public record by the City Attorney. 17. GRANT CAMILLE AND SULETTE MERILUS FOUNDATION FOR HAITI EXTENSION OF RENT WAIVER AT ARTIME CENTER. Vice Chairman Winton: We have a personal appearance -- what item is that? Is that 5? Commissioner Teele: Camille? Vice Chairman Winton: Camille, we were -- Priscilla A. Thompson (City Clerk): Item Number 3. Vice Chairman Winton: -- prepared to hear you this morning, but -- Item 3 is what it is? Camille Merilus: Yes. Good afternoon, Commissioners. 73 September 11, 2002 Vice Chairman Winton: Camille we -- this is -- we're half an hour into the lunch break, so I hope you can make this as succinct as possible. Mr. Merilus: Yes, I'm going to do that. My name is Camille Merilus. I'm the founder, along with my wife, and Executive Director of Camille and Sulette Merilus Foundation, and we are at 970 Southwest 1st Street. You -- now you're coming to our area, so we are here to -- as you know, all know, we've been serving this community for the last 12 years, and we would very much like you to extend the permit of our rent to January 1, 2003, because we failed to participate through the funding process, and our program, as you know, I've been serving the community quite well, and we even have a kids brigade, because of the fact that the Police Department, Chief Martinez and his police have been so nice to our organization to provide us brand new computers, things like that, so we call that kids brigade the Chief Raul Martinez' Kids Brigade, and this group of young people, ranging from six to 16 years old, I can tell you that they come to our area to make a difference, and because of your help, and I think that we will achieve our goal. We would like to extend our permit to January 1, 2003, and the second thing we'd like you to consider is the fact that we'd like you to consider the possibility of providing us an emergency funding of $20,000, because we need some money in order to make our project a reality. Vice Chairman Winton: OK, so is there a Manager recommendation in here? We have a request for a deferral -- a continued forgiveness -- this isn't even a deferral -- a forgiveness of rent on a City -owned property and a request for an additional $20,000 in operating money. Is there a City Manager recommendation? Laura Billberry: Laura Billberry, Asset Management. I was not aware of the request for $20,000, but as it relates to the waiver of rent, we are recommending against it. It does create an impact on the budget of approximately $2,500 when you take it through January 1st. The foundation has previously received a 90 -day waiver from the Commission. Vice Chairman Winton: Has received what? Ms. Billberry: A 90 -day waiver from the Commission. This would be their second request. Vice Chairman Winton: Anybody got a comment, or do you want me to -- Commissioner Teele: Well, Mr. Chairman, you know, it's hard to -- we need to have a credit policy before we start renting. Otherwise, we're going to wind up in these situations every time. I would move that the organization be afforded the opportunity to stay with a waiver through January with the termination -- that is through January 30th, but without any additional action by this Commission if they are not able to come up with the dollars, and then I just don't think -- and I think the Manager is making a good recommendation from the Manager's point of view. Mr. Manager, I don't take exception to your recommendation, but, you know, the $2,000 is not going to be the difference between the success or failure of the City of Miami, and I think they do a lot of good work, and so I -- Commissioner Gonzalez: Second the motion. 74 September 11, 2002 Vice Chairman Winton: We have a motion and a second, and Commissioner Teele, I would like to echo your -- at least part of your comments. I think it is appropriate to extend this, and I think the Manager did make the right decision, but I'm going to -- probably, had you not made this appeal, I would have been voting against this, because philosophically, I think we open the door wide open. This is one of those deals that's very much like the permit for festivals and all that jazz. You open the door and the flood gates open, and there's no rational reason not to do it for everybody else, and the next thing you know, we have everybody that has any kind of lease on City -owned property coming in. These not -for -profits all struggle. We know that. They do good work. We know that, but they struggle, and we can't be the bank, and so I feel very strongly that I simply will not support a continued extension beyond January 30th -- Is that your date, Commissioner Teele? Commissioner Teele: Yes, yes, sir. Vice Chairman Winton: -- for providing free rent, so we have a motion and a second on extending the free rent period to January 30th. Do we have any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. Commissioner Teele: Mr. Manager, I would ask that you ask the Community Development staff to work with Camille to see if there is any way that we can look at a different time for the program, and I really would like to have some type of review from maybe audit -- you know, not a full audit, but just some type of at least preliminary review of what's going on, objective review. Carlos Gimenez (City Manager): Yes, sir. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-983 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING AN EXTENSION OF A WAIVER OF USE FEES FOR THE CAMILLE AND SULETTE MERILUS FOUNDATION FOR HAITI DEVELOPMENT, INC. (THE "FOUNDATION") AT THE MANUEL ARTIME COMMUNITY CENTER, FROM MAY 13, 2002 UNTIL JANUARY 30, 2003; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO THE REVOCABLE LICENSE AGREEMENT (THE "AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FOUNDATION FOR SAID PURPOSE. 75 September 11, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Chairman Tomas Regalado Commissioner Joe Sanchez 18. SECOND READING ORDINANCE: AMEND SECTIONS 40-291 AND 40-296 OF CITY CODE ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS', RETIREMENT TRUST," TO CHANGE NUMBER OF YEARS REQUIRED FOR VESTING OF PENSION BENEFITS FOR ELECTED OFFICERS IN OFFICE AS OF OCTOBER 1, 2001 AND THEREAFTER, FROM TEN TO SEVEN YEARS. Commissioner Gonzalez: Move item 12. Commissioner Teele: Second item 12. Alejandro Vilarello (City Attorney): Item 12 is an ordinance changing the vesting period on elected officials' retirement ordinance from 10 to 7 years. Vice Chairman Winton: It's now my view is that we ought to have all the Commissioners here. I'm going to and I think that -- Commissioner Teele: I agree. Vice Chairman Winton: So, move to recess. Commissioner Teele: What time are you going to come back now? Vice Chairman Winton: 3. So moved. Commissioner Gonzalez: Second. Vice Chairman Winton: We're in recess. THEREUPON, THE CITY COMMISSION OF THE CITY OF MIAMI WENT INTO RECESS AT 12:29 PM AND RECONVENED AT 3:20 PM, WITH ALL MEMBERS OF THE COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE. 76 September 11, 2002 Chairman Regalado: This is a regular session of the City Commission. By state statute at 5:01 we will try to start the public hearings on the City of Miami budget for the year 2002-2003. Before we are going to discuss some items that we have in the agenda. Commissioner Teele will be here in a few minutes. We have -- the Commission will work to Item 11. Item 12 is a second reading ordinance. Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. Read the ordinance. Roll call. Mr. Vilarello: It's a public hearing. Vice Chairman Winton: Mr. Chairman, I'm sorry. I was still dealing with this tax thing and I have George Burgess on the line from the county. Chairman Regalado: You want to take that call, do you want to speak to him? Vice Chairman Winton: No, I'm going to call him back in a minute. On this particular issue, this is the second vote. I've spent a lot of time thinking about this very issue, and I'm not too thrilled about this idea and I will tell you what my concerns are. First of all, I don't think we know what the long-term implication if you stack elected official on top of elected official on top elected official over a 30 -year period what the real economic impact will be for the City in passing this resolution. Two, we're going to our voters this November and telling them that they really need to pay us a reasonable salary, period, and we're going to the public and asking them for that and we all believe that this year we're going to get it passed. This is an issue that also is about remuneration for elected officials, but we're doing it. It's not going to the voters, and so it makes me a bit nervous on this timing issue that we're doing this at the same time that we're telling the voters we need to be paid, and then the third part of it, that -- and it's just a philosophical thing and clearly we will all have different thoughts about it but from my personal philosophical point of view, I have trouble with the concept that we will provide public service to this community for seven or eight years, which isn't a very long period of time, and the taxpayers have to pay us some amount of money for the rest of our lives, and that doesn't seem right, and it isn't. When you're making $5,000 a year, it isn't a lot of money, but it is a principle of the thing and I know one of the things that we all felt in pushing this forward in the past it's also part of the principle part of the thing because we haven't, you cant do this on $5,000 a year, but we're going to the public and saying it needs to be changed. We have to get good pay and this just doesn't sit right, so those are really the three or four reasons why I have a great struggle with this. Commissioner Sanchez: Johnny, what this ordinance does, prior to this, an elected official needed to do ten years in the City of Miami in order to get a pension. This has been going on 'A" amount of years, whatever. Let's just say everyone who has been able to do more than ten years making $5,000 a year, and sacrificing their work and their family, at the end of the day, 77 September 11, 2002 would have something, so when you get to the age of retirement you end up getting something but all this does is that since we were able to put term limits, which is basically now eight years, two terms. Every elected official up here who makes it to seven years or passes the seven year, it qualifies for a pension, some type of pension. The seven years, whether it's eight years we get now, and some of us may not make it to eight. Some of us just may do one term and not get reelected and then not get anything; but once they get to that second term -- term limits were designed to save taxpayers money in a way, and the other thing is that basically it opens the avenue for new elected officials, people that want to serve being a leader in our community, they have a chance to come in and run. J. L. Plummer, all due respect, was here for 39 years and walked away with a pension that he deserves every penny he got. I'm not sure what it was, but the numbers weren't that high. Now the only thing that I say here is that Johnny, I don't make the money you do. If you look at our financial statements that I turn into the City Clerk, we're not going to compare. It's apples and oranges. I'm poor. You're much better off than I am. All this does is that after seven years -- Vice Chairman Winton: But you're still young. I'm old now. Commissioner Sanchez: Yeah, but all this does after seven years of being here and when the Stn year comes and you have to move on, you're making half, it boils out to probably looking at the numbers and the actuary report will say exactly, you're making half of whatever your last couple of year you're making, which in our case, will probably be able $28-$29,000, so you're walking out of here with what $16,000, $14,000 retirement. Come on, let's be fair. The raise, I'm all for it. I think that we should be paid, but let me tell you, the only way we're going to get it is if we go out and we sell it, but if you look at tradition in the past, people aren't going to be too supportive when they look at elected officials that have gone out there and have done wrong and they need to go to jail, if they're doing something wrong, but the perception of the public is that they paint us all with the same brush and I'll tell you this much. I've made significant sacrifices, and I speak for myself, and I think everybody here has made and including you, that we have made significant sacrifices both in my business, but above all in my family and I think that after serving seven years here, I should walk away with maybe having additional money to buy myself a cup of coffee and donuts everyday if I wanted to. It's peanuts, so I happen to disagree with you on this issue. Chairman Regalado: The whole -- this is done, not because of philosophical or the need to get a retirement, but it's just a change because of term limits. Now, if we have philosophical problems, we need to do away with the whole thing and that's another issue, but see we are legislating for the future. Ten years from now, none of us will be here, but there will be other people that only can be here eight years, so for them it doesn't make sense, so it's a technical thing what we're doing. Vice Chairman Winton: I said my piece. Commissioner Sanchez: Call the question. Mr. Vilarello: I did read the ordinance. Open and close the public hearing, please. 78 September 11, 2002 Chairman Regalado: Roll call. Priscilla A. Thompson (City Clerk): The ordinance passes 3/1. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS', RETIREMENT TRUST," TO CHANGE THE NUMBER OF YEARS REQUIRED FOR VESTING OF PENSION BENEFITS FOR ELECTED OFFICERS IN OFFICE AS OF OCTOBER 1, 2001 AND THEREAFTER, FROM TEN TO SEVEN YEARS; MORE PARTICULARLY BY AMENDING SECTIONS 40-291 AND 40-296 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of May 23, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, 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 Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: Vice Chairman Johnny L. Winton ABSENT: Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12274 19. SECOND READING ORDINANCE: AMEND SECTION 40-296 OF CITY CODE, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST," TO PROVIDE DEATH BENEFITS FOR ELECTED OFFICIALS AND CERTAIN BENEFITS FOR MAYOR. Chairman Regalado: 13, second reading ordinance. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Regalado: OK. This is an ordinance, Johnny, that none of us want. Read the ordinance. Roll call. 79 September 11, 2002 Priscilla A. Thompson (City Clerk): The ordinance passes on second reading 3/0. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST," TO PROVIDE DEATH BENEFITS FOR CERTAIN ELECTED OFFICIALS AND CERTAIN BENEFITS FOR THE MAYOR; MORE PARTICULARLY BY AMENDING SECTION 40-296 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of July 25, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, 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 Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12275. The ordinance was read, by title, into the public record by the City Attorney. 20. SECOND READING ORDINANCE: AMEND CHAPTER 18, ARTICLE IX/DIVISION 2 ENTITLED "FINANCIAL POLICIES" TO CLARIFY AND EXPAND FINANCIAL INTEGRITY PRINCIPLES. Chairman Regalado: OK. Item 14 is a second reading ordinance, the Financial Integrity Principles. Commissioner Gonzalez: Move. Commissioner Sanchez: Second. Chairman Regalado: It's been moved and seconded. Read the ordinance. Roll call. Priscilla A. Thompson (City Clerk): The ordinance passes on second reading 3:0. 80 September 11, 2002 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, ARTICLE IX/DIVISION 2 ENTITLED "FINANCIAL POLICIES" TO CLARIFY AND EXPAND THE FINANCIAL INTEGRITY PRINCIPLES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of July 25, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12176. The ordinance was read, by title, into the public record by the City Attorney. 21. SECOND 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. Chairman Regalado: 15, second reading, the Coconut Grove Parking Improvement Trust Fund. Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. Read the ordinance. Roll call. Priscilla A. Thompson (City Clerk): The ordinance is approved on second reading 3/0. 81 September 11, 2002 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 PLAN PROGRAM AND PROVIDING FOR A SECURITY DEPOSIT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of July 25, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, 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 Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12277. The ordinance was read, by title, into the public record by the City Attorney. Chairman Regalado: 15A. This is Commissioner Teele's ordinance, so we might as well wait for him in case he wants to make a comment on it. 22. AUTHORIZE AND DIRECT MANAGER TO PAY $1,401,989.22 TO CERTAIN INDIVIDUALS AND PARTICIPATING AGENCIES FOR PROVISION OF PROFESSIONAL SERVICES IN CONNECTION WITH ACTIVATION AND DEPLOYMENT OF URBAN SEARCH AND RESCUE (USAR) TASK FORCE, FL TF2 TO ASSIST IN RESCUE EFFORTS IN NEW YORK CITY FROM SEPTEMBER 11-26,2001 Chairman Regalado: 16. It's a resolution, Fire Rescue, the money to be paid to the firemen that went to New York. Vice Chairman Winton: But we're going to bring 15A back, right? Chairman Regalado: I'm sorry? Yeah, but since it's Commissioner Teele's ordinance, when he comes back, we ask him if he wants to do it. 82 September 11, 2002 Vice Chairman Winton: Because it's been sitting long enough. Commissioner Sanchez: Mr. Chairman, on 16, payment of the cost of USR Team deployment it states here fiscal impact, none, 100 percent reimbursement by FEMA (Federal Emergency Management Agency). Is that correct? So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-984 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PAY FUNDS IN THE AMOUNT OF $1,401,989.22 TO CERTAIN INDIVIDUALS AND PARTICIPATING AGENCIES, AS HEREIN SPECIFIED FOR THE PROVISION OF PROFESSIONAL SERVICES IN CONNECTION WITH THE ACTIVATION AND DEPLOYMENT OF THE URBAN SEARCH AND RESCUE ("USAID") TASK FORCE, FL TF2 (THE "TASK FORCE") TO ASSIST IN THE RESCUE EFFORTS IN NEW YORK CITY FROM SEPTEMBER 11-26, 2001, ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 11095.000000.2224 FOR DISBURSEMENT BY THE CITY TO SAID INDIVIDUALS AND PARTICIPATING AGENCIES, SUCH FUNDS HAVING BEEN PREVIOUSLY REIMBURSED AT 100 percent TO THE CITY BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") 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 Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 83 September 11, 2002 23. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AUTHORIZE MANAGER TO SOLICIT INFORMAL BIDS FOR PURCHASE AND INSTALLATION OF VARIOUS TUBE RAILINGS FOR GIBSON PARK POOL, WILLIAMS PARK POOL AND JOSE MARTI PARK POOL, AND AWARD CONTRACT TO PROFESSIONAL WELDING, INC. $16,940. Chairman Regalado: 17. Vice Chairman Winton: So move. Chairman Regalado: Is Parks and Recreation, we have a motion. Commissioner Sanchez: Second. Chairman Regalado: And a second. All in favor, say "aye." The Commission (Collectively): Aye. Alejandro Vilarello (City Attorney): It's a public hearing. It requires a four-fifths vote. Chairman Regalado: OK, this is a public hearing. Maybe the Parks Director wants to explain and by the way, it's been many parents are asking, Albert, that we try to keep the pool in Shenandoah -- I know about Shenandoah -- west end open for more time than we do. Albert Ruder (Director, Parks and Recreation): Albert Ruder, Parks Director. We only have budgeted funds to keep it open for the summer and then we close them all except the two, one in the south and one in the north, which is Marti and Hadley. Chairman Regalado: OK. Anybody from the public on this issue? Being none, we close the public hearing. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 84 September 11, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02- 985 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 BIDS, AUTHORIZING THE CITY MANAGER TO SOLICIT INFORMAL BIDS FOR THE PURCHASE AND INSTALLATION OF VARIOUS TUBE RAILINGS FOR THE GIBSON PARK POOL, WILLIAMS PARK POOL AND JOSE MARTI PARK POOL, AND AWARD A CONTRACT TO THE LOWEST RESPONSIVE BIDDER, PROFESSIONAL WELDING, INC. IN THE TOTAL AMOUNT OF $16,940 AS FOLLOWS: $4,400 FOR THE GIBSON PARK POOL WITH FUNDS FROM CIP PROJECT NO. 331341.589305.6.860, AND A CONTRACT IN THE AMOUNT OF $6,240, FOR THE WILLIAMS PARK POOL WITH FUNDS FROM CIP PROJECT NO. 331351.589305.6.860 AND CONTRACT IN THE AMOUNT OF $6,300 FOR JOSE MARTI POOL WITH FUNDS FROM THE PARKS AND RECREATION DEPARTMENT'S GENERAL BUDGET ACCOUNT NO. 000100.580302.6.340. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 24. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND AUTHORIZE MANAGER TO SOLICIT INFORMAL BIDS FOR PURCHASE AND INSTALLATION OF NEW STEEL PICKET FENCE AND THREE GATES AT BRYAN PARK AND AWARD CONTRACT TO PROFESSIONAL WELDING, INC., $34,700, WITH FUNDS AVAILABLE FROM CAPITAL IMPROVEMENT PROJECT. Chairman Regalado: 18. Vice Chairman Winton: So moved. Chairman Regalado: Needs a four -fifth vote. 85 September 11, 2002 Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. Commissioner Sanchez: Wait, hold on. OK. I just couldn't find it. I'm OK with it. Vice Chairman Winton: Ratifying an expense. Chairman Regalado: This is done already. Commissioner Sanchez: It's ratifying the City Manager's -- Albert Ruder (Director, Parks and Recreation): It's ratifying the Manager's emergency -- Vice Chairman Winton: Still, so moved. Commissioner Sanchez: 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 Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02 986 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 BIDS, AND AUTHORIZING THE CITY MANAGER TO SOLICIT INFORMAL BIDS FOR THE PURCHASE AND INSTALLATION OF A NEW STEEL PICKET FENCE AND THREE (3) GATES AT BRYAN PARK AND AWARD THE CONTRACT TO THE LOWEST RESPONSIVE BIDDER, PROFESSIONAL WELDING, INC., IN THE AMOUNT OF $34,700, WITH FUNDS AVAILABLE FROM CAPITAL IMPROVEMENT PROJECT NO. 331369. 86 September 11, 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 Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 25. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVE EMERGENCY PURCHASE OF HEIMANN HI -SCAN 6040I MEDIUM TUNNEL HIGH PERFORMANCE CONVEYOR SCANNER WITH .5M ENTRY AND EXIT TABLES FROM HEIMANN SYSTEMS, $33,674; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM. Chairman Regalado: 19, Department of Police. It's confirming the City Manager's emergency. It needs a four -fifth vote. Vice Chairman Winton: So moved, but I have a question. Commissioner Gonzalez: Second for discussion. Vice Chairman Winton: How old is this -- how old was the line scan system 10 machine? Raul Martinez (Chief of Police): Raul Martinez, Chief of Police. The one we're replacing is over 15 years old; they don't make parts for that anymore. Vice Chairman Winton: OK. It would be nice if that was in here. That was part of the point I keep getting at. It makes it a lot easier for me just to stand up and say, "Oh, 15 years old, Jesus, and it cost -- 15 years ago it cost $15,000 and we're spending $6,000 a year on parts." I mean, it makes it simple. Thank you. But I didn't reject it. Commissioner Sanchez: Call the question. Chairman Regalado: You want to say something, Commissioner Gonzalez? Commissioner Sanchez: No we're -- call the question. Chairman Regalado: OK. All in favor, say "aye." The Commission (Collectively): Aye. 87 September 11, 2002 Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-987 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 BIDS, AND APPROVING THE EMERGENCY PURCHASE OF A HEIMANN HI -SCAN 6040I MEDIUM TUNNEL HIGH PERFORMANCE CONVEYOR SCANNER WITH A .5M ENTRY AND EXIT TABLES, TO INCLUDE SECOND YEAR EXTENDED MAINTENANCE CONTRACT, DELIVERY, INSTALLATION AND TRAINING, FROM HEIMANN SYSTEMS, (NON-MINORITY/NON-LOCAL VENDOR, 141 CHASTAIN MANOR DRIVE, NORCROSS, GEORGIA) IN AN AMOUNT NOT TO EXCEED $33,674; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 312018.299401.6.850. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 26. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVE EMERGENCY PURCHASE TO REPLACE ELEVATOR CYLINDER IN PARKING GARAGE ELEVATOR LOCATED AT POLICE HEADQUARTERS BUILDING, FROM EDFM CORPORATION, $35,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM. Chairman Regalado: 20. Vice Chairman Winton: So moved. Chairman Regalado: It needs a four -fifth, too. 88 September 11, 2002 Commissioner Gonzalez: Second for discussion. Chairman Regalado: OK. Commissioner Gonzalez? Commissioner Gonzalez: Yes, some months ago, we had an item that had to do with certain amount of monies, and I can't remember exactly what the amount of money was, but it was a large sum of money and when I questioned the expenditure, I was told that the reason of this big expenditure was because it had to do with the elevators and the cylinders had to be changed and so on and so on and so on, and now I'm reading again cylinders on the elevators. Are these different elevators, at the same elevators? What? Raul Martinez (Chief of Police): Commissioner, Raul Martinez, Chief of Police. The one that was approved a few months ago by this Commission was the replacement of all of the elevators. It did not include the cylinder for this elevator at all, on the scope of the work. When they were changing the elevator, I believe it's the elevator for the parking lot. They discovered that the cylinder was cracked and that they couldn't do the rest of the work until they replace that one cylinder, but the scope of work to replace the five elevators and those five elevators have been there since we opened the police station back in 1976, so it's the first time replacing those things since we opened the police station. The cylinder again, I know nothing about elevators I'm just repeating what I've been told. It was not part of the scope of work, but when they were doing the work that they were suppose to, to get it up to code and replace the elevator, they found the crack in the cylinder that therefore had to be replaced. Commissioner Gonzalez: All right. OK, Mr. Chairman. Chairman Regalado: OK. 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- 988 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 BIDS, AND APPROVING THE EMERGENCY PURCHASE TO REPLACE THE ELEVATOR CYLINDER IN THE PARKING GARAGE ELEVATOR LOCATED AT THE POLICE HEADQUARTERS BUILDING, FROM EDFM CORPORATION, (HISPANIC/LOCAL VENDOR, 1022 N.W. 54' STREET, MIAMI, FLORIDA) IN AN AMOUNT NOT TO EXCEED $35,000; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 312025.299301.6.830. 89 September 11, 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 Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 27. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVE EMERGENCY PURCHASE ORDER TO PROCURE PERIODIC MAINTENANCE AND REPAIRS TO DICTAPHONE RECORDING SYSTEM IN E-911 CALL CENTER FROM DICTAPHONE CORPORATION, $31,840; ALLOCATE FUNDS FROM E-911 OPERATING BUDGET. Chairman Regalado: OK. Item 21, I guess is Police Department, too. It needs a four -fifth vote. It's the recording system of E-911. Commissioner Sanchez: So moved, Mr. Chairman. Chairman Regalado: OK, we have a motion. Do we have a second? Commissioner Gonzalez: Yes, I'll second. Chairman Regalado: OK. Motion and a second, needs a four -fifth. All in favor, say "aye." The Commission (Collectively): Aye. 90 September 11, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-989 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 BIDS, AND APPROVING THE EMERGENCY PURCHASE ORDER TO PROCURE PERIODIC MAINTENANCE AND REPAIRS TO THE DICTAPHONE RECORDING SYSTEM IN THE E-911 CALL CENTER FROM DICTAPHONE CORPORATION, IN AN AMOUNT NOT TO EXCEED $31,840; ALLOCATING FUNDS THEREFOR FROM THE E-911 OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.610. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 28. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY PURSUANT TO RESOLUTION NO. 01-591; DIRECTING MANAGER TO TAKE ALL STEPS NECESSARY FOR EXPEDITIOUS ACQUISITION OF EQUIPMENT AND CONTAINERS REQUIRED FOR IMPLEMENTATION OF FIRST PHASE OF DEPARTMENT OF SOLID WASTE'S RESIDENTIAL AUTOMATED GARBAGE AND TRASH COLLECTION SYSTEM; AUTHORIZE MANAGER TO WAIVE FORMAL COMPETITIVE BIDDING PROCEDURES AND ACCEPT MOST REASONABLE, RESPONSIVE AND RESPONSIBLE BID (S), UTILIZING VARIOUS ESTABLISHED MUNICIPAL CONTRACTS, PROCURE EQUIPMENT AND CONTAINERS; ALLOCATE FUNDS, $3,900,000 FROM CAPITAL IMPROVEMENT PROJECTS. Chairman Regalado: 22. Department of Solid Waste. Frank Rollason (Assistant City Manager): That's the cost on the first phase of the automated system, coming back. It was done as an emergency, and this is to ratify that emergency. We're now working on the second phase, which we're looking to have in operation by March. Commissioner Gonzalez: Move 22. 91 September 11, 2002 Commissioner Sanchez: Second for the purpose of discussion. Chairman Regalado: Commissioner Sanchez, we have a motion and a second. Commissioner Sanchez has the floor. Commissioner Sanchez: On the second phase what -- the second phase will complete the entire city? Mr. Rollason: That's correct we've accelerated -- Commissioner Sanchez: That's fine, when would we anticipate having this project completed where every resident in the City of Miami will have the container? Mr. Patterson? Clarence Patterson (Director of Solid Waste): We anticipate the second phase will be completed by April, I mean, May of next year. Commissioner Sanchez: Is there any specific way that this is being done, as we are completing, because what's happening is people are calling saying when is it my turn, when do I get them? Mr. Patterson: As you know, the first phase or stage throughout the entire City is we put some in every Commissioners district and of course in high rent areas as well as low-income areas. We will be doing that same, following that same pattern as we start to implement the second phase of the program. The collection system is divided in half. One half of the City is on a Monday/Thursday. The other half of the City is on a Tuesday/Friday, so when we implement it, we have to put in a route in a Monday/Thursday and a route on a Tuesday/Friday so we will be following the same pattern that we did on the first phase, so it'll be north and south, north and south in each Commissioners' district until we finalize the entire program; and the residents, of course, will be notified of the time and they will know exactly when the container will be delivered in their district, I mean, to their particular route. It's done by collection routes. Mr. Rollason: Right, and we had a plan the last time that we provided to you on phase one, and we'll be able to do the same thing on this and you'll be able to look at it and see exactly when it's scheduled for that particular route to go in. Commissioner Sanchez: I'm OK with it. I'll tell you this much I think it's -- and Mr. Patterson you and I traveled to Atlanta a couple years ago -- Mr. Patterson: Yes, sir. Commissioner Sanchez: -- to the solid waste conference that they had or whatever -- what was that that they had? Mr. Patterson: Waste Expo. 92 September 11, 2002 Commissioner Sanchez: The Expo and you introduced me to that one -arm bandit, you know. It wasn't well received by some individuals. I haven't had very few complaints on it; it's just people that weren't able to roll it out and put it on the curb, but what I want to get to is -- and it's very important because I've been a champion on the risk management. We need to take into consideration that we've had -- I don't believe we've had a single case of injury -- and correct me if I'm wrong -- with the one -arm bandit. Mr. Patterson: That is correct. We've had zero injuries on the one -arm bandit. Commissioner Sanchez: In other words, on the one -arm bandit we haven't had not a single claim of injuries pertaining to that, and before, most of the -- well, I shouldn't say most, but there were a lot of cases that were people strained their backs or they tripped, or whatever it was, so these are the steps that were taken not only to provide a better service but also reduce expenditures in the City because it all boils down to money being spent on open claims and risk management, so people need to know that. Mr. Patterson: That is correct, Commissioner. Commissioner Gonzalez: Mr. Patterson, I have a question. You said that this second and final phase should be completed by May 2003, correct? Mr. Patterson: That is correct. Commissioner Gonzalez: But that doesn't mean that we're going to do the second and last phase all in the month of May. I imagine that you're going to start doing this progressively from now on until May 2003; is that correct or -- Mr. Patterson: Well, it's not for right now. The logistics of it will take about three to four months to actually deploy the containers and receive the equipment here, so it will start in late December of this year and go to May of next year. Commissioner Gonzalez: OK, so what you're telling me -- and correct me if I'm wrong -- is that by December of this year there are going to be some additional zones that are going to have the new service? Mr. Patterson: That is correct. Commissioner Gonzalez: It's going to start in December and it's going to be completed by May 2003? Mr. Patterson: That's correct. Commissioner Gonzalez: Thank you, sir. Mr. Chairman, will you call the question? Chairman Regalado: OK. All in favor, say "aye." 93 September 11, 2002 The Commission (Collectively): Aye. Pricilla A. Thompson (City Clerk): Commissioner, that's a four-fifths. Chairman Regalado: Needs a four -fifth? Commissioner Sanchez: Johnny's here. Commissioner Gonzalez: Commissioner Winton. Chairman Sanchez: Commissioner -- Vice Chairman Winton: Aye. Chairman Regalado: He said "aye." Commissioner Gonzalez: He says "aye." Chairman Regalado: OK. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-990 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND ACTIONS IN WAIVING FORMAL COMPETITIVE BIDDING PROCEDURES AND AWARDING THE PURCHASE OF HIGH COMPACTION SIDE LOADING REFUSE VEHICLES AND 95 GALLON CONTAINERS, WITH ASSEMBLY AND DELIVERY, FROM VARIOUS ESTABLISHED MUNICIPAL CONTRACTS, IN AN AMOUNT NOT TO EXCEED $3,900,000, AS AUTHORIZED BY RESOLUTION NO. 01-591 FOR THE IMPLEMENTATION OF THE FIRST PHASE OF THE DEPARTMENT OF SOLID WASTE'S RESIDENTIAL AUTOMATED GARBAGE AND TRASH COLLECTION SYSTEM; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID ACQUISITION; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NOS. 353018.329401.6.840 AND 353019.329401.6.840, ENTITLED "SOLID WASTE REMOVAL PILOT PROJECT." 94 September 11, 2002 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 29. AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO AGREEMENT WITH SARMIENTO ADVERTISING GROUP, L.L.C. FOR BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE TO ALLOW SARMIENTO TO DEPOSIT $200,000 CASH WITH CITY IN LIEU OF REQUIRED PAYMENT BOND UNTIL MAY 15, 2003. Chairman Regalado: Bus benches. Commissioner Sanchez: The sizzling issue. Commissioner Gonzalez: Bus benches. Chairman Regalado: Item 22A. Frank Rollason (Assistant City Manager): Well, that one's mine. Chairman Regalado: Mr. Rollason. Commissioner Gonzalez: I don't have 22A. Mr. Rollason: This is -- if you'll recall at the last Commission meeting, the Manager was authorized to go back and to work on a contract and work something out with Sarmiento and this had to come back to be able to lower the payment bond, and we have worked this out and it's back before you, and I can tell you that this amount in cash more than covers the exposure that we have at this point of revenues that are coming in. Commissioner Sanchez: Is the administration supporting it? Mr. Rollason: Yes, that is correct. We're recommending it. Commissioner Sanchez: So it's in the best interest of the city having $200,000 in cash and having a $500,000 bond. 95 September 11, 2002 Mr. Rollason: Well, they were looking for some relief with the amount of revenues have been coming to them. At this point, with the revenues that we're receiving, which are required by the contract and they have been paying, they are up to date with what they're paying. Commissioner Sanchez: They are up to date on what they are paying? Mr. Rollason: Yes, they are. They're due for their next installment. Commissioner Sanchez: So they are good. Mr. Rollason: They're paying and -- but we're not receiving revenues at this point off of the advertisement, and this also provides that by May 15th, or whichever comes first with the advertising, that they'll have to be back to the 500,000, so this just gives some relief as long as we stay at the point that we're at. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-991 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SARMIENTO ADVERTISING GROUP, L.L.C. FOR BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE TO ALLOW SARMIENTO TO DEPOSIT $200,000 CASH WITH THE CITY IN LIEU OF THE REQUIRED PAYMENT BOND UNTIL MAY 15, 2003, AT WHICH TIME THE ORIGINAL PAYMENT BOND REQUIREMENTS SHALL APPLY, AND EXTENDING THE DATE FOR COMMENCEMENT OF INSTALLATION OF BUS BENCHES AND PANELS, CONDITIONED UPON SARMIENTO AGREEING TO GIVE THE CITY A FURTHER RIGHT OF APPROVAL OF THE BUS BENCH AND ADVERTISING PANEL DESIGNS AND INSTALLATION LOCATIONS, AND FURTHER ACKNOWLEDGING THAT THE CONTRACT TERMS WILL BE RENEGOTIATED AFTER CITY APPROVAL OF THE DESIGNS AND LOCATIONS. 96 September 11, 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 Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 30. APPOINT STEVE ALEXANDER AS MEMBER OF BAYFRONT PARK MANAGEMENT TRUST (See #69). Chairman Regalado: We need to go back to the Commissioners blue pages so we can get it done before the -- Commissioner Sanchez: Mr. Chairman, most of these items are appointments, which we have skipped in the -- Chairman Regalado: Absolutely. Commissioner Sanchez: -- previous meetings because -- I mean -- Chairman Regalado: I'm all for it, but do you have any other blue page item? Commissioner Sanchez: I don't have any blue -- Chairman Regalado: OK. Commissioner Sanchez: -- page items. I do have some pocket items I'll take up later on. Chairman Regalado: We need to -- Item 23, we need to make an appointment to the Bayfront Park Management Trust and he would be Commissioners Teele and Winton. Commissioner Winton, Vice Chairman Winton. Commissioner Sanchez: So moved Steve Alexander. Commissioner Gonzalez: Second. Chairman Regalado: Got a good ear. Steve Alexander. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): "Aye." 97 September 11, 2002 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-992 A MOTION APPOINTING STEVE ALEXANDER AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Commissioner Sanchez: You're in a theater with good acoustic sounds, so be careful what you say all the way out. Chairman Regalado: Commissioner Teele has an appointment, so we will come back if he wishes as soon as he returns. 31. APPOINT MICHAEL GONGORA AND PAUL DEBESA AS MEMBER OF CODE ENFORCEMENT BOARD. Chairman Regalado: Code Enforcement Board, Vice Chair Winton and two alternate Commission at - large. Michael Gongora will be Vice Chairman Winton. Do we have a motion? Commissioner Gonzalez: Move. Commissioner Sanchez: Second. Chairman Regalado: We have a motion and a second on Michael Gongora, Vice Chair nominee. All in favor, say "aye." The Commission (Collectively): Aye. 98 September 11, 2002 The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-993 A MOTION APPOINTING MICHAEL GONGORA AS A MEMBER OF THE CODE ENFORCEMENT BOARD. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Now the Commission has to appoint -- Commissioner Sanchez: Mr. Chairman, I'd like to appoint Manuel Chamizo, who is currently -- reappoint; he's serving there now. Commissioner Gonzalez: Move -- second. Chairman Regalado: OK. Is this an alternate, you mean? Commissioner Sanchez: No. That is my appointee. No, he is -- hold on. Chairman Regalado: He is already -- Commissioner Sanchez: No. He -- yeah. He's already there. Chairman Regalado: He's already there. Commissioner Sanchez: I'm reappointing him. Chairman Regalado: You are reappointing him. OK. Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner. I didn't hear the name. Commissioner Sanchez: He's there already. Manuel Chamizo. This is Code Enforcement, correct? Commissioner Gonzalez: Reappointment. 99 September 11, 2002 Commissioner Sanchez: I'm reappointing him. Ms. Thompson: That's correct, but apparently what happened was, he was serving as an alternate. You appointed him as your regular, so we need an alternate. He's already there as a regular appointment. Commissioner Sanchez: Oh, he's already there so, we don't need to appoint the -- Ms. Thompson: No. We need an alternate. Chairman Regalado: We do need to appoint, as an alternate, Paul Debesa which has -- was an alternate and -- Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second on Paul Debesa. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-994 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS A REGULAR AND ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Another alternate Commission at large you want to defer that or do we want -- Commissioner Sanchez: Yeah, let's defer till we have a full Commission. 100 September 11, 2002 Chairman Regalado: OK. 32. APPOINT RAQUEL TOURGEMAN AS MEMBER OF MIAMI COMMISSION ON STATUS OF WOMEN. Chairman Regalado: Vice Chairman Winton and Commissioner Sanchez have appointments to the Miami Commission on the Status of Women. Commissioner Sanchez: I would --let me just find my notes here. Chairman Regalado: Commissioner Winton wants to defer that for the next meeting. Commissioner Sanchez: Who are my current -- hold on just a minute. I would like to reappoint Patricia W. Hsu -- Chairman Regalado: Sorry? Commissioner Sanchez: Is that her name? Hsu. Patricia W. Hsu. Oh, no, scratch that. One nomination is Raquel Tourgeman. Chairman Regalado: OK. We have a motion and a second by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-995 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 101 September 11, 2002 Chairman Regalado: OK. Commissioner Winton will defer his appointment on the Community Relation Board. Let's wait until Commissioner Teele is back and Mayor is here so he can give us some input. They got a bunch of appointee. Now, District 2, Historic Preservation Advisory Board. We will look for Commissioner Winton's guidance on this. This is a Commission at - large. Do you have any -- OK. We will defer that and wait for the wishes of Commissioner Winton. 33. APPOINT PAUL GEORGE AND GRACIELA SOLARES AS MEMBERS OF DISTRICT THREE HISTORIC PRESERVATION ADVISORY BOARD. Chairman Regalado: District 3, Historic Preservation Advisory Board, Commissioner Sanchez, Mayor and the Commission at -large, plus the Roads Neighborhood Civic Association. We have a letter from the City Clerk. Commissioner Sanchez, do you wish to appoint? Commissioner Sanchez: Yes, reappoint Graciela Grace Solares. Commissioner Gonzalez: Second. Chairman Regalado: That's the appointee of the Miami Roads Neighborhood Association, right? Commissioner Sanchez: Yes, sir, and we do have a letter that has been provided to us and it's been received by the City Clerk and the homeowner's association has asked that we take into consideration this nomination which is Grace Solares, which we have just voted on. Chairman Regalado: You still have 6. Commissioner Sanchez: I would also like to appoint Dr. Paul George to serve and then the rest I will like to defer. It's just it's hard to -- I mean, this is one of the things that I keep saying. We have so many boards and it's so hard to keep on top of them and getting people that are committed to showing up to these meeting because -- Madam Clerk. Chairman Regalado: Joe, why don't we do this. Why don't you appoint Dr. Paul George as the Commission at -large appointment, and then you send the other names to the City Clerk and then you have the full board and we won't have to wait until next time. Commissioner Sanchez: Mr. Chairman, my point is that, once again -- Chairman Regalado: No, I understand. Commissioner Sanchez: -- there are so many boards and we continue to create these boards and then we get people that, you know, we get to serve but then they don't show up to these boards and we need to have a better way to monitor through the City Clerk's Office if they don't show up, so we can get them out and try to put somebody else to serve because, I mean, it takes a lot of time to put all these names together and get them to apply and go through the process that they're required to go through. It's just gotten to a point where these boards are out of control. 102 September 11, 2002 Chairman Regalado: OK. You still want to do the Roads and the Commission at -large? Commissioner Sanchez: I'll appoint Paul George as the Chairman and as the at -large and Grace Solares. These two appointees and the rest, Madam Clerk, I'll provide you with a list. Commissioner Gonzalez: Second. Chairman Regalado: OK, we have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-996 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE DISTRICT THREE HISTORIC PRESERVATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: District 5, Historic Preservation Advisory Board. We'll wait for Commissioner Teele. Chairman Regalado: Item 30, the Economic Development Financing Authority. Commissioner Gonzalez has an appointment. Commissioner Gonzalez: I'll defer mine now. Chairman Regalado: OK. 103 September 11, 2002 34. APPOINT RAUL DOMINGUEZ AS MEMBER OF EQUAL OPPORTUNITY ADVISORY BOARD. Chairman Regalado: Equal Opportunity Advisory Board, Commissioner Teele, Commissioner Sanchez and myself. Commissioner Sanchez: Mr. Chairman, I'd like to appoint Raul Dominguez, who does not live in the City, however, owns businesses in the City. So moved. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second on the Equal Opportunity Appointment. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-997 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Commissioner Teele has a Health Facility Authority and we'll defer that. 35. APPOINT ANTHONY PARRISH, JR. AND CYNTHIA HARRALSON AS MEMBERS OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD (See #69). Chairman Regalado: Historic -- the Historic and Preservation Board, Commissioner Sanchez and Vice Chairman Winton have two appointments. 104 September 11, 2002 Vice Chairman Winton: I will reappoint Anthony Parrish Jr. and Cynthia Harralson. Commissioner Gonzalez: Second. Commissioner Sanchez: All right. Chairman Regalado: You still have another one? Vice Chairman Winton: No, that's it. Chairman Regalado: OK. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: Commissioner Sanchez has an appointment. Commissioner Sanchez: I have Lourdes Solera here who's an incumbent. I'm going to go ahead and defer my appointment at this time. Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye" -- The Commission (Collectively): Aye. Chairman Regalado: -- on the appointments of Vice Chairman Winton. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02- 998 A MOTION APPOINTING ANTHONY PARRISH, JR. AND CYNTHIA HARRALSON AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. 105 September 11, 2002 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 36. APPOINT ALLEN OJEDA AS MEMBER OF INTERNATIONAL TRADE BOARD. Chairman Regalado: Appointments for the International Trade Board, Commissioner Sanchez and Commissioner Teele. Commissioner Sanchez: Mr. Chairman, I would like to appoint to the International Trade Board Allen Ojeda. Chairman Regalado: OK. Do we have a motion and a second? Vice Chairman Winton: Second. Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-999 A RESOLUTION OF THE MIAMI CITY COMMISSION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE INTERNATIONAL TRADE BOARD FOR A TERM AS DESIGNATED HEREIN. 106 September 11, 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 Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 37. APPOINT JESUS MORALES, ANGEL ZAYON, MARIA OFELIA PARAJON, AND ROSS JIMENEZ AS MEMBERS OF LITTLE HAVANA FESTIVAL COMMITTEE. Chairman Regalado: Little Havana Festival Committee, Commissioner Sanchez, Commissioner Gonzalez, Vice Chairman Winton and Commissioner Teele and myself. These are reappointments that need to be -- Vice Chairman Winton: Mr. Chairman, I would like to appoint Ross Jimenez. Commissioner Regalado: OK. Commissioner Gonzalez: I reappoint Maria Ofelia Paraj on. Commissioner Regalado: OK. I reappoint Angel Zayon and we still need Commissioner Sanchez. Commissioner Sanchez: For International Trade Board? Vice Chairman Winton: No. Commissioner Sanchez: For which one is this one? Chairman Regalado: Latin -- no. The Little Havana Festival Committee. Commissioner Sanchez: Oh, Little Havana? I'd like to reappoint Jesus Morales. Chairman Regalado: Jesus Morales. We have four members, and Commissioner Teele, we'll consult with him when he comes back. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. 107 September 11, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1000 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAVANA FESTIVAL COMMITTEE FOR TERMS AS DESIGNATED HEREIN. 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 NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 38. APPOINT MONICA FERNANDEZ AS MEMBER OF MIAMI AUDIT ADVISORY COMMITTEE. (See #69). Chairman Regalado: The Miami Audit Advisory Committee, Commissioner Teele, Commissioner Gonzalez and Commissioner Sanchez have appointments. Pricilla A. Thompson (City Clerk): Chairman -- I'm sorry. Chairman, Commissioner Gonzalez did make his appointment at the August 22nd meeting, so he does not have an appointment at this time. Chairman Regalado: OK. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I would like to reappoint Monica Fernandez to that board. So move. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. 108 September 11, 2002 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-1001 A MOTION APPOINTING MONICA FERNANDEZ AS A MEMBER OF THE MIAMI AUDIT ADVISORY COMMITTEE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Regalado: The Street Codesignation Review Committee, Commissioner Sanchez has one appointment. Commissioner Sanchez: Mr. Chairman, at this time I'd like to defer my appointment. Commissioner Regalado: OK. 39. APPOINT ROBERT VALLEDOR AS MEMBER OF NUISANCE ABATEMENT BOARD Chairman Regalado: Nuisance Abatement Board, Commissioner Sanchez has an appointment. Commissioner Sanchez: I would like to reappoint Robert Valledor. Vice Chairman Winton: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. 109 September 11, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1002 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Regalado: The Orange Bowl Board Advisory Board, the Mayor, Commissioner Teele and Vice Chairman Winton have appointments. Vice Chairman Winton: I'd like to defer. Chairman Regalado: Defer? Vice Chairman Winton: Yes. Chairman Regalado: OK. 40. APPOINT SALLYE JUDE AND PAUL GEORGE AS MEMBERS OF PARKS ADVISORY BOARD. Chairman Regalado: Members of the Parks Advisory Board. Vice Chairman Winton: I'd like to nominate Dr. Paul George as the Commissioner at -large appointment. Chairman Regalado: Commission at -large, you mean? Vice Chairman Winton: Yes. 110 September 11, 2002 Commissioner Gonzalez: Second. Chairman Regalado: OK. Commissioner Sanchez has an appointment. Commissioner Sanchez: I will like to reappoint Sallye Jude. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02- 1003 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 41. APPOINT MAX STRANG AS MEMBER OF PLANNING ADVISORY BOARD (See #69). Chairman Regalado: Planning Advisory Board, Vice Chairman Winton has an appointment. Vice Chairman Winton: What is it? Max Strang for my appointment. Commissioner Sanchez: Which board is this that we're at? Chairman Regalado: Planning Advisory Board. Commissioner Gonzalez: Second Commissioner Winton's appointment. 111 September 11, 2002 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 Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-1004 A MOTION APPOINTING MAX STRANG AS A MEMBER OF THE PLANNING ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 42. APPOINT WILLY BERMELLO, BERNARD ZYSCOVICH, TODD TRAGASH, RICHARD ARANGO, HAKKI KOROGLU, JULIO DIAZ AND ROBIN BOSCO AS MEMBERS OF URBAN DEVELOPMENT REVIEW BOARD (See #69). WAIVE RESIDENCY REQUIREMENTS CONTAINED IN SECTION 2-884 OF CITY CODE AS IT PERTAINS TO APPOINTMENT OF JULIO DIAZ AS MEMBER OF URBAN DEVELOPMENT REVIEW BOARD. Chairman Regalado: Urban Development Review Board. I am appointing Willy Bermello. Commissioner Sanchez: Second. Well, you can't -- Chairman Regalado: No, I'm just saying if somebody would make the motion. Commissioner Sanchez: So move. Chairman Regalado: Thank you. Vice Chairman Winton: And I'm going -- Commissioner Gonzalez: Second. 112 September 11, 2002 Vice Chairman Winton: -- you all hold your -- to do these two. I'm going to reappoint Bernard Zyscovich and Todd Tragash. Commissioner Sanchez: All right. Let's just put everybody together on this. I would like to reappoint Richard Arango, so does that take -- Mr. Chairman, does that include all the nominations? Chairman Regalado: Yes, because -- well, Commissioner Gonzalez has two. Commissioner Gonzalez: On the Urban Development? Chairman Regalado: Yes, sir, and Commissioner Teele is not here. Commissioner Sanchez: And also, I can't pronounce his name. Hakki Koroglu. Chairman Regalado: Yeah. Commissioner Sanchez: Hakki Horoglu. Vice Chairman Winton: Very good. Chairman Regalado: OK. Commissioner Gonzalez: I'll reappoint my two appointments, and I need a four-fifths vote on Julio Diaz. Chairman Regalado: OK. Vice Chairman Winton: So move all of these -- Commissioner Sanchez: Except that one and then we'll get back to it. Second. Chairman Regalado: It's been moved and second with a four -fifth for residence. Commissioner Sanchez: No, no, no, we'll get back to that four -fifth. Let's just vote on our three and we'll -- Chairman Regalado: Oh, OK. Well, all in favor, say "aye." The Commission (Collectively): Aye. 113 September 11, 2002 The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-1005 A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD: WILLY BERMELLO (nominated by Chairman Regalado) BERNARD ZYSCOVICH AND TODD TRAGASH (nominated by Vice Chairman Winton) RICHARD ARANGO AND HAKKI KOROGLU (nominated by Commissioner Sanchez) JULIO DIAZ AND ROBIN BOSCO (nominated by Commissioner Gonzalez) Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. Commissioner Sanchez: On the four -fifth, so move. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor say, "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-1006 A MOTION WAIVING THE RESIDENCY REQUIREMENTS CONTAINED IN SECTION 2-884 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS IT PERTAINS TO THE APPOINTMENT OF JULIO DIAZ AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD. 114 September 11, 2002 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 43. APPOINT GONZALO DIAZ AS ALTERNATE MEMBER OF WATERFRONT ADVISORY BOARD (See #69). Chairman Regalado: OK. The Waterfront Advisory Board, Commissioner Teele has an appointment and the Commission at -large has an alternate. Any ideas? Commissioner Sanchez: Hold on. Is Gonzalo Diaz already -- Chairman Regalado: Huh? Commissioner Sanchez: -- is he a current appointee? Pricilla A. Thompson (City Clerk): His term has expired. Commissioner Sanchez: His term has expired. So move that he be reappointed. Ms. Thompson: You want to reappoint him? Commissioner Sanchez: Yes, ma'am. Commissioner Gonzalez: Second. Chairman Regalado: OK. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1007 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. 115 September 11, 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 Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: The Zoning Board, Commissioner Gonzalez has an appointment. Commissioner Teele has an appointment, Zoning Board. Commissioner Gonzalez: I'll defer my appointment. Chairman Regalado: OK. 44. APPOINT COMMISSIONER ANGEL GONZALEZ, AS CHAIRPERSON, AND TONY CRAPP JR, FRANK BALZEBRE AND DAVID MARCO AS MEMBERS OF MIAMI COMMISSION DISTRICT BOUNDARY COMMITTEE. Chairman Regalado: The Miami Commission District Boundary Committee. This is a new committee and the Commission suggests that, two meetings ago, that Commissioner Gonzalez will chair this committee. It needs a Commissioner as a chairperson, so do we have a motion on Commissioner Gonzalez? Commissioner Sanchez: Mr. Chairman, on that board, what exactly is that board going to do? Chairman Regalado: To modify -- Vice Chairman Winton: Redistrict. Chairman Regalado: -- the districts according to the census track or to -- and to expand the boundaries of the city like, for instance, Melrose -- Commissioner Sanchez: Annexation? Are you referring to annexation? Chairman Regalado: Annexation, yeah. Commissioner Sanchez: OK. Vice Chairman Winton: And we'll -- they'll have -- I mean, this committee will have access to consultants that are going to provide all the technical stuff, isn't that right? 116 September 11, 2002 Commissioner Sanchez: Yes. Chairman Regalado: OK. We have a motion on the Chairman. Vice Chairman Winton: So should we vote on the Chairman? Chairman Regalado: Yes, sir. Vice Chairman Winton: OK. Call the question. Commissioner Sanchez: Who's going to be the Chairman? Vice Chairman Winton: Gonzalez. Chairman Regalado: Commissioner Gonzalez, it was suggested by the City Commission two meetings ago that Commissioner Gonzalez chair this meeting. Vice Chairman Winton: So move. Commissioner Sanchez: Second. Chairman Regalado: OK. We have a motion on the chairperson. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-1008 A MOTION APPOINTING COMMISSIONER ANGEL GONZALEZ AS CHAIRPERSON OF THE MIAMI COMMISSION DISTRICT BOUNDARY COMMITTEE. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 117 September 11, 2002 Commissioner Sanchez: Mr. Chairman, I would like to appoint to that committee David Marko. Vice Chairman Winton: And I would like to appoint Frank Balzebre. Chairman Regalado: I am appointed Tony Crapp. We have a motion? Vice Chairman Winton: So move. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Chairman Regalado: Oh, Commissioner Gonzalez has to make an appointment, too. Commissioner Gonzalez: I'll defer my appointment to the next -- Chairman Regalado: OK. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1009 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI COMMISSION DISTRICT BOUNDARY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 118 September 11, 2002 45. ADD EXPANSION OF STATE ENTERPRISE ZONE TO CITY'S LEGISLATIVE AGENDA AND DIRECT THAT MANAGER TAKE NECESSARY ACTION TO EXPAND EXISTING STATE ENTERPRISE ZONE TO ELIGIBLE AREAS WITHIN CITY AND PRESENT SAID EXPANSION TO STATE LEGISLATURE DURING THE 2003 SESSION. Chairman Regalado: OK. Before we go into the other items, we have -- we approve in the consent agenda the Enterprise Zone. I have a pocket item -- it's a resolution -- adding the expansion of the State Enterprise Zone to the City legislative agenda. Commissioner Sanchez, in the past meeting, requested that the administration would come back with a study to include all districts in the Enterprise Zone, and we have this resolution from the administration regarding the expansion. Of course, this expansion has to go to the state legislature, so if you want to, Commissioner. Commissioner Sanchez: Thank you, Mr. Chairman, yes. On this issue, we all know about the Empowerment Zone and the Enterprise Zone. Several years ago, when the enterprise -- the Empowerment Zone was being crafted, somehow, it ended up at the County and, in many ways, I strongly feel that we were left out and, in some ways, where I think they should have gone, it went the other way, expanding into the port and down to the airport, but on this matter here is that somehow a lot of the areas that have been left out, no one can dispute that they would benefit from the Enterprise Zone, and in the process of communicating with State representatives, both in the House and the Senate, we feel that we have a good chance of expanding the area that would basically help out other areas, not just to include my district, but also to include District 1, 2 and 5, so we are in the process of presenting this when we do come up hiring a lobbying team, which I'm not sure where we're at on that status. We need to basically start letting them know that this will be a priority for us, and also I have sent letters to both Representative Manny Prieguez and also Representative Gus Barreiro, of course, we're waiting for the elections to get the Senator of the district to come onboard to sit down with them and have their support on this issue; not just their support, but having one of them house side sponsor the bill and the senator on the other house sponsoring the bill so we're able to get it across in Tallahassee. Vice Chairman Winton: So you moving it? Commissioner Sanchez: Yes, sir. Vice Chairman Winton: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 119 September 11, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02- 1010 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SUPPORTING MIAMI-DADE COUNTY'S ACTIONS FOR THE EXPANSION OF THE BOUNDARY LINES OF THE EXISTING STATE ENTERPRISE ZONE TO AREAS OF LITTLE HAITI AND THE MIAMI RIVER CORRIDOR, WITH A LIMIT OF FOUR SQUARE MILES, AS SET FORTH IN "ATTACHMENT 1", ATTACHED AND INCORPORATED. Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 46. AUTHORIZE MANAGER TO SELL TWENTY-FIVE SURPLUS CITY -OWNED VEHICLES, AT $2,200 PER VEHICLE FOR 22 VEHICLES AND $1,000 FOR 3 VEHICLES WITH SERIOUS DAMAGES TO FF2 PRODUCTIONS, LLC., TOTAL AMOUNT $51,400, INTENDED FOR PURPOSE TO FACILITATE FILMING OF FEATURE MOVIE "FAST AND FURIOUS IL" Chairman Regalado: The administration also needs a pocket item. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: And well let me tell you about it. It's -- we're going to sell -- Vice Chairman Winton: I just read it. Chairman Regalado: -- 20 police cars for the Fast and the Furious, so we have a motion? Vice Chairman Winton: Yes, so move it. Commissioner Gonzalez: You have a motion and you have a second. 120 September 11, 2002 Vice Chairman Winton: We have a motion and a second. Chairman Regalado: And a second, OK. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SELL TO FF2 PRODUCTIONS, LLC, TWENTY-FIVE SURPLUS CITY -OWNED VEHICLES AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A TOTAL AMOUNT OF $51,400, TO BE USED IN THE FILMING OF THE MOVIE "FAST AND FURIOUS 11". Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Arthur E. Teele, Jr. 47. BRIEF COMMENTS BY COMMISSIONER WINTON ON COUNTY'S TRIM NOTICE. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: If you remember earlier this morning, I brought up the issue on the trim notices, and if you recall shortly after I made that presentation, I got a call from George Burgess on my cell phone, who is an Assistant County Manager, and George and some of his staff were watching us on television and offered up an explanation in terms of what was going on with our trim notices, and I made a commitment to him that if I got new information, that I would correct the record, and so I would like to take a moment to do that. Chairman Regalado: Absolutely, go ahead, sir. I mean, are we going to pay more or less? 121 September 11, 2002 Vice Chairman Winton: We're going to pay a little more. Chairman Regalado: OK. Vice Chairman Winton: What happened with my house and my neighbor's house is that we have a special security taxing district and that was the big piece of the calculation, so I took my house and my neighbor's house in my neighborhood out of this analysis, and I ended up with three properties that I continued to analyze; three properties in Unincorporated Dade and three properties within the City of Miami, and in Unincorporated Dade, for the County portion, they have two line items. They have the first line item which is -- just simply says "County," which is just like our first line item that says "County," but then below that on the trim notice, they also have something called "Unincorporated Area," which has -- which is an additional tax. If you -- now rolled up in the County's portion of the countywide millage, you have not only the countywide millage rate, but you have the county fire millage and you have the library millage that's in their formula, so what I wanted to do -- and I got this explanation about how these get rolled differently and all this jazz, but what I -- and what I told George is what our constituents are interested in is one thing and one thing only. They don't care about the internal machinations for where we put the money or whether it's in the fire or it's in the parks, it's in the -- you know. They don't care if it's in Monkey Jungle. They just want to know if they're paying more, that's what their issue is, and as I told George, in my analysis so far -- and we're going to continue on and I want to make this point clear and I promised to him I would. I said publicly that my personal taxes and my neighbors' were going up 24 percent or 23 percent depending on which of the two columns you look at, and that now is in error. They are going up, but it isn't because the County has done anything; it's because of our own special security district. However, what I have found in the analysis that I've put together so far is that it appears that on average for Unincorporated Dade County residents who have homestead exemptions, their taxes are going to go up something in the neighborhood of -- and it depends on the property -- but something in the neighborhood of 3 '/z percent, taking all of the different pieces and adding them together there residents in unincorporated Dade are going to get about a 3 '/2 percent increase if the County passes the increases as described on this trim bill, and there's some people who think that won't happen, but if it did happen, according to the trim bill, it would be roughly 3 '/z percent. Commissioner Sanchez: An increase? Vice Chairman Winton: An increase, in Unincorporated Dade. In the City of Miami, I don't have to add so many. There's only one line item here for City of Miami, and the properties in the City of Miami seem to be going up on average about 6.8 percent, almost 7 percent, for the County portion, so there's long explanations about why theirs is less and, you know, the fire fee's going down and all this kind of jazz, but as I told George, the citizens don't care about our internal machinations about where the money's coming from and going. They have to pay a -- they write a check and the check says "X" dollars more to you from me, that's how much I'm paying, and so it appears as though there's almost a double -- the amount that City of Miami residents are going to pay to the County is almost double what Unincorporated residents are going to pay to the County in terms of an increase. Now, that double though, however -- and I told George I'd make this clear -- that's -- I'm now talking about City residents, roughly of a 7 122 September 11, 2002 percent increase, where before I was talking about 24 or 33. That 24 or 33 is inaccurate. It looks now to be about a 7 percent increase. Chairman Regalado: But we're still going to pay more. Vice Chairman Winton: Yes, and so -- you know, I think we still have to do -- it isn't -- I think we still have some work to do with our colleagues in the County who represent incorporated areas because it's hard to explain to our residents why our increase is going to be nearly double their increase, and you can -- you know, it's tough to rationalize that in light of the fact that the services that we get in municipal Dade county are significantly less than they get in the unincorporated areas, so we have some work to do there but I just wanted to make the record clear. Chairman Regalado: OK. Commissioner Teele is back and we have a budget hearing in a few minutes, but we do have other items. There was one item that was deferred from the morning session. Also, I would really like for the City Commission to make a statement regarding the problems that we had in the City of Miami yesterday with the elections. 48. COMMENTS REGARDING PROBLEMS WITH ELECTION POLLS. Chairman Regalado: There was one item that was deferred from the morning session. Also, I would really like for this City Commission to make a statement regarding the problems that we had in the City of Miami yesterday with elections. In Shenandoah Park, we had a lot of problems. The polling place did not open until late, and then people were not able to get help. Also, in Robert King High, many people had to leave without voting, because problems at the polls. The computers and the way to use -- I think we all know that, in Broward, they had serious problems, and Miami -Dade County. As of this afternoon, there were a hundred and some polling places that were not counted, as yet. So, I -- my request of the City Commission is see if we can direct the City Clerk to convey to the Elections Department the problems that we had, that are being reported to my office. I'm not sure that all the members of the Commission offices with voting process and the hardship that many people, especially elderly residents, experienced with this problems on the voting and places. I have other issues, too, regarding parking in two polling places, new polling places in District 4, which I will send in a memo form to the City Clerk. But I don't know if you have received complaints in your office, but I -- we do have several complains of people that were not able to vote because of these mechanical problems that they had yesterday. Hopefully, this will not happen in November, but just in case. So, that is my issue on this matter. So, I guess that we don't even need -- just a motion or anything. Just for the City Clerk to convey that concern. OK. 123 September 11, 2002 49. AUTHORIZE EXECUTIVE DIRECTOR OF VIRGINIA KEY BEACH PARK TRUST TO EXECUTE AMENDMENT TO LEASE AGREEMENT FOR PURPOSE OF LEASING ADDITIONAL 830 (746 BILLED) SQUARE FEET OF OFFICE SPACE AT 3550 BISCAYNE BOULEVARD FOR MONTHLY COST, INCLUDING EXISTING 1700 SQUARE FEET OF $45,226.54. (See #3) Vice Chairman Winton: Mr. Chairman? Chairman Regalado: Yes, sir. Vice Chairman Winton: What was our motion this morning on the Virginia Key Beach -- their budget is coming up shortly, right? I mean, their -- we -- their budget approval is yet to come before us; is that correct? Did we move to defer that line item or just -- Chairman Regalado: To the 26. Commissioner Gonzalez: Both on the 26. Vice Chairman Winton: To the 26? Chairman Regalado: To the 26. Vice Chairman Winton: Both on the 26? Chairman Regalado: Yes. We did move that for the 26. Vice Chairman Winton: OK. Chairman Regalado: Yes, sir, Commissioner Teele. Commissioner Teele: Mr. Chairman, on that item -- on the Virginia Key item, I did meet with some of the board members, all of whom are citizens and volunteers and they do have a concern. I attempted to assure the board that this was not an attempt by the Commission to frustrate. They know that lease has got to be signed or executed by October 1, and I would just like to urge the -- my colleagues to make some time over the next week or so, individually, to familiarize, and I would hope that the Manager would appoint someone as a liaison to facilitate for them because one of the challenges is that when you have an independent board like this and the staff is independent, they really don't have access to the normal levels of levers of the process, and so I would ask, respectfully, that the Manager name a person to sort of work with them to get meetings and to facilitate all of that through the process. Frank Rollason (Assistant City Manager): This is on the lease that you're speaking about the lease -- Commissioner Teele: This is on the budget of the -- 124 September 11, 2002 Vice Chairman Winton: The budget. Commissioner Teele: -- Virginia Key Trust and the lease item, both items. The board members, in a separate discussion, said it's hard to consider the lease without understanding the budget, and I don't disagree with that. Vice Chairman Winton: Commissioner Teele? I met with staff during the lunch hour and walked through this entire budget. Now, the rest of the Commissioners may want to meet and go through it, but I told them that I was prepared to move this forward because I got my questions answered and there's some comments I want to make about it, but I couldn't remember if we deferred it or not, so -- Commissioner Teele: Well, it was Commissioner Sanchez who had the unreadiness at that -- Commissioner Sanchez: My only concern at that time was the additional office space, that was it. Vice Chairman Winton: Well -- Commissioner Teele: Well, if you are prepared to move forward, I would be pleased to second the motion. I mean -- Commissioner Sanchez: So move. Vice Chairman Winton: OK, so -- Commissioner Teele: And second. Vice Chairman Winton: OK, so we have a motion to -- Commissioner Teele: Second. Vice Chairman Winton: -- and a second, and here's the comment I would like to make. Commissioner Teele: Let's be sure we say what we're approving. We're approving first the lease. Commissioner Sanchez: The lease. Commissioner Teele: That's what's already -- that was what was deferred and I -- Commissioner Sanchez: That's all that we're approving, the lease. Commissioner Teele: At this point. 125 September 11, 2002 Vice Chairman Winton: Well, are we going to take the -- frankly, I think this is backwards, by the way. Commissioner Teele: Yeah. It was bifurcated. Vice Chairman Winton: You really ought to approve the budget before you do the lease. Commissioner Teele: It was separated in -- Vice Chairman Winton: It was shown wrong in our book. You shouldn't be approving this lease extension until you approve the budget, is the way, mechanically, it ought to work, but -- Commissioner Teele: But the lease is what was before us. Vice Chairman Winton: The lease is what's before us. Commissioner Teele: And Commissioner Sanchez moving it -- Vice Chairman Winton: Did we defer both? Commissioner Teele: Yes. Vice Chairman Winton: OK, and I'm prepared to -- Commissioner Teele: And I second it, so if we could call the question on that, we could approve that, so Mr. Chairman, I would call the question. Chairman Regalado: OK. We have a motion by Commissioner Sanchez and second by Commissioner Teele. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 126 September 11, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1012 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXECUTIVE DIRECTOR OF VIRGINIA KEY BEACH PARK TRUST TO EXECUTE AN ADDENDUM TO THE LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH LUCKY CAPITAL, INC. TO LEASE AN ADDITIONAL 746 SQUARE FEET OF OFFICE SPACE INCLUDING THE EXISTING 1700 SQUARE FEET, FOR A TOTAL OF 2446 SQUARE FEET, AT 3550 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FOR A THREE-YEAR TERM, AT A FIRST YEAR COST OF $45,243.54, WITH A MONTHLY FEE OF $3,770.29, AND AN INCREASE OF 4 PERCENT OVER THE BASE RENT FOR BOTH THE SECOND AND THIRD YEAR YEARS; ALLOCATING FUNDS FROM ACCOUNT NO. 116004.580239.6.620, SUBJECT TO AVAILABILITY OF FUNDS. Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Winton: Now, as it relates to the budget, as I said, I met with staff, I got all my questions answered. I think there's some points that we need to understand and some points that we need to take to management and I'm prepared to move the budget forward -- Commissioner Teele: Second. Vice Chairman Winton: -- if you all don't mind. Commissioner Teele: I'm seconding the motion. Vice Chairman Winton: OK. Commissioner Teele: Is that -- that is on -- 127 September 11, 2002 Vice Chairman Winton: Second. Commissioner Teele: -- the item that is -- what's the agenda item number? Vice Chairman Winton: It's way late. Commissioner Teele: But that item that's -- Vice Chairman Winton: Yeah, that item. Now the comments. I think that all of us when we looked at the documentation that was provided in our book, I think we were all concerned about staff costs when you have a new start-up entity, and let me tell you who the staff people are. We have an executive director, a controller, a development coordinator, which is really principally a grant writer -- Commissioner Teele: Mr. Chairman, if I may, the Clerk, I think, is signaling -- Madam Attorney -- that this item is scheduled under the budget hearing, and while it's not a part of the budget per se -- Chairman Regalado: We can't do it. Commissioner Teele: -- even if it was noticed this way, we probably need to not take it up or not vote on it at least until -- Vice Chairman Winton: Until later. Commissioner Teele: -- after 5. Vice Chairman Winton: Got it, fine. Commissioner Teele: However you want to handle it, Commissioner. Vice Chairman Winton: That's fine. 50. DIRECTION TO THE CITY ATTORNEY TO DRAFT A RESOLUTION REQUESTING THE U. S. JUSTICE DEPARTMENT PROVIDE MONITORS FOR THE NOVEMBER ELECTION; FURTHER DIRECTING THE CITY MANAGER AND CITY CLERK TO MEET WITH MIAMI-DADE COUNTY MANAGER AND SUPERVISOR OF ELECTIONS, WITH THE FULL POWER OF MAKING CITY OF MIAMI PERSONNEL AVAILABLE BOTH TO BE TRAINED AND AVAILABLE FOR ELECTION DATES COMMENCING IN OCTOBER AND NOVEMBER 2002. Chairman Regalado: OK. We have a PZ item that we -- Commissioner Teele: Before you do, Mr. Chairman, you made a statement, and, again, I wanted to see if my colleagues were going to respond to the statement. Because I think -- you know, once again, Miami, you know, is on the evening news, it will be the CNN (Cable News Network) 128 September 11, 2002 news, it will be the New York Times' lead story Sunday, and it's not -- you know, it's not the City of Miami, but we have a vested interest in this, because it's our -- we're a part of this community. I want to say this: I have a very high level of confidence in Miami -Dade County bureaucracy, government, and I hold David Leahy, the Supervisor of Elections, which is a Constitutional Officer under the Florida Constitution, in the highest regard. And what happens over there in the County is the County Manager, and Mayor, and Commission's business, and I don't want to interfere with that, and they've got enough -- more than they can say grace over now. However, I don't think the City can continue to act the way we always act, which is make these profound statements, complain, wring our hands, and then go back to partying or drinking coffee or tea. We have a problem. The problem is disproportionate in the minority community. It is a problem that -- whether it's true or not, there is a national perception that folks in Florida don't have it together. We're referred to as a "third world" community. That's no reflection on any ethnic group. In fact, it probably -- it cuts across the board. I've seen hate elections run in Haiti more efficient than what happened in 2000 -- in the 2000 elections. Mr. Chairman, I think we should ask the Attorney to consider, first, drafting a resolution and asking that the U.S. Justice Department to send in monitors for the November election. And I think, if we don't do that, we're really missing the opportunity to be the vanguards of a new Miami in the context that we want to do what's right for everybody. There can be no democracy that is not a real and pure democracy. You can't have it when you win, and then say, "Well, that's just the way it worked." There is nothing more fundamental and there is nothing more sacred to the immigrants and the people that have come to this community over the last 40 years, than ensuring that an electoral process is free of -- not mistakes and not glitches, but taint. And right now -- and let me remind you, that Congresswoman Meek could not vote, by absentee. So, we had a warning. Let me remind you that the Attorney General of the United States, who resided -- however we feel about her politics -- you know, this isn't about somebody's politics -- she couldn't vote for two or three hours. There are precincts in my district that did not open until afternoon, and I don't think we can -- as the largest City in this state, I don't think we can sit idly by and say, "That's the County's problem." I also would like to ask the Manager to consider working with the Clerk, and authorizing the Manager to make available, beginning in October and in November, City employees that are fully trained to be free, pro bono, to the County, within the City -- precincts in the City of Miami, as deputies or registrars, under the Clerk of the County, under the Supervisor of Election, but we should make that financial commitment to make that available, so that we can at least have a process whereby we can provide input and feedback to our citizens. There's nothing more important than we can do. There is no expenditure that we can make more important than safeguarding what it is we're all here for. And I, for one, have no problem, if the Manager doesn't have a problem, and the Clerk, if they could come up with a plan or a resolution later on today, where we authorize the Manager and the Clerk to meet with the Manager and the Supervisor Of Elections, and to make more people available. Obviously, there's a shortage of trained manpower. And, you know, it's a good experience for some of our employees. We need to know better how to run elections in terms of doing this. Obviously, I feel very sorry for the previous Clerk in this City, because he's in the -- Chairman Regalado: He's very embarrassed. Commissioner Teele: He's in the horns of a dilemma. But you know what? If he had had the ability to run elections or to be at a senior level, you know, there would be more knowledge 129 September 11, 2002 shared. And, so, I see this, not as a way to just complain about the County. I think we ought to give this as an opportunity to our employees of the City, and for the Manager and the Clerk to work it out, if they want it, if the County wants it. But to be able to put manpower, on election days, that have been trained -- that means, it's going to take some training. But I'm telling you, people who have been properly trained is going to make our employees and our workers more valuable, because now they've got -- in the military, we call it a new MOS. That's a military occupational skill. And you get your promotions based upon how many different skills you have, as well as how well you do in your primary skill. And, so, I would ask, you know, that we consider this. I don't want to make a motion now, but I would like for us to think about it. But I don't think we ought to just blame the County. You know, this is an embarrassment. I don't think we ought to make a lot of speeches against -- denouncing what's going on. I don't intend to. I have a high regard for Dave Leahy. I feel very sorry for the situation we're in. But I also think that the community that I represent, and the community that we all represent, is entitled to the best help that the City of Miami can provide, and to have an election that's not free of errors and glitches, but, certainly, it doesn't raise to the level where we've got the Governor of the State and the Attorney General, you know, talking about "those folks down there." Vice Chairman Winton: Commissioner Teele? Commissioner Teele: Like they think we're in another world. Vice Chairman Winton: In my precinct -- my precinct didn't open for about two hours, because they couldn't get the machines to work. And I got there just as the machines were coming on line, finally, because I had an early morning breakfast meeting. And the people in line don't know this is a County function. They were all blaming us. "Johnny" -- because a bunch of people knew me -- "what's the matter with you guys? How come you don't have -- why didn't you figure out these machines a year ago, or last night, or two days ago or whatever?" So, I agree with you wholeheartedly. We need to work with the County, in any way we can, to make this process -- it's in our best interest to make this process work, and I think we should do anything we can to help the County make this process work. Because we're going to get the blame anyway. Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: I'm prepared to second the motion, if Commissioner Teele makes a motion. Commissioner Teele: Well, I would certainly like to make the motion to authorize the Manager of the City and the Clerk to meet with the Manager of the County and the Supervisor Of Elections, with the full power of making City of Miami personnel available, subject to whatever procedures you all use, both to be trained and to be available for election day, commencing in October, as well as November, and to perhaps enter into a long-term agreement relating to that, at the full costs of those employees of the City to be borne by the City of Miami. I would so move. 130 September 11, 2002 Commissioner Sanchez: Second. Chairman Regalado: OK. We have a motion and a second. Just a comment. Poll workers do get paid by the Elections Department. And the problem that Walter Foeman and Miriam Oliphant had in Broward yesterday is that they quit. They just didn't show up, and they quit. And it was total disaster for them. The problem -- see, yesterday morning, when we at the news media outlet started getting calls from people, we thought that the blame had to be on the people that were going to vote and didn't know how to vote, because of new machines. But then we realized that the problems were not the people that went to vote, but the machines, and the staff in those polling places. And let me tell you, I have documented more complaints in City of Miami polling places than any other area in the County. We have 96 polling places in the City of Miami, and we, at every news media outlet -- check anyone -- received complaints more from the City of Miami than any other area. As a matter of fact, in polling places in unincorporated area in Kendall, they were up and -- rise and shine at 7 o'clock. We had problems in Robert King High, Flagler and 17 didn't open for two hours. And like Johnny said, in his polling place. But the most serious problem is that people were disenfranchised, because people signed the book, and were given this little cardboard, and when they went to vote, the machines didn't work. So, they told them, "Well, you know, you've got to wait." People had to go -- my own daughter went to vote, signed, machine didn't work, but she was running late. So, she left. But she couldn't vote, although she signed the book, because she couldn't come back and sign for the second time. So, there were a lot of people disenfranchised yesterday, and this is serious. This is a serious problem, because, you know, some people can say, "Well, you know, I'm going to file suit." So, something we have to do, because we do get blamed for that, and -- but that's not the worst part. The worst part is that people, in good faith, went to vote and couldn't vote yesterday, and it's really a shame. Vice Chairman Winton: Mr. Chairman, as it relates to the resolution, I think that we might want to modify that a bit, because I think our resolution was, we get City employees trained, and I'm not sure that it's City employees that work County -wide. Isn't it volunteers? Commissioner Teele: No. This would be limited to the City of Miami. Vice Chairman Winton: But the issue -- here's the -- I think we better -- what we want to be aware of is this: They have volunteers all over the County, including in the City. And if you have City workers, is there a risk, in a tight City race, that you have City workers, you know, whispering in people's ears, as opposed to, you know, volunteers. And volunteers that whispers in people's ears, I mean, there's a different set of penalties. But City employees, you set them up to -- you potentially get them set up to get involved in some stuff that's (INAUDIBLE). Commissioner Teele: My resolution only relates to the October/November election, and training -- getting our people trained. I want to make two distinctions: The County -- first of all, there are very few volunteers in this process. Virtually, everybody there is either paid by the Elections Office, paid by the Sheriff s Office, or -- Commissioner Sanchez: We don't have any elections (INAUDIBLE). 131 September 11, 2002 Vice Chairman Winton: But they're not County employees. Commissioner Teele: -- contract person paid by the hour. Vice Chairman Winton: But they're not County employees. Commissioner Teele: No, no, no, no. Yes, sir, they are County employees. Vice Chairman Winton: But they're not full-time County employees. Commissioner Teele: Yes, sir. Vice Chairman Winton: They are? Commissioner Teele: Yes, sir. Yes, sir. They are -- not in every precinct, but the management. And that's where the breakdown is. That's where the breakdown in Broward County is. That's where the breakdown in Dade County is. You had people that couldn't get anybody on the telephone. You have troubleshooters that are out there. They didn't have enough troubleshooters. They had batteries loaded into these machines the wrong way, which is a technical, troubleshooting issue. But you have to train the people -- you have to train the staff, and these are County people that are not necessarily under contract. I think David Leahy and the Supervisor of Elections people will know how they can best utilize our employees, and based upon the kind of skill sets that we bring. I don't envision the people that we would bring to the table as being people who collect ballots and issue ballots. The problem is in the supervisory levels, where you need to have a person that is there to make sure that everybody's there doing what they're supposed to, and every one of those precincts needs at least one professional supervisor that is responsible for it. And when you've got a situation like what the Supervisor of Elections of Broward complained about, where they couldn't even talk to anybody for three hours, and then, when they got them, they told them, "Go take a leak. We -- you know, I've got to go feed my children. I'm going home. I refuse to carry out the order of the Governor, to keep the precinct --" I mean, that is a management problem. That's a supervisory problem, as much it is an employee. And I think that's where some of our employees could possibly come in, if the Elections people want them. And, you know, they've got to be trained, they've got to be deputized, they've got to be sworn, and that's a decision that the Constitution of Florida gives to the Supervisor Of Elections, which, in the case of Dade County, is David Leahy. And even the Governor can't come in, contrary to what he was saying yesterday. The Governor cannot come in and take over those responsibilities, under the Florida Constitution. Chairman Regalado: But the Justice Department can. Commissioner Teele: The Justice Department cannot take those responsibilities. They can come in and monitor it. Chairman Regalado: We should request the Justice Department to come in. 132 September 11, 2002 Commissioner Teele: Well, I think we should. But I think we've got one motion on the table. And, by the way, this motion is conditioned, Mr. Manager, on the County accepting our offer for help. In other words, if they say, "Thanks, but no thanks" -- But rather than complaining and rather than blaming them, I think, at least, we're being proactive in providing resources to them. Carlos Gimenez (City Manager): Yes, sir. Commissioner Teele: I would call the question. 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 motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-1013 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO MEET WITH THE MIAMI-DADE COUNTY MANAGER AND THE SUPERVISOR OF ELECTIONS, WITH THE FULL POWER OF MAKING CITY OF MIAMI PERSONNEL AVAILABLE BOTH TO BE TRAINED AND TO BE AVAILABLE FOR ELECTION DATES COMMENCING IN OCTOBER AND NOVEMBER 2002, LIMITED TO THE CITY OF MIAMI PRECINCTS, SUBJECT TO THE COUNTY ACCEPTING SAID OFFER, AND PERHAPS TO ENTER INTO A LONG TERM AGREEMENT WITH THE FULL COST FOR THOSE EMPLOYEES OF THE CITY TO BE BORNE BY THE CITY OF MIAMI. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman, I would move that the City Attorney be empowered -- and this will be subject — it's resolution, which will be subject to a mayoral veto, if he would like -- would be the City Attorney be empowered to meet with and make formal application to the U.S. 133 September 11, 2002 Justice Department, Office of Civil Rights, for election monitors to be available, to ensure the integrity of elections within the City of Miami -- Miami -Dade County, City of Miami, in the upcoming November elections. I would so move. Chairman Regalado: We have a motion. Do we have a second? Commissioner Gonzalez: Second. Commissioner Sanchez: Discussion. Chairman Regalado: We have a second. Commissioner Sanchez. Commissioner Sanchez: Discussion. You know, I'm a bit concerned with that, and I'll tell you why. By us passing this resolution today, being on the safeguard you put, that the Mayor could veto it -- and I think the Mayor, looking out for the City of Miami and making sure it's not an embarrassment, I think he would veto it. All that we're doing is, we're giving the newspaper an opportunity to have on the front page that we're having people from Washington coming down here and monitor these elections as this was a third world country, where people are held at gun point so they don't vote, where people are threatened where they cannot vote. You know, I think this is going to do more harm than good. I'm OK with the first resolution that was passed. I think it's great that, instead of criticizing the Department Of Election, that we provide technical assistance and resources to assure that people that were introduced to a new technology of voting, which I was very comfortable with, but the elderlies were not, not to mention that many people weren't able to vote because the machines were broken, et cetera, et cetera, et cetera, et cetera, et cetera. But what we're basically doing here is, we're going to -- that, that, I guarantee you, will be on CNN, will be on Fox, that the City of Miami government has requested to have Civil Rights and monitors to come down here and stand inside precincts, to monitor those types that are aggressive violations. I don't think we have those violations here. So, I -- I will not support that. Because, really, I think that's going to do more harm than to help the image of Miami. Chairman Regalado: If I may. If I may. Would you yield just one second, Commissioner Teele? Commissioner Teele: Yes. Chairman Regalado: Joe, it's not about violations. You know, the news will be, you know, "Corruption is rampant -- is so rampant that the City of Miami is asking for Civil Rights monitors." That will be the headline if, like you said, and there is no violation, on the part of the voters. But the problem here is that we have to protect the right of the people to vote. We have the duty to protect the people. The City of Miami has a lot of elderly people, has a lot of poor people that they do want to vote yesterday. It was raining, and there were people standing in line to vote, and couldn't vote. I was there. At the Cubic Center voting place, there were elderly people, raining at 1:30. 134 September 11, 2002 Commissioner Sanchez: Commissioner Regalado, I'm not going to dispute that. There were manmade errors; there were -- it rained, the computers, all kinds of things. But what you're going to have here is -- you might even have Jimmy Carter come down here and monitor our elections. That's an embarrassment to democracy. And listen, you can say that computers were broken, people went home, miscommunication, bad weather. You know, everything went wrong. But you cannot say that there was fraud, and you cannot say that people were denied their constitutional right to vote. They had till 9 o'clock to vote. Everything was manmade errors. This is not about -- you know, not basically putting a gun to somebody's head or threatening them, they can't vote. This is going to be an embarrassment to this City. Jimmy Carter will come down here. Jimmy Carter will come down here with a group of people and they'll monitor, and we will be on World News Tonight, and I cannot allow that. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: I have tremendous respect for you, Joe, and I think that the process of debate is always healthy, and it's always good when there is some disagreement, especially when the disagreement is not personal, but it is based on policy and objective criteria. The problem that I have with everything that you're saying is "A," the facts. The facts are, the U.S. Civil Rights Commission has already come down here and determined, in 2000, that something went wrong. The facts are that the City of Miami is the poorest City, not in the State of Florida, but in the nation. Chairman Regalado: That's what I'm saying. Commissioner Teele: The facts are that, without regard to your understanding of the facts, that there are people who waited until 12 o'clock, who never got a chance to vote in Dade County. There are people who came to precincts to vote at 8 o' clock, that were closed and locked up in Dade County and in the City of Miami. And the fact of the matter is, is that this is against the backdrop of what is already the biggest election scandal since the Republican Reconstruction Era in the south. Whether it's true or whether it's a media event, the 2000 elections went to the U.S. Supreme Court. Nine Justices decided who the President of the United States was going to be, based upon Florida. Whether we do nothing, this is going to be the biggest national story for the next 60 days, other than, if Ben Laden gets caught and bombed, and I hope he does. So, the fact of the matter is, the New York Times, the L.A. Times, the Washington Post -- and it seems to me that what we should do, as Commissioners, of, unfortunately, a City that clearly has a disproportionate amount of people who don't have anyone to fight for them, is to at least not give the U.S. Justice Department -- and this is what this is about, in my mind -- the U.S. Justice Department is going to say, "We can't come, because we've not been asked." Now, I can tell you now, Victor Curry, Reverend Curry, they were calling the Justice Department on yesterday, trying to get them in here, to send in the 101st Airborne by air to drop in. But the fact of the matter is, is that, if a person cannot vote, whether it's at the point of a bayonet, or it's because a ballot box doesn't arrive, or if it is because of human error, the fact is that that person has been denied their right to vote. And that's all right maybe one time, but when you have these hearings -- you've got statewide hearings on this, you've got special House and Senate committees, special 135 September 11, 2002 appropriations, you know, I don't think we can afford to send the signal to the people that I represent or that we individually represent, certainly that I represent, that nothing happened, nothing happened that doesn't warrant outside monitoring. Monitoring. I didn't ask for supervision. I'm saying monitoring. Because somebody's got a right to report and get the facts together. Commissioner Sanchez: But you need to be very specific on what you're asking for. But what's going to happen is, there's a lot of people out there, throughout the world, that, unfortunately, make a penny, you know, putting their face in cameras, and they're going to come down here and they're really going to tear us to shred, and that's what I don't want. Commissioner Teele: We're going to be torn to shreds. This thing is going to be on Night Line. You're going to have the Congressional Black Caucus. You're going to have people all over this country talking about "What are the people doing?" And I would at least like to be in a position to say that at least the City of Miami, recognizing we're the largest City, and recognizing that we do have a problem -- I mean, we do -- Commissioner Sanchez: Commissioner Teele, if you would yield. I recognize we did have some problems. I'm not defending the Department of Elections. There were some people that, for whatever reasons, were not allowed to vote. I stood in line for almost a half an hour, and I voted. Maybe people that -- you know, the polls were not open at 7 o' clock, they were opened at nine. And one incident that I did see on Channel 7, I believe, was in Broward, where they were leaving at seven, and they did not get the notice that they were to stay open -- the Governor's order to stay at nine. Those things are fine. But what I don't want is the perception, that what's going on down here is fraud, which some people want to send out the message, because, for whatever reason their ordinance didn't pass, or they were on the losing end, all right? And that's what I want to get at, that they were on the losing end, and now they're going to create all kinds of reasons why fraud, and corruption, and banana republic and God knows what other names they're going to throw at us that are going to be smeared on national TV and international TV, and, in the long run, it's going to hurt our image more -- and understand this, much, much more than it's being hurt right now. Commissioner Teele: I accept an amendment, that the resolution shall contain the language to say that the City of Miami is making no statement or allegation of fraud or misconduct or any type of -- but to preserve the integrity of the system. But to preserve the integrity of the system. Commissioner Sanchez: As long as those three words are in that resolution. Chairman Regalado: That's what we are asking, to preserve integrity. And the problem is that it doesn't matter whether you vote, because the gorillas are shooting, like in El Salvador, or because an incompetent department does not do their work. But the fact of the matter is that some people were disenfranchised yesterday, and -- Commissioner Teele: A lot of people. 136 September 11, 2002 Chairman Regalado: A lot of people. And I know of several cases in the City of Miami, one being my daughter, that couldn't vote, because they already signed, and the machine don't work. So -- Commissioner Gonzalez: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Gonzalez: There were -- Commissioner Sanchez, there were some of these problems happening in your own district. At the Cuban Center people were starting to vote at 11 a.m. in the morning. In Saint Michael at 10:30 in the morning, people were not able to vote, at 10:30 in the morning. A lot of people left the precincts and could never come back to vote. Grapeland Heights -- Commissioner Sanchez: And you witnessed this? Commissioner Gonzalez: And I witnessed this, because I was out there working the polls. Commissioner Sanchez: OK. Commissioner Gonzalez: You know, I was out there working with one of the candidates. Commissioner Sanchez: And I'm not going to dispute the facts. If you witnessed it, I take your word for it. I know that in my precincts, there were 14 machines. Six were broken, yes. But a lot of it, you have to understand, it may be media driven, it may be the people who have poisonous tongues out there, and that's what I want to -- I'm fine with the resolution right now. Commissioner Gonzalez: And let me tell you another problem, the problem maybe neither one of you know. These machines are supposed to be programmed for Republicans, Democrats, and Independents. There were some Republicans that their machines, what they were put on their machines, were programmed Democrats, and they couldn't find their candidates in the machines. And they were not -- you know, raising all kind of issues, because they couldn't find the name of their candidates in their machines. How can I vote for my candidate? And they were told, "Your candidate, you cannot vote for your candidate in this precinct." Chairman Regalado: Here's an email -- here's an email of a guy -- Commissioner Gonzalez: I mean, it was a mess. Chairman Regalado: Here is an email from a guy who complains that his machine suddenly turned to Spanish, and he couldn't understand. So, you know -- Commissioner Teele: Mr. Chairman, I think we have some consensus, but I do think this: Our Mayor is probably going to be brought into this thing, because Miami is Miami. I thought he answered very beautifully the questions about the operations of the port, the seaport and the airport the other night on CNN. 137 September 11, 2002 Commissioner Sanchez: I didn't know the City had the seaport and the airport. Commissioner Teele: But, hey, the Mayor did a great job. Commissioner Sanchez: He did a great job. Commissioner Teele: He didn't say we don't have that. He said it's doing well, and, you know -- and he did a great job. Commissioner Sanchez: They should give it to him. The County should turn it over to the City. Commissioner Teele: But I think, you know, what this resolution does, though, is it gives us something other than to say, "It's not my job," because nobody understands an elected official, who stands up and says, but you've got to understand, under the Constitution of Florida -- look, Jeb Bush, has more to lose, is going to be -- let me be very careful. Jeb Bush has more to lose, as a result of this fiasco, in Dade and Broward County than everybody combined. And you know what? He has nothing to do with it. People don't understand it. But that's the nature of the business we're in. When we're called upon, we need to be able to at least say, "It's not my job, but we're doing what our role is." And our role is to identify that we've got a problem, and to try to bring in the appropriate people to help in a long-term solution. And, so, I would ask that there be a roll call, Mr. Chairman, and call the question. Chairman Regalado: We have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-1014 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO REQUEST THE UNITED STATES DEPARTMENT OF JUSTICE MONITOR THE VOTING IN THE CITY OF MIAMI AT THE NOVEMBER 5, 2002 ELECTION TO ASSURE THE RIGHTS OF INDIVIDUALS TO VOTE; FURTHER STATING THAT THE CITY OF MIAMI DOES NOT ALLEGE FRAUD OR MISCONDUCT, BUT SEEKS TO ASSURE THE INTEGRITY OF THE UNITED STATES' DEMOCRATIC SYSTEM; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. 138 September 11, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 51. DEFER PROPOSED ORDINANCE TO BE HEARD ON SECOND READING TO CHANGE MEMBERSHIP COMPOSITION OF MIAMI SPORTS AND EXHIBITION AUTHORITY TO COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 10, 2002. Chairman Regalado: Commissioner Teele, we have a few minutes. 15A is a second reading ordinance regarding the Miami Sports and Exhibition Authority. Do you want to take that? Commissioner Teele: Well, I'm convinced that we probably shouldn't pass it up, but I think -- I don't know. Commissioner Winton, did you -- Commissioner Sanchez: That's the one I had some concern with. The MSEA? Commissioner Teele: I don't want to fight over that thing tonight. Vice Chairman Winton: I still would, I would love to pass it. In fact, there's a whole series of things I might like to do, but I'm willing to take -- this is an interim step. Commissioner Teele: I would ask for an interim of 30 days till the first meeting in October. Chairman Regalado: OK. Commissioner Teele: Move to defer it to the first meeting in October, but we ought to all try to figure out where we are on this, but not have a fight with each other about it. Chairman Regalado: We have a motion and a second. Vice Chairman Winton: Why -- excuse me. 139 September 11, 2002 Commissioner Sanchez: We don't fight here, Commissioner Teele -- Commissioner Teele: I don't mean fight. Commissioner Sanchez: We debate professionally, and a healthy debate. Vice Chairman Winton: We have deferred this for two or three months now and this is second reading. This isn't even first reading and so, why do we want to keep kind of pushing it along? Commissioner Teele: Because this is the budget month and I think we really should try not to get ourselves -- we ought to stay focused on the budget issues, and this could be -- they're a lot of people who feel differently from this than I do, and I really don't want to have the draining energy on this right now. Vice Chairman Winton: Don't want to have who? Commissioner Teele: The drain of energy. Chairman Regalado: OK. Vice Chairman Winton: Well, I understand that. Commissioner Sanchez: Give him a shot of Cuban coffee. Vice Chairman Winton: Yeah, I'm having some and I'm not supposed to have some. Commissioner Teele: Move that the item be deferred until the first meeting in October. Chairman Regalado: We have a motion and a second. All in favor, say "aye." It passes. Vice Chairman Winton: No. Chairman Regalado: OK, one no. Commissioner Teele: Did you all pass all the stuff on the wages -- I mean, on the calculation of retirements and all that? Chairman Regalado: Yes. Commissioner Gonzalez: Yes. Chairman Regalado: Yes, we did. We still have one that was deferred the $800,000 on the program income. Is that deferred? Commissioner Teele: That's deferred till the next -- 140 September 11, 2002 Chairman Regalado: To the next meeting? OK. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-1015 A MOTION TO DEFER CONSIDERATION OF PROPOSED ORDINANCE TO BE HEARD ON SECOND READING TO CHANGE THE MEMBERSHIP COMPOSITION OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 10, 2002. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman Johnny L. Winton ABSENT: None. 52. RELATED TO CARNAVAL INDEPENDENCIA DE CENTRAL AMERICA Y MEXICO FESTIVAL, CONDUCTED BY CICAMEX, TO BE HELD ON SUNDAY, SEPTEMBER 15, 2002; AUTHORIZE WAIVER OF ALL FEES AND PERMITS, $7,500.00; AUTHORIZE PROVISION OF IN-KIND SERVICES BY DEPARTMENTS OF FIRE -RESCUE AND SOLID WASTE; CONDITIONING SAID AUTHORIZATIONS UPON ORGANIZERS. Chairman Regalado: There is one issue here, I think, that Commissioner Sanchez has, something about the Central American Carnival. I see the people there. Commissioner Sanchez: Oh, yes. Yes, I do. Why don't -- yes, sir. Come up. This is a special appearance. Sir, could you state your name for the record and the reason that you're here? Luis Colindres: The reason I'm here is to raise awareness and -- Chairman Regalado: Name and address. What's wrong with the mike? Mr. Colindres: My name is Luis Colindres, coming from CICAMEX, Independence of Central America, who want to give event for September 15, this Sunday coming on 7 Street Northwest between 17th Avenue through 32nd Avenue. Commissioner Sanchez: Mr. Chairman, the Carnival Independencia Central America and Mexico is a dynamic festival of great value to our City. They held it last year. It didn't do very 141 September 11, 2002 well, but I think it was good for the entire community, especially the district that I represent where it's being held. It had representation from everyone. It brought the City and thousands of residents that visited and they enjoyed a day with cultural foods and of five Central America countries and Mexico. They -- last year you cancelled it because of 9/11, correct? Mr. Colindres: Exactly. We cancelled but we give it September 30. Commissioner Sanchez: And basically, all that I'm asking is that -- they respectfully request that the City waive the solid waste and the fire fees, as well as the police surcharge fee, not the Police Department. You're paying the Police Department, correct? Mr. Colindres: Yes, we do. Commissioner Sanchez: You're just going to ask that the police surcharge fees incurred by the September 15, 2002, that's when you're going to hold the event, so that what this is all about it and I would make that motion now. What is the total, Mr. City Manager, that we're looking at in waivers? Christina Abrams (Director, Public Facilities): The total amount of fees -- Christina Abrams, Director of Public Facilities. The total amount of the fees is $11,730.77. Commissioner Sanchez: But they are paying for the Police Department? Yeah, they're paying for the Police Department, I told them. Mr. Colindres: Yes, we did. Commissioner Sanchez: They're not paying for the police surcharge, but they are paying for the officers, so I don't think that it's $11,000. Mr. Colindres: Exactly. Ms. Abrams: So the amount then would be -- the amount for police is $7,530, so if you deduct that from the amount, it's approximately $5,000. Commissioner Sanchez: Well, that's what I'm respectfully requesting that we waive. Chairman Regalado: Commissioner Sanchez, I've been involved also because one of my colleagues on the radio is one of the organizers, and I know this is in your district, but let me tell you, this year they are bringing a group of journalists and five radio stations from Costa Rica, Nicaragua, Guatemala will be broadcasting live all Sunday from Little Havana to their countries, and I think that this is a huge promo for the City of Miami, so I think that you're right in supporting this because we are going to have many, many free hours of promotion from these radio stations, have a tremendous audience in Costa Rica, Nicaragua and Guatemala and Honduras, too, so we are reaching next Sunday all Central America through these radio stations. Commissioner Sanchez: Do we have a second on this, Madam Clerk? So move. 142 September 11, 2002 Chairman Regalado: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: OK. Thank you. Mr. Colindres: Thank you. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1016 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE CARNAVAL INDEPENDENCIA DE CENTRAL AMERICA Y MEXICO FESTIVAL, CONDUCTED BY CICAMEX, (THE "ORGANIZER"), TO BE HELD ON SUNDAY, SEPTEMBER 15, 2002, BETWEEN 10:00 A.M. TO 8:00 P.M., AT NORTHWEST 7TH STREET, FROM 18TH TO 22ND AVENUES, MIAMI, FLORIDA; AUTHORIZING THE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW AND THE PROVISION OF SERVICES, IN AN AMOUNT NOT TO EXCEED $4,200.77; AUTHORIZING THE ALLOCATION OF FUNDS FOR SAID SERVICES, FROM THE SPECIAL EVENTS ACCOUNT, CODE NO. 001000921054.289; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. Upon being seconded by Chairman Regalado, 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 143 September 11, 2002 53. DIRECT MANAGER AND CITY ATTORNEY TO JOINTLY REVIEW PROBLEMS EXPERIENCED BY PANZEGNA WOOD, MINORITY VENDOR AT BAYSIDE SPECIALTY CENTER, AND REPORT BACK TO COMMISSION IN 30 DAYS. Chairman Regalado: Where is Panzegna? She -- OK. We -- yes. Commissioner Teele, this issue has been before this board several times and Panzegna, she's not in the agenda, but she requested two minutes. She needs to say something to the City Commission and -- so, go ahead, ma'am, your name and address. Panzegna Wood: Panzegna Wood, 13364 Southwest 108 Street Circle, in Miami. Thank you for the opportunity to come back again before the board. I'm asking for the City to look into the charter amendment that governs the use of public land for private use, i.e. the Bayside limited partnership because my rights are covered underneath that agreement. I still -- this is going into the sixth month. I still am not back in my store. It's still locked up. My merchandise are still in storage and, you know, I just can't meet my living expenses for myself and my family, and if you do look into the charter agreement, you will see that the Rose Company is in violation based on the lease agreement that you have with them, and you can resolve the issue by looking into that so -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Ms. Wood: I have certain sections of the agreement that I wrote down. Section H -- Commissioner Teele: All right. Well, I'm prepared to ask -- again, I'm prepared to ask the Manager, preferably with the Audit Department and the City Attorney, to jointly -- to look into the matter and to give us a report within 60 -- within 45 days if that meets your request. Ms. Wood: It should be earlier, Commissioner. I'm, you know, almost going to be broke in the next couple of -- Commissioner Teele: Well, within 30 days. All right. Well, then, I would move -- Ms. Wood: I been six months without working. Commissioner Teele: Well, then I would move that the City Manager and City Attorney be request -- are requested to look into the matter and to report back to us within 30 days. Vice Chairman Winton: Second. Ms. Wood: Thank you very much, Commissioners. Commissioner Teele: Call the question. Chairman Regalado: We have a motion and a second. All in favor, say "aye." 144 September 11, 2002 The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-1017 A MOTION DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO JOINTLY REVIEW PROBLEMS EXPERIENCED BY PANZEGNA WOOD, A MINORITY VENDOR AT BAYSIDE SPECIALTY CENTER, AND REPORT BACK TO THE CITY COMMISSION IN 30 DAYS. Upon being seconded by Commissioner 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 Ms. Wood: Thank you very much. Chairman Regalado: You're welcome. 54. REQUEST MS. HEIDI JOHNSON WRIGHT TO PROVIDE CITY WITH IDEAS ON CITY'S COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) AND HOW TO BETTER SERVE OUR RESIDENTS WITH DISABILITIES. Chairman Regalado: Let me say something. I have something in the blue pages that I been deferring and deferring and I think it's important, and the fact that it's been deferred for so many times is not -- is because of the lack of time we had, but there is a resident in District 4 that she is an expert in ADA (Americans with Disabilities Act) compliance, and I think that the City needs the ideas of a person that is so involved in this kind of actions that we do need. Recently, there were some curb reconstruction and after the curb reconstruction they realized that they didn't do they didn't follow the ADA guidelines so they have to do it all over again so I am asking the City Commission to request from Ms. Heidi Johnson Wright, she's a resident of Shenandoah her ideas on the City of Miami and the compliance with ADA. She work -- Commissioner Sanchez: Miami Beach. Chairman Regalado: -- in Miami Beach, right, and she wants to volunteer and do this for the City of Miami as a new resident, and I think that we can -- she was the City of Miami Beach 145 September 11, 2002 ADA Coordinator, the founder of Disability Articles, Technical Consultant Taking Flight and the State of Ohio Department Of Commerce; she was their coordinator for the ADA, so what I'm asking is that we ask her to give us ideas on how to better serve the persons with disabilities in the City of Miami, so do -- Commissioner Teele: What do you want, a motion? Chairman Regalado: I need a motion. Commissioner Teele: I would 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. 02-1018 A MOTION REQUESTING MS. HEIDI JOHNSON WRIGHT TO PROVIDE THE CITY WITH IDEAS ON THE CITY OF MIAMI'S COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) AND HOW TO BETTER SERVE OUR RESIDENTS WITH DISABILITIES. 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez Chairman Regalado: OK. 146 September 11, 2002 55. FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS FOR CITY FOR PURPOSE OF TAXATION; FIXING MILLAGE AND LEVYING TAXES IN CITY, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. ENDORSE MAYOR'S RECOMMENDATIONS AS CONTAINED IN HIS BUDGET PRESENTATION; REQUEST MANAGER TO AMEND BUDGET MILLAGE ORDINANCE TO CONFORM WITH MILLAGE AND BACKGROUND MATERIALS OF FIVE-YEAR PLAN, BASED UPON MAYOR'S RECOMMENDATIONS, AND IF DISAGREEMENTS, THAT ALTERNATE BE SUBMITTED BY MANAGER. DIRECT MANAGER TO CREATE TWO NEW EXPENSE ACCOUNTS OF GENERAL FUND OF CITY DENOTING (1) APPROPRIATION OF OPTIONAL GAS TAX REVENUES TO CAPITAL IMPROVEMENTS PROGRAM, AND (2) APPROPRIATION OF STORM WATER UTILITY FEES TO CAPITAL IMPROVEMENTS PROGRAM. DIRECT MANAGER TO DRAFT RESOLUTION FOR INTERNAL STUDY AND REVIEW OF FIRE ASSESSMENT TO BE CONDUCTED AND COME BACK WITHIN 180 DAYS WITH RECOMMENDATION TO REDUCE FIRE FEE BASED ON PRINCIPLES OUTLINED. DIRECT MANAGER TO AMEND TABLE OF ORGANIZATION OF CITY TO HAVE OFFICE OF HEARING BOARDS REPORT DIRECTLY TO MANAGER INSTEAD OF ITS CURRENT POSITION UNDER DEPARTMENT OF PLANNING AND ZONING. DIRECT MANAGER TO BRING BACK MODIFIED RECOMMENDATIONS INCREASING ALLOCATION FOR PROMOTION OF CITY FACILITIES BY $50,000. Chairman Regalado: OK. It's 5:05. It's time for the budget hearing. This is a public hearing on the City of Miami budget for the year 2002/2003. Commissioner Gonzalez is not here. You want to take a five minute break? Or -- OK. We'll be taking a five-minute break. We will be waiting for the full Board, plus the Mayor, and then the Manager and the Mayor will give us their ideas on the budget. Five minute break. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 5:05 P.M. AND RECONVENED AT 5:19 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. Chairman Regalado: OK. We're back. This is a public hearing for the proposed budget 2002/2003. We have the Mayor of the City of Miami, Manuel Diaz with us. He is going to present to the people of Miami and the City Commission his proposed budget. We will then hear the City Manager, Carlos Gimenez, with his ideas and proposed budget. Mayor Diaz. 147 September 11, 2002 Mayor Diaz: Thank you, Mr. Chairman. In keeping with the City Charter, I join you here today to deliver my budget address and to outline my priorities for the coming fiscal year. Before I begin, I would like to take this opportunity to thank the members of this body for granting my request to create the position of Senior Advisor to the Mayor for Finance, which, for the first time has allowed the City's elected officials to actively participate in the budget process. Since assuming the Office of Mayor some ten months ago, Miami has experienced a great many successes. With the assistance and support of this Commission, I have undertaken to refocus this government on the following four priorities: Improving the economic situation of our citizenry through responsible tax cuts; making the required capital investments that will facilitate future economic growth; safeguarding the City's future fiscal solvency and ensuring the delivery of quality services to enhance our quality of life. As you will see, the proposal that I will present today reaffirms this government's commitment to these four overriding goals. While the lingering effects of September 11th and the national economic slow -down have caused other metropolitan areas to face soaring deficits that have prompted real cutbacks in services, we have been blessed with continued growth in our local tax base. This growth will allow us to meet existing obligations and embark on a course of sustaining public investment. Our current fiscal situation sharply contrasts with the City's past financial and political instability. Much of this new stability is a credit to the hard work and leadership provided by this Commission. Despite our difficult past, Miami remains poised for unprecedented growth. Future growth, however, is contingent upon the continued improvement of both the City's financial and operational Management and a sustained focus on infrastructure improvement and investment. Success in both of these areas will require a long-term commitment. Planning for success requires that we examine our financial situation, utilizing a five-year frame, as opposed to merely on a year-to- year basis. Prudence, a multi-year focus and a penchant for conservative forecasting have guided the development of this proposal by my office; each of these, in turn, assuming a heightened level of importance in the face of an increasingly uncertain economic climate. Priority Number 1: Delivering tax relief to City residents. Ensuring future growth requires that the City do what it can to improve the economic well being of its residents. During these tumultuous times in our recent past, the greatest sacrifices were borne by the average taxpayer of the City of Miami. In the midst of a growing fiscal crisis, Miamians repeatedly answered the call for help, repeatedly reaffirming their commitment to our City. In recognition of their past sacrifices and continued commitment, my proposal calls for our commitment to reduce the City's millage tax rate every year for the next five years. These long overdue tax cuts represent a savings to our taxpayers of over twenty-one million dollars. In this budget year, homeowners in the City will enjoy no increase in general taxes, because the proposed millage rate reduction of 1.6 percent will completely offset the County's increase in assessed values for homestead properties. This commitment to sustained tax cuts will greatly enhance the City's competitive position vis-a-vis other jurisdictions within Miami -Dade and our region. Priority Number 2: Increasing capital investment. Improving the City's competitive position requires more than just sustaining tax cuts. Tax reductions must be coupled with needed capital investment that will facilitate and leverage additional private investment. We must commit our City to this task and demonstrate this new commitment by substantially increasing contributions to the Capital Improvements Program. In the past, we, as a City have failed to prioritize capital investments against ongoing operational needs. In this time of relative prosperity, it is important that we not squander the opportunity to reinvest in the civic enterprise. To this Commission's credit, a ballot item to secure two hundred fifty-five million in needed resources for capital investment was passed last 148 September 11, 2002 November. Our commitment to capital investment, however, must extend beyond special debt issuances and become a recurring budget priority. As such, my proposal calls for increased contributions to the Capital Improvements Program over the next five years totaling $70,000,000. Additional resources will be strictly used to improve the conditions of such things as City streets, curbs, gutters, flood mitigation, storm sewers, streetscapes and greenways that will improve our urban living environment. This enhanced level of investment will be achieved by ensuring that resources available for capital projects are spent only on capital projects. Past practices acceptable during times of financial crisis must cease. We must recommit this government to using capital resources for the sole purpose for which they were intended. Capital sources will no longer be viewed as stop gaps to meet ongoing operational cost, but as public investments meant to leverage private investment. Each of us recognize that the best economic investment a City can make is in its infrastructure. Infrastructure investment can catalyze private investment that can help grow our commercial tax base. Increases to our commercial tax base will increase the likelihood that we can deliver additional tax relief to City residents. This additional $70,000,000 funding for capital projects over the next five years will be achieved by directing local option gas tax and storm water utility resources away from the general fund and into the Capital Improvements Program account, where they belong. Coupled with the substantial resources available through the recent bond issuance, existing unexpended and appropriated CIP (Capital Improvements Program) balances, existing unallocated revenues and future bonding capacity, the City will have at its disposal approximately $481,000,000 for capital projects over the next five years. Increased resources alone, however, will not assure the desired results. As such, included in this proposal is the creation of the Capital Improvements Program Department. This new department will be solely focused on implementing those projects from the resources from our bond and Capital Improvements Program accounts. The remarkable growth in our tax base has allowed us to embark on this new course of capital investment. However, we must continue to exercise the same level of fiscal prudence and discipline that has characterized this Commission. As such, over the five-year life of this proposal, existing reserves of approximately $95,000,000 will be increased by nearly an additional $30,000,000. Conservative estimates of revenue forecast have been utilized to provide the City the necessary cushion in the event any unanticipated decline in revenue should occur throughout this period. Efforts to reduce the tax burden borne by City residents and provide adequate levels of investment have been properly balanced against the need to preserve the City's continued strong fiscal solvency. While our other three priorities are requirements for ensuring future growth in the City's tax base, a focus on this fourth priority is a requirement if we wish to create a quality living environment. Great cities all share common characteristics. Chief among these are a quality park system, a modern communications infrastructure, a responsive City Administration, a vibrant arts and entertainment community, clean, safe streets, a suitably designed living environment and an adequate transportation infrastructure. This proposal includes funding for initiatives in each of the aforementioned areas that impact the quality of our lives. With regard to parks, we must make a greater effort to adequately fund our parks. Improving the quality of both the amenities and programming within City parks remains one of my highest priorities. The bond monies approved by our voters last November provide the much needed funding for capital improvements within our City parks. However, our City must provide the necessary resources for the express purpose of providing much needed after-school programming for our children. The five and a quarter million dollars allocated in my plan will help address the immediate demand for quality programming within City parks. These funds will be placed into a trust or an 149 September 11, 2002 endowment to be created for the sole purpose of developing after-school year-round programming activities for our children, and will be leveraged to obtain additional private and public grants and contributions. Finally, in keeping with my pledge to make Miami's parks a nationally recognized system for recreation, this proposal provides funding for the development of a parks master plan. This master plan will help provide the City with quality standards for both amenities and programming that can be used to benchmark our progress. In addition to a signature parks system, a hallmark of any great municipal government is a modern information technology and communications infrastructure. The various information technology initiatives identified and funded within this proposal mirrors many of the recommendations included in the information technology master plan. As I noted in my State of the City Address, continued operational stability requires the development of greater financial sophistication and improved timeliness in our financial reporting. This proposal includes appropriations for a number of priorities outlined in the information technology master plan. Nine million is included for the Citywide implementation of an enterprise resource planning financial system, as well as funding for the acquisition and installation of a much needed computer-assisted dispatch system for our City's Public Safety Department. These new funding initiatives will significantly enhance the City's administrative efficiencies and controls. Improvements in the City's information technology capacity must also be coupled with investments in our accountability system. Residents demand and deserve a City government that provides timely and accurate assistance. In an effort to improve the responsiveness of City staff and create greater accountability throughout our government, funding for the implementation of a Citistat system is included within this proposal. This proposal allocates four hundred twenty-nine thousand to underwrite the creation of the Office of Citistat, together with a million, point seventy-eight -- one point seventy-eight million in capital funding for the purchase and implementation of a complaint tracking system. Each of us has stated on numerous occasions our shared belief that customer service must be job number one for all City employees. This Commission has in recent years taken proactive steps to ensure that all City employees receive customer service training. We must now take the required steps to ensure that elected officials are adequately staffed to respond to the many needs of their district constituents. As such, the proposal includes a recommendation to raise each of your respective office budgets to $300,000. The creation of the Office of Citistat and the companion complaint tracking system will complement the required training and additional staff support to your offices. More importantly, these new resources will help our Administration exercise greater oversight with regard to staffs responsiveness when addressing citizen complaints and requests for assistance. The creation of this office and the accompanying appropriations signifies our collective commitment to elevating the City's level of constituent service. Earlier this year, this body passed legislation creating a new Arts and Entertainment Council. This action was taken not only because of the immense opportunities for growth that exists within this area, but also in recognition that a truly world class City cultivates and invests in this kind of activity. In recognition of the complexity of this undertaking and the need to provide competent support for this high profile Council, my proposal includes funding for the hiring of an Arts and Entertainment Council Liaison. This individual will be called upon not only to staff the Council, but also to serve as the City's liaison on all matters related to the arts and entertainment. To further support the activities of the Council, my proposal will include an appropriation of $500,000 for the Special Events Fund. In October of this year, my office will present a plan that will propose changes to the existing process utilized to fund special events an organizational function within the City Administration. Our Clean Up Miami Campaign will 150 September 11, 2002 continue into this new fiscal year. Improving the cleanliness of our streets is a natural complement to our new emphasis on capital investments. In this proposal, the requisite funding to complete the implementation of our One -Armed Bandit Program throughout the remaining areas of the City is included. Surplus sanitation work is no longer assigned to trucks, but now join the core of employees who will focus on trash pickup and cleanup efforts in neighborhoods throughout our City. As in the pilot program, surplus staff will be assigned to the Solid Waste Department, who will supervise their deployment in the field. Another new initiative included in the proposal includes funding for the creation of a Citywide master plan. This master plan, funded with an initial allocation of $750,000 will help us to develop smarter zoning codes that will not only specify use, but establish minimum requirements for design within each particular zoning category. Similar codes have been adopted in communities across the State of Florida, such as Sarasota and West Palm Beach. This multi-year project, spearheaded by our Planning and Zoning Department, will result in the adoption of standards that will lead to the development of a higher quality urban living environment. In addition, funding has been provided for the creation of two dedicated personnel in our Planning Department to address the City's long-term transit and transportation needs. It is important when considering this proposal that we remain cognizant of the fact that the aforementioned goals, tax reduction, increase capital investment, increases to reserve balances, increase funding for City parks and continued investment in other areas have all been incorporated without accounting for the likely efficiencies of the continued existence of the parking surcharge. In the coming months, I will be working closely with each of you and City staff to identify areas within our existing operations where efficiencies can be realized. A review of the Police Department is underway and will continue in the coming fiscal year. Adequate funding to support this review is included. In the coming weeks, the City will be hiring a consultant to assist with these assessments. Funds have also been allocated for a thorough review of our compensation, benefits and pension structures. Finally, an analysis of our Risk Management operations is also underway and fully funded. These and many other efficiencies can be accomplished and will require the cooperation of elected officials, City staff, unions and City employees. In my State of the City Address, I promised to involve employees intimately in this process through the creation of a Labor/Management Council. As agreed upon during the recently completed negotiations with the four Collective Bargaining Units, I would respectfully request that this body adopt a resolution creating the Labor/Management Council. This committee's charge shall be to examine departmental practices and propose administrative policy changes that will generate operational efficiencies. I would respectfully recommend that Commissioner Teele chair this committee, and that the balance of the members consist of a representative from the Office of the City Manager, Human Resources Department, Department of Labor Relations, the four Collective Bargaining Units and my office. Lastly, it is my belief that future salary increases for staff be linked to the savings resulted from the innovations and increased efficiencies in the service delivery identified by this special committee. Much remains to be done to assure our City's rightful place among the greatest cities in the world. This proposal provides the needed direction and foundation to launch us upon that trajectory. I look forward to counting upon your continued support and thank you for your time and thoughtful consideration of my recommendations. Chairman Regalado: Thank you, Mr. Mayor. Commissioner Teele: Mr. Chairman. 151 September 11, 2002 Chairman Regalado: Yes, sir. Commissioner Teele: I'd like the record to reflect that the last budget proposal we got from the Mayor was about a half a page long, and I do want to say to the Manager and the Mayor how much I really appreciate the joint efforts that are going into this real formulation. But I think, Mr. Mayor, you focused on the essential issue that is missing. I think the staff, the Management of this City has done more than its share for the last 15 to 20 years in developing budget. I think the missing link has been the absence of elected leaders, elected officials in their respective positions in being engaged in this process. I note specifically that you have availed yourself of an opportunity that your predecessor had. The position that you made reference to was approved under -- some two years ago, when we talked about the need to have a budget component in the Mayor's Office, as we also have talked about the need to have a budget component in the Commission office, at least in the Chairman of the Commission's office. But I do think that what we're doing now is literally bringing a check and balance, and stability, and preventing and ensuring in the long-term that we will never have to see another Oversight Board by having this elected official review. And in that regard, I hope that the Management and the Manager, directly, understand that this was a request that we made of you, and we specifically funded a position for your office, and that while this may be a new process and it may be -- we're a little late in the time line that in the future years that this process will continue and will be more refined. And I again want to commend the Manager for his role in the budget, but particularly, I want to salute you, Mr. Mayor, for accepting the responsibility for the first time that I have been in the City of Miami, and watched City Commission meetings, as I've watched as a citizen, that the elected officials or an elected official is taking some responsibility for the budget. The solution in the City Commission chamber was let the Management figure it out. And, I mean, I think we all can remember how we would say, well, let the Manager figure it out. And it got so at far one point we had to say, well, let's just pass the budget bottom number, and let the Manager figure out all those other numbers on top of the line. And we've come a long way from that. And so I just want to again pledge to you that I think that this process really makes the Oversight Board process history, because with this process we will begin, I think, a more helpful dialogue. And I really would enjoin the Management to -- as the Charter requires -- that we have to get the Manager's recommendations. And I don't know how much of this we're going to have a written Manager's recommendation. But we do have to be faithful to our Charter, in that -- in this, as long as we've got this form of government. And so I would hope that over the next two weeks, rather than debating a lot of these -- if there are issues tonight, over the next two weeks, the Manager would prepare a draft and submit to your office, and so that at the last budget hearing, we can have sort of a -- hopefully, a rubber stamp, a really rubber stamp, because the work is being done in this format. And I think this is very helpful. Thank you, Mr. Mayor. Chairman Regalado: Are we ready to hear the Manager's budget? Any other questions to the Mayor or are we going to do this after we hear the Manager? OK, Mr. Manager. Carlos Gimenez (City Manager): Thank you, Mr. Chairman. I also want to thank the Mayor for all the time that he's taken on the preparation of this budget. And we've had a series of discussions on the budget. I think you'll see that in the presentation we're about to make, most of the Mayor's initiatives will be addressed. Also, the initiatives that you all relayed to us during 152 September 11, 2002 those workshops will be addressed, and that we're pretty much in concert. There are a couple of differences between our recommendations and the Mayor's. And I think that I'll take your recommendation, Commissioner Teele, and sit down in the next couple of weeks and see if we can resolve those issues. I don't think they're major. It's just a different way of doing things, that's all. But it's not really a large variance from one to the other. And the basis of our preliminary budget is we align the allocation of our available funding to the priorities that were established by the elected officials during their workshop on April 16th and July 15th. The priorities that were established were the implementation of the voter approved bond projects, implementation of the Clean Up Miami Campaign. We needed to address better the infrastructure needs of the City. Also, address the neighborhood needs, achieve better short-term and long-range forecasting planning models. How we did that is -- the first thing is today, we met our new Capital Improvements Program Team Manager, Ms. Palacino. We're going to coordinate all the personnel from different departments into a central office that will really focus on CIP. And we share the Mayor's concerns and his vision that it should all be put into one office, totally focused on getting our Capital Improvement Project underway. As he said, we have in the bank now probably over a quarter of a billion dollars to spend on capital projects, and we need to get those going. And we have future allocations of money that will increase that pot to close to $500,000,000. We established five new positions in fiscal year '02 to lead a CIP Team that will help Ms. Palacino get going and get that team organized, and help us do those projects in a quicker fashion. We-- there was an implementation of the Clean Up Miami Campaign. We transferred staff from NET to consolidate clean-up efforts. And we also added new personnel in the Department of Solid Waste. We fully funded the One -Armed Bandit Trash Collection System, and it will be implemented Citywide this fiscal year, due to the direction of the City Commission on that particular issue. The implementation of that One -Armed Bandit System will free up another group of Solid Waste workers to further enhance our clean-up efforts in the City of Miami in the next coming years. We addressed infrastructure needs. The infrastructure assessment is to be completed by the first quarter of fiscal year 2003. We appropriated additional recurring local option gas tax revenues to capital. That's about $7,000,000 annually, which we also put that in the five-year program. That gives you about $35,000,000 additional to infrastructure in the City of Miami. Further funding needs to be addressed, you know, during the preparation of the City's five-year Capital Improvement Program, and hopefully, as you go from budget year to budget year, you can appropriate more money to CIP. Addressing neighborhood needs. The Customer Service Request System, this is a system that centralizes service requests in one unified system, tracks, you know, resolutions and provides Management reports for evaluation on effectiveness, timeliness and efficiency of the resolution of the complaint. That's fully funded for next year. We also fully funded what we're calling for right now, for lack of a better term, our Citistat Office, which will create performance standards for departments, which we can hold department heads and also operational folks accountable to those performance standards. The Citistat Office will track data to make sure that we are actually meeting our performance goals in all areas of operations of the City. That, I believe, will be the Management tool that we need in order to create greater efficiencies and provide better services to the citizens. Receiving better short-term and long- range forecasting planning models. We have the IT (Information Technology) Strategic Analysis conducted in fiscal year 2001. It's highly recommended that we move to a ERP (Emergency Repair Program) System, and we have funding to do so in this fiscal year. The Administration has identified funding in fiscal '03 for the ERP System, and there follows general 153 September 11, 2002 fund, 4.5, blue ribbon reserves, Police funding and Fire funding. The reason we need to move this is because in two years that's -- our financial system will no longer be supported, so we need to get to a new financial system. There is money in this budget to do so. The budgeting guidelines were established by myself for the departments. The departments were directed to develop goals and objectives consistent with your priorities. There is no increase in personnel or operating budget unless fully supported by a need analysis. Current budget compared to prior year actual expenditure levels for establishment of a baseline budget analysis. We prepared revenue forecasts with input from departments, and refined them with the staff of the Mayor's Office. We held budget workshops with department directors, staff from the Budget Department, staff from the Mayor's Office and my office. We held numerous briefings with the Mayor. We conducted a budget workshop with elected officials on preliminary budgets last month. We also -- something we did after that, we reviewed the forecast with an estimating conference. And the estimating conference consisted of a former City Manager and Dade County Finance Director Edward Marquez, former Assistant City Manager and current Broward County Assistant County Manager Bertha Henry, the Finance Director and the Budget Director to look over each line item, line item by line item, on expense and on revenues, and so you will see in the new five-year program projection, there were differences from what we had in our workshop last month, due to the estimating conference. This is similar to the process that we did while we were under the Financial Oversight Board, and we are continuing that process. Commissioner Sanchez: Mr. Manager. Mr. Gimenez: Yes, sir. Commissioner Sanchez: If I could interrupt you for a minute. The estimating conference, did they have any concerns? Mr. Gimenez: Yes, they did. There is a letter to the Mayor and the Commission about their concerns, but we took care of those concerns in the budget. So when they -- They had some concerns in terms of the health cost projections for future years. That's why you saw the decrease in the surpluses, and you actually see a deficit in year five in our current projections. Commissioner Sanchez: Thank you. Mr. Gimenez: Our proposed millage rate is 8.895. However, we agree with the Mayor's recommendation, and we feel that we can reduce it another .05. I believe that's what the Mayor is recommending, so that the person with a homestead that has been here for over a year will not see an increase, actual increase in any taxes on the operating millage from last year to this year. That will have a decrease of about, I think, 1.6 percent. Our debt service millage as proposed is to be at 1.218. This is what was passed by the voters. We have just floated a $155,000,000 issuance of bond, and this is what we need in order to pay that debt. Solid Waste fee of two - twenty -five is no change. The residential fire fee of $61 is no change, and other taxes or fees, they're going to continue at the current rate. That's what we are recommending. Expenditure increases. You'll see expenditure increases due to COLA (Cost of Living Allowance) and anniversary levels consistent with the union contracts. Like I said, in the workshop, this is probably the year it's going to have the greatest impact. The actuarial requirements for pension 154 September 11, 2002 will be offset with eight point eight million budgeted fund balance rollover from this fiscal year. We also upped the static funding for pensions from seven million to ten million over the five- year projection or the five-year forecast. We have increased health insurance cost. They were partially absorbed through increased premiums for retirees and employee contributions. Some of that was due to the contract negotiations. We have increased property insurance premiums of two point seven million dollars, which apparently we've looked at different cities and counties, and this is not out -- you know, this is not out of sync with what's going on in the industry nationwide, after September 11th. And we have increased workers' compensation costs of one point three million. We also agree with the Mayor that this is one area that we can come up with significant savings through a thorough analysis of Risk Management. Service enhancements. We increased staffing, the second shift to maintain -- in GSA (General Services Administration) to maintain heavy equipment, the One -Armed Bandit trucks, to make sure that they are up and running all the time, and also other heavy equipment. Parks and Recreation, we increased staffing for new Parks programs and new Parks facilities. NET (Neighborhood Enhancement Team), we added new Code Enforcement Inspectors. Police Department, we had to retain approximately 21 officers that were formerly grant funded. Had to put them in the general fund. Later this month, I'll be flying to Washington, D.C., to meet with the COPS (Community Oriented Policing Services) Program, Personnel Department of Justice, to see if we can lower our base and slide that over to -- back to the grants, where I think that's where they belong. In Fire -Rescue Department, we added two new Fire -Rescue units during the last fiscal year. There's funding in this particular budget to maintain those units and service. In Planning and Zoning, we added new staffing to deal with transportation issues. There are two people now that will be solely -- their job will be solely to help us with transportation issues. We have never had this kind of focus on transportation issues in the past in the City. Public Works, there will be much -- they will be focused completely on operations. And also, they've been directed to fill all the vacant positions that they have. So they should have an increase in personnel in the street next year. Grants Office, we consolidated all grants operations to one office. If you weren't aware of it, there used to be grants people in Police, and Fire and different departments. We're taking -- we're consolidating all of that into one office, under one head, to really focus on trying to get much more aggressive in our going after grants, which there are a number of that we could have taken advantage of a number of years ago, and it just slipped through our fingers. We don't plan to have that in the future. In Arts and Entertain Board, we established new positions, a liaison to the Administration for that Board in the next fiscal year. We have budgeted reserves per the financial principles of $5,000,000, and we also have an anticipated surplus at the end of fiscal '03 of $4,800,000. We also created an expense stabilization reserve, which we are going to be using some of the forecasted surplus from this fiscal year that will go into this reserve amount, which will take care of variations or will help the City deal with variations in expenses, which are unforeseen. One of them, which is not entirely true -- it's not unforeseen -- we know that there is an $8,000,000 issue with pensions this year. We'll be using part of the $13,000,000 to fund the increase in the pension cost for this year. It will leave you another -- a balance of $5,000,000 to hopefully deal with that issue in fiscal year '04. We don't know what the cost of pension is going to be until we get the actuarial report from the union and our own actuarial report later on this year. It may be that we need to put more money aside into that reserve to pay for higher -- if it's going to be more than $15,000,000, you're going to have to put some reserves aside in order to make that pension payment for your fiscal year '04. The next is a fund summary of all the funds. The bottom line, the combined proposed budget is $577,000,000. 155 September 11, 2002 That includes the general fund, special revenue and debt service fund. In positions, we are having a decrease of 104 positions citywide from 3,823.25 full-time equivalents to 3,719 full- time equivalents. On our general fund five-year forecast, we're still showing a four point eight million dollar surplus at the end of this year. Last year, we used that -- this fiscal year, we used this surplus when the City Commission directed us to implement the One -Armed Bandit Program and fast-track that. That's what we used this fund balance for. That surplus is -- can be used for a variety of things during the year that the Commission can direct the Administration to use that for a number of things, whatever it is you want. You can move it to CIP, you can move it to -- as Commissioner Teele said, have some money available for studies that you may want to do, et cetera. The out years, because of the -- we increased our assumptions for expenses in the health care field, it fit into our surpluses for year '04, '05, `06 and actually flipped '07 into a negative $7,000,000. Now, you know, I need to say that all five-year forecasts, at least that I remember while I've been here, the fifth year has always been a somewhat negative year. And actually, years '03, '04, '05 sometimes showing a negative. This is a forecasting tool. This is also a tool that will clue in the Administration, and hopefully, the elected officials to say that we've got some issues, you know, in the future that we have to deal with. This is certainly a very manageable situation. You have five yeas to deal with it. One other thing, though, for fiscal year '05, '06 and '07, there are no cost of living adjustments in that forecast. So anything to do or any cost of living adjustments, any other benefit enhancements through the -- that may be given through the collective bargaining that we will be going through in -- starting in April of 2004 will have a negative impact on the bottom line on the five-year forecast. Next is our fund balances. We're estimating that in the beginning of fiscal year 2003, our fund balance is going to be in the vicinity of $98,000,000. One of the things you'll see that's a difference is the expense stabilization reserve, where we put $13,000,000 into that. We know that right off the bat, we're going to be using about $8,000,000 of that. So our fund balance really will be about $90,000,000 at the beginning of fiscal year '03. The outlook, the assessment of future revenue, we have not input increases in tax valuations from the major developments such as Watson Island, anything that happens in Bicentennial Park. I know we are trying to move on the FEC (Florida East Coast) Corridor. We have not made any assumptions with that in terms of increasing revenue. The Design, the Club District and anything to do with the Miami River, those have not been forecasted and those are opportunities for the City. The simplified telecommunications tax that was revised in fiscal year 2002, there are still issues with that particular tax, and we have allocated $8,000,000 into a reserve account, so that if there may be some claims against that tax, we have a reserve amount that will not affect the bottom line in the future. If it turns out that all the issues are resolved, that's $8,000,000 additional that you could use for other purposes. The assessment of future revenues, you need to look at the interlocal funding agreements with DOSP (Department of Off -Street Parking), with MSEA (Miami Sports and Exhibition Authority), DDA (Downtown Development Authority), CRA (Community Redevelopment Agency) and Bayfront Park for opportunities. Considering future expenses, you have the future union negotiations that will start in April of 2004. And like I said, we have no projected total increases in the outer years, in years -- fiscal year '05, '06 or '07. We have the problem of increasing fringe benefit cost, health insurance and there is a possibility of increasing pension obligations due to the market conditions. Normal maintenance is not fully accounted for as of yet, and we do not -- we have not put into the forecast any increased operational cost resulting from the capital projects that we're going to be embarking on. We have some long- term obligations. We have funded a reserve account for some pending litigations, but there is 156 September 11, 2002 also the issue of the accrued employee benefits that has not been fully resolved in terms of fully funding those benefits. I don't believe that we really need to fully fund those benefits. In terms of any reserve account, you should have a percentage of those accrued employee benefits in reserve, in case you have a -- either a lot of people leaving that were not -- we didn't anticipate. But we normally pay as we go on accrued employee benefits. And the infrastructure assessment funding, we know that at least the initial on streets and drainage, we assessed at least $400,000,000. And while we put more money into infrastructure to address this, that's a recurring problem with the City. The Mayor, in his budget proposal, you know, added more money into this particular -- into infrastructure. And if the opportunity, you know, arises, I would also recommend that we put more money into CIP to take care of this particular issue. In conclusion, I think that the proposed budget addresses the priorities established by the elected officials. It provides for increased funding for neighborhood services, infrastructure, efficiency initiatives, while continuing to maintain the combined millage rate at the lowest levels in at least 50 years. That's because that's all the information that we have, goes back 50 years. Continues to fund the reserves at levels previously established. And basically, that's my presentation, and I'm willing to take any questions. Chairman Regalado: OK, thank you. Any questions from members of the Commission? Commissioner Teele: Mr. Chairman, there is sort of a ticklish issue that we ought to -- I'd like to try to get it up front. The first thing that we are mandated to do is the Attorney must read into the record and we act on the millage rate, per se. In other words, there is a language that prevents public officials from lying, and dodging and misleading the public on what we do. So they passed a law that says we've got to read what the millage rate was, what the rollback rate was, et cetera. This is what I think we need to be thinking about, because you've got to read this. For purposes of moving forward, based upon the documentation, I think we should read into the record the proposal that is before us from the Manager. That is for meeting the statutory requirement. You keep reading both. I don't think you should, if you understand, in terms of the way the Charter reads. I would then, once we do that, like to do a straw vote. And I -- if you would allow me, Mr. Chairman, after he reads that. And the straw vote would be to either support, or reject or modify the Mayor's recommendation, so that when we come back in two weeks, the recommendation that will be before us will then be a revised recommendation, which is the Mayor's recommendation. Commissioner Sanchez: Right. Commissioner Teele: But we can't read them both into the record is what I'm -- Chairman Regalado: Yes, you could. Alejandro Vilarello (City Attorney): Mr. Chairman, if I might. At this first public hearing to discuss the proposed millage rate and the tentative budget for the fiscal year 2002/2003, the proposed general operating millage that was advertised in the trim notices to the residents was a rate of 8.895 for the City of Miami for fiscal year beginning October 1, 2002 and ending September 30, 2003, and it's 8.5 percent higher than the rollback rate of 8.1983. That is the notice that's provided to each taxpayer for presentation at this first public meeting. After you 157 September 11, 2002 consider the millage rate, after you consider the budget, you have the right -- the Commission has the right to amend the tentative budget presented, amend the millage rate that's been proposed. In the event that you wish to increase that, of course, there's conditions of the statute, which might require a special notice to the taxpayers. If you decide to reduce the proposed millage rate, you certainly do that by an affirmative vote of the City Commission. At this point, it is properly before you to consider the millage rate and the budget. This would be the tentative millage rate and the tentative budget. Commissioner Sanchez: But just for point of clarification, we could adopt the budget and then two weeks later, amend on the issues that have not been -- Commissioner Teele. Commissioner Teele: That's what I think is the best thing to do -- Commissioner Sanchez: Yeah. Commissioner Teele: -- is to adopt the Manager's recommendation today and then file a resolution of intent to adopt the Mayor's recommendations at the final hearing, and give the Manager time to go back and change all of these numbers. I mean, that would be -- you know, change the tables, change everything, so we're dealing with one document, and try to vet out the differences today that we can between where the Mayor's budget is and where the Manager's budget is. I don't think there's going to be but about four or five issues that I can see. Commissioner Sanchez: One being conservative and the other being a little more aggressive. That's what these two boil down to, I mean. Mr. Gimenez: Mr. Chairman, I said that I could support the Mayor's proposed reductions, so, I mean, that's not a problem. Commissioner Sanchez: Well the -- but, Commissioner Teele, I agree with you. Let's not get them both confused. I think that the issues that are not -- the issues that have not been resolved, you're saying that you agree with some of them, or you agree with all of them? Mr. Gimenez: There are issues that really are not part of the millage. The millage is not an issue that we have any differences on. There are other issues that we do have in terms of amounts of money that are going to go into infrastructure. Again, that's something that we will try to work out in the next two weeks. Commissioner Sanchez: Exactly. But my point here that your presentation and the Mayor's presentation, there are some issues that don't quite -- to do with. Vice Chairman Winton: Not on the millage. Commissioner Sanchez: All right, which is fine. 158 September 11, 2002 Vice Chairman Winton: But not on millage, he's saying. He says they're in agreement on the millage. So we can pass the millage part. And the only thing they have to do then is work out the details on some of the line items of the budget. But the millage -- Commissioner Sanchez: But is there an agreement on the millage going from 8.9 to 8.85? Mr. Vilarello: Assuming there is an agreement on that reduced millage rate -- Commissioner Sanchez: Right. Mr. Vilarello: -- the Appropriations Ordinance that you have before you has to be reconciled with that reduced millage rate. Commissioner Sanchez: OK. Mr. Vilarello: So that can happen today -- Commissioner Sanchez: Or it could be done in two weeks. Commissioner Teele: All of those -- Mr. Vilarello: -- or it could happen in two weeks. Commissioner Teele: And the Ordinance, as we learned in the Oversight Board, is the five years with it. You just aren't passing the budget today. It's that five-year component to this thing that you've got to -- Mr. Gimenez: That will change the five-year, also, forecast. So we -- Commissioner Teele: That's going to change all that. Mr. Gimenez: We've got a lot of work to do once we change that millage. When we change it, it will affect the entire document. So I guess what the Commission wants to do is go ahead and pass at 8.895, but then we'll have the time to do all the work, so that when we come back on the 26th, we can go ahead and reduce the millage, and you'll have all the proper documentation. Commissioner Teele: Yes. I would like to agree with that, with one proviso: And that we pass a resolution of intent to go to the other, and to instruct you tonight to prepare those documents. Mr. Gimenez: Yes, sir. Chairman Regalado: OK. Commissioner Gonzalez: Wait a minute. Commissioner Teele: The Attorney read everything into the record. 159 September 11, 2002 Commissioner Gonzalez: I'm kind of confused, because we're talking about two different -- we're talking about two different numbers here on the millage. We're talking about 8.995 -- right? -- and 8.885? Mr. Vilarello: The notice that was provided to the taxpayers is 8.895. I believe the Mayor's proposed millage rate would be 8.85. Commissioner Teele: 8.845? Commissioner Sanchez: No. Commissioner Gonzalez: 8.85. Chairman Regalado: Right? Mr. Vilarello: Is that correct? The Mayor's proposed millage rate would be 8.85. That would be a 7.95 percent increase over the rollback rate versus the 8.895, which is the Manager's rate, which is an eight and a half percent increase over the rollback rate. Commissioner Teele: I would move the Manager's recommendation. Commissioner Sanchez: Second. Chairman Regalado: OK. We have a motion and a second. This is a public hearing. Now we are open for discussion on the millage rate. Anybody from the public who wishes to -- Good afternoon, Don. Don Derez: Good afternoon, Commissioner Regalado. I brought a measuring stick. Mr. Mayor, Commissioners, I want to thank the -- Chairman Regalado: The name. Your name. Mr. Derez: Don Derez, 1852 Southwest 24th Street, Miami, Florida. I want to thank the City Manager and the Mayor for a four point eight million dollar budget surplus. Thank you very much. The reason I'm here is because some of this money may be used for my present concerns, and that is that the City's sidewalk access for residents with disabilities or those citizens with wheelchair -- who are wheelchair bound. About twelve years ago, I witnessed the construction of three-story high super poles installed by FPL (Florida Power and Light) on Southwest 24th Terrace, in a residential area. The City staff at the time advised me to call the County, because they were built right on the sidewalk. And I called a Mr. Pete Hernandez of Miami -Dade County Public Works Department, who replied in a flippant and arrogant non -answer. But quite recently, I noted quite a substantial decrease in available sidewalk space that has taken place within the City. What brought this to my attention was just a couple weeks ago, on Southwest 19th Avenue, on a residential side street, The Miami Herald or El Miami Herald has placed a permitted newspaper box or a news rack box on Southwest 19th Avenue, adjacent to the south 160 September 11, 2002 side of Coral Way. They put the news rack box right on the sidewalk, taking up sidewalk space. Other incidents of this are the recent street lights on Coral Way that have been installed, beautiful looking street lights, but they're either -- some of them are off the sidewalk and some have taken spaces right on the sidewalk, taking up the space of the sidewalk for pedestrian use, specifically that people with wheelchairs might need. The recent bus benches, with their billboard signs, and their billboard signs, some of them are 90 degrees right into the sidewalk space, not allowing any trespass by a -- not only a pedestrian, but a person who is in a wheelchair, who is disabled, who has more problems than I can -- we -- any of us can even imagine. So with all these new structures that are being put into place, did the City consider the needs of these people with disabilities, with the Coral Way Beautification Project, the recent bus bench billboard contract, the City permitted newsstands, and, of course, these FPL super poles? Chairman Regalado: Don -- Mr. Derez: I did a quick internet search, and I noticed that -- Chairman Regalado: Don. Mr. Derez: I don't know what the City requires. Yes. Chairman Regalado: If I may. Mr. Derez: Thank you. Chairman Regalado: Just a few minutes ago, just for your information, the City Commission approved my motion of asking Ms. Haydee Johnson Wright, which is a newcomer to the City of Miami, a new resident in the Shenandoah area. She is an expert on disability. She worked for the City of Miami Beach regarding compliance with ADA (Americans with Disabilities Act). Also, she administered an ADA Office in the State of Ohio Department of Commerce. And the City Commission has asked her, and she's willing to do as a volunteer work that she would counsel the City and give us ideas on compliance. And one of the things that she's going to do is what you said, you know, the Coral Way Corridor and all the areas, the new sidewalks that are being built that have to be, the curbs and the sidewalks, ADA, with ADA compliance. Mr. Derez: Thank you, Commissioner. I appreciate that. I'm sorry I missed that. I was probably at work, and I apologize. I'll finish. I think these for-profit companies, they should pay out of their own pocket for any concrete pads or whatever that they need to build on a right- of-way, if available. Otherwise, they've got -- we have -- they have a problem. Do you know, Commissioner, or was it brought up earlier what the minimum width of a sidewalk is required by a City for -- that's necessary so that a person with, you know, a wheelchair, with disabilities can access? Was that mentioned? Chairman Regalado: Yeah. Mr. Derez: I mean, I don't know. What is the minimum width of a sidewalk that the City should have available for a person with -- 161 September 11, 2002 Commissioner Sanchez: Public Works. Mr. Derez: Yeah. Chairman Regalado: For ADA compliance. Mr. Derez: Please. Because Massachusetts requires 1.725 meters, which amounts to about over five and a half feet. That's pretty -- That's why I brought the ruler. Chairman Regalado: We -- he's going to give you an answer, but we are talking on the millage rate, Don. Mr. Derez: Yes. Yes, sir. And -- Chairman Regalado: And we need to move on. Mr. Derez: Of course, sir. And the reason I bring this up at this time, it's an opportunity for the public to speak, and with this surplus of four point eight million dollars -- and I started my little talk with that -- in that you might need that surplus, because the people with disabilities, they're going to bring a lawsuit about what's happening here within the City. I mean, it's -- what's happening is just rampant these past couple -- in this past year. Chairman Regalado: Can you respond to him? John Jackson: Yes. John Jackson, Director of Public Works. Minimum width is 30 inches clearance for a wheelchair. But, you know, we're holding back 36 inches in most places. Mr. Derez: So less than three feet is required by the ADA? Mr. Jackson: Yes, sir. Mr. Derez: Thank you very much. Chairman Regalado: OK. Thank you very much. On the millage. Commissioner Sanchez: Don, what do you think about the millage? Thumbs up or thumbs down? Mr. Derez: Commissioner, I'm very happy with the surplus. Commissioner Sanchez: Thank you very much. Have a good day. Mr. Derez: (UNINTELLIGIBLE) and thank you, gentlemen and ladies for doing an excellent job. And thank you, Mr. Mayor, for trying to get AT&T (American Telephone and Telegraph) to lower their cable rate. 162 September 11, 2002 Commissioner Sanchez: Any other plugs? Chairman Regalado: On the millage. Yes, sir. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street in the City of Miami. And I come here as a taxpayer. I don't come here as a Cuban -American or anything. When I come here, I am a taxpayer, and that's the main thing here. And remember, as a preamble, you look at the Declaration of Independence that many people have forgotten to read, this country is formed -- was founded on taxation and representation. Sending officers, you know, here to harass our people and all that, that's it. But many people have forgotten that. And public servants have -- I don't complain about my taxes. I don't come here to complain about the millage. I find it OK. What I am going to complain is the use of fees, so-called fees that was started when the financial crisis, and now they do. And, you know, when you look at your taxes, they don't tell you that those fees are not deductible from your federal taxes. The day they audit somebody and they say, so I deduct this, the 225 and $61, that itemizing, they will be for a surprise, because the fees are not deductible. Property taxes, yes. So it's a federal shell game where you say, oh, yeah, we'll reduce the millage. Yeah, but you got fees there. Why don't put fee -- that millage to the ten, right? And still, if I pay to the ten, without counting debt service, I still will be paying less money than with the fees. But that is because the fees -- To whoever owns a $2,000,000 mansion, the garbage fee is nothing. But whoever owns a little shack, that fee is discriminatory, because it's not the same fee for a $2,000,000 household to pay 225 than for somebody in Allapattah to pay 225. That house would pay a lot more money in property taxes, yes, but not in the garbage. So there should be right to limit ten number property tax, that will be all deductible. The main thing that I'm going to complain -- like I say, I don't complain about my taxes. I complain about the delivery of service. In a way, I am lecturing you, because you are here, but -- I seen Commissioner Gonzalez in the neighborhood, in the district at all times. But one thing we get that not too long ago, you vote to allow the people to still sell on the street, fruit on the street. But the other day, I saw Officer Marana harassing one of the salesmen on 17th Avenue. Yeah. For a police officer that makes 40, $50,000 a year, plus off-duty, plus a police car to take home, you know, they are -- they are out of touch with the reality of the people in the neighborhood, the poor people. What do they want them, to sell dope? You know, that's wrong. If we -- if they pay a City license and that, they shouldn't be harassed by the police. And anyway, there was a meeting of the Chief of Police, with the NET Commanders to police to dedicate only to police work, not to do zoning work. Commissioner Sanchez: Mr. Cruz -- Mr. Cruz: The zoning work should be left -- Commissioner Sanchez: Mr. Cruz -- Mr. Cruz: -- to the NET Administrators, to the inspector of the NET, not to the police. Commissioner Sanchez: Mr. Cruz, Mr. Cruz. 163 September 11, 2002 Mr. Cruz: Yes. Commissioner Sanchez: Mr. Cruz, over here. Mr. Cruz: Yes. Commissioner Sanchez: Are you OK with the 8.995 for now? Mr. Cruz: No. Commissioner Sanchez: Thank you very much. Mr. Cruz: I do not complain about my taxes. I know they are a necessary evil. What I complain is the delivery of service, especially here now, we talk -- I hear a lot of complaints of the employees. They are afraid to be here. They should be here today, some of the part-timers. But they're afraid of being fired, because you got part-timers that have got eight years, nine years, part-timers and they don't get to be promoted to civil service in a way to earn a decent living, have medical insurance and paid holidays. Chairman Regalado: Mariano, Mariano, just let me tell you, for your information, there are 71 employees in the City of Miami who make minimum wage, 71. Most of them are school crossing guards and Parks Department people. They're all part-timers. I have consulted with the Mayor, and he told me that he agrees, and in September 26, I will be bringing to the Commission a Living Wage Ordinance to raise to those employees and to the companies that do business with the City of Miami the hourly pay that they get. So I think that by doing this, we're helping those people who do live in the City of Miami, but just for your information. Mr. Cruz: Well, that's good, because I've been -- they did that years ago when James Lee was made from a part-timer, making four -fifty an hour to a recreation specialist, because the guy was going to live at four -fifty an hour, he couldn't pay his bills, you know. You don't pay bills, you don't go to Publix or Sedano's with four -fifty an hour to buy something, you know? You need money. You don't pay your bill with dedication for a vocation. But one more thing. The Dominican -- Commissioner Teele: (INAUDIBLE) Mr. Cruz: No. The Dominican community, they're complaining a lot that many of the people have gone and applied for jobs, and they've been given the run-around, like at Duarte Park, Duarte Park, the Dominican park, this is only one people of Dominican descent working. They want to see more, because they pay a lot of taxes in Allapattah, Dominican people. You got all kind of professional license, business, property taxes and the whole thing. And they are being ignored. They say when they go to apply at the Human Resources, they ignore them in a way. They give them the runaround. They get for interview, and the job is taken already. I want something to be done in that, and I'm saying in public, because the people talk to me when I drink coffee there, out there on the street, on 17th Avenue, on 20th Street, because I am on the street every day. And that's me. Come down sometimes from the ivory towers and go there to 164 September 11, 2002 the City. You remember, there was a lot of people that was sitting in that Commission that took care of the people in Central America and South America, and then later on, they were not sitting in the Commission, because the people took care of them. So, remember, it's good to have the grandiose plans, but you have to take care of the quality of life of the people in the neighborhood. Maybe the next meeting, I will have something to add, to see -- Chairman Regalado: Thank you. Mr. Cruz: -- if that's becoming true to happen there, because, see, like me, I have Blue Cross/Blue Shield, Veteran's Affairs Administration Hospital. I got the Department of Labor for me, and I don't even get sick. I got three, three plans. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: With all due respect, Mr. Chairman, this is a budget hearing now on the millage rate, and, you know, we're not in the chambers, and we don't have a timer. We -- you know, we're going to lose our focus, I'm afraid, in terms of the serious matter that we've got to deal with, Mr. Chairman, on the millage rate. There's going to be ample opportunity for the discussion about the coffee, and harassment by -- You know, but I really would urge the order of the day, so that we can at least hear from everybody on the millage rate, because there are people that may want to be heard. Then when we get to the open issues, you know, like a whole series of things, we're going to have that opportunity. But if we don't -- Chairman Regalado: Well, we'll do that. We'll do that. Mr. Cruz: That's all right. That's OK. That's OK. I'll go to your office. Chairman Regalado: You know, we try always to accommodate everyone, because not too many people come to -- Mr. Cruz: Right. Chairman Regalado: -- these hearings, and unfortunately, they don't. And as a matter of fact, this is their hearing. This is their chance, their only chance in the year to say something about the budget process. So let's talk about the millage. Let's limit the thing, Mariano. Mr. Cruz: I want the millage to be ten, right to the top, but eliminate the fees. OK? Chairman Regalado: OK. Commissioner Teele: That's a good point, now. Commissioner Sanchez: Hey, that's the smartest thing you've said all day. 165 September 11, 2002 Commissioner Teele: That's the best point you made. Commissioner Sanchez: That's the best point you've made all day. Justino Celorio: Gentlemen, I will be awfully short. Chairman Regalado: Could you speak on the mike. Just lower -- exactly. Mr. Celorio: OK. I been -- I came here -- Chairman Regalado: Can you say the name, please, and address? Mr. Celorio: Can you hear me? Chairman Regalado: Yes. Mr. Celorio: -- with the idea of complaining. Chairman Regalado: Your name. We do need your name for the record, and the address. Mr. Celorio: Oh. My name is Justino Celorio. I live at 2746 Southwest 11th Street, Miami. I couldn't help but make a couple of observations on -- I came in here because the meeting was announced at 5:05. And yet, all the time passed, and nobody addressed us that if there was a reason to be late, or the reasons for the meeting, or what we were doing here. I came here to complain about the assessed fire tax that you want -- to me, you want to kill the City. But I know I heard a beautiful phrase in here tonight from the Mayor, and he says he wanted to be -- build a world class City. What a beautiful words. But let me tell you, I live here since 1962. I have my home there. My taxes were at that time, at that time, $338. And I have not had any improvement in our street, or anything like that since then, and I pay close to three thousand. The house has grown up a little bit since that time, I must say that. But I wonder, where is the limit? I have a property in 1450 Southwest -- I represent -- it's a non-profit organization owns it. And they want for just that property 661 for the fire tax that we did not pay. Now we have -- I hope that some of the citizens survive your -- Mr. Mayor, that some of the citizens survive your great idea of the world class City. Commissioner Sanchez: Sir, sir, sir, 600 and what for a house? Mr. Celorio: No, this is not a house. Commissioner Sanchez: It has to be apartments. Chairman Regalado: It's a building. Commissioner Sanchez: A building. 166 September 11, 2002 Mr. Celorio: A building. But 600 in that? We have never paid any. Now, we pay another thing on the taxes for fire service. And let me tell you, I hope I get to see that great City that you're going to build, but I think you're going to build it on the back of a lot of -- a lot of pain and suffering, because now, we are harassing our streets. I live in 11th Street. Nobody ever had any problem. Now, if a car is not parked facing this way, if you come in this way, you have to be sure to turn around, because it's $47. By the next day, it's something -- A lady came, and in less than a block, raised $750 off retired folks. My golly, we are being harassed. The dumps that I use, because I was a builder -- I am retired now, and I still use those dumps. It cost me $240. Now, they are $550 for everything that we try to do, and not only before, the people that did business with us, inspectors and that, were to help us to get a good building, and they come and harass us now like if they were the owners of the City. I don't know what you all have done, but let me tell you, I love the old Miami, and I am getting to dislike this one so much better. And you -- and it seems like when we get together, these people must be genius. This thing -- We have been in here since 5. That thing is not for us to read. It's like for you gentlemen to read, and if they can perceive the numbers, and they have the ability to perceive the numbers that you talk about, astronomical, astronomical numbers, and they can perceive it, and they can give an opinion, I tell you, I desire good luck, and this will be my last presentation on the City, because I never have seen a resolution when I came to a hearing that it really was successful in any way, so, gentlemen, the City is yours. God bless America, and we're going to see how long we can support it. Thank you. Chairman Regalado: Thank you. Thank you, sir. Andres Mesa (as translated by Spanish interpreter Manuel Matienzo): My name is Andres Mesa. I live in 2270 22nd -- 33rd Street. I first of all wanted to address the Mayor to wish him a good afternoon, the Commissioners and all the other residents who are present at this hearing. My appearance here is to address the following: I received this document where it is indicated that the Fire Department fee or whatever is going to be continued as it was four years ago. How long are we going to continue paying this? Because it was said to be a temporary charge, and now, it's been four years since, and it continues to be. I'm in accord with paying taxes, but not giving away my money, because if you knew how much a fireman makes, because the laborer is a dignified owner of his salary, but not to give it away. And after 36 hours of work, I understand that anything above that is supposed to be overtime, when I really don't earn it, and neither do many who are making an appearance here. I want you to keep in mind this, and to determine until how much longer. Remember the spark that lit the independence struggle in this country and where it began, which you should know, and you could tell me. In Boston, because of the excess tea tax, which was then a penny, but -- and gave rise to the struggle for independence of the country. Excessive taxation is bad. I'm in accord with paying it, but in not having the money thrown away. Good afternoon, and thank you for the opportunity to express my thoughts. But I wish you would indicate how long this firemen's fee or Fire Department fee is going to last. Thank you very much. Chairman Regalado: Thank you. Thank you very much. Anybody else from the public on the millage rate? Yes, sir. 167 September 11, 2002 Cary Johnson: My name is Cary Johnson. My address is 115 Northwest 70th Street. I own a commercial property in the inner City and in Haiti, Little Haiti. And, you know, the property value there is not going up. Not only that, but I have quite -- you know, property that right next door, the drug dealers are selling drugs. I've been trying to get them out for eight months. I can't rent my property out, but yet the millage rate is going up, which is increasing my taxes. I want to know, you know, where do I supposed to get the money from to pay these taxes? Commissioner Sanchez: Sir, your millage rate is going down, not up. Mr. Johnson: I think you're proposing -- what? -- 8.89? Commissioner Sanchez: And it's lower than what it was next [sic] year. And hopefully, when we amend this two weeks from today, it'll be even lower. Mr. Johnson: Because every time I get my, you know, my tax bill, it's always going up. Commissioner Sanchez: That's the County. Mr. Johnson: I know somebody is raising it and -- Commissioner Sanchez: It's the County. That's another form of government that you're not content with, and I'm not content with and I don't think this Commission is content with, either. Mr. Johnson: OK. Well, I still want to know why I can't get services in the City of Miami. My property is in the City of Miami. Commissioner Sanchez: Well, that's another issue that we need to address. But this is a budget issue. I could -- We could have you sit down with the Chief of Police. I mean that's a law enforcement issue. Mr. Johnson: Well, I've already called his office, and nothing happened. Commissioner Sanchez: Well, sir -- Mr. Johnson: What's your address? Commissioner Sanchez: See, you're here now. Where is the Chief? Commissioner Teele: I'd really like to hear just a little bit more from the gentleman. What are the services that you're complaining about? Did you say that -- Mr. Johnson: I'm complaining of police service. Commissioner Sanchez: Police service. Mr. Johnson: OK? Directly because -- 168 September 11, 2002 Commissioner Teele: Police services? Mr. Johnson: Right. Because over eight months, I've had drug dealers operating right next door to my property, and I've been trying to get them out. I've called the Police Chief and everybody else. And I can't even rent my property out, because they're still there, and my property is empty. And, like I said, you know, I'm paying more taxes, and more fire fees and everything else every year. Commissioner Teele: What NET area are you in? What's your address again? Mr. Johnson: I'm right off of 79th Street. Vice Chairman Winton: What's your address again? Commissioner Teele: Is it Little Haiti? Mr. Johnson: 115 Northwest 70th Street. Commissioner Sanchez: Yeah, it's Little Haiti. Commissioner Teele: It's Little Haiti. I thought that -- Mr. Johnson: Yeah. Commissioner Teele: You were here the other year, weren't you? Mr. Johnson: Yeah, I was here last year, yeah. Commissioner Teele: Yeah. OK. Mr. Johnson: About the fire fee which just keep going up. And like I say, I can't keep raising my prices on rental, because it's not -- in the inner City and in Little Haiti. Commissioner Teele: Have you met with Commander McQueen? Mr. Johnson: McQueen. I speak to him all the time. Commissioner Teele: So you and he -- Mr. Johnson: And he hasn't done anything. I go to his office. I make out complaints every week. I made out over 50 complaints in his office. Commissioner Teele: If I could, may I have a meeting with you at the end of this month, after the budget hearing ends? 169 September 11, 2002 Mr. Johnson: That's fine. No problem. Commissioner Teele: And let me assure you that we'll -- I'd like to walk the area with you and see if there is some way we can get better response. Mr. Johnson: Well, that's what I need. Commissioner Teele: Because you have a legitimate gripe to be here. You have a legitimate gripe. Mr. Johnson: Well -- Commissioner Teele: We're talking about the taxes. You're here to say: If you're going to charge me these taxes, I want services. Mr. Johnson: Exactly. Commissioner Teele: And you're 100 percent right. Mr. Johnson: That at least I need, you know, services to get my property rented, so then I can pay these taxes, and pay these fire fees that I'm getting charged every year, you know? Commissioner Teele: Through the Manager, Major Longueira, can you work with us on that and try to -- please? OK. Thank you. Chairman Regalado: See, the thing here -- Commissioner Sanchez: Thank you, sir. Mr. Johnson: All right. Thank you. Chairman Regalado: -- the thing here is that this is a public hearing, and although -- Mr. Johnson: Thank you. Chairman Regalado: -- I have to confess, I don't have the ability to limit this to the millage rate, because it's too technical. And people want to vent, and that's the thing. We just have to -- Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: -- we just have to hear what they have to say, because this is the golden chance that they have to do it. Commissioner Gonzalez. Commissioner Gonzalez: I agree with you, there is no way that -- we have to put a limit to the time that a person can talk, because otherwise, the meeting will be too extensive. Sorry. But the problem is that -- I don't know if you remember many, many, many moons ago, we had a 170 September 11, 2002 meeting, one of the meetings we discussed about taxes, where there was a conversation about taxes and/or a discussion about taxes and services. And I said at that time that people don't mind paying taxes, but they want to have services. People don't mind paying taxes, but they want to see their streets fixed. They want to see their sidewalks. They want to see good police service. They want to see -- they want to see services. And that is the main complaint that the public has out there, because they've been, for years, and years, and years, they've been paying taxes. And when the City had a financial difficulty, a fire fee was imposed on them. Additional charges were imposed on them, and they took it, and they accepted it, and the City came out of the hole, thanks to the sacrifice of many City employees that also were willing to contribute, the unions who were willing to contribute. But the public, and the residents and the taxpayers out there were the ones that carried the heaviest burden in order to help the City recuperate. When the fire fee -- and I have to agree with the gentleman. When the fire fee was imposed, it was imposed, supposedly, because the Fire Department had many, many needs on equipment. They needed their equipment updated in order to provide better service. And we agreed that we needed the money, and we agreed that we needed to provide this equipment, because if they don't have the equipment, they can do -- they can give exactly what they're claiming. They can give service. Commissioner Teele: And it was limited to capital. Commissioner Gonzalez: And it was limited to capital. OK? And, let me tell you, it's so -- If one organization I do support, and I have said it over, and over and over again, it's the Fire Department, is Fire -Rescue, because we complain, we complain about how much it's costing us. But when we have a heart attack, or when we have our mother dying in our hands, when we have a child, a son or a daughter that has an accident, and we want that problem taken care of right away, it's 9-1-1 and it's Fire -Rescue, the one that show up in three minutes -- OK? -- and in many, many, many instances saves lives. So -- but, in fact, you know, something needs to be done about fees, because, like Mariano says, you know, taxes, you can deduct on your income tax. Fees, you can't, and that's what you hear, and that's why it's so important. But they also have to realize that, you know, it's a new beginning, it's a new Miami, you know, and the Mayor has a commitment, and we have a commitment to change the City of Miami, and that's why it's so important what we're going to start doing now that it is improving the infrastructure of the City. Once our taxpayers see that we start to do sidewalks and streets in Little Haiti, in Little Havana, in Allapattah, in Shenandoah, in the Grove, in downtown, and they start seeing movement, the -- you know, the complaints are going to start going down, because they're going to say, wait a minute. You know, I'm paying taxes. I know I'm doing sacrifices, but now, I have better streets, I have sidewalks, I have lighting, I have more police service, I have -- you know. But that's the complaint. That's the basic complaint that we hear outside, day after day, and that we hear on the radio programs, and we hear -- you know, everywhere we move, it's the same kind of complaint, and they have to understand that the City of Miami is lowering taxes. We are, at the present time, we are lowering taxes. If you have a complaint and you have a problem with taxes, we all do, but it's not our problem. It's Miami -Dade County. Whatever we're given with this hand here, the County is taking over with this hand, so it's a constant battle. We -- as much - - I don't care how much we try to do here for our people, the County is taking over, so, you know, the same thing that you're doing here, and we appreciate it, to hear your concerns and to hear your complaints, but that is something that you need to go and do at the County chambers, 171 September 11, 2002 because each one of you have a County Commissioner. Go out there and tell them. Tell them, the City is lowering my taxes. Why are you raising my taxes? Thank you. Chairman Regalado: Thank you. Go ahead, sir. Jose Gonzalez: Good evening. My name is Jose Gonzalez. I live at 1100 Southwest 10th Street. I came because, the same as this gentleman, I received a letter about the fee of the Fire Department. I was not aware that it was an opinion on the budget, of the City budget. If the millage go down, fine. On the fee, I got the same questions, the same complaints. We have a Fire Department, that as the gentlemen and the Commissioner says, when we need it, good. Let's make a rescue. Let's make a paramedic rescue. But what has the Fire Department done when we have a real fire? The Miami Arena was a fiasco. Water 300 feet away, an helicopter that ran out of gas, and then didn't put it out, the fire, and then, to add insult to injury, the next day, I believe, Captain Fernandez or Hernandez appeared on TV showing the difficulty factors that they have encountered to get up there to put out the fire, where our simple and humble construction workers have to do that on a daily basis. I propose to the Fire Department, in order to do an academy to go into construction sites to put them to work on a construction work site one month -- one week a month, so they know all the hassles that they have to encounter when they go to a construction fire. The fee. The budget is going down. Congratulations. But remember, like when you're start in life, it's not what you make, it's what you spend. Spend it wisely. That advice was given to me when I was a kid. It's not what you make. It's what you spend. You have the ability, you have the sources to impose on the citizens anything -- almost anything of what you want. Listen, spend it wisely. When you have a business, you cannot just raise salaries, and raise pensions, and pay benefits. You have to balance your books, and you do your projection before you do that, because we have a business. We have a business like the City, that can pull money out whenever you want. There is a point that you have to apply a simple solution. Let's spend wisely and let's try to spend less of what we make, and to those people that work and receive those -- because you talk that you have 71 employees on minimum wage. Well, I believe that you have more than 200 City employees making more than the Governor of Florida, and that's not fair. And, Mr. Sanchez -- you are Mr. Sanchez? You, sir? I remember you blasting on TV about a world class City and having a world class stadium. About eight months ago, sir, I was listening to a program on NPR, and you are a Commissioner, and you have the ability to find out. There is not a single sport arena in the States that has given any City an economic impact. It's the City. We have sun, we have sand, we have 32,000,000 or less of passengers that come through the Miami International Airport and they don't come here to see baseball. They come here because it's Miami. We are a hub. Let's treat it like such. We need open spaces and we need take care of the City. Why the City of Coral Gables has better service than us? Why the City of Hialeah is improving so much? Why we cannot do better than them? You better think about that whenever you propose a stadium again. Thank you very much. Chairman Regalado: Thank you, sir. Thank you. Anybody else from the public who wishes to address the Commission on the millage rate and other things? Commissioner Teele: Call the question. 172 September 11, 2002 Chairman Regalado: OK. Being none, I am closing the public hearing on this item, the millage rate. We have a motion and a second on the millage rate. All in favor, say -- Commissioner Teele: It's an ordinance. Commissioner Sanchez: It's an ordinance. Chairman Regalado: Oh, I'm sorry, it's an ordinance. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Commissioner Teele: Mr. Chairman. Chairman Regalado: Commissioner Teele wanted a straw vote. Commissioner Teele: I would move that the Commission endorse the Mayor's recommendations as contained in his budget, and request that the Manager amend the ordinance adoption on first reading to conform with the millage and the background materials of the five-year plan, based upon the Mayor's recommendations, and if there are disagreements, that an alternate be submitted by the Manager. But the baseline will then be the Mayor's recommendation. I would so move. Chairman Regalado: We have a motion. Do we have a second? Vice Chairman Winton: Second. 173 September 11, 2002 Chairman Regalado: We have a second. Any comments from -- Commissioner Teele: I'd like to hear from the Manager, to make sure that -- Mr. Gimenez: In terms of the millage, there's no issue. Commissioner Teele: It's the rest of the budget that flows from that. Mr. Gimenez: Not really, in terms of what the -- The differences are not with the millage, and they're very small differences, and I think we can get those things worked out. Commissioner Teele: Later on this afternoon. Mr. Gimenez: Yes, sir. Commissioner Sanchez: Fine. Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: I'm not prepared to have them be put out on the table now, but I think that if they could be worked out, they need to be worked out. If not, then they're going to have to come out here to the policymakers to decide what we're going to do, because basically, I'm going to tell you where I'm at, at this. Three years ago, we were in a $68,000,000 deficit. All right? And, yeah, the taxpayers of Miami had to swallow that giant pill, and some of them are out here today, complaining. I guarantee you, there'd be more people out here complaining, but they're out there working and with their families. Today, this City, at the end with this budget may have close to ninety plus million dollars in reserve. All right? So what I get here is conservative versus aggressive. I'm all for it. I'm all for it. And, first of all, the concept that was put in front of us with the Mayor's plan, one -- let me just find the issues where I wanted to talk. Tax relief for the citizens, the residents of Miami. I'm all for that, OK? But I want to be assured as a Commissioner that along the way, we're able to put our scope out of the water and see into the future, to make sure that, one, the growth rate, pensions, Risk Management, which continues to be a problem -- we're addressing it, but it continues to be a problem. I've been tackling that issue for four years, Mr. Teele. Isn't that right? Commissioner Teele: That's right. Commissioner Sanchez: Four years. Long-term liability, I want to make sure that we have money set aside for long-term liability. I want to make sure that accrued compensation, and absent, and holiday, we have -- it's never going to happen, but if today, every employee in the City of Miami said, I'm gone, see you, retired, adios, going out to the Bahamas, going out to Alabama, North Carolina, where most about everybody goes now to, that's fifty$53,000,000 that the City has got to come out with. That's five million every year that we're going to have come - - so those are things in the long term that I have great concern, but I think that we need to be cautious on this issue. I'm all for reducing tax and putting those ninety -some million dollars -- 174 September 11, 2002 I'm not saying all of it, but I'm glad to see that instead of being a piggy bank, we're going to take a little bit of that money and put it out into capital improvements. You look at the streets and drainage assessment, which is close to -- If we wanted to do all our streets and drainage in our City, it's $400,000,000. Well, here we are today, where we have a ninety plus million dollar reserve, and we still have streets in Little Haiti that look like a third world country. We still have streets in Allapattah that look like a third world country. We still have areas in Commissioner -- Vice Chairman Winton: We have streets in downtown Miami that look like a third world country. Commissioner Sanchez: Johnny, I was going to get to that. I -- But we have still -- have areas in Commissioner Regalado's area that, hell, you need a canoe or an inner tube to get, you know, get around, or you need something to float on to get around. But these are the things that we need to do. Ninety million dollars, that's 70 percent of a $133,000,000 budget that we have. That's 70 percent that we have set aside. So these are things that I'm prepared to do -- If, somehow, or when it comes back in two -- I'm in agreement. Mr. City Manager, I'm basically telling you where I'm heading. I'm giving you my directions as a policymaker here. But I want to be very, very conservative. I want to make sure that we don't put the City in jeopardy, where three or four years down the line, we might end up in a situation that we might all regret. In focusing on the budget that we're voting on right now, I just have one thing that I have to say. On the Orange Bowl budget, which is one point six million dollars -- and it's my fault. I should have brought that out when we had numerous meetings. But I'm very concerned with public facilities. We have nine public facilities in our City. We have all the marinas, the James L. Knight Center, the Orange Bowl, which I'm glad to see that we're putting money into and we got $16,000,000 of bond money that will go into it. And I'll tell you another issue, and this is directly to you, Mr. Mayor. We need to put the City of Miami [sic] in their spot and put fire to their feet, because they owe us four hundred and seventy -some thousand dollars. Commissioner Teele: Who? Commissioner Sanchez: The University of Miami. And that's money that could be well used for whatever it may be. The Artime Center, which is right here, and of course, the Coconut Grove Expo Center, all those markets -- you're talking about nine facilities. We're only putting $50,000 to advertise. That, I'm sorry, I didn't pick up on, and I'm just putting it on the record now that we voted on it. And I think that along the way, we could find, through the good harmonies that we have in this Commission, we could find ways to promote and maybe put a little bit more money into revenue in those areas to improve them. And that's where I'm at on the issue. But above all, we've got to have compliance with the Financial Integrity Ordinance. And those are the concerns that I have with the budget. Thank you very much. Chairman Regalado: OK. We have a motion and a second on supporting the Mayor's millage proposal. This is part of the budget process. Madam City Clerk, roll call, please. Commissioner Teele: No, mine was not a straw. It was a resolution requesting that the Manager conform the budget and produce the budget in two weeks to conform with the Mayor's recommendation related to the millage rate, and further, for them to work on the other issues. 175 September 11, 2002 Commissioner Sanchez: On the pending issues. Commissioner Teele: Although I do think, with all due respect, the Manager is going to need some direction, and the Mayor is going to need some discussion on some of these issues tonight, at least the open issues. Chairman Regalado: But this is not a straw vote. This is the mandate of the City Commission. OK. Roll call. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-1019 A MOTION TO ENDORSE THE MAYOR'S RECOMMENDATIONS, AS CONTAINED IN HIS BUDGET PRESENTATION; FURTHER REQUESTING THE MANAGER TO AMEND THE BUDGET MILLAGE ORDINANCE, ADOPTED ON FIRST READING, TO CONFORM WITH THE MILLAGE AND THE BACKGROUND MATERIALS OF THE FIVE-YEAR PLAN, BASED UPON THE MAYOR'S RECOMMENDATIONS, AND IF THERE ARE DISAGREEMENTS, THAT AN ALTERNATE BE SUBMITTED BY THE MANAGER AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 26, 2002, BUT THE BASELINE WILL THEN BE THE MAYOR'S RECOMMENDATION. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: OK. Five to zero. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: Kind of as a companion to this, it's more of a procedural piece that both the Manager and the Mayor have agreed to, but they would like the following motion to be 176 September 11, 2002 considered. The Department of Finance is directed to create two new expense accounts in the general ledger of the general fund of the City, reflecting: One, the appropriation optional gas tax to the Capital Improvement Fund; and, two, the appropriation of storm water utility fees to the Capital Improvement Fund, and as directed, reflect as revenues of the general fund all optional gas tax and storm water utility fees contributed to the Capital Improvement Fund or retained for general fund operation. And the Department of Management and Budget is directed to reflect in its records the details of the Commission's appropriation of storm water utility fees and optional gas tax. So move. Commissioner Teele: Second the motion. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1020 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CREATE TWO NEW EXPENSE ACCOUNTS OF THE GENERAL FUND OF THE CITY DENOTING (1) THE APPROPRIATION OF OPTIONAL GAS TAX REVENUES TO THE CAPITAL IMPROVEMENTS PROGRAM, AND (2) THE APPROPRIATION OF STORM WATER UTILITY FEES TO THE CAPITAL IMPROVEMENTS PROGRAM; FURTHER DIRECTING THAT ALL OPTIONAL GAS TAX AND STORM WATER UTILITY FEES REVENUES CONTRIBUTED TO THE CAPITAL IMPROVEMENTS PROGRAM OR RETAINED FOR GENERAL FUND OPERATIONS ARE REFLECTED AS REVENUES OF THE GENERAL FUND; FURTHER DIRECTING THE CITY MANAGER TO REFLECT SAID APPROPRIATIONS IN THE BUDGET AND PUBLIC RECORDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 177 September 11, 2002 Chairman Regalado: It passes. OK. (UNINTELLIGIBLE COMMENT) Commissioner Teele: Did you have another reso? Vice Chairman Winton: Nope. Chairman Regalado: I have something that I think it's only fitting that we do it, if we can here. And the Mayor mentioned the infrastructure, the CIP. The Manager is also working very hard. All the members of the Commission, all the members of the Commission want this program to go forward, to move forward. There is one component to it that it's important, although if we don't do the streets, this component is not needed. But when we do, and when we start doing it, we do need some kind of sign to tell the people about the work that is being done, to tell the people that this is their bond money, to tell the people that this is their mandate to the Mayor and the City Commission, and the Manager to build the streets, to make new curbs, to fix the sidewalks, to repair the potholes. And we do need in every district and Citywide signs that should be done quickly, and nice, as an informational piece, and in different languages, to mirror the City of Miami. That's why I hope -- and I spoke to the Manager that we can get funding for a position that is already on the books and it's the planning signs to fund this for GSA, so we can get the Manager to start doing all these signs. This position has -- it's -- as I said, it used to be funded several years ago, and this is what this position did, signs, signs and all that. We are going to need this. And it's -- my understanding is $45,000 additional to GSA, so we can fund this position. Vice Chairman Winton: Mr. Chairman, I don't -- I'm not comfortable with this idea at all. I think directing the City Manager to make sure we have signage on every single job out there that describes that this is part of the bond issue is something that we have to do. You know, telling the Manager now that we've got to go hire a new position -- I mean, I don't know if a new -- I'm not sure -- Chairman Regalado: Because, you know -- Vice Chairman Winton: -- hiring a new position is what we want to do. Chairman Regalado: Johnny, no, let me explain. The reason is that -- Vice Chairman Winton: I don't think we should be involved in that. Chairman Regalado: You have heard my concerns throughout the last year or so about the signs. And the reason is that I try to find out. And it so happens that now, we need to go out and hire a firm to do the signs. I mean, I think -- Vice Chairman Winton: I agree. 178 September 11, 2002 Chairman Regalado: I think that the City should have a department and a person, and the most logical thing is to have it at GSA. That's what I -- Vice Chairman Winton: Is to what? Chairman Regalado: -- that's what the Manager told me, in terms of logical thing to have this, the thing. We need to produce as much signs as we can, in order to inform and advertise at the same time the different projects, the future projects this street -- we are going to do it next year. I think it's important. We need the momentum, and this is why I'm suggesting this. Vice Chairman Winton: Well, the -- Mr. Gimenez: Mr. Chairman, I can certainly, you know, take that into consideration and then make the appropriate alterations at the second reading of the Appropriations Ordinance. Vice Chairman Winton: Wait, wait, wait. No, no, no. This is not good. We're supposed to be setting policy. The policy directive is we need to make sure we have signage on all these things. The policy directive shouldn't be he's got to go hire a person to do it. I don't know if that's the right thing to do. I've not done an analysis to determine -- Chairman Regalado: No, but I didn't say -- I didn't say he has to hire a person. I said that he needs funding. He can find somebody already in the City or whatever. I mean, that's his problem. Vice Chairman Winton: But he might hire it out. I mean, you might go to a sign company and buy these signs. Chairman Regalado: Well, if that is OK. Vice Chairman Winton: I mean, that's the point I'm making. I mean it -- we may be by a long shot cheaper to go hire a sign company to make the signs we need made, as opposed to creating some position about sign making. I mean, when we get tired of making signs, what are we going to do with that person? Now we got the official in charge of sign making. Chairman Regalado: Johnny -- Vice Chairman Winton: I mean, that's my point. Chairman Regalado: The only thing is that we need to be ready with all the components for -- Vice Chairman Winton: Agreed. I agree with that point, a hundred percent. Chairman Regalado: --for to launch a major blitz -- Vice Chairman Winton: Yes. 179 September 11, 2002 Chairman Regalado: -- and that -- Vice Chairman Winton: I wholeheartedly support that. Chairman Regalado: OK. So that's -- Vice Chairman Winton: Wholeheartedly. Chairman Regalado: Let the Manager do it. Vice Chairman Winton: Figure it out. Mr. Gimenez: Yes, sir. Chairman Regalado: OK. Commissioner Teele: Mr. Chairman, are we going to hear the rest of the Manager's presentation? Chairman Regalado: We have done already the millage rate. So we need to continue with this hearing. The Manager -- Mr. Manager, do you want to -- or Marcelo. Mr. Gimenez: We already -- we went through our budget presentation, and we are ready to answer any questions concerning any line item or any specific question you may want to ask of any department. All department directors are here, and they can answer questions on their particular budget, or we can answer overall questions about the budget. Chairman Regalado: I do have a question, Mr. Manager. In the table -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: With all due respect, may I request that we have a public hearing on anybody -- any issue that anybody from the public wants to bring up about the budget now, and then let's close that. And then we can stay here until everybody is over. But I just wanted to make sure that everybody had a chance. Chairman Regalado: I'm all for it. Commissioner Teele: We open the public hearing on all of the issues relating to this proposed budget, and then we close it, and then we go on and do whatever you want to do, Mr. Chairman. Chairman Regalado: I want to do the public hearing. That's what we're here for. And so we are -- you know, if you want to complain about any service or lack of service, or any fees or lack of fees, any raise or lack of raise, this is the time to do it now. 180 September 11, 2002 Commissioner Sanchez: Mr. Chairman we -- Chairman Regalado: Yes, sir. Commissioner Sanchez: We also accept compliments. Chairman Regalado: I don't -- I don't expect that. I mean, you should know better. I mean, you've been here several years and -- Commissioner Sanchez: Well, there's always hope. There's always hope. Chairman Regalado: Well, I don't know about that. But we are here. And that's what we're here for. And so this is a public hearing. Charlie, do you wish to -- Commissioner Teele: Mr. Chairman, one of our constituents is here. Chairman Regalado: Oh, OK. Hi. Judy Clark: Talk about anything, right? Oh, about the budget. Good evening, Commissioners. My name is Judy Clark. I live at 5930 North Bayshore Drive. First of all, Mr. Mayor, I would like to thank you for your words at your City -- your big City meeting that you had before to talk about our clean City and making it into a world class City. I share that vision. I hope it's possible. Let me just mention to all of you, one of the reasons that you have this lovely surplus this year has to do with this fire fee. I'm totally with some of the other people that spoke before. It is time for the fire fee to be sunsetted. When you originally instituted the fire fee, it was because there was such a deficit. The deficit was due to poor management, rampant corruption, who knows what else. Today, you have a surplus. I'm delighted to know that. I'm very happy with the Management. Thank you. And thank you for your vision for the future. However, it's time. You set about a fire fee. You decided when you instituted it that it would be in fact, temporary, and that it would only be used for capital improvements. I don't know how many more of those little Tahoes you can buy, and I can't imagine that you're going to need any more fire trucks right at this moment. So my thinking is that it's time to sunset the fire fee. You said it wouldn't be permanent. So far, I haven't seen anybody mention sunsetting it. You now have a surplus. You now have a surplus, but I still haven't seen anyone talk about sunsetting the fire fee. You have all those new Tahoes, and still, no one's talking about sunsetting the fire fee. You have special assessments now on your tax bill. You have the -- the garbage fee is on it, the fire fee is on it. One of the other gentlemen said here earlier this evening that they're not tax deductible. But you've hired the County to collect those things. There's no protest about them anymore. We can't come to you directly about them. They have to be paid with your tax bill. The millage rate is higher than many of the other cities. I agree that you lowered it this year. I'm delighted to know that. But you still have fees. You have this special assessment that needs to be sunsetted. There's no reason to continue the fire fee. It was a bad assessment when you made it. It's still bad. You still need to remove it. It is time. It was supposed to be temporary. Three of you that are here today know it was supposed to be temporary, because you voted for that. You said that when it was instituted. This is the fifth year. Get rid of it. Stop asking us for 181 September 11, 2002 this kind of money. Charge the right millage rate, enter into excellent management. I believe that you can accomplish what needs to be accomplished to run a world class City. But you don't need this fire fee. It was supposed to be temporary. It is time for you to sunset the fire fee. Chairman Regalado: Thank you very much. Charlie. Charlie Cox: Charlie Cox, President of Local 1907, 4011 West Flagler Street. I have a few things I'd like to say today on a few different issues. I sat here probably for the last six months like an ostrich and watched a whole lot of things go on. And I don't necessarily disagree with most of the stuff in the budget, but Commissioner Teele made me get up here and give my word when we gave -- when we got our contracts. And you know what? I gave my word. The problem is, nobody else has kept to their word. And I don't think it's right. And you know what? I know how to play this game. I've been playing it a long time. And if it has to get out in the public, then I will do that. There are a lot of issues. The budget process, I was not a part of. I let the Labor Relations Officer know the last day of the budget process, I get a fax the day after saying that this is when we're meeting on these departments. I did get the book well over a week ago, and I have got to analyze it. So I do appreciate that part of it. The Mayor has come up here and given a budget summary today. A whole lot of words, and they were great words. But I don't have any backup for anything that's being presented by the Mayor. The Manager said, we're close, which may mean they are close. But, I mean, I have the Manager's proposal here on what the numbers are. I do a lot better with numbers than I do words. We were told that we want to be included in this process. And the Mayor did say that we are going to create a joint labor process now. Well, I think that's putting the cart after the horse -- before the horse -- I'm sorry. Because we've been going on now -- This budget is the most important thing for this City. It is also the most important thing for the employees. I have been reading articles in the paper. And I'm going to tell you, the morale in the City is lower than I have ever seen it, even when we were taken over by the State and everything else. And that's the employees. I have never seen the morale so low. Let me tell you all something. I've been an employee for 27 years. This City has been good to me. The citizens have been good to me. But I also, I have been good to this City. I don't think anybody can question my work ethic. And if they do, I'd love to compare hours I put in compared to them. I have a staff of two. I compete against a City of 3,300 employees. That's every department that I protect, the people that I represent. So I must be putting in a few hours to be able to do that. I will also tell you that when I read statements in the paper that the well is poisoned by our employees here, you know what? I get offended by that, because I'm one of those employees that's been here for 27 years. Let me tell you something else. This City didn't train me, one iota. I came here from Florida Power and Light. I was a licensed lineman when I came to the City. I took a test. I came in the door. I am proud to be a City employee, but I've also -- and 90 percent of the people I represent are damn proud to be City employees, and they're good employees. And to keep hearing these things over and over, that we need new blood, well, you ought to look at how many people you've hired in the last few years. You've hired 500 new employees, all of those out of my bargaining group. And if there's so many inefficiencies, which that's what we're going to discuss, Labor/Management inefficiencies, then they must be all with my employees, because you're not hiring any new people from Police and Fire side. And you know what? That's the way it should be. We don't have upward mobility in the City anymore, because we're no good. And at some point in time, those things are going to have to be addressed. I will tell you, if we're going to sit 182 September 11, 2002 here and do budgets and not know what the numbers are, there's something wrong. I know what the Manager's numbers are, I absolutely do. I don't know what your numbers are, Mayor. And I respect you totally, but I would like to see some of the numbers, to where they are off, so on the 23rd that I can come here and intelligently speak about this book, and speak about that. There was a couple statements made here today that I definitely disagree with. I've been Union President now for 15 years. What you're going to do with your executives or the people that run this City about basing their raises on their performance, I saw that before. I was here when they did it before, and it was the biggest political mess I've ever seen in my life. I don't think it's fair. I don't think it's right. You're the ones that make the policies. You have to decide. But that turned out to be the biggest political mess in this City, and there was more articles wrote about it. I will tell all of you something else. I will be here probably after most of you. I intend to be here for another six or seven years. And when I leave here, I'll leave here with 33 years of service, and with my head held high, just like most employees do. We're worried about the payouts. Well, we've had more people retiring since the last early retirement we've done. So you're losing us. You're losing us, left and right. And in my opinion, you're going to be losing a lot of experience and a lot of knowledge. And when statements are made, I would hope that everybody thinks what they're saying before they make it. And if you have anything that you want to take out on me, you're more than welcome to do it. But I would hope I would get some backup before the next budget hearing. Thank you. Chairman Regalado: Thank you. OK. Anybody else? Yes, sir. Mr. Johnson: Cary Johnson. I'm here to speak about the fire fee. I was here when it first was initiated, and it was supposed to be, I guess, a five-year thing, because the State -- you know, everything was, you know in a negative amount of money with the City, and it was told that it would be for five years until the City gets back on its feet, and that, you know, so far, I guess that time has come. And it's still becoming part of my taxes. And I would like to know, now that it's a surplus in the City, is this going to continue on, or is it going to be reduced down, or what's going to happen with it? Because, I mean, like I said before, where my property is located, I cannot increase rent, as in some other areas, because most of my clientele is Haitians, and people who's only making minimum wage. So I'd like to know, is this going to be something that, you know, I'm going to have to go out and continue to take a loss on? Being that, you know, it's quite high, compared to what I charge in my rental units, which is mostly efficiencies. Chairman Regalado: What you want is an answer on the fire fee, on sunsetting. Mr. Johnson: Yes. I would like to know, is this going to be the final year of it or -- Chairman Regalado: Well, I think -- Mr. Johnson: -- is this something that's going to be continuous, or what? Because -- Chairman Regalado: I think it's only -- Mr. Johnson: -- I come down every year on the fact that -- 183 September 11, 2002 Commissioner Teele: Mr. Chairman. Mr. Johnson: -- it was told that it was going to only last for a certain amount of time, because the City was in a deficit with Solid Waste -- OK? -- which now, you know, you have a new system in place. I see less, I guess, Solid Waste employees that's needed, and I'm pretty sure the City has a surplus now. So is this something that you're just trying to make more of a surplus with, or is it something that, by, I guess being one of the people that pay the Fire -Rescue fee, is it going to stop or what? Chairman Regalado: Sir, the fire fee was designed to buy equipment and capital improvement for the Fire Department, because at the time of the crisis, the Fire Department was going through an internal crisis, because of lack of new equipment and situation -- that the situation they had in the fire stations. During those hearings -- I remember, because I was here -- it was said that this should be imposed for the next five years, in order to raise certain amount of money to buy the equipment needed for that. But to my recollection, never had an official sunsetting. However, I think that the people of Miami do deserve an answer. And I hope that we can come up with some idea in the next meeting. And, you know, I'm sure that if it weren't for the Mayor and all the members of the Commission, and even the Manager right now, we'd do away with that. But we need to get a real answer for you. And in the next budget hearing -- Vice Chairman Winton: Excuse me, Mr. Chairman. Chairman Regalado: -- we can, I'm sure, we can expand on this. And you are invited to. I know that you come to the budget hearings, and that's an issue, as well as the lady that -- Vice Chairman Winton: Mr. Chairman. Chairman Regalado: -- was here just a few minutes ago, that she always comes to the budget hearings. So I guess that you do deserve an answer and -- as a resident. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: We do have an answer. The fire fee is in the budget for the next five years. I don't know why we're trying to mislead anybody. It's in the budget for the next five years, the fire fee is. Chairman Regalado: I am -- I am not -- he's asking, because I remember him from -- Vice Chairman Winton: Well, I know he's asking. And let's give him an answer. For now, the fire fee is in the budget for the next five years. Commissioner Sanchez: For five years. Commissioner Teele: And any three people can take it out of the budget right now. 184 September 11, 2002 Vice Chairman Winton: That's correct. Right now. Commissioner Teele: In the out years. Not just coming years. All you got to do is make a motion and come up with the money for a replacement. Chairman Regalado: Exactly. Vice Chairman Winton: That's right. It's that simple. And by the way, just so that the public knows, I own an office building downtown, and the fire fee on our office building downtown, I forget the number. Nine, eleven, $12,000 a year. I mean, it's a big number for our downtown building fire fee. So it isn't something -- It has a direct impact on me, very direct impact on me. Don't like the fire fee. Don't like the parking tax. But, you know, all of these pieces fit together to create the budget. And the budget that we have now may be the best budget we've seen in this City in 20 years. And I'm not about to introduce the resolution to save me the money, because I know that there's a place for that fire fee today in our five-year plan that's going to allow us to do the things we need to do to make this City great. And you can't just pull the $13,000,000 out of the budget and continue to do the things that all the rest of our constituents are demanding us to do in improving the quality of life in neighborhoods. So as far as I'm concerned, that's the answer. Chairman Regalado: OK. Mr. Johnson: OK. So what you're saying is that you've already planned for the next five years to have it included into the budget. Vice Chairman Winton: It is in the five-year plan, it's been in the five-year plan and it's still in the five-year plan. Mr. Johnson: Well, the five-year plan, it's already been five years from when it was first started. Vice Chairman Winton: It's in the current five-year plan. Mr. Johnson: So it's five more years now. Vice Chairman Winton: That's correct. Mr. Johnson: So now it turns into a ten-year fire fee instead of a five-year fire fee. Vice Chairman Winton: That's the answer. And until somebody from -- three people from this Commission figure out a way to replace that revenue stream with something else, it's going to be there. Mr. Johnson: OK. So what about the surplus that you have in the City? 185 September 11, 2002 Vice Chairman Winton: I don't think this is going to be a debate. You asked a question. I gave you an answer. Mr. Johnson: OK, fine. It's just that, you know, I'm looking at what was told to me from the beginning of the Fire -Rescue fee, and now, I guess, as usual, they say, well, now, we're going to include it in from now on, indefinitely, in the future. I mean, you know, that's not what should be. But -- Commissioner Teele: If I could, I will give you my word that I'm prepared to look at how we can begin a structured way of reducing toward elimination of the fire fee. But it's not as simple as eliminating it, because if you could tell me where to come up with the 13, $14,000,000, and, you know, really have that -- I can't figure that out. But I can tell you this: Number one, everything that the Chairman said is absolutely correct. It was, it was an emergency. It was voted on by the City Commission before I was elected in the budget. In September, before I was elected, in 1997, the City Commission voted to impose the fire fee. I got elected in November of '97. There wasn't one motion or one vote to impose the fire fee. That was -- because you had to do the budget in September. Then in November, after the election, when -- dah, dah, dah, dah, everybody ran away from the fire fee. Then that's when the Governor said, if you all don't impose the fire fee or something else, we're going to come in and take over the City. And that's when I got to meet Mr. Nachlinger. And he worked the entire Christmas, trying to avoid the shutdown of the City with the Governor. And it went all the way, literally, to within eight hours of the Governor basically pulling the trigger. And the fire fee got adopted, I think, on a three to two vote, because you never voted for it. Commissioner Sanchez: Neither did I. Commissioner Teele: OK. But you weren't there then. I'm just saying -- But Tomas, in December of '97 -- Chairman Regalado: Yeah. Commissioner Teele: -- he did not vote for the fire fee. Bert Hernandez was here, and -- Chairman Regalado: Willy, Plummer. Commissioner Teele: -- Willy and J.L. And it was -- it was just -- But the problem for me was the Commission had voted to do it. Then when it came time to impose it, after the date of the election, there were no votes there. But everybody got sold. And that's why I respect Commissioner Winton, because he's speaking to you honestly and truthfully. It may not sound good, but he's saying exactly what the truth is. Every time we pass a budget, just so that it's clear to the public, we don't pass just the budget for the year, 2003 budget. And that's what the head of the Union was just complaining about. He wants to see the background. The details of that budget contained a budget for 2004, 2005, 2006, 2007. So when -- every time we pass a budget, we're obliged by State law to pass a five-year budget from that year. So there's five years in this budget, in the out years. That's where I think there's going to be a lot of discussion between the Mayor and the Manager, in the out years. The problem is this -- Commissioner 186 September 11, 2002 Winton told you the truth -- it's in the next five years, and we could all smile and say, well, we'll look at it and come back. And we haven't done anything. I think where this Commission broke faith -- and I was a part of it -- was that when we passed it, it was sold to us as a capital program. Halfway through this thing -- and even the people on this dais, my colleagues, who have always opposed the fire fee, every time it's time to spend money, the vote has been five to zero to spend it. So, you know, you figure that part out. But this is the problem: We've got -- and I think we can begin to say right here, right now that we're going to put a limit on the amount of operating dollars that come out of that fire fee, and try to get back to the original intent of what the fire fee was, which is capital, because if we can do that, then we can start to phase out in some of the out years the fire fee. Because, they're right, once you buy, you know, 20 red fire trucks, or whatever, you're not going to need a blue one, so why keep buying them? And so I think we ought to look at how we can begin to put some limitations on the capital to the operating on the fire fee. Do we have that now, Mr. Manager? Is there any limitation? Frank Rollason (Assistant City Manager): There's a set amount, I believe. And I've sort of been out of this for a little while, but there is a set amount right now that is set for the capital. I think the other one is what fluctuates. Mr. Gimenez: Four point two million is set aside for capital from the fire fee. We get about $15,000,000 a year total, so the rest is for operation. Commissioner Teele: Is it percentage or is it just by -- Mr. Gimenez: It's four point two million dollars is allocated for capital and has -- that's been the historical since the beginning of the fire fee. And the rest is used for operations. Commissioner Teele: But is there a resolution or an ordinance -- Mr. Gimenez: No. Commissioner Teele: -- that says at least -- In other words, what is there to prevent the backsliding that's always occurred? When this was passed, it was 100 percent. Can you all come in tomorrow and say, by resolution, for example, that we'd like to spend another $400,000 for operating out of that four point two? Mr. Gimenez: Yes, we can. The original, the original fire assessment was passed -- excuse me - - strictly for the capital of the Fire Department, and it was -- the original amount was four point two million dollars. And four point two is allocated every year for capital. That maintains the Fire Department infrastructure and the Fire Department really doesn't have to tap into any other sources for infrastructure maintenance in the City. I think that what you're proposing is that we look at a way -- I still -- I think that there needs to be a base for the infrastructure needs, because we're always talking about we don't fund infrastructure. So there are always -- there should be a fire fee that maintains infrastructure. But I can see that, as we progress, there could be a reduction in the fee, you know, a gradual reduction in the fee, because there is an augmentation of the fee, due to growth. And you can start to, you know, take it down $3, you know, couple dollars, et cetera, et cetera, on a yearly basis and start to get that fire fee down. 187 September 11, 2002 Commissioner Teele: Mr. Manager, would you draft up a resolution to be considered at the next budget meeting, as a part of that budget, for the Management to conduct a study and review internally, and to come back within 180 days or so on a method to begin -- Commissioner Sanchez: Reduction. Commissioner Teele: -- to reduce the fire fee, based upon the principles that you've outlined? Mr. Gimenez: Yes, sir. Commissioner Sanchez: Second. 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. 02-1021 A MOTION DIRECTING THE CITY MANAGER TO DRAFT A RESOLUTION TO BE CONSIDERED AT THE NEXT BUDGET MEETING, FOR AN INTERNAL STUDY AND REVIEW OF THE FIRE ASSESSMENT TO BE CONDUCTED AND COME BACK WITHIN 180 DAYS OR SO WITH A RECOMMENDATION TO REDUCE THE FIRE FEE BASED ON PRINCIPLES OUTLINED. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Mr. Johnson: Also, maybe if I owned an office building downtown, where I'm charging a thousand dollars a month rent, you know, instead of maybe in the lower -- Commissioner Teele: You just won the biggest battle of the year. 188 September 11, 2002 Mr. Johnson: Well, I'm saying, I'm paying the same Fire -Rescue fee -- Chairman Regalado: Listen, listen. Some people have gone to court to do this. Mr. Johnson: Well, I'm paying the same Fire -Rescue fee that somebody else paying. Chairman Regalado: And you came to the right place. But you came to the right place. But you're right, and he's right, and he's right, and, you know, we're trying to do right here. Mr. Johnson: OK. Well -- Commissioner Teele: Mr. Chairman, in all fairness, I don't think it's fair for you to start a dialogue about someone else's business versus -- Mr. Johnson: OK. Commissioner Teele: I mean, that's just not the spirit of what we're trying to do here. Mr. Johnson: Right. But what I'm trying to say here is that if I'm charging $300 for a rental unit -- OK? -- and somebody else is charging a thousand dollars for a rental unit, and their Fire - Rescue fee is the same price as what I'm paying -- OK? -- it's hurting me a lot worse than somebody who's paying a lot more. Vice Chairman Winton: You ought to go downtown and deal with the fire fee -- you ought to go downtown and deal with the parking surcharge on top of that. So. Mr. Johnson: Well maybe -- Vice Chairman Winton: Mr. Chairman, how long are we going to -- you know, how long is -- there shouldn't be a debate. The man made his point and we've addressed the point. Chairman Regalado: Well, there is no debate at all. We just passed a resolution and we thank you. Mr. Johnson: OK. Maybe next year -- Chairman Regalado: And we'll go on, we'll go on with -- Mr. Johnson: See you next year. Maybe it'll be better. Chairman Regalado: See you next -- well, see you next session, on September 26th at the Lyric. You will hear the resolution that was just passed. Go ahead, sir, on the budget. Hector Brito: Yes, sir. Good evening, Honorable Mayor, Mr. Chairman, distinguished Commissioners. My name is Hector Brito, 2425 Northwest 3rd Street, a resident of City of Miami for 30 years, and a resident of the County for a little bit over 40 years. It's very, very 189 September 11, 2002 easy to come up here and to criticize the efforts of the jobs that you're trying to do. I want to take this opportunity to commend each and every one of you for your -- this body. And I haven't been up here in more than 15 years. I try to stay away for circumstances. But I just want to take this time to make sure that you know that your efforts and the changes that have come about, especially with the collegiality, the professionalism, the decorum and even the respect that's being shown in this body recently. Certainly deserves recognition, and certainly is appreciated by the residents of this community. Commissioner Sanchez: See, I knew that we were going to get a compliment today. And thank you so much. Mr. Brito: You're very welcome, Commissioner. And your efforts are duly noted and are appreciated by the residents. You all have an opportunity to take this great City and to make it into a true world class City. You have at your hand and in your power the -- through your initiatives and your efforts the ability to be able to transform this City into the gateway to the Americas. I truly believe that with the individuals, including the staff that you have, that this -- you will see some real changes in this City that will make all of us, including this collegial body proud to be a part of this City. And I thank you for your efforts, for your time, your dedication, and most of all, for your patience in dealing with the residents at large. Thank you for your indulgence and thank you -- have a nice evening. Chairman Regalado: Thank you. Thank you very much. OK. Anybody else? Commissioner Teele: Motion to close the public hearing. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion to close the public hearing. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-1022 A MOTION TO CLOSE THE PUBLIC HEARING ON THE CITY OF MIAMI BUDGET FOR FISCAL YEAR 2002-2003. 190 September 11, 2002 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: OK. We've done the millage, amend, re -computing the proposed millage rate, and we've discussed the budget. There is some issues that the City Commission wanted to discuss. One thing that I wanted to present to the City Commission and to the Manager and the Mayor is that I've been looking at the table of organization. I feel that it's important that the Office of Hearing Boards, which was transferred to the Planning and Zoning Department should be back to the Manager. Although you're going to say, well, the Manager runs every department. But according to this table, these departments here are reporting directly to the Manager. And the reason that I'm saying that Hearing Boards should be under the Manager and not under Planning is because we have a Planning Board, we have a Code Enforcement Board, we have a Zoning Board with citizens that are working very long and hard hours. And we have these citizens to make decisions. And we have the opinion of the Planning Board and of the people that come. I really think it's a chilling effect to have the Office of Hearing Boards under the Planning. I think it should be under -- directly under the Manager. And that's why I would like to make a motion for the Manager to consider that and come back on the 26th with this amended table of organization. Commissioner Teele: Is there a second? Commissioner Gonzalez: Second. Commissioner Teele: All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Teele: All opposed? 191 September 11, 2002 The following motion was introduced by Chairman Regalado, who moved for its adoption: MOTION NO. 02-1023 A MOTION DIRECTING THE CITY MANAGER TO AMEND THE TABLE OF ORGANIZATION OF THE CITY OF MIAMI TO HAVE THE OFFICE OF HEARING BOARDS REPORT DIRECTLY TO THE CITY MANAGER INSTEAD OF ITS CURRENT POSITION UNDER THE DEPARTMENT OF PLANNING AND ZONING. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: Thank you. That's one of the things I wanted to discuss. We have a first reading ordinance designating the territorial limits for the City of Miami for the purpose of taxation, fixing the millage and levying taxes in the City of Miami, Florida. This is part of the process. Do we have a motion? Commissioner Gonzalez: Where are we? Mr. Vilarello: Mr. Chairman, the Millage Rate Ordinance was already adopted. The tentative millage rate was already adopted. Chairman Regalado: OK. Mr. Vilarello: You are now on the budget, the tentative budget. Chairman Regalado: OK. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I would ask that each Commissioner be afforded the opportunity to address the Manager for up to 15 minutes -- 192 September 11, 2002 Chairman Regalado: Absolutely. Commissioner Teele: -- to go through whatever their issues are, or however shortage of time they want. But I mean -- Vice Chairman Winton: One minute. Commissioner Sanchez: One minute. Commissioner Gonzalez: One minute. Chairman Regalado: One minute, two minutes. I mean -- Vice Chairman Winton: We've been talking about it for an hour. Chairman Regalado: I mean, it's early, I'm telling you. Vice Chairman Winton: It's early, so we're going to make sure we make it late. Commissioner Teele: No. Chairman Regalado: Yes, because -- Commissioner Teele: No, but what I don't want to do is sit here -- Chairman Regalado: That is -- Commissioner Teele: What I don't want here -- Chairman Regalado: We cannot break with history and tradition. Vice Chairman Winton: I'm trying. Commissioner Teele: What I don't want to do is come in here on the 26th and have a lot of open issues -- Vice Chairman Winton: Right. Commissioner Teele: -- and then nobody discussed them. And we didn't -- and I want to start with the estimating conference issue. Chairman Regalado: Let me just remind something on the 26th. We have in the afternoon of the 26th a CRA meeting -- a CRA meeting that it's being -- it was requested and cancelled, because this Friday, members of the Commission could not be here in Miami. So the Chairman of the CRA and the Executive Director have requested that on the 26th, we have some time for the 193 September 11, 2002 CRA. So you have CRA. We have also PZ (Planning and Zoning) items on the 26th. So it's important, like Commissioner Teele says, that we get some of these issues flushed out, and, you know, we're really going to save time on the 26th. Vice Chairman Winton: Well, Mr. Chairman, I'll start then, and mine will be one minute. I've met with both the Mayor and the Manager. I have spent a great deal of time with each of them on this whole budget thing. And I heard the Manager say that he is anxious to work with the Mayor to resolve the few really -- as he described it -- minor issues that he feels strongly he can resolve. So as far as I'm concerned, I'm anxious to vote on adopting something tonight. I'm not sure which of those -- Commissioner Teele had some idea on which one we adopt -- and further support the idea that the two are going to get together and bring back a combined something that we will finalize on the 26th. Chairman Regalado: OK. Vice Chairman Winton: Done. Chairman Regalado: Commissioner Teele had some -- Commissioner Teele: I'll yield. Chairman Regalado: Commissioner Sanchez, Commissioner Gonzalez. Commissioner Gonzalez: I also had the opportunity to meet with the Manager and with the Mayor, and as Commissioner Winton, I'm ready to vote on something. I know the final product of both budgets is going to be a perfect budget. Commissioner Sanchez: Mr. Chairman. Commissioner Gonzalez: And I know they're going to get together, and they're going to work out whatever the differences they have. Commissioner Sanchez: Well, Mr. Chairman, I'll stipulate to what both of my colleagues -- but I just have one issue that -- Commissioner Gonzalez: By the way, buy me a new chair and we'll be even. Commissioner Sanchez: Yeah. Yeah, we'll add it to the budget to get you a new chair. But under the issue -- Chairman Regalado: Joe, you can use -- they use only one and one minute, so you can use 14, 14 and -- Commissioner Sanchez: No, no, no. Mine is going to be brief. I'll basically just stipulate with what they said. But I also want to make it -- bring it out at the right opportunity to address the concern that I have. And once again, Mr. City Manager, it is the public facilities that we have. 194 September 11, 2002 We have nine facilities, the -- all the marinas, the James L. Knight, the Orange Bowl, the Artime Theater that were here tonight, the Coconut Grove Expo. You know, we really -- $50,000 isn't going to promote these venues. I mean, I'll give you a perfect example. This is a venue right here. Look, it's a beautiful venue, all right? Acoustic is great. And if you look at the records, they have been able to attract a lot of community-based -- this is a community theater, whether we like it or not. Some people say the neighborhood is a little bad. It's gotten much, much better. You're starting to see more events come. But it's not promoted. And I -- and you're talking not about this facility, you're talking about other facilities. Fifty thousand dollars really isn't -- it isn't enough. I'd like you to look into it and maybe increasing the budget a little bit so these nine facilities could be promoted properly. And, of course, through promotion, they'll be able to bring additional revenues to the City. That's it. Vice Chairman Winton: I'll second the motion and the -- so the motion is the Manager is going to bring back some modified recommendations tied to -- Commissioner Sanchez: Increasing it. Fifty thousand dollars, come on. That's a slap in the face and an embarrassment to these nine facilities. Vice Chairman Winton: (UNINTELLIGIBLE) public facilities. Second the motion. Commissioner Sanchez: And the great staff that run all these facilities. Commissioner Teele: Second. Commissioner Sanchez: I'll make the motion to second it. Vice Chairman Winton: Well, I guess I'm the -- I guess I'm the Chairman right now. Did you second it? Commissioner Gonzalez: So move. Commissioner Sanchez: There's a motion and a second. Vice Chairman Winton: We got a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. 195 September 11, 2002 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 02-1024 A MOTION DIRECTING THE CITY MANAGER TO BRING BACK MODIFIED RECOMMENDATIONS INCREASING THE ALLOCATION FOR PROMOTION OF CITY FACILITIES BY $50,000. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None ABSENT: Chairman Tomas Regalado Vice Chairman Winton: Commissioner Sanchez, are you -- Commissioner Sanchez: Yes, sir, I'm done. Brief. Vice Chairman Winton: Commissioner Teele. Commissioner Teele: Mr. Chairman, thank you. I'm really pleased that Mr. Cox spoke, and I would hope that in the future that all of the unions will come to the table and give us a little bit more direct information. And then particularly, I would hope that the budget process gets opened up a little bit more to include, perhaps, an executive meeting with the union, the Management group before we get to the public hearing, just so that there can be some real give and take, and it's not a take it or leave it. I'm very encouraged with the dialogue that has gone on. And I'm grateful, Mr. Mayor, to you for the hours that you have spent on this, literally hundreds of hours, and the hours that you afforded me and my colleagues. I do think that the union leader, Mr. Cox made a point, and I think a part of it is any time there is anxiety, there is all sorts of missed cues, misdirections, perhaps even intrigue. Mr. Manager and Mr. Mayor, I would appeal to you all jointly. If there is a proposed organizational -- re -organizational plan that is being done, I think the time to roll that out is in the budget process. That's when you normally do organizations. You don't do organizations around individuals normally. You do it around structure. And I would ask the Manager and the departments to review the organization which is a part of the Budget Ordinance, as well as the FTE (Full -Time Equivalents), and let's make sure that we've got this thing right. I know we've got two or three different variations of it. I'm very concerned about the number of people reporting directly to the Manager, is my concern. And I really do think that the organization needs -- it is just -- there may be an opportunity to look at an organizational plan. And obviously, if you're not prepared to do that, 196 September 11, 2002 Mr. Mayor, in the budget, or at least give us a preview of something. But I think a part of what Mr. Cox is complaining about is the kinds of rumors that always go along with the intrigue of is there going to be changes, and this, that and the other. And I think the way to do this is in a very professional manner that gets us to an approved organizational plan that we can look to, without necessarily the names, in terms of a proposed organization, so that that can be vetted. I'm very concerned, especially about the Labor Union issues. And while everybody that spoke today that complained about services had one thing in common, they're complaining about the services that are being delivered. And I know, Mr. Mayor, you have spoken on that. Every message you've given, you highlight that. But I don't sense the excitement and the budget priority of the service - related activities versus the headquarters -related activities. In other words, we spend a lot of money in technology. We spend a lot of money in the back room operation. And I'm just sort of saying, let's look at the NET structure early on. There is -- since Raul Martinez -- is Raul here today? The last thing that I said to Raul Martinez in the budget meeting as an Assistant Manager was -- Raul, and you need to -- because I don't want to misquote. When can we expect a review and a Management review of the NET offices? We're going to have a workshop. We're going to have a retreat over Christmas. That was three years ago, I think. We're still waiting on that Management review. What is the role? What is the mission of NET? We've got some NETS doing one thing, some NETS doing another thing. And NET is where the rubber meets the road, other than with Parks and Public Works, with the public. And I would hope that in terms of the priorities of construction in the bond issue that we prioritize NET offices, as well as those fire stations and police stations, as well as the sidewalk improvement. And that's the kind of hope - thinking that I would like for our process to be devoted to, as a little bit of policy direction in terms of that. We cannot treat everything the same. And with all due respect, I know that the people here from the Virginia Key Trust have been very patient about water, and sewer and the kinds of things that they've got some priorities with. But we've got to get dollars out there where the public knows that we're spending those dollars. We need to have a plan to automate, to upgrade and to ensure that every NET office, all 16 NET offices are upgraded as a priority. The best way to let the public see that we're spending their money and we're investing in this community or into this City is where the public interfaces with us. And I would continue to urge that we do that. In that regard, Mr. Mayor, I don't know how this is working out, I really don't. And I've received your briefings, and I'm really encouraged. But we've got ninety million dollars ($90,000,000) of carryover capital, roughly, seventy to ninety or a hundred of carryover capital. We've got a bond issue of whatever the amount -- a hundred and fifty. Mr. Gimenez: It's a hundred and fifty-five million. Commissioner Teele: One fifty-five. And then we're talking about the capital program. And I'm not sure what we just did, Commissioner Winton, based upon your motion on the ledgers and the this and the that. But I really do think that we ought to look at a pilot program, Mr. Mayor, of how we can develop a capital program that just sort of flows for five years, as opposed to every project coming back through, through a cycle. And I think the $7,000,000 that's in the budget -- is it 7,000,000 in the budget of the capital -- the recurring capital, capital improvement? Is it -- what's that number? Between gas tax and the capital improvement -- Unidentified Speaker: Storm water. 197 September 11, 2002 Unidentified Speaker: For the -- Commissioner Teele: Storm water, yes. Linda Haskins: The storm water utility is six point one million. Linda Haskins. Commissioner Teele: I think we have the opportunity to create a parallel pilot program some kind of way, because the one thing that everybody complained about is sidewalks. And we've got a problem there, and we just need that program. So I would hope that our budget not only will just have these numbers, but some priorities. And we will know a little bit, Mr. Mayor, in terms of this as to how we're going to approach it. My main concern is essentially the employees of this City, in terms of training opportunities, promotion opportunities, because I really think if you invest in the people, the people will make the system work. And I don't see that we are -- that that becomes again a priority, the training. I would hope that we have a program that allows for people to go to college or receive college credits, et cetera, and be reimbursed on a very, very aggressive basis, and the things that we talk about every year. And so I have no real disagreements. I am concerned about the growth factors associated with the Manager's budget and the Mayor's budget. I think we need to be very, very cautious about assumptions on growth in the out years. But I'm hopeful that the Manager and the Mayor will reach an accommodation on that particular issue. And the final comment that I would have in this regard would be the budget process is so much better than it has ever been, Mr. Mayor. And that has a lot to do, I think, with your involvement in it, and the continued refinement of what has happened through the staff process. But, Carlos, I want to say this to you: We are a little bit behind, I think, in the budgeting process this year. But every year, I am so impressed with your sincerity and your -- you know, working to get a handle and get -- I mean, this isn't what you spent the last 30 years of your life or career doing. I mean, you were doing Fire, you know. You were doing what you are, which is a Fire professional. And I just want to continue to encourage you to be the professional that you are. I'm sorry that you have announced your resignation when I was out of town, and I've said that to you privately. But I really want to commend you for the professionalism. And I think the budget is the most important thing that we do. If we screw it up, interest rates start to go up, Wall Street starts to react differently. There are a lot of things that just begin to go the wrong way. And I really commend you for working professionally, even though you've decided to pursue new options. And watching TV last night, there are probably a lot of options around. But please be encouraged and continue to work in the professional manner that I think you're handling this. Mr. Gimenez: Thank you for your kind words, sir. And I will always try to be as -- you know, a professional, and really try to be a credit to the Fire Service, because, I mean, I'm like the first fire fighter that ever became a City Manager. I want to make sure that there will be some people that follow in my footsteps and that you look in different directions in the City to see who can be -- who can be and take this position of City Manager. A lot of people just think it comes from one particular area, but in actuality, it could come from a lot of different areas. Commissioner Teele: Thank you, Mr. Chairman. Chairman Regalado: OK. 198 September 11, 2002 Mr. Gimenez: Commissioner, also, if I may, you talked about the organization and a re- organization plan, and while I think that the table of organization that you have here is not going to be changing much for the next meeting, I will be willing -- and if the Mayor is willing -- that we will be bringing what we feel should be the organization of the future in the City, or at least, you know, I think we can do that, and something that you can work towards, because you do have a lot of opportunities at this point to make some changes. And that's something that you can, like I said, work towards, you know, in the future, in terms of how to change the organizational structure and reduce the number of people and direct reports, and get in more in line with like a corporate structure for the City. Commissioner Teele: Well, I want to be very clear. I think it would be helpful, but I really think that that's something that maybe you and the Mayor could agree on or not agree on or -- and if you don't agree on it, don't submit it. But if there is an agreement, obviously, you know, what we'd like to do is see it. And, you know, you've indicated that you do plan to go pursue other options. But this is the concern, you know, to sort of put it on the table, Carlos. There are a lot of people in this City, you know, division directors, or chiefs, acting department heads, which, you know, really need a sense that the City is not going to go in a direction. I've seen this happen now with all of this stuff that the City has gone through. And I would hope that you and the Mayor would meet over the next two weeks. And if there are people that should have been promoted -- You know, last year, I talked about how many assistant -- how many actings do we have? We had one lady who had been acting for four years. That's -- you know, that's almost cruel and unusual punishment to put somebody in that position. Either promote them, get rid of them or give them a job. And I think if there are situations that we've got lingering around that have not been dealt with, I would hope that even though you're leaving, if you and the Manager - - you and the Mayor and everybody is in agreement, I just hope that we can continue to move in a seamless manner, and not have the kinds of things that the union leader is complaining about, because he's speaking for a large number of people, or at least some people. And it has nothing to do with you, and it has nothing to do with the Mayor. It has to do with the culture of the City of Miami. Whenever there is a change at the top, the place goes crazy at the bottom. And that's just sort of the culture that we've created here. Vice Chairman Winton: Mr. Chairman, is it time to make a motion, then, on the budget? I mean, Mr. Chairman -- Chairman Regalado: On the budget? We already did. Commissioner Gonzalez: We already did the budget. Vice Chairman Winton: We've done the millage and the budget. Commissioner Gonzalez: And we can pick up on -- Mr. Vilarello: No. You had the public hearing on the budget. Vice Chairman Winton: I didn't think we'd done the budget. 199 September 11, 2002 Mr. Vilarello: You have not taken a vote on the budget. Chairman Regalado: Oh. You mean on the Manager's budget. Vice Chairman Winton: Yes. Chairman Regalado: OK. Vice Chairman Winton: So I guess I would move adoption. Chairman Regalado: We have a motion. Commissioner Gonzalez: Second. Chairman Regalado: And a second. It's an Ordinance. Mr. Vilarello: And Mr. Chairman, that would be on what was distributed on the dais today as opposed to what was distributed in the package. There's slight changes. And that's an Ordinance. Commissioner Sanchez: Could you read the Ordinance? Chairman Regalado: Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was passed on first reading by title only, by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 200 September 11, 2002 Chairman Regalado: OK. We go on to the tentative budget for the Downtown Development Authority. Vice Chairman Winton: What item is that? Chairman Regalado: Item 49. This is a public hearing. Mr. Vilarello: Excuse me. Mr. Chairman, I believe the next item is 47-C, the Capital Improvements Projects Schedule. Chairman Regalado: Oh, I'm sorry. I missed that. I missed that one. 47-C, it's a first reading, the Capital Improvements Project. Vice Chairman Winton: So move. Commissioner Teele: Second. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. Read the ordinance. We close the public hearing. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS FOR THE NEW CAPITAL IMPROVEMENT PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2002-2003 AND CONTINUING PREVIOUSLY APPROVED PROJECTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton, seconded by Commissioner Teele, and was passed on first reading by title only, by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: Item 48 is -- we're going to leave that for a little later. 201 September 11, 2002 56. RELATED TO TAXATION, DEFINE AND DESIGNATE TERRITORIAL LIMITS OF DOWNTOWN DEVELOPMENT DISTRICT OF CITY; FIX MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, AT FIVE -TENTHS (.5) MILLS ON DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT. MAKE APPROPRIATIONS FROM DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR DOWNTOWN DEVELOPMENT AUTHORITY OF CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. Chairman Regalado: We'll go on to 49, Downtown Development Authority. Vice Chairman Winton: So move. Commissioner Sanchez: Second. Chairman Regalado: We have a motion and a second. This is a public hearing. Anybody from the public? Being none, we close -- Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Regalado: -- the public hearing. Yes, sir. Mr. Vilarello: I'd just like to read into the record that the proposed tentative millage rate is -- by the DDA (Downtown Development Authority) is 11.16 percent over the rollback rate. Chairman Regalado: OK. That's read on the record. OK. We have a motion and a second. Pricilla A. Thompson (City Clerk): No. I don't have a second. I'm sorry. Chairman Regalado: Yes, we do. Commissioner Gonzalez: Yes. Chairman Regalado: The second it's Gonzalez or Sanchez, one of them. Commissioner Sanchez: Either one. Chairman Regalado: Gonzalez and Commissioner -- Commissioner Gonzalez: I second. Chairman Regalado: -- Winton moved it. 202 September 11, 2002 Vice Chairman Winton: Call the question or read -- Chairman Regalado: Read the ordinance. Mr. Vilarello: Downtown Development Authority? Vice Chairman Winton: Yes. An Ordinance Entitled — AN ORDINANCE, WITH ATTACHMENT(S), OF THE MIAMI CITY COMMISSION RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, AT FIVE -TENTHS (5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE RATE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 203 September 11, 2002 Chairman Regalado: 50, it's a first reading ordinance. Downtown Development, we did that. Vice Chairman Winton: Yeah, the appropriations ordinance on B, so moved. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second. Read the ordinance. Mr. Vilarello: It's public hearing. Chairman Regalado: We closed the public hearing. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003: AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 FOR THE OPERATIONS FOR THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Winton, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 204 September 11, 2002 57. IMPOSE FIRE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002; APPROVE RATE OF ASSESSMENT; APPROVE ASSESSMENT ROLL. Chairman Regalado: 49B, that's a first reading ordinance appropriation for the Downtown Development District. Priscilla A. Thompson (City Clerk): We just did that. Vice Chairman Winton: That's what we did. Commissioner Gonzalez: We did that. Vice Chairman Winton: We just did that one. Chairman Regalado: We did that? Oh, I'm sorry. Vice Chairman Winton: That was what we just did. Chairman Regalado: 50, fire fee. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second on a fire fee relating to the provision of fire services. Roll call. Alejandro Vilarello (City Attorney): This is a public hearing. Chairman Regalado: It is a public hearing, and being none from the public, we close the public hearing and we request a roll call. Ms. Thompson: Commissioner Teele? Commissioner Teele: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: No. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. 205 September 11, 2002 Vice Chairman Winton: I think I might think about voting no here. I'm going to set you guys up to play this damn game, you know, this is baloney. Yes. Ms. Thompson: And Chairman Regalado? Chairman Regalado: No. Commissioner Sanchez: It's always like that. Ms. Thompson: I'm sorry, the resolution passed 3/2. Commissioner Sanchez: 3/2. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING FIRE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: Chairman Tomas Regalado Commissioner Joe Sanchez ABSENT: NONE. 58. IMPOSE SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002; APPROVE RATE OF ASSESSMENT; APPROVE ASSESSMENT ROLL. Chairman Regalado: OK, relating to the provision of solid waste services. Commissioner Gonzalez: Move 51. 206 September 11, 2002 Chairman Regalado: 51, resolution. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. All in favor, say "aye." Alejandro Vilarello (City Attorney): This is also a public hearing. Chairman Regalado: It is a public hearing, and being none from the public, we close the public hearing. 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. 02-1026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. 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. 207 September 11, 2002 59. APPROVE AND ADOPT ANNUAL BUDGET OF BAYFRONT PARK MANAGEMENT TRUST, $3,562,600, TO PROVIDE FOR OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF MILDRED AND CLAUDE PEPPER BAYFRONT PARK, FOR FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. Chairman Regalado: 52, public hearing, Bayfront Park Management Trust budget. It's a resolution. Do we have a motion? Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Regalado: Motion and a second. It's a public hearing. We invite the public comments. Being none, we close the public hearing. Commissioner Sanchez: I think Johnny wants to vote no on this one. Chairman Regalado: Do you want a roll call? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1027 A RESOLUTION OF THE MAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS OF THE BAYFRONT PARK MANAGEMENT TRUST, IN THE TOTAL AMOUNT OF $3,562,600, AS ATTACHED AND INCORPORATED, FOR THE OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF MILDRED AND CLAUDE PEPPER BAYFRONT PARK FOR FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. 208 September 11, 2002 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. 60. APPROVE AND ADOPT ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING for FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, $8,228,388, EXCLUDE DEPRECIATION, AND OTHER NON OPERATING EXPENSES OF $2,110,612. Chairman Regalado: Off -Street Parking budget. Commissioner Teele: So move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. This a public hearing. Any comments? Anybody who wishes to make a comment? Being none, we close the public hearing. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Hey, Tim, good work. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-1028 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING for FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, ATTACHED AND INCORPORATED, IN THE AMOUNT OF $8,228,388, EXCLUDING DEPRECIATION, AND OTHER NON-OPERATING EXPENSES OF $2,110,612. 209 September 11, 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. Commissioner Joe Sanchez NAYS: None. ABSENT: None. 61. APPROVE AND ADOPT ANNUAL BUDGET OF DEPARTMENT OF OFF-STREET PARKING FOR FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, $827,510 EXCLUDE DEPRECIATION, TO PROVIDE FOR OPERATION OF GUSMAN CENTER FOR PERFORMING ARTS AND OLYMPIA BUILDING. Commissioner Gonzalez: Mr. Chairman, we jump 46, right? Vice Chairman Winton: Yeah. We got to come back to that, so -- Chairman Regalado: No. We voted on it. Vice Chairman Winton: It has not been done, so we got to come back. Chairman Regalado: Department of Off -Street Parking. Commissioner Teele: We just did that, didn't we? Commissioner Gonzalez: We did that, right? Chairman Regalado: No. Commissioner Gonzalez: Yes. Vice Chairman Winton: Let's finish these budget items and then we'll come back to that. Commissioner Gonzalez: Department of -- Unidentified Speaker: 54. Chairman Regalado: We need to do 54. It's -- Vice Chairman Winton: So move. 210 September 11, 2002 Commissioner Gonzalez: Second. Chairman Regalado: It's Off -Street Parking. It's been moved and second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 02-1029 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, IN THE AMOUNT OF $827,510 EXCLUDING DEPRECIATION, AS ATTACHED AND INCORPORATED, TO PROVIDE FOR THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE OLYMPIA BUILDING. 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. 62. DEFER CONSIDERATION OF OPERATING BUDGET FOR MIAMI SPORTS AND EXHIBITION AUTHORITY FOR FISCAL YEAR 2002-2003 TO COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 10, 2002. Chairman Regalado: 55, Miami Sports and Exhibition Authority budget. Commissioner Sanchez: So move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. It's a public hearing. Being none. Who wishes to speak, nobody. We'll close the public hearing. 211 September 11, 2002 Alejandro Vilarello (City Attorney): Mr. Chairman, with regard to the MSEA (Miami Sports and Exhibition Authority) budget, apparently the board is not yet approved this, so it will be -- Chairman Regalado: The board deferred this item the last -- Commissioner Teele: Motion to defer it to the meeting of October. Commissioner Sanchez: Second, out of professional courtesy to the board. Chairman Regalado: A motion and a second to defer this item. 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- 1030 A MOTION OF THE MIAMI CITY COMMISSION TO DEFER CONSIDERATION OF OPERATING BUDGET FOR MIAMI SPORTS AND EXHIBITION AUTHORITY FOR FISCAL YEAR 2002-2003 TO COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 10, 2002. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 63. APPROVE AND ADOPT ANNUAL BUDGET OF VIRGINIA KEY BEACH PARK TRUST, $2,661,674 TO PROVIDE FOR OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF VIRGINIA KEY BEACH PARK, FOR FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. Chairman Regalado: Motion to approve budget of Virginia Key Beach Trust. Commissioner Teele: So move. Vice Chairman Winton: So move. Second. 212 September 11, 2002 Chairman Regalado: We have -- is this for today or you want to do it on Commissioner Teele: No, we want to do it now. Vice Chairman Winton: Yeah, let's do it. Chairman Regalado: OK. We have a motion and a second. It's a public hearing. Anybody from the public? We close the public hearing. All in favor -- Vice Chairman Winton: Hold on, Mr. Chairman, because I think I owe it to you all to explain the result of the meeting that I had with staff during the lunch break. The concern that I had was related to the fact that this is a new entity, so it hasn't been in business doing things for a long time so it's in a start up phase and on first blush, when you look at all the personnel cost, you want to understand that there is real logic and rationale particularly for personnel cost because that's the thing that goes on and on and on. Once you get them, you ain't getting rid of them and so that was a concern. I wanted to understand what their Capital Improvement budget was going to be so that I can have a clear view as to the role of all of the people in make sure that that all fit, so let me read you the personnel that they're anticipating in this budget. They got an Executive Director, a Controller, a Development Coordinator. The Development Coordinator is really principally a grant writer who's going to go out and generate new funds, so she didn't have the goal handy, but I'm told, because I wanted to know what's the goal for the grant writer. Is the goal for the grant writer to generate at least 2 '/2 -3 times his salary and more and she was going to check that for me but she thought she remembered from -- her view was from memory that it was at least that much, so I am accepting at face value. There's a Project Coordinator, that the person who's going to help manage the projects that they're going to be doing and a whole series of projects here. There's an Outreach Coordinator, which was the only person I had any question about whatsoever after I really looked at this. The Outreach Coordinator's job is go out and educate the community about all of the things that we have in the park. I hope that the board thinks really, because they haven't hired that person yet, and so I hope that the board looks at that carefully and makes sure that before that person gets hired you really got something you're selling at the park before you bring somebody on, so that was the issue, and a secretary and then they have some interns scattered in there that are making not much money. Now this is a lot of people, but it's not a lot of people. If you look at projects and you want to talk about what doesn't fit, there isn't anybody here that doesn't fit. You need an Executive Director that's head of the shop that's making things happen. You need a Controller that's in charge of finances. When you're doing development, you need a Project Coordinator that's coordinating all of the technical parts of the project. Having a Development Coordinator that's going to go out and chase money on something like this that we know we can get money for that's pretty smart as well. You got to have a secretary. Now here's the challenge that both they have and that we have and that we have to pay attention to, it doesn't do any good for them to have all of these people if we don't fund them. Commissioner Teele: On the capital side. 213 September 11, 2002 Vice Chairman Winton: On the capital side, that's right, so they're wasting their money and time. We're wasting our money and time if we don't fund their capital projects and fund them -- Commissioner Sanchez: They're being funded 2.5. Vice Chairman Winton: Well, they don't have the money. Commissioner Teele: No, but Johnny, that's a part of this issue that I raised this morning. They have a million dollars and they got 900,000 -- What was the number we gave them, for the water and sewer, for the sewer stuff? They got $1.7 million dollars right now. I met with them too. They think they have no money and there's a disconnect in that they should have already spent at least some of that money in terms of the engineering and planning, but they're being told that they have nothing that they can do it with that money at this point. Vice Chairman Winton: Well that's probably the mistake I made. I didn't ask for a balance sheet and I should have gotten a balance sheet to go with this. So, I didn't -- Commissioner Teele: Well, these are sort of the 700,000 technically was a loan against some of the $90,000,000 that we had, but it's theirs, and it's there for one project. For the water and sewer connection. I don't know, have you met with anybody in Public Works, for example? Charlene Thompkins: Yes, sir, we have. Commissioner Teele: Are you getting technical assistance from them? Ms. Thompkins: Yes, we have. Commissioner Teele: Well I don't know why you didn't say that you can't go forward if you got the resolution, you got the -- Vice Chairman Winton: Money. Commissioner Teele: The money, you got the assistance. Ms. Thompkins: Well, what we're told is that those monies are available, but we have to put them in our budget for them to be approved. Yes, they are there, but we have to have them in our budget. Commissioner Sanchez: But isn't your budget -- Vice Chairman Winton: But that's what we're -- Ms. Thompkins: That's the same thing. Commissioner Sanchez: So today we'll load them up. 214 September 11, 2002 Carlos Gimenez (City Manager): We're talking -- Frank back here says we're progressing with this project, so we're -- Commissioner Teele: I just wanted to make a statement. Commissioner, they have $1.7 million dollars for capital projects right now of City money. In addition, there are other dollars, has the county committed dollars actually? Ms. Thompkins: Yes, the County has committed dollars. Commissioner Teele: Didn't they commit $3,000,000 out of the -- Mr. Gimenez: 5,000,000 out of CDT (Convention and Tourist Development Tax). Commissioner Teele: Out of the CDT? Ms. Thompkins: Yes, they have $5,000,000 out of the (UNINTELLIGIBLE) -- Vice Chairman Winton: And where is that money? Mr. Gimenez: They hadn't received that money yet. Ms. Thompkins: No, we haven't. Commissioner Teele: But there is a $5,000,000 commitment from the county out of the CDT dollars, so that's why I was saying we start talking about the salary. Mrs. Range and the professionals have gone out and hustled money. They probably had more money dollar for dollar than anything that's going on. If you include the Corp of Engineers money, which because of their efforts and that money doesn't come to the City or to them, but that money is being spent of their behalf for shoreline stabilization. That program has already started, hasn't it? Athalie Range: Yes, we have $10,000,000 just waiting to be spent City Attorney: And we're working on the, right now, to finish up the agreement with the Corp and there will be some City funds also, there are a couple of projects actually from the Corp of Engineers. One of which they are going to do up to $5,000,000, we have to guarantee anything over the $5,000,000. The other one's a $10,000,000 that we have to put a match to, and we're working with the trust to get these projects going along with the sanitary sewer, which is needed to do the restoration of the bathrooms. Commissioner Teele: But the only point that I want to make sure that the record is clear on is when you talk about the $10,000,000 which is found money thanks to Mrs. Range and the members of the committee and Congresswoman Meek as a result of us giving them the leadership to go forward. When you talk about the $5,000,000 of county CDT dollars again as a result of the community involvement, the $500,0004600,000 of annual operating dollars is really money well spent, in terms of the effort that they're doing and I think the point that you're 215 September 11, 2002 making, Commissioner, that I fully agree with is that we got to look at the capital program that we're committing to and make sure that we know where we're going and what we're going to get for it. Vice Chairman Winton: Well, I think there two parts listening to this because there's still this disconnect that's bothersome to me that frankly with all due respect I think that the board and the Executive Director needs to get figured out. If there's money there, you all need to be, we're saying that we'll provide the budget to make this stuff happen, but everybody has to know what money's really there and could be spent. There can't be a question anywhere and if there is a question that's why you have these people, and that Executive Director in particular as far as I'm concerned is the person that ought to have all the answers to these kinds of questions and there shouldn't be a question, so I hope that my -- I would suggest that following our adoption of this budget that the Executive Director of the trust and maybe one of the board members get together with the Manager and whoever else he needs on his staff and you all just talk about the dollars associated with capital projects so that everybody is saying the same thing in terms of where the money is, how you access the money, how quickly you can access the money so that there's no question left, and the end result of that is coming out of the shoot at 100 miles an hour getting this stuff done, so, I was satisfied that they have a plan here. The only question that we have we just raised and addressed, so as a consequence, that's the reason why I've moved the motion to approve this budget. Commissioner Sanchez: Second. Commissioner Teele: Commissioner, and I don't think we ought to look a gift horse in the mouth or certainly something that's about to be approved, but the reason that I discussed with the new director of capital projects today at about 12:10, the reason I brought up the matter today about the Margaret Pace Park is that it is not necessarily the way you laid it out about the executive director and the board member. The executive director and the board member, the Budget Department and the Finance Department need to be, because the problem, the historic problem in this City is the operating division whether it be Parks or Public Works and the Budget and the Finance not being able to -- Vice Chairman Winton: Perform. Commissioner Teele: Well, and everybody's got a different interpretation of the same set of facts and so all that I'm saying here is there's no need to keep going back and forth over this. We need to work in consistent to what Commissioner Winton is saying, but I think those meetings need to be with Budget and Finance as well as with the Manager because I can tell you firsthand you're going to be frustrated, and Charlene you know as well as I do because you been there and done that too, so -- Ms. Thompkins: We've asked budget to work with us on this providing Commissioner Teele: In getting these budgets loaded in less than nine months. Vice Chairman Winton: Yeah, like one. Call the question. 216 September 11, 2002 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. 02-1031 A RESOLUTION APPROVING AND ADOPTING THE ANNUAL BUDGET OF VIRGINIA KEY BEACH PARK TRUST, IN THE AMOUNT OF $2,661,674 TO PROVIDE FOR THE OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF VIRGINIA KEY BEACH PARK, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. 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. 64. FIRST READING ORDINANCE: IMPOSE ADDITIONAL SIXTY-FIVE DAY DELAY (TO NOVEMBER 24, 2002) IN ACCEPTANCE, PROCESSING, PLACEMENT, CONSTRUCTION OR MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITY TOWERS AND MONO -POLES FOR SPECIFIC PURPOSE OF REVIEWING PROVISIONS IN CHAPTERS 4 AND 6 OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE. (Applicant(s): Carlos A. Gimenez, Miami City Manager) Chairman Regalado: We have two PZ items that we need to do. One is a first reading ordinance, additional 65 days delay on personal wireless service facilities. Commissioner Gonzalez: Second. Commissioner Winton: So moved. Chairman Regalado: We have a motion and a second. Read the ordinance. Roll call. 217 September 11, 2002 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION IMPOSING AN ADDITIONAL SIXTY -FIVE-DAY DELAY (TO NOVEMBER 24, 2002) IN ACCEPTANCE, PROCESSING, PLACEMENT, CONSTRUCTION OR MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITY TOWERS AND MONO -POLES FOR THE SPECIFIC PURPOSE OF REVIEWING PROVISIONS IN CHAPTERS 4 AND 6 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI AND CREATING COMPREHENSIVE LEGISLATION PROVIDING FOR A TERM; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): It passes first reading, 5/0. 65. DISCUSSION CONCERNING "BRICKELL AREA FAR BONUS ANALYSIS AND RECOMMENDATIONS STUDY" Applicant(s): Planning and Zoning Department). Chairman Regalado: PZ -2 is a discussion item. The Brickell Area FAR (Floor Area Ratio) Bonus Analysis and Recommendations Study by the Planning and Zoning Department. Lourdes. Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Thank you. For the record, Lourdes Slazyk, Planning and Zoning Department. This is the Brickell Area FAR Bonus Analysis and Recommendations. It's a study conducted by the Planning and Zoning Department. What we did here was, we looked at the SD -5 and SD -7 areas, which are the Brickell Avenue and Brickell Village Districts. Before you, in your packages, you'll see the study, and the existing regulations for bonus. That column of the study, as actual excerpts from the zoning ordinance, which lists what the bonus is and what the qualifications for each of the bonuses are. The next column is the analysis of what we studied to determine the impact, and the last column is our recommendations from that analysis. The last two pages of the study is kind of a little appendix for you of the projects that were done in the Brickell and Central Brickell areas. It gives a full description of the project, from the square footage, number of units, FAR and what bonuses were used for each one. This information was also used in the study to take a look at the trends, and how the projects were actually being developed. The first bonus that we looked at was in the SD -5 area. This is the Affordable Housing Trust Fund Contribution Bonus. This is the bonus that allows a developer to get up to a 25 percent increase in FAR for contributing money to the Affordable Housing Trust Fund. This happens to be a bonus that is available citywide. For the purposes of this study, we analyzed its impact only in the Brickell area, not citywide, and these recommendations do not apply citywide, just for the Brickell areas. What we looked at in this bonus was that because the SD -5, and it also applies to the SD -7 areas, has such a high base FAR, and allow 500 units per acre when you look at density, this bonus -- there's a perception that this bonus is being used to put more units into a project, rather than 218 September 11, 2002 bigger units, because you can't really get to the 500 units per acre in the Brickell areas with just your base FAR. So, if a developer were going to do a project in either of these areas, he would have to use some kind of bonuses to try and start approaching that 500 units per acre. So, our recommendation here is that the area that is given to a development as part of this bonus be utilized with minimum unit sizes of 900 square feet for one bedroom units, 1200 for two bedroom, and three or more bedrooms at 1500 square feet. These numbers were obtained from looking at the average square foot of the developments, as they were being implemented in these areas. A lot of the projects were in keeping with these numbers. There's really only a handful that came in with more units, at smaller square footage, utilizing the bonus in this way. The fear here, from the Planning and Zoning Department, is that if all of the vacant and underdeveloped parcels in these areas were to be redeveloped at these maximum capacities, with more of the small units, you know, in a period of 20, 30 years from now, we really could be seeing some problems in these areas. We believe that this recommendation of the larger units, for the bonus area only, could mitigate that over the long term. So, that's our recommendation for that one. The next bonus that we looked at was the bonus -- FAR Bonus for providing retail service and restaurant, or other public amenity uses at the ground level. This is a bonus that gives the developer a little extra FAR if he puts retail and other public uses at the ground floor of the project. In parts of the Brickell and Central Brickell area, we have what's called a Primary Pedestrian Pathway Designation. This basically says that the developer has to put retail or other public uses at the ground floor. What some of the developers have done, in some cases, is come in and request a bonus for that, when it was already mandated by the ordinance to do it. This is kind of considered double dipping. They're getting a bonus for something they have to do anyway. So, we've made some recommendations here that, if any portion of the property is located along a primary pedestrian pathway, then the retail uses located along that frontage shall not count toward the bonus, because it's a required use of the ground floor. The other problem with this has been that, in the eastern half of Brickell, you have FEMA (Federal Emergency Management Agency) regulations that don't allow a developer to put these uses at the ground floor. They have to set them up above the FEMA elevation, which is, in some cases, between 9 and 11 feet above the sidewalk. Therefore, developers were getting bonuses for ground floor retail that was really located on the second floor of their project. So, our next recommendation is that if the retail could not be accommodated within three feet of the sidewalk, that there should be no bonus granted for it, because they're not meeting the intent of that bonus. The next one is that they not be allowed to provide vehicular curb cuts along the frontage in which they're putting retail for the bonus. They would have to keep the same 65 percent frontage requirement, as if it were a Primary Pedestrian Pathway in order to qualify for the bonus. This would help achieve the intent of this bonus, which is to get a continuous retail ground floor frontage on the street. The next bonus we looked at was a bonus that's in the -- this is offered in the Brickell area only, as was the previous ground floor retail bonus. This is one that we give for providing underground parking, but there's very little criteria in the ordinance for this underground parking bonus. And because you really can't get very FAR underground in the Brickell area because of hitting the water table, at most you'd be able to get a level, maybe a level and a half. We believe this is offset -- if you give a developer a bonus for providing the ground floor retail, they're going to put more square footage up higher in their building, and then have to provide more parking for that new square footage, and it will increase the parking deck one higher up above. So this bonus is really one that's very impractical in Florida, while it may make sense in other parts of the country, where you can get five and six levels of parking underground. It doesn't make sense 219 September 11, 2002 here. So we recommend that it be eliminated. The next bonus is a Child Care Center Bonus. This one has not been used by any developer to date, but we would very much like to keep it. It's something we want to encourage. Encourage, you know, more day care centers for employees in the downtown area, and for residents to have within their projects; to encourage families to live in this area. So, we'd like to keep that one. The next bonus applies in the SD -7 area only, which is what you know as the Central Brickell or Brickell Village area. This is a bonus for residential and hotel uses, as part of a mixed-use project. This bonus was put into the zoning ordinance years ago, when we were trying to encourage residential development in the downtown area. We believe that the market has since taken care of this. This is a huge bonus. It's a two point seven five FAR Bonus, just for having a residential or hotel use as part of your project. This actually puts the FAR in the Brickell Village area higher than Brickell Avenue, and it's something that really is no longer necessary. So, we would recommend that this bonus be eliminated. Chairman Regalado: Any questions? Ms. Slazyk: There was one more, which is the PUD Bonus, Planned Unit Development Bonus. This is a 20 percent free FAR bonus for projects that provide amenities. It's really the only real criteria in that section of the Code. What most developers do is, they provide private amenities. They put a pool deck, or an exercise room, or something in their project that they were going to do anyway, and they get a 20 percent FAR bonus for it. Our recommendation is that the amenities language be rewritten so that they be public amenities, like urban parks, promenades, or dedication of space for some other public or cultural uses or, you know, other things that would be more of a public amenity nature. And that's the recommendations. Any questions? Chairman Regalado: OK. Thank you, Lourdes. Ms. Slazyk: Thank you. Chairman Regalado: OK. We have -- Commissioner Teele: Are we going to take -- Ms. Slazyk This is a discussion item. If the Commission -- Chairman Regalado: No action. Ms. Slazyk Yeah, there's no action, other than if you want to direct us to, you know, begin drafting an ordinance to, you know, accepting our recommendations, and draft an ordinance to implement them. Commissioner Teele: Where's the district Commissioner? Chairman Regalado: He's not here. But I guess that he's the one that directed the Administration to do the -- Commissioner Sanchez: I would -- speaking for myself, I would like more time to review this. 220 September 11, 2002 Commissioner Teele: You want more time to review it? Commissioner Sanchez: Yes. Chairman Regalado: Of course. And if we want to do this in a form of an ordinance, it has to be a public hearing, too. Ms. Slazyk: Yes, yes. Chairman Regalado: So, you know, it's -- so, why don't you -- have you met with Commissioner Sanchez and explain that to him? Ms. Slazyk: We met with someone from your office, but if you'd like, we can come back and meet with you directly, and -- OK. Commissioner Teele: Mr. Chairman, I see several distinguished members of the community. I'd just like to hear one minute, or 30 seconds or whatever -- if you've got a response to this or another perspective on it. Tory Jacobs: Thank you, Commissioner Teele. Commissioner Sanchez: Tory Jacobs. Commissioner Teele: Mr. Jacobs. Mr. Jacobs: Tory Jacobs, yes, 145 Southeast 25th Road, Miami. I'm here representing the Brickell Homeowner Association. You may recall that, last January, we came before you and asked for some action on protecting the Brickell area from this aggressive growth, and at that meeting, when we presented our resolution, the Commission requested the Administration to review this, and the result of that is this proposal. I just saw it for the first time yesterday, and I haven't had an opportunity to get it distributed to our group. We have no comment on it at this time. We look forward to reviewing it. But we're very gratified by what the Commission's done, and by what the Planning and Zoning have done, and how they've handled it. A couple of comments: One, your plan stops at 15th Road. I'd like you to consider extending this along Brickell, from 15th to 26th Road, because it's possible it could be some more development in that area. A part of our recommendation had to do with new construction regulations. Urbanizing, if you will, the way that new buildings are built, without taking up the street, as they do now downtown, and I understand that Clark Turner and his group are working on that part of it. There were a couple other parts of it having to do with managing the various utilities that are digging up the streets. Commissioner Teele: I thought you said you needed more time to think about it. Mr. Jacobs: We certainly do, about the strict recommendations, but those things that they haven't got to yet, I'm just reminding the Commission that there's more to it. And the last thing I 221 September 11, 2002 wanted to say, besides thank you, is that this is a way of saying whoa to the chariot going down Brickell, but -- and it accomplishes our objective. But the City's objective, I understand, is to stimulate growth north of the river, so that while you slow in the Brickell area, you maybe need to rethink some of the giddy up incentives for the north side of the river. Thank you very much. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: I think what it does is -- and I might say what Tory said just a little differently, his last comment. It certainly doesn't stop development, and it isn't designed to stop development. It's simply designed to take away all the bonuses that were really put in place to stimulate development that you don't know -- that you no longer need. In fact, that are detrimental to the quality of life and the quality of the health of the neighborhood. And to the neighbors' credit, they're not asking for a moratorium on development, yet. They're asking for sensible development and, I think, if we get sensible development, the neighbors won't ever come back and say, you know, "We want development stopped," because, you know, there's always somebody out there that wants that. But most people won't want it if you do development the right way, that leads to enhanced quality of life in the neighborhood. And, so, I -- that's been the attempt here, and I want to thank staff and the Brickell area Homeowners Association for bringing that resolution forward to begin with. Commissioner Sanchez: All right. 66. DIRECT CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY, INCLUDING FILING SUIT OR JOINING SUIT FILED BY FLORIDA LEAGUE OF CITIES, TO CHALLENGE CONSTITUTIONALITY OF SENATE BILL 108, THAT EXTENDS PRESUMPTION FOR TUBERCULOSIS, HEART DISEASE, AND HYPERTENSION TO LAW ENFORCEMENT OFFICERS. Commissioner Sanchez: All right, pocket items. Chairman Regalado: Pocket items. We have -- the City Attorney has sent something from the Mayor. It's something about filing suit against the Florida or joining the Florida League of Cities, challenge in the constitutionality of senate bill 108. Do you all have this or --? Commissioner Sanchez: No. What -- Chairman Regalado: It was sent by the City Attorney to us on September 6. Commissioner Sanchez: Were we briefed on that? Vice Chairman Winton: What is it? Chairman Regalado: It's supposed to be a pocket item. 222 September 11, 2002 Joel Maxwell (Deputy City Attorney): Joining the League of Cities lawsuit -- Chairman Regalado: It's supposed to be a pocket item. Commissioner Sanchez: It's the Heart Bill. Vice Chairman Winton: What's the Heart Bill? Chairman Regalado: From the City Attorney. On the issue of joining the Florida League of Cities challenging the constitutionality of Senate Bill 108 enacted in section. You might want to explain what -- Commissioner Sanchez: No. Not in details though. Not graphic details. I know that bill. Commissioner Teele: Is that the PBA thing? The police thing? Commissioner Sanchez: It's the police officer that was home doing something and he had a heart attack and he basically sued the City saying it was a Heart Bill. Vice Chairman Winton: And it was in the line of duty it just a different line. Commissioner Sanchez: It wasn't in the line of duty, it was a different kind of line of duty and that's the big lawsuit, so I'm prepared, I mean, do we need a motion? Mr. Maxwell: Yes. Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: OK, we have a motion and a second on this item by the City Attorney. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 223 September 11, 2002 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1032 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ALL ACTIONS NECESSARY, INCLUDING BUT NOT LIMITED TO, FILING SUIT OR JOINING THE SUIT FILED BY THE FLORIDA LEAGUE OF CITIES, TO CHALLENGE THE CONSTITUTIONALITY OF SENATE BILL 108, ENACTED IN SECTION 112.18, FLORIDA STATUTES, THAT EXTENDS THE PRESUMPTION FOR TUBERCULOSIS, HEART DISEASE, AND HYPERTENSION TO LAW ENFORCEMENT OFFICERS. 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 NAYS: Commissioner Arthur E. Teele, Jr. ABSENT: None. Commissioner Teele: I don't know what we're doing. I just don't want to vote yes just yet. Chairman Regalado: Why, is it because you don't want to j oin the suitor you like what he -- Commissioner Sanchez: He was OK with the guy -- Chairman Regalado: He was OK. Commissioner Teele: I don't know now. 67. APPOINT MR. WILLIAM RILEY AS MEMBER OF SOUTH FLORIDA WORKFORCE BOARD. Commissioner Teele: Mr. Chairman, if I could, before we do pocket items. I did not have blue sheet but I would like, Johnny, the wages the South Florida Work Force Board, the City's got a series of appointments. I know you're our coordinator on that, and apparently again these appointments are being made, and when is the Commission going to get -- I'd like to get the agenda for discussion at the next meeting if it's all right with you. 224 September 11, 2002 Vice Chairman Winton: The whole discussion on South Florida Workforce? Commissioner Teele: Well, I thought we'd made that decision. Vice Chairman Winton: Me too. Commissioner Teele: But you see the appointments have been made. The decisions are being made. We don't have any appointments that have been made, so they are making decisions. Nobody's waiting on us to make our appointments. Vice Chairman Winton: So, I guess you're right. We probably we got two choices, either have that discussion now or put it on the agenda for next time. Commissioner Teele: I think we ought to put it on the agenda for next time, but I have a letter here from the AF of LCO (American Federation of Labor and Congress of Industrial Organization) asking us, and again Mr. Riley is somebody that I'd like to make sure that as a union representative he has an opportunity, that his name is on the panel. Vice Chairman Winton: Which bargaining unit is he with? Commissioner Teele: 1 BW. Vice Chairman Winton: Yeah, I talked to him today and told him I wanted to -- I ran into him here and I asked him to set up an appointment to come see me, because I wanted to talk to him about policy stuff here. Commissioner Teele: And I think it's important that we do that, but I think we need to make those appointments, otherwise these decisions are being made and -- Vice Chairman Winton: Well, I'll be glad to make that appointment now, if you think that's -- Commissioner Teele: Well, if you would like to, I'd be happy to second the motion. Vice Chairman Winton: OK, so moved. Commissioner Teele: Second. Chairman Regalado: What are we doing? Commissioner Teele: This is a labor union appointee. The City has a series of appointments. How many appointments do we have, Dena? I don't know why this hasn't -- Dena Bianchino (Assistant City Manager): We have 15 I believe. Commissioner Teele: We have 15 appointments in different categories. 225 September 11, 2002 Ms. Bianchino: Right, the majority are in business. We have one labor union, which you just described. Commissioner Teele: And all we're doing now is making the labor union appointment, but I think that we need to bring them all back at the next meeting, all of the remaining 14, at the next meeting. Ms. Bianchino: That's fine. Vice Chairman Winton: Yeah, but we got to get them. Ms. Bianchino: I know I've been trying to work with Frank on this. Commissioner Sanchez: All right, on that appointee, call the question. Chairman Regalado: We have a motion on this appointment and a second. All in favor, say LL " 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. 02-1033 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE SOUTH FLORIDA WORKFORCE 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 226 September 11, 2002 68. DIRECT MANAGER TO NOTICE AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR NEXT MEETING; AND TO FURTHER SCHEDULE PUBLIC HEARING REGARDING PILOT PROGRAM FOR ENTREPRENEURSHIP IN DISTRICT 5. Commissioner Teele: Mr. Chairman, and also in this regard, I would like to have Mr. Manager, on the next agenda, the discussion that we sort of truncated this morning on the -- is Frank here? No, I'm talking about Commissioner Gonzalez -- on the CDBG (Community Development Block Grant) dollars related to program income and I also think we need to bring back the full $800,000 because we need to make that commitment and make it right. It needs to be thought through. I have a concern about public service dollars and I'm going to be very clear. I would like to take the maximum amount of public service dollars and make them available in a supplemental and Johnny, I'd like to get back, if you hear what I'm saying? Commissioner Winton: I'm listening. Commissioner Teele: The $40,000 that I loaned you this morning, because -- Commissioner Winton: We can utilize a bunch of the supplemental income. Commissioner Teele: As a supplemental, because you know we left everybody unhappy and that's about $180,000, I would imagine. What is it, 20 percent of about $2,000,000? What is it 1.8 million? Commissioner Gonzalez: 1.9. Commissioner Teele: 1.9 million. Commissioner Winton: Well, it's either 15 or 25. Dena Bianchino (Assistant City Manager): 15, I believe. 15 percent. Commissioner Gonzalez: 15 percent. Commissioner Teele: 15 percent? So I would like to try to see if we could go ahead and get that scheduled for a public hearing on that and then I particularly would like to work with the management in making sure that we come up with a full $800,000 as committed by the previous resolution for the FEC (Florida East Coast) from a more appropriate source of funding for the CD (Community Development) funding. Commissioner Winton: And I hope that when on the social services reprogramming piece of it that staff takes in consideration the fact that it was agencies only in District 2 that got slaughtered in this reallocation, so I hope that we can bring some of these agencies back closer, at least to where they were. Commissioner Teele: What is 15 percent of, what's the amount 1.8? 227 September 11, 2002 Commissioner Gonzalez: 1.9. Dan Fernandes (Acting Director): It would be just short of $300,000, 150,000 per million so you're talking just short of 300. Commissioner Gonzalez: About 200, 180. Commissioner Teele: But Commissioner, all that I want to do is to make sure that I'm made whole on the transfer that was made this morning. Commissioner Winton: Agree 100 percent. Commissioner Teele: OK. Mr. Fernandes: Commissioner, we'll take a look at all the agencies that were not funded as result of reductions that we had and we'll come back with a plan. Commissioner Winton: Thank you. Commissioner Teele: Well, what I was hoping is that you would do the notice to make the dollars available for the next meeting, because I want to reclaim at least a portion of that in terms of this whole thing. Commissioner Winton: Don't be getting too much. Commissioner Teele: All I'm saying is the same thing that you were loaned. What was that, 40? Commissioner Winton: Oh, OK. You ought to take that whole 40 back. Commissioner Teele: That's all I'm trying to get back. Commissioner Winton: Well, I agree. You ought to get that whole 40 back. Commissioner Teele: And then finally, I would like for you to list as a public hearing a discussion regarding a pilot program for entrepreneurship in District 5 and I'll discuss it in more detail with you as a request. 228 September 11, 2002 69. APPOINT REV. RICHARD BENNETT AS MEMBER OF COMMUNITY RELATIONS BOARD. APPOINT LAURINUS PIERRE AND STEVE ALEXANDER AS MEMBERS OF BAYFRONT PARK MANAGEMENT TRUST (See #30). APPOINT Charles J. Flowers AS REGULAR MEMBER OF ZONING BOARD. APPOINT ANGELA FREDERICK AND MONICA FERNANDEZ AS MEMBERS OF MIAMI AUDIT ADVISORY COMMITTEE. (See #38). APPOINT ERNIE MARTIN AND GONZALO DIAZ AS REGULAR AND ALTERNATE MEMBERS OF WATERFRONT ADVISORY BOARD (See #43). APPOINT James Black and Cathy Leff AS REGULAR MEMBERS OF PLANNING ADVISORY BOARD. (SEE #41). APPOINT Rudolph Moise AS MEMBER OF HEALTH FACILITIES AUTHORITY. APPOINT Derek Smith, Marina Khoury, Bernard Zyscovich, Todd Tragash, Richard Arango, Hakki Koroglu, Willy Bermello, Julio Diaz AND Robin Bosco AS REGULAR AND ALTERNATE MEMBERS OF URBAN DEVELOPMENT REVIEW BOARD. (SEE #42). APPOINT Anthony R. Parrish, Jr, Cynthia Haralson, Gerald C. Marston AND RENEE ROLLE- DAWSON AS MEMBERS OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. (SEE #35). Commissioner Teele: Thank you, Mr. Chairman, and finally, I would like to move the following appointments as one package to the Community Relations Board, Reverend Richard Bennet; to the Bayfront Trust Management, Dr. Larry Pierre; to the Zoning Board, Mr. Charles J. Flowers; to the Miami Audit Advisory Committee Angela Fredrick; to the Waterfront Advisory Board, Ernie Martin; to the Planning Advisory Board, Mr. James Black and Ms. Cathy Leff, and to the Health Facilities Authority, Dr. Rudy Moise; to the Urban Development, Derek Smith and Marina Khoury; and to the Historical and Environmental Preservation Board, Gerald Marston and Rene Rolle -Dawson. I would move all of those with a waiver of the qualification requirements, as appropriate. Vice Chairman Winton: Second. Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second on Commissioner Teele's appointments and these appointments were done by the other Commissioners while he was out, so all in favor, say "aye." 229 September 11, 2002 The Commission (Collectively): aye. Chairman Regalado: It passes. The following resolutions and motion were introduced by Commissioner Teele, who moved for their adoption: RESOLUTION NO. 02-1034 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. RESOLUTION NO. 02-1034.1 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS, AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. RESOLUTION NO. 02-1034.2 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE ZONING BOARD FOR TERMS AS NTRODUCED BY COMMISSIONER DESIGNATED HEREIN. RESOLUTION NO. 02-1034.3 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. RESOLUTION NO. 02-1034.4 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR AND ALTERNATE MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. RESOLUTION NO. 02-1034.5 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. 230 September 11, 2002 RESOLUTION NO. 02-1034.6 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY FOR A TERM AS DESIGNATED HEREIN. RESOLUTION NO. 02-1034.7 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN. RESOLUTION NO. 02-1034.8 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. MOTION NO. 02-1034.9 A MOTION APPOINTING MS. RENEE ROLLE-DAWSON AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD. Upon being seconded by Commissioner Sanchez, the resolutions and motion were 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. 70. DISCUSSION CONCERNING A STUDY RELATED TO THE FEASIBILITY OF CONSTRUCTING THE MIAMI POLICE DEPARTMENT TRAINING FACILITY AT N.W. 7TH AVENUE, BETWEEN 17TH STREET AND 20TH STREET. Commissioner Gonzalez: Mr. Chairman? Chairman Regalado: Yes, sir. 231 September 11, 2002 Commissioner Gonzalez: Can we take 46? Chairman Regalado: Forty-six, yes. Commissioner Gonzalez: We directed the Administration to conduct a feasibility study. Chairman Regalado: Oh, OK. Commissioner Gonzalez: For the construction of the Miami Police Department Training Center, related — and we have the Chief here and his staff, and I believe they have completed their study. Raul Martinez (Chief of Police): Yes, Commissioner. Raul Martinez, Chief of Police. Initially, in your package, you got very brief information from us, because it took us a while to do that. Assistant Chief Rojas is going to pass a more in-depth package that we did for this location. As instructed by the Commission, we looked at the site that is at Northwest 7th Avenue, between 17th Street and 20th Street, approximately 4.52 acres; it's currently owned by FDOT (Florida Department of Transportation), and we're not sure if there's any — if there will be any hooks by FDOT, if they give it to us or not, but making the assumption that we do get the land, we will — that gives us enough land for us to build our — the Police Academy, the firearms range, and the survival training function that we need. This will be what the police bond, that the bond gave us $10,000,000 for a police training facility. We guestimate that, without land purchase, the $10,000,000 will be sufficient to build what the Department needs. You know, this location, for us, it's a good location. It's close to our main central station. It's in a business area. It has the expressway right behind us, so we don't have to worry about neighbors or noise or parking concerns. For us, it's a good location. Our plan is to build a training facility with auditorium, with classrooms, a firearms range where 24 officers can shoot at the same time. The Miami Police Department has been without a firing range now for about over 12 years. We have to pay the County to go shoot. Officers used to shoot every quarter. Now, we shoot about every — once every 18 months, so the proficiency of the officers, when to shoot, or when not to shoot, you know, it's only as good as the training that they receive. We're also currently doing our tactical training in Virginia Key. As the Virginia Key Trust uses more and more of that site. It's becoming much more difficult for us to use that site. We will build something that we call the FBI (Federal Bureau of Investigation) Hogan's Alley, which is basically an indoor tactical shooting range, where we create a mini city, and officers are trained when to shoot and when not to shoot, as they drive into this location. Chairman Regalado: Raul, did you went [sic] before the Oversight Board to explain the Bond Committee, to explain this request? Chief Martinez: Not myself, but Assistant Chief Rojas, and Major Joe Longueira had placed a request to the Bond Oversight Board, sir. Chairman Regalado: They did went before the Board? Chief Martinez: Yes, sir. 232 September 11, 2002 Chairman Regalado: Did the Board recommend it? Chief Martinez: The answer from Major Longueira is, yes, sir. Vice Chairman Winton: Recommended what? Chief Martinez: Now, they did not recommend. Chairman Regalado: No, they did not recommend -- Chief Martinez: Not the site. Not the site. Chairman Regalado: No, no, not the site. No, nothing. They told Chief Rojas to come back with a comprehensive plan; is that -- I read the minutes, so they did not recommend. Chief Martinez: OK. I was mistaken. I'm sorry, Commissioner. You're correct. Chairman Regalado: OK. I just want to be sure. Any questions? Commissioner Gonzalez: Well, I don't have any questions. I don't know if any of the Commissioners have a question. Commissioner Teele: I don't have a Manager's recommendation. Commissioner Gonzalez: Well, actually, what we did is, we asked the Administration to conduct a study on this land. Due to the fact that we approved in one of the Commission meetings, $4,000,000 -- the first four million dollars, I believe, for the construction for this facility, right? Chief Martinez: Commissioner, if I'm right, I think it's $4,500,000 had been assigned from the first batch of the $155,000,000 of the bond. Four point five were set aside for that. Commissioner Gonzalez: Correct. They've been looking for a site for I don't know how many months. And every site that they look at, some of the sites are too big, some are too small, and the perfect ones are too expensive, so this land, if we can get this land from DOT -- supposedly, DOT wanted to give this land out for public service. If they can get the land, then, with ten million dollars, they will be able to do a superb training center, not only for the City of Miami, but for -- you know, whatever you've been proposing to train people from different countries, and to run a full academy there. Commissioner Teele: I'm enthusiastic about the concept, but I will tell you this: We've always said, Raul, that any time we're going to deal with making a designation of public land, it's got to be done in a public hearing. And this is how we get in a -- and, you know, every since I've been here, we play it real straight about this. You know, because I don't have a problem. I mean, you know, I can tell you right now, some people are going to say, "We don't want lead being fired and shot in this," and, you know, you're going to have to explain that this is all in a contained thing. But, you know, next to radioactive and chemical stuff, you know, lead is right up there. 233 September 11, 2002 The reason that you don't have these firing ranges all over the place is because the EPA (Environmental Protection Agency) has almost a chemical biological standard against these facilities, and we need to be very clear, and we need to advertise what it is we're going to do, and let the public be heard. And I'll support it. I mean, I'll go on record saying, I will support some concept that we're laying out in this general location. But I don't think we ought to get into a position -- the Police Department is the last department in the world that should be involved in moving something through -- into a neighborhood without a public hearing. I mean, there's no benefit in doing this this way. It ought to be done publicly. The same kind of process we heard with the Camillus House. You know, what's good for the -- what's sauce for the goose is sauce for the gander. We don't need to move something through -- Commissioner Gonzalez: I do agree. I do agree a hundred percent that we should have a public hearing, and as a matter of fact, my policy is going to be that whatever we decide to do here, I'm going to be requesting public hearings right and left, but you know, the first thing that we need to do, the first thing that we need to do is to put everything on top of the table, OK? Commissioner Teele: Exactly. Commissioner Gonzalez: And let's start by saying that they were manipulating that land in that area with the purpose of putting Camillus House there, of sticking Camillus House into Allapattah, because the DOT offer the City of Miami — and, Chairman Regalado, you were the one that brought that motion, so let's put all the cards on the table, OK? Supposedly, the DOT wanted to give the land to the City of Miami, because the DOT and the State, they are so good that they want to give land away. They proffered the land; you made a motion; we accepted the land, but we don't have the land. We don't have the land, and I've been making calls to Tallahassee, because I also have friends in Tallahassee, and I also have friends in Washington, OK, and now there is a problem going on — Chairman Regalado: Excuse me. Angel? Commissioner Gonzalez: -- and they don't want to release the land. I don't know what the problem is. Chairman Regalado: What do you mean, that we don't have the land? We don't own the land? Commissioner Gonzalez: No, we don't own the land. We don't have a title to the land. Commissioner Teele: But we were never going to get title to the land. Commissioner Gonzalez: We don't have possession of the land. Do we have possession of the land, Ms. Billberry? Laura Billberry (Director, Asset Management): No. The motion that the Commission adopted was requesting DOT to grant it to us for public purpose. We have requested FDOT to grant it to us, but, at this time, we do not have title, nor confirmation that they will grant it to us. Commissioner Gonzalez: So, we don't even have confirmation that they will grant it to us. 234 September 11, 2002 Vice Chairman Winton: But you said the right thing, and then Commissioner Teele says this: I think, you know, let's put the skunk on the table, and you said the same thing just now, and let me speak straight to the point, and that's the skunk on the table. That site was recruited, not by the City of Miami — Commissioner Teele: Absolutely, not by the City of Miami. Vice Chairman Winton: Not by the City of Miami, but by Camillus House, for use for their new facility, and that's where it was, and I still think that's the right site, and you and I will disagree (INAUDIBLE). Commissioner Gonzalez: That's your personal opinion. You and I can disagree on that. Commissioner Teele: (INAUDIBLE) a perfect compromise. Commissioner Sanchez: And that's where this whole thing (INAUDIBLE). Commissioner Teele: As far as I'm concerned, this could be a perfect compromise. Commissioner Gonzalez: You and I can... Commissioner Teele: Put the police training on one side, and the Camillus House on the other side. Vice Chairman Winton: And Camillus House on the other. Commissioner Gonzalez: Right. Well, at least, we'll have the police next to them, you know. We can arrest them 20 times in an hour, if we need to, you know, but the thing is that — let's say that we would have had agreed -- Commissioner Teele: Angel, could you agree to that? Commissioner Gonzalez: Let's say that we had agreed — Commissioner Teele: Angel, listen. Seriously, because I really appreciate all the help you're giving me in my district. Because you claim jumping, you know — now you're going to put a police — you know, and the last thing — Commissioner Gonzalez: Listen. Listen. Commissioner Teele: The last thing my District wants is more police, per se, but all the help — and just keep this in mind when we start giving up the public service dollars, because, you know, some portion of that district we're sharing together. Commissioner Gonzalez: We share. We share. 235 September 11, 2002 Commissioner Teele: Yeah. So, make sure you chop off twenty-five thousand (INAUDIBLE). Commissioner Gonzalez: You have about 10 feet, and I have the rest of the district. But I'll tell you what: Find me a place — Commissioner Teele: Angel, listen. Angel, listen to me for one minute. If we had the police station, the police training facility on the north side, OK — and you know the homeless ain't going to be going north — and you had the Camillus House on the south, OK, in one campus, you're not going to have the traffic moving north. You're going to have all the traffic going south and east again. Commissioner Gonzalez: And that's where you're going to offer — you were the first ones that come in here under the discussion. You said that you wanted to have a first-class police training, so we could bring people from Europe or from Latin America and from different countries to train in our facilities. Commissioner Teele: Yes. Commissioner Gonzalez: And then you're going to bring all these people from all over the world and put them next to Camillus House. Commissioner Teele: But, see, you know what, Angel? Angel, can I honestly tell you this? Everybody is locked into a mindset about the Camillus House, the way it is now. Go to, what is it, Summer --? Commissioner Sanchez: Summerville. Vice Chairman Winton: Summerville? Commissioner Teele: Go to Summerville. I drive by there — let me tell you: the way the architectural design of the new state-of-the-art facilities, even the HAC, even the Homeless Assistance Center, the one that — you don't have the — what you have at the Camillus House. Commissioner Gonzalez: But, Art, we are not — at this time, we are not — the issue or the item that we're discussing here is not Camillus House. It's police training and the land that, supposedly, I thought that we had possession of the land. Commissioner Teele: No. Commissioner Gonzalez: Because we accepted the land, so that's why I offered this site for the Police Department, but let me tell you, if we're going to talk about Camillus House, if it is so good, if it is so beautiful, if it is so perfect, if it is so wonderful, why don't you keep it where it is? Why don't you bring it next to your house? Why don't we put it at Mercy Hospital, next to Mercy Hospital? We have beautiful land there. Why don't we put it next to Coconut Grove, next to the Convention Center? 236 September 11, 2002 Vice Chairman Winton: We don't have — we don't own any land there. Commissioner Gonzalez: Let's give it to the Convention Center. Vice Chairman Winton: We own no land at Mercy Hospital. Commissioner Gonzalez: Well, let's give them the Convention Center. That's our land. That's perfect. They have the water, they have the sun, they have the -- Commissioner Sanchez: Mr. Chairman, I've got two pocket items, and I've got to go. Vice Chairman Winton: I mean, that kind of discussion is nuts, Angel. Commissioner Sanchez: Let's go. Commissioner Gonzalez: I know it's nuts. I know it's nuts. Commissioner Sanchez: I have pocket items. Commissioner Teele: Mr. Chairman? Chairman Regalado: OK, OK, OK, OK, OK. Come on, Joe. Commissioner Teele: Angel, would you move that the item be placed up for a public hearing in 30 days? Commissioner Gonzalez: Yeah, sure. And if — you know, and if you don't want to put the police training there, that's fine with me. It's fine with me. Commissioner Teele: Angel, you know I want to do it. I mean, I've said it a hundred times, so don't -- Commissioner Gonzalez: But I found out, throughout this process, throughout this process of offering the land to the Police Department, I found out exactly what was going on behind the scenes. And that is that the only reason that the State was willing to give that land was for to place Camillus House there, and it was at the request -- at a particular request, and that's it. Commissioner Sanchez: Mr. Chairman, I have two pocket items. Chairman Regalado: OK. Commissioner Gonzalez: Mr. Manager, if you could call a public hearing, I would really appreciate it. Commissioner Teele: Second the motion. 237 September 11, 2002 Commissioner Gonzalez: I have no rush. You can do it in November, December, January, March, next year; May, next year. Chairman Regalado: OK. We have motion for a public hearing. Commissioner Gonzalez: Yeah. For discussion, the use of the land for the police training. Commissioner Teele: Within 90 days. Chairman Regalado: All in favor, say "aye." Commissioner Gonzalez: Within 90 days. The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 02-103 5 A MOTION OF THE MIAMI CITY COMMISSION SCHEDULING A PUBLIC HEARING, IN NINETY (90) DAYS, FOR THE PURPOSE OF DISCUSSING A STUDY RELATED TO THE FEASIBILITY OF CONSTRUCTING THE MIAMI POLICE DEPARTMENT TRAINING FACILITY AT NORTHWEST 7TH AVENUE, BETWEEN 17TH STREET AND 20TH STREET. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Gonzalez: Make sure that it is after the election of November, because there is another political movement that, depending on what happens on November 4th, something may happen or may not happen. Commissioner Sanchez: All right. 238 September 11, 2002 71. DIRECT MANAGER TO CO-SPONSOR WITH AMERICAN CANCER SOCIETY'S "MAKING STRIDES AGAINST BREAST CANCER WALK" SCHEDULED FOR SATURDAY, OCTOBER 12, 2002; AUTHORIZE SAID ORGANIZATION TO PLACE BANNERS ON LIGHT POLES ALONG BISCAYNE BOULEVARD AND BRICKELL AVENUE TO HELP PROMOTE EVENT. Commissioner Sanchez: Mr. Chairman, I have 2 pocket items. One is a pocket item requesting co-sponsorship of the "Making Strides Against Breast Cancer Walk," and all this does is respectfully request the City to be a co-sponsor so they can place banners in the City. So move. Chairman Regalado: We have a motion and a second, banners. Thank you for the second, Commissioner Teele. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-1036 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CO-SPONSOR WITH THE AMERICAN CANCER SOCIETY THE "MAKING STRIDES AGAINST BREAST CANCER WALK" SCHEDULED FOR SATURDAY, OCTOBER 12, 2002; FURTHER AUTHORIZING SAID ORGANIZATION TO PLACE BANNERS ON LIGHT POLES ALONG BISCAYNE BOULEVARD AND BRICKELL AVENUE TO HELP PROMOTE THIS EVENT. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 239 September 11, 2002 72. AUTHORIZE MANAGER TO NEGOTIATE CONTRACT FOR PROFESSIONAL SERVICES, $50,000 WITH BEST QUALIFIED OF A.) BENNETT & ASSOCIATES; B.) MAXIMUS; OR C.) KORN-FERRY INTERNATIONAL; FOR PURPOSE OF PROVIDING EXECUTIVE SEARCH SERVICES FOR SELECTION OF CITY MANAGER. Commissioner Sanchez: Mr. Chairman, I have another pocket item with the request of the Mayor. It's a resolution authorizing the City Manager to negotiate a contract with professional services, the amount not to exceed $50,000 with the best qualified of A. Bennett & Associate; B Maximus or C. Korn -Ferry International for the purpose of providing executive search services for selection of a City Manager and authorizing the City Manager to execute an agreement in a form acceptable to the City Attorney. So move, Mr. Chairman. 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 Sanchez, who moved for its adoption: RESOLUTION NO. 02-1037 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT FOR THE PROVISION OF EXECUTIVE SEARCH SERVICES RELATED TO THE SELECTION OF A CITY MANAGER, WITH A.) BENNETT & ASSOCIATES; B.) MAXIMUS; OR C.) KORN-FERRY INTERNATIONAL; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FIRM DEEMED TO BE THE MOST QUALIFIED AND RESPONSIVE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $50,000, FROM AN ACCOUNT TO BE DETERMINED BY THE CITY MANAGER. 240 September 11, 2002 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: We have a motion to -- what, any other pocket items? Vice Chairman Winton: I'm done. Chairman Regalado: OK. Commissioner Teele: Mr. Chairman, thank you very much. This was a wonderful budget hearing and -- Chairman Regalado: Thank you and we'll see you at the Lyric on September 26. Commissioner Sanchez: Gentlemen, it's been a pleasure. 241 September 11, 2002 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:58 P.M. ATTEST: Priscilla A. Thompson CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK MANUEL A. DIAZ MAYOR 242 September 11, 2002