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CC 2001-07-10 Minutes
CITY OF MIAMI )Mean* BATE 0 CITY COMMISSION M--EETING MINUTE.S OF MEETING HELD ON JULY 10, 2001 (Continued July 19, 2001) PREPARED BY THF. OFFICE OF THE CITY CLERK/CITY HALL Priscilla A. ThornIM00100' Clerk 1. DIRECT MANAGER, iN CONCERT WITH EXECUTIVE DIRECTOR, OF INTERNATIONAL TRADE BOARD, TO DISCUSS HOSTING NEXT REGIONAL WORLD ECONOMIC FORUM AT LOCATION IN MIAMI WITH FLORIDA DEPARTMENT OF STATE. TO WORK WITH FLORIDA SECRETARY OF STATE FOR SUBMISSION OF PROPOSAI. FOR PLANNING AND HOSTING FORUM. Note for the Record: Commissioner Winton entered Commission Chambers at 9:06.1.m. Vicc Chairman Gorl: At this time, we're going to recognize certain individuals. Columissioncr Sanchez, you have a salute? Commissioner Sanchez: I'm going to pass mine Cor now. Vice Chairman Gort: Commissioner Regalado, (INAUDIBLE) Pro Cycling Team. Commissioner Regalado: Yes, i do, but as we speak, they're framing because of members of the Commission just signed it. So, if we can wait fora few seconds, I'm sure that we'll have it. Vice Chairman Gort: Commissioner Tccle. Commissioner Tecle: Mr. Chairman, I would ask for the same privilege. 1 would, however, ask that, as soon as we can, we allow Secretary Of State, I lugh Simon, to come forward, Is that on the agenda? Because 1 know they've got a busy schedule today, and they've got a very important delegation. Mr. Attorney, how is that'? Is that listed on the agenda? Commissioner Sanchez: It's one of Commissioner Winton's items. Vicc Chairman Gort: It is in the agenda. Commissioner Tccic: Oh, is it Commissioner Winton's item? Vice Chainnun Gort: Right. Commissioner Tecle: All right. Vice Chairman Gurt: It is all agenda. It's on the agenda. Commissioner Sanchev: He just walked in, so ... Vicc Chairman Gort: What I'd like to do: There's two requests for time certain, one by Commissioner Winton and one by you, Commissioner Teele. We'll take those items that will not take that long. We'll take them right now. Commissioner Tecle: What are the two items? Vice Chairman Govt: The one you just requested right now with the Secretary, and then Commissioner Winton has atm item. He asked me to be there at 9 o'clock. 2 July 10, 2001 �rlit�tti • M Commissioner Winton: Is that the one (IAAUDiBLL) Vice Chairman Gort: Yes. Item -- what's the item: Commissioner Winton: So, it's Winton, "("'O Vice Chainnan Gort: Item "C" is Johnny Winton. Commissioner Winton's item. They're here. Could you come forward please? Will you introduce them? Commissioner Winton: Hugh, you're going to -- you and 'Pony are going to kind of lead this effort. Ilold on one second. i just walked in, obviously, so I've got one thing I've got to get squared away. Commissioner Sanchez: It's too early. Commissioner Winton- My apologies for the delay here and my apologies for being late. Tony Villamil. who's standing here, happens to be a distinguished nnennber of our International Trade Board. I'm the Chairman of the International Board of the City of Miami, and at our last meeting, 'Potty brought up the fact that the City of Miarni-Dade County and, specifically. the City of Miami, is emerging as one of the true global cities in the world, and we know that the Governor's office is intensely focused on recruiting the free trade area of the Americas to the City of' Miami, making -- bringing the 1•l AA (Foreign Trade Area of' the Americas) Organization to the City of Mianni. There's lot of competition worldwide -- well, worldwide. At least. in North America and South Annerica to bring that entity to any city in North America or South America, and Iliere's also ;tit organization called the 'World Economic forum, which is really an organization made tip principally of major corporate business leaders from throughout the world wht) meet in various locations around the world to discuss global commerce, and we have an opportunity in this City to really kind of move above the fray and became -- and begin to act like a true global leader, and in that regard, Tony Villamil, oho is on our board, anti Hugh Simon -- Hugh, I can't helieve I did that just now -- Hugh Simon, who is the Undersecretary for international Affairs for Department oi' State? They are both here with us today to give you some additional information about an opportunity we have, and that opportunity is to Wing the: World Economic Forum meeting to the City of' Miami. So, Tony, Hugh, 1 will turn it over to you and thank you very much. Tony Villamil• Conuinissioner Winton, thank you. Mr. C'hairnnan, distinguished C'omtnissioncrs, thank you very much for the opportunity. I'm here as it proud member of the International Trade Board of the City of Mianni. By unanimous vote, you have a resolution in front of you by unanimous viae of the Inter'riational Trade Board of the City to consider the City of Miami, which is really the global City of the .Americas. This started -,vith it Summit of the Americas in 1994, that was hosted by the City and by the County, successfully. Since then, we have had it number of major .nternational meetings here in oto City and in our County, following with the very successful For three years, supported by the State of f lorida, by the Governor, as well as the Secretary of State, the negotiation secretary for the free trade arta of the Americas. He's now in Panama City, as all of you know, and eventually will go to 'Mexico City. We're in the middle of a battle to bring the permitting secretary of the fuze trade area of the Americas to Miami and to the City, specifically, and this will solidify the leadership that this City has in global affairs, 3 July 10, 2001 bringing jobs, bringing inconu, to our City and to our County. Pal, of the effort of the FTAA and of creating this leadership in global affairs, which includes, as you know, the hemispheric Congress of the Latin Ch,ainbers of Commerce, CAMACOL, and others, to the City, includes also the World hconatnic Forum. The World Economic forum is not a public entity. It's not an official organisation. it is a very -- one of the most prestigious orgarlimions in the world that brings ill the private sector, primarily throughout the world, to discuss issues of importance to international trade, to international conlaerce, to international investment. Each year the World Fc0IIon1ie Folnnll meets in Dallas, SWitzerland, With the attendance of precedence around the world, ministers, as well as the private sector. Before those meetings, there are. what is called, the Regional World Economic forums. It so happens that the World Econonnc Foruln for the Americas is considering Nlianti Dade, and specifically the ('it),- of Miami, to host its Regional Latin American meeting. and that's .why we're here today, to ask the Commission for support of it resolution Ilia( will allow the Executive Director of the international Trade Board, together with file City Manager and other officials, as well as the members of the Secretary of Stale Office, represented by Hugh Simon, to discuss a proposal so that we can bring the World Fconomic forum into the City of Nilanni for the next meetinT*. That will he -- that will bring expenditures to 0111. C 11y, it will bring jobs to our City, and MSO the ,olidificiltiun, like I said, of N11iutli as it global City and a leader in the Americas in trade and commerce and investment. Mr. Commissioner, with your permission, I would okc to introduce Ilugh Simon, who is the Undersecretary of State for international Affairs for the Secretary Of State Office, \vllo's leading -- the Secretary Of Slate is leading this effort in the World Economic Foran►. End right . Hugh Sinton: 'Thank you. Tony. Mr. Chairnnan. Commissioners, the Tallahassee. your state goverrunent, is very, very much in favor of bringing the World I-cononlic Fortin to Mianli. it would he some time neat spring. Secretary of Slate Ilarris has had this idea fill some time. She works \vith people fiom the Forum. starting a couple of years afro. I know, represented on this Commission. are people who were ulst'tlmental in bringing file Summit of itic Americas to Mianli in 1994. so you know what that type of thing call do. 1Vllal we llavc Ill 11111111 is sulnCthlllg somewhat smaller because it's a private sector effort, but it brings the CLUB (C'hief' Executive Officers) of major world corporations into Miami. They see what Miami has to offer. You can extrapolate froin there. Catherine Ilarris. and other leader; in the state. \want to be able to put into your hands this bleat opportunity to allow the world to locus, in tents 01' tree trade, oil Mianni and its role in the Americas. We also have sitting here today a senior advisor tier the World Economic Forum, Mr. Paul Smike, who is available to answer questions, should you wish, and they will also he hack later on in Septemher if we want to discuss things further, as things go down the road, but it would he very much appreciated if the Commission could support (1lrther study of this, looking towards approval of doing it as soon as we get the details ironed out. Thant: you. Vice Chairman Gorl: Well, thank you \ cry much. Are there any questions from any of the Commissioners? Commissioner Regalado. Commissioner Regalado: Mr. Secretary, 1 really support this event. I think that Miami is mature enough and sticuld be decide to hold this meeting, but as a journalist, i've been following those meetings and they're a little controversial, to say the least. My question -- i am -- and I think that the City should not run away front responsibility. We are a major international city, so we have to take the heat. Bill \what Citll \\ e expect 111 terms U1 Stll)1)011 (x4111 the State of Florida'.' I know that Department of State docs not get involved, will not get involve(f in ally of the security 4 July 10, 2001 • details, but security is one of the maior problems (it- the only problem. I should say, in this event. What can we hope from the state of Horida, FDLE (Federal Department of' Law Enforcement?, the Governor, the Depaitment of Commerce, in temps of support, in case that we need to display a security detail that is greater than in other meetings'.' Mr. Simon: A direct answer would be, there are certain very limited funds available. There is an enormous will to search fir cooperation with law entorcemcnt forces in the state. There is a willingness to wort: hand-in-hand with the City of Miami in seeing ]low it can he dune. We'll work with you on that. There's not a lot of money available. The legislature, as you know, didn't appropriate a lot of things. They did put up a little bit of money We can try to iron out some details, but there's a willingness to work with you so that you find it possible to host the forum here. Vice Chuirmun Gort: My understanding is, one of the major problems that we look into security, and what you're saying is, your law enforcement -- the state law enforcement will be willing to work with our C'hicf of Policc to make sure that security is taken by both parties. Mr. Sinton: 'I hose are our indications right note, sir. Vice Chairman Gorc What 1 like about this Summit is, you bring in the CFU, which is the peuplc that really do the business, and the -- really the people that really establish business and create employment, and I think Miami's ready for that, with the NAP (Network Access Point) and everything we have made. Is there any other questions from any of the Commissioners? Commissioner T'eelc: Mr. Chairman? Vice Chairman (fort: Yes, sir. Commissioner Teele: I would like, first of all, to welcome Mr. Simon and the representatives, both from the private sector and those that are helping to negotiate, and to tell you, as the former- Chairman ormerChairman of the County Commission that negotiated with the State Depattnteut and with the White House and the Department of Commerce, the National Security Advisors, as well as the law entoreentent agencies for the federal government, when we hosted this Summit of the Amcncas, it, in many ways, defined Miami as being the probable, not yet confinned, the capital of the Americas. There were a lot of things that happened, and I'm encouraged that you're here, but I'm not necessarily eneouraged with your response, Hugh, who's a dear friend, to my colleague, Commissioner ltegalado. Fitst and foremost, if we undertake this, there ure a lot of things that are outside of our control that could happen, but the vast majority of the things are under our control, and it's a question of anticipation and preparation. We cannot over prepare, and I thiol: the worst thing that we could do is to accept this opportunity and then treat it as just another event that's coming and be under prepared. 1 can troll you that, as Chairman of the County Commission, I was involved with not less than 75 individual meetings with interest groups-, I've tnct with my dear friends ofCAMACOL (Latin Chamber of Commerce) probably in six or seven dif3erent forums that were identified by the Police Department and the Department of State Intelligence, as well as the National Security Council. As you may recall, we had a direct representative of the President's National Security Council stationed here in Miami for some tltt'ee ntontlts, just to hasically answer questions and to give a lot more input and access. My question is, first of* all, obviously, we're excited and we're enthusiastic, but I think we need to July 14, 2001 11111Z.rz.! 0 • be eery, very careful. One had -- one misstep could do us immeasurable damage in our quest to he the capital of the Americas. ']'here are a series of other discussions that have been going on about moving the Secretary of different agencies. 1. for onc, believe that the Inter -American Bank headquarters should be relocated here, among other activities. I mean, the Inter -American Bank strictly handles -- virtually everybody on their way to Washington. DC conics to Miami on their way io meet with the Inter -American Bank, and that is a real combination of government and private sector, as an example, which, gets me to your response. The Cahinct, which the Secretary of State is it proud member of, has total control over many law enforcement agencies of this state, and I don't expect the Department of State to handle this, but you all have 1-resh Fish and Wildlife; you've Lot Florida Deparinlent of l.aw hnfoicenlent; yott'%c got the Florida State 'I roopers, all report in to the Cabinet. And I would expect that the Cabinet will consider the request from this Commission, that wiil also be a pant of a resolution later on. to commit sufficient law, enforcement personnel in a joint operation, in a joint planning process, with our Police C'hicf and, obviously, with the County, to ensure the success of this, as it starter. The other thing that I would hope that the Secretary of State would do, would he to make you more available. Hugh. down here in Miami, on a regular basis, as we lead tip to it. One of the main problems that we have are political leaders who pander. Let me say it again. One of the main problems that we're confronted with in these kinds of expressions are political leaders that pander, and it's really important that you take away the pandering opportunity by having meetings -- rounds of incetings with interest groups so that the real information can get out. i think, if vole want to got it front row sent -- what is that thing coming here in September, the Latin Oranlmys? If you want to gci a front row seat to pandering, come down about a week before the Latin Grammys and listen to the radio and television. And, so, you know, we've got to mature and we've got to grow up, but it's really the elected officials that need to mature and grow up. And. so, I'm here in support of what Commissioner Winton is proposing, but I think we need to go a couple of steps further. Number onc, we need to develop a working group to work out all of the details, and separate and apart t om a working group, which, hopefully would be ti►cused toward letting organizations like C'ANIAC'OL, the 13rothers to the Rescue, the Cuban American Foundation, and many, many other dikerse groups, lie it part of this. But separate and apart from that, i would hope that our Police Chief would take the opportunity and -- we've authorized hint to get somebody that can come to Tallahassee and I guess do what police people do, other than play golf, hilt to meet up in Tallahassee and Washington and to begin to really get serious about forming a real working rclatiotiship. And I really would call to your mind the notion that the citizens of Miami, the taxpayers, are asked to pay tremendous financial harden every time we roll out our police and (INAUDIBLE) bravo. It cost us, literally, hundreds of thousands of dollars. The only caveat that all of us have here, being, under an Oversight Board by the Governor, is that we have to be financiaily prudent, without having any chilling effect on the First Amendment, and, so. I would specifically ask you if you would take it up with the Secretary of State, to bring it up to the 171oritla Cabinet, to put together a working group with our department, our Police Chief, and to really make substantial law enforcement officials available from the State, as well as the federal government. U.S. Marshall's fire on call and we should specifically work with the U.S. Marshal's office to make those resources available, because if you don't, the taxpayers of Miami have to pay for it. And, so, I'm enthusiastic. I'm happy to see you here, and i hope that you'll lteconle a semi-pernlaneat resident, and 1 hope you'll always stay in hotels in the City of Mianti while your group is working here. Mr. Sinton: You'll find nle a perrllancnt resident of the region already, sir. And 1 can assure you that we will form that group and we'll count on your support for that in helping us 6 I my 10, 2001 • incorporate the right parties into that group. I will raise the issue of a Cabinet meeting to address it. It may not even be necessary because the -- we will review all of the services available in the state, as you suggest, and, indeed, look at the panoply of things that we might find available from Washington. And what we need today is the endorsement of the Council to work towards that kind of solution. Thank you very much. Commissioner Tecle: You've got -- you'll get that. Vice Chairman Gott: You've bot it. Commissioner Sanchez. Wait. Commissioner Sanchez fins it. Commissioner Sanchez: Mr. Chairman. all the concerts and questions that 1 have; been addressed by my colleagues, so, therefore, 1 would yield for Commissioner Regalado. Vice Chairman Gort: Commissioner Regaladu. Commissioner Regalado: 1 just wanted to say --add sotetcthing to what C'onttnissioncr Tccle just said because it may -- many people may not he aware of this kind of meetings that tire being held throughout the world, and i don't think that the problem here will be the local citizens. The local citizens will welcome this meeting, will be very happy to have the most important CEOs of the world in the City of Miami. You neay see some small reaction, but for the people that are supposed to he watching on NI"T 9, which is not oil the air, by the way -- but we should say that these problems are created by a small core of protesters that follow these meetings whether in Seattle or Dallas or Washington. and they are very well organized. So, we really -- we have the expertise in the City of Miami Police, but we do need some filtering of this people intelligence report that we don't have the resources. I was in Geneva in one of the -- during one of those meetings. 1 was attending a united Nations Conference, and let ntc tell you, these people are really organized. I mean, we're not talking of banners. Wert: talking real hardcore organized. But there are few of them. There are not too many. So, if we have the intelligence, if we have the infimteation, "e can pre-eutpt a lot of problems. So, 1 just want to make sure that the people understated that this is not a problem that will he created by locals, but by people who protest the global economy, and I just want to add that. And i think that we all be welcoming the conference next spring. Mr. Hugh: Thank you, sir. Vice Chairman Gort: I'd like to -- before you go on. I think Commissioner Teele, with the County, 1, myself with the City of Miami, in the Summit of the Americas, one of the reasons it was very successful because we really had teamwork, The County, the State. the federal Government, and the City worked as a team, and that's why the Sunn»it of the Americas was so successful. So, hopefully, we'll du the same thing. I think we had that experience so well have to put it all together again. Commissioner Winton. Commissioner Winton: Hugh, tell nee specifically what action you need from the board now to trigger the activity front Department of State to move forward with this whole planning effort. Mr. Simon: l had the privilcge of reading a draft, a resolution, which 'Pony Villamil and i looked at, and we felt was perfect for moving forward. July 10, 2001 Commissioner Winton: So, the one we passed last time is sufficient to move this forward? Mr. Simon: Yes, sir. Commissioner Winton: OK. Vice Chairman Gort: There's a motion. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Any further discussion? Being none -- Commissioner Winton: Yes. It's the -- Vice Chairman Gort: -- all in favor state it by saying "aye." Commissioner Winton: It's the one in the agenda package. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who movod its adoption: RE SOI XTION NO. 0 1 -631 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, IN CONCERT WITH THP.' hX[:'C UTIVE DIRECTOR OF THF.' INTERNATIONAL TRADE BOARD, TO DISCUSS THE HOS'I`NG OF T10. NEXT REGIONAL WORLD ECONOMIC FORUM AT A LOCATION IN MIAMI WITH '111E FLORIDA DEPARTMI'Nf OF S'I ATI,"; AUTHORIZING TIiT: CTI'Y MANAGER, IN CONCI;.RT WITH THE EXECUTIVE DIRECTOR OF Till, 1N'1'ERNATIONAI. TRADE BOARD, TO WORK AND COOPERATIi WITH THE FLORIDA SF.CRFTARY OP STA'TF, FOR 'I'lll-. SUBMISSION Of A PROPOSAI. FOR PLANNINt, AND HOSTING THE FORUM. (Hore 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 payed and adopted by the following vote: AYES: Vice Chaitmun Wifredo Gort Commissioner Tomas Regalado (commissioner Joe Sanchez Commissioner Johnny 1.. Winton Commissioner Arthur E. Tecle, Jr. NAYS: None. ABSENT: None. 8 July 10, 2001 1z41s21=0 Commissioner Sanchez: In that resolution we'll have cooperation from State and Federal agencies. Commissioner Winton: It doesn't -- Mr. Simon: I'm not sure that it -- yeah, does it mention Federal? We will work to get that cooperation. You can be assured of that. Commissioner Teele: For the record, that's the second agenda item now. We need to -- Mr. Attorney, we called the first meeting 1'or CD (Community Development) and ... Vice Chairman Gort: Right. Commissioner Winton: Could 1 make one last comment? I'd like to recognize Waldo Castro- Molleda, who's also on our board, on the International Trade Board, sitting out here. So, Waldo, thank you for coming. Hugh, thank you again. And, Tony, thank you very much for your support on International Trade Board. So, look forward to working with you. Vice Chairman Gort: Thank you now. Vice Chairman Gort: I'd like to show there're no vetoes from the Mayor's Office. Mr. Alejandro Vilarello (City Attorney): There're no vetoes. Note for the record: No vetoes from the Mayor's Office. Vice Chairman Gort: OK. We'll now close the regular... Mr. Vilarello: Recess. Vice Chairman Gort: Recess the regular Board meeting. We'll go into the Special C.DBG (Community Development Block Grant) meeting. 9 July 10, 2001 ��arae • Commissioner Teele: ff 1 may, Mr. Chairman. Vice Chairman Gort: Yes, sir. PRQCLAIM JULY 1Q' 2041 I AS: "AP LPH KING:JX DAY" TO,;�iO 101 THE SLAW" FALLEN HERO WHO SUCCESSFULLY OPERATED KING STABLES AND BARBEQUE RESTAURANT. SALUTE TO AMELIA HALL, A BRILLIANT STUDENT AT GEORGE WA$I4INGTON CARVER SCHOOL WHO RECEDED A PERFECT SCORE ON'THE FACT TEST. SALUTE THE "PRO CYCLING TEAM" WHICH PROMOTES HEALTHY EXERCISE; PROGRAM SPONSORED BY THE U.S. POSTAL SERVICE. Note for the Record. The above -referred to Presentations and Proclamations are on cassette tape in the Office of City Clerk. 10 July 10, 2001 0 • T11FRFLIPON, 1• IF C H N' COMMISSION WENT INTO REVESS AT 5:03 P.M. AND RIX ONVF'NFI) AT 5:12 P.M., "'1111 ALL MEMBERS OF THE CITY COMMISSiON, laCEVF COMMiSSIONIA ] I:Ia.I:, FOi SNI) TO BI? PRESENT 24. DIRECT CITY ATTORNEY AND MANAGER TO COME BACK BEFORE CITY COMMISSION WITH PLAN, WHICH WILL PROVIDE MINIMUM TERM OF NI.NETY- NINE YEARS BY WHICH DADE HERITAGE TRUST AND .BUILDING OWNED BY THEM, WiLL BE LOCKED INTO CONTINUED USE OF CITY -OWNED LAND WHERE TRUST'S HEADQUARTERS IS PRESENTLY LOCATED. Commissioner Winton: Becky's passing out Information. So, Becky and Lnid, both conic to the microphone or one or the other (heat. Let nie start while Becky is passing this material out. The headquarters for the Dade Ilentage Trust sits in the City of Miami, and it occupies an historic building hack on South Bayshore Drive, and it sits, if you look at this picture of the debris here, it sits adjacent to the Historic Jackson house that was torn down on June the 5'`' .And the land upon which this historic building sits belongs to the City of Miami. Commissioner Regalado: Johnny.! C'omniissioner Winton: Yes, sir. Commissioner Regalado: Several weeks ago, I thought that, for the City, after we saw that episode, that they made a mistake and almost destroyed, that the city should deed that land to the Dade Heritage Trust. In exchange, they will do a search of all the historic sites and buildings and houses in the City of 14iami: they will do for us the work that we nerd to know, and we will never do it because that's not a priority, and 1 think that the land can be in Better hands than the Dade Heritage TrUSt. In that way, we establish a partnership with them, and they will work with LIS in any and all historic projects in the City of Miami. Commissioner Winton: Well, see, I'm very much in favor of the idea of fretting the city land out of the City's hands and into Dade Heritage Tnist's lands because that will preclude the opportunity, at some point clown the road, for this same very developer, who owns all the adjacent properties —and this is the corner site, so you can rest assured that this developer wants that corner site someday, period. And I think it's incumbent upon us to preserve it. Now, our Charter prevents us from doing a long-term lease or deeding the land over or selling the land to the Trust. However, it may not preclude us from deeding the land to IV1S1 ,A (Mia mi Sports and Exhibition Authority), and let MSEA enter into a 99 -year tease xvith Dade Heritage ";'rust or some other such mechanism. Commissioner Regalado: Well, i've got a question. ('an we deed the land to the Virginia Beach "frust? That historic -- that is historic. And then they can do a long-term lease for nothing to them with that condition. Commissioner Winton: Maybe what the motion is is that we just direct the City Attorney's Office and the Manager's Office to come hack to us with a plan that will provide 99 minimum, ISO July 10, 2001 long-term assurance • 99 -year minimum -- that the Dude County - 1 mean, the Dade Heritage 7 rust Organization and the building that they own there will stay to interlocked for a minimum of the next 99 years, and we have a motion to direct the Manager and the City Attorney to figure out how we best do that. Commissioner Regalado: Well, I'll move it. Commissioner Winton: Second. Vice Chainnan Gort: There's a motion and a second. Any further discussion? Being none, till in favor - City Attorney. Alejandro Vilarello (City Attorney): I appreciate the motion because the answer to the question is, I don't know the answer at this point. Neither of those vehicles appear to be the appropriate vehicle, but there may he another solution to the problem. Commissioner Regalado: Well, there's still time. There's still time, if we can put it on the ballot in November. One of the issues of the many issues that will go on the ballot to decd the land to the Dade Heritage Trust, that property, and If the people want, they can say, yes. Mr. Vilarello: That may he it viable option. Commissioner Regalado: Well, then that's the easiest one. I mean, you don't have to work. We ,just put it on the ballot and that's it. We deed the land to you in exchange for you working for us, searching... Becky Matkov: Would that then - could that be considered like a swap rather than a gift? Commissioner Regalado: It is not a swap. Vice Chairman Gort: I'm sorry. Excuse me. Fxcuse me. Ms. Matkov: I'm sorry. Vice Chairman Gort: Your name and address, please. Commissioner Regalado: No, but it is not a swap. Vice Chairman Gort: Commissioner Regalado, let - name and address, please. Ms. Malkov: I'm Becky Matkov. I'm Executive Director of Dade Heritage Trust, at 190 Southeast 12`" Terrace. Vice Chairman Gort: Thank you. Go ahead, Commissioner Regalado. 181 July 10, 2001 • • Commissioner Regalado: It would not be a swap. It would be the City giving land to the Dade Heritage Trust, so you will be the keeper of that historic place forever, and I guess that, in exchange, you will — 1 guess that we cannot put it on the ballot because it would be like a (INAIJ)IBLE), but it would he a partnership between the City and the Trust, whereby you will do research on the historic places of the City of Miami. Vice Chairman Gort: We're instructing the City Manager and Attorney to get together with you and come up with a way and a system for it to he done. Commissioner Regalado: I think that the easiest way is to put it on the ballot. That's what I think. Vice Chainnan Gort: 'There's a motion. Is there a second? There was a motion and a second. Any further discussion? I3eing none, all in favor state it by saying "aye." The Commission (Collectively): Aye. l'he Ibllowing motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO 0 1 -657 A MOTION DIRECTING; THE CITY ATTORNEY AND THE CITY MANAGER TO COME BACK BEFORE 'THE CITY COMMISSION WITH A PLAN, WHICH WILL. PROVTDE A MINIMUM TERM OF NINETY-NINE YEARS BY WHICH THE DADF HERITAGE TRUST AND THE BUILDING OWNED AY THEM. WILL BE LOCKED INTO CONTINUED USE OF CITY - OWNED I.AND WIIHRE TILE TRUST'S HEADQUARTERS IS PRESENTLY LOCATED. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur F. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ARSENT: None. Vice Chainnan Gort: Thank you. Ms. Matkov: 'Thank you. Vice Chairman Gorr: You can go get your laundry now. 182 July 10, 2001 • • 25. DISCUSSIONS CONCERNING NEGOTIATIONS OF LOCATING THE AMRIUCAN LE. LMANS SERIBS AUTO RACE IN THE: CITY'QF MIAMI. Vice Chairman Gort: At this time we'll bring item 6A. OK. 6A and 7, they can both come together. Mr. Carlos Gimcnez (City Manager): Mr. Chairman, being distributed are some negotiation points that we've been sitting down with Raceworks LLC (Limited liability Company) for the last three weeks or so. (Inaudible) points that we've been negotiating. And for today's purposes, we'd just like to discuss the points -- try to get some direction from the City Commission on whether we're heading in the right direction; what it is this Commission wants us to do to either put this race on or not have this race, and these are the -- so far where the negotiations have gotten us. If you want, 1 can innumerate that on the record. Vice Chairman Gort: Let me ask the attorney. My understanding is -- and the next -- Item 6A is the Le Mans. Item 7 is a request by the City of Homestead to make a presentation by City Manager Ivy. So, if you all like to listen to 7 first and then listen to Le Mans, it's up to you all. What would you all like to do`? Commissioner Sanchez: Let's listen to seven. Asa 183 July 10, 2001 26. MR. CUR7'IS K. IV I', JR., CITY MANAGER FROM THE CITY HOMESTEAD, FLORIDA, TO ADDRESS THE COMMISSION REGARDING PROPOSED UPCOMING MOTORSPORTS RACING IN THE CITY OF MIAMI. Vice Chairman Gort: OK. Item 7. You're on, Mister. Commissioner Sanchez: -- City of Miami. Good to have you here. OF THE Mr. Curtis Ivy: Thank you. first of all, Commissioners, Mr. Manager, staff, thank you for allowing us to have this opportunity to speak today. I'm here to talk on behalf of the City o1'Homestead, to make a few brief comments about the proposed street race, which I see that you're going to cover rigltl alter Our comments. First of all, this is kind of an usual position for us to be in, for the City of 14omestcad coming before another city kind of opposing what may he something that you will make a decision on. However, we're not trying to interfere with any governance going on here. the are here as stake holders in a decision or in it decision that may occur on an issue before you regarding the sweet race. In 1995 we opened the racetrack up down in Homestead. That racetrack was to be the racing venue for South bade -- excuse me -- for Dade County, South Florida. .As a matter of fact, our first race or our initial race was the Miarrti Grand Prix. The racetrack also carries the name lit' I-Ioniestead-Miarni Speedway. We look at this as a regional facility supporting racing in, again, South Florida. We also, despite our location, as the, raceis in Homestead, which is some miles away from the City -- but in spite of our location, we have that regional impact over -- I will confine it. it's even larger than that -- the Broward, Dude, and Monroe counties. As you know, the City of Homestead is not a large city, so we aren't even capable of providing the kinds of amenities to people who collie to the races so that many Other areas, regionally, benefit from the fact that we have this race track down there. This racetrack is an economic engine, however, for the City of] loniestead. It provides fnr us and what our capabilities are when those races go: we are full, our hotels ,arc full, our restaurants are full, our grocery stores, our bas stations get plenty of business. So, this is an economic engine fur the City. It's our opinion, in this situation -- in our opinion, to conduct a race -- a street race here in the City of Miami and not in a racing facility that was developed for such activities, would dilute our efforts to establish the Motor Sports Complex as a dominant racing venue fi)r our area, and we want to get an the record as saying that we believe that this does have a potential to impact the fan base that we would have especially for the Miami Grand Prix in our area. Especially not having, —and if you decide to go through with this --not having a distance between the dates where dollars, discretionary dollars, for racing are spent. 11' they're close, and the race is before our race there could definitely he an impact there because people have spent their disgracing dollars -- discretionary dollars first, and may not come to our venue. I think that -- I'll close by saying; I thank you for the oppoaiunity for expressing these comments with you, being having the opportunity to do that. We are concerned, very concerned about (lie impact that a street race in Miami will have on our racing facility, and we thank you for your consideralion and I will close with that. But we do have Councilwoman Sweeney with us also. that would like to make a few comments, I believe, if'so. Thank you. 184 July 10, 2001 III71L.�.�f1 Ms. Cheryl Arroyave-Sweeney: Good evening. Is Commissioner Teele here'! He's not? Hi. 1 was just waiting for you. "Thank you. Commissioner Teele: I've been walking, listening. Ms. Arroyave-Sweency: Thank you. Commissioner Tcelc: The Manager did a great job. Ms. Arroyave-Sweeney: Good evening. I'm Cheryl Arroyave-Sweeney. I'm councilwoman for the City of"Homestead. I'm here to speak against renewing road racing on the streets of the City of Miami. Some people -- some things people do are just dumb, brainless, like doing the same thing over again and expecting different results. Miami already tried racing on its streets. Street races are too disruptive to business; too expensive to set up and take down; corporate sponsorship isn't what it used to be, and all the economic benefits of having a race in Miami -Dade will be realized whether the race is oil Miami streets or at (lie Motor Spoils Complex, where the race belongs. Other things people do are heartless, like kicking someone when they're down. Miami's on the mend fiscally, but Homestead has a fiscal nightmare ahead of itself. Homestead is in worse shape than Miami ever was, and we need maximum revenue at the track to service the debt incurred to build the track. Homestead 's economy used to rest on the twin pillars of agriculture and the air base. NAFTA (North American free 'trade Agreement) has killed our agriculture; Andrew destroyed the air base and our tax base; our population went from 31,000 to 17,000 after Andrew. We were wiped out. The population numbers have come back, but the well-off military retirees have been replaced by people who live in Section 8 housing. We're down, really down, and to schedule a race in competition with ours would be like kicking us when we're down. I'm asking you not to do this. It would be both brainless and heartless. Thank you. Vice Chairman Gort: Thank you, Anyone else'? Commissioner Teele: Mr. Chairman? Vice Chaitrnan Gort: Yes. Commissioner Tecle, Since councilwoman was kind enough to -- let me just tell you how delighted 1 ani that you're here, and -- if this race is actually going to conflict with a race schedule, then I'm certainly going to have some second thoughts about this race. Ms. Arroyave.-Sweeney: Well, it's not just the race in conflict, but it dilutes our speedway as being... 185 July 10, 2001 • 9 Commissioner Teele: I've heard your comments, but I was focusing oil two comments that you made. As 1 understood the text of your comment, you specifically said, if this race is held in competition, in terms of dates... Ms. Arroyave-Sweeney: No, 1 didn't say in terms of date. 1 said in competition, which competition could mean anything from holding the race and diluting our... Commissioner Teele: All right. Well, then, let me paraphrase it by saying: I want to ensure that whatever happens in the streets of Miami in no way conflict dale -wise with the race schedule that the published and noticed race schedule that is happening in Homestead, because I agree that that would be an unfortunate ... Ms. Arroyave-Swecncy: It still hurts us, Commissioner Teele. Commissioner Teele: Perhaps so. The other thing that I just wanted to caution you -- I don't know who this guy is representing, as he's taking these notes. But you may want to recast your comments in light of Mr. Stierheim's ongoing efforts, because I don't think that Homestead is any way near in worse shape than the City of Miami ever was. Because, if that's true, you've just issued an invitation to the Govenior to impose an Oversight Board, and I thought that might be a comment that you'd like to clarify. Ms. Arroyave-Swecncy: I will clarify that. Commissioner Teele: Yeah. Ms. Arroyave-Sweeney: We don't know for sure, but we have heard rumors, OK, Mr. Teele? And we won't know until -- maybe the end of this week we'll find out. Commissioner Teele: And I just think that it was important for you to have the opportunity not to -- because we know the faith that befell us and it's -- 1 wouldn't recommend it, unless it's absolutely necessary. But I do appreciate your coming here today. Ms. Arroyave-Sweeney: I appreciate your concern. And 1 also want to tell you that I stood by you when you ran for County Mayor, Mr. Teele, and 1 held a sign from seven to seven at night in Little Haiti when you ran for Commission. Commissioner Teele: Well, let me tell you. You're helping me think this thing through a lot clearer now. Vice Chairman Gort: Mr. Manager, anyone else from the Homestead? Let me tell you: There will be a public hearing later on when a presentation will be made by the Le Mans, and there will be people of the speaking flavor and people of the speaking against who will have an opportunity. At this time, it's a presentation from the City of Homestead. Mr. Ivy, do you have any other presentations you'd like to make? 'thank you, sir. 186 July 10, 2001 ITIDS1<.'5— 0 1 27. DISCUSSION CONCERNING NEGOTIATIONS OF LOCATING THE AMERICAN Ll MANS SERIES AUTO RACE IN THE CITY OF NVIIAMI. Vice Chairnan Gort: Now we go to i,e Mans' presentation. Carlos Gintenez (City Manager): Yes, sir. Before you is a sheet -- just a negotiation sheet with some points that have been negotiated. I can go through these fairly quickly. I want -- we have come to some kind of meeting of the minds. Again, we're looking for direction from the Commission in ternis of what it is that this board wants to do The race boats need about eight hundred and fifty thousand dollars (S950,000) in street improvements, on a one -time basis, to accommodate the race event in downtown Miami, and the City would be making those sweet improvements. The City would also provide in-kind services of about three hundred and twenty thousand dollars ($320,000) a year, which includes Fire, Police, and Solid Waste. The Raceworks LLC (Limited Liability Company) is looking; for a storage facility to place the racetrack equipment when the race is not -- the event is not being held. We feel that we have space in sonic of our City -owned property to do this. That's an approximate value of a hundred thousand per year. The maintenance of the race -- the race course is not to exceed one percent of the City's gross proceeds payment, that is, if there is work to he done throughout the year, the City will agree to do it, but there is a cap of one percent of the City's gross proceeds. There will be a maxiinum of two race events per year; 15 -year term of license, plus a 10 -year option at the licensee's option; there's a staging for the event that will occur 45 days prior to the race event and 30 days after the last race (INAUDIBLE) date. Before this racecourse will pay the City one percent of k,ross revenues for years one and two; two percent of'gross revenues for year three and fMir; three percent of gross revenues for years live tltroug;lt the term. Also, if the Raceworks LLC -- sells the rights to this race, if it's sold within the year, the City will get 20 percent of the proceeds; sold within two to three years, 15 percent; three to four, 10 percent, and sold any time afterwards, the City will get 5 percent of the proceeds from the sell of the event. If Raceworks relocates the race, as happened in the past with the ,Miami Grand Prix, the City will receive full payment for all in-kind services, storage, et cetera, associated with the race, since the inception, plus an annual interest rate of 7.5 percent for the full vulue of the City's expenditures, and also the name Miami or any other reference to the City shall not he used by Raceworks LLC. Bayfront Park 'trust will receive fifty thousand dollars ($50,000) rent, plus a CPI (Consumer Pricing Index) capped at lour percent, and a ont. percent ticket surehargc; on all tickets sold. The race dates —what hey want to do is have the races on April 5,6, and 7 of the year 2002. Commissioner Sanchez: Thank ,you. Vice Chairman Gort: OK. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Sanchez: Before we go on with the presentation, i did not have an opportunity to address the concerns of• Mr. Ivy and Mts. Sweeney on the issue. First of all, let me just -- i have met with, 1 believe, both sides, and Mr. Ivy in my office, and Mrs. Sweeney was present. When 187 July 10, 2001 she made the statement "kicking thein when they're down," that's something that I -- I don't think that this City wants to do, to kick Homestead when it's down. i think we've been there. I think the City of Miami wrote a book about it, bought a T-shirt. We were in financial difficulties years ago, and whether we can say, that it was a mismanagement or difficulties, we have also had difficulties. Now, Homestead has had its difficulties. We could blame Mother Nature or we could basically blame mankind on the situation that you're in today. Hurricane Andrew did create havoc f'or you, which is something you have never been able to recover from. Homestead Air force Base taking away one of your biggest employers in 1992. We can go on with the list. NAFTA (North American Free Trade Agreement), in 1993, lead some of your -- 300 growers in Florida that went belly up on that, but, you know, Homestead has not had any hick with a couple Of things. You have a baseball stadium that's basically empty and the race track, whether it breaks even or not -- but i commend you for coming here and standing up (or Homestead, but you also have to understand that, you know, we are elected officials for the City of Miami, and we want to listen to what we believe could be something good for the City. So, i want to thank you for meeting with me and I want to thank you for being here, but also, you know, some of the statements that have been made, that they were heartless, I don't think that's appropriate to make. 1 think that if we're doing something, we're doing our job to try to create revenues for (lie City of Miami. We believe that in the long run that not only myself, but the City Commission, the City Manager, the Mayor we are going to do what, we believe is right for the City. So, that's why we're basically here listening to both sides of the issue. You'll have an opportunity also to express your programs that you have about creating a festivity that, I'm sure, would also require public funding to put together, so we'll listen to both sides and then we'll take it from there. So, 1 want to thank you for coming out here. Ms. Arroyave-Sweeney: Commissioner Sanchez ... Vice Chairman Gort: Let me add a little something to that, which I think is very important. The City of Miami is the fourth poorest city in the nation, according to the figures that \ve have. And unfortunately, one of the reasons is the expansion of Miami -Dade County is what created a lot of the problems that we have today. When they built the 112, ruined 36`x' Street. When they built 1-95, ruined a lot of our neighborhoods; the 836, 826, they ruined quite a hit of the City of Miami. So, right now the City of Miami has 40 percent of the property tax exempt. So, we want you to understand that. We're going to listen, like they was telling you, to both presentations, and we're going to make the decision we believe will be the best for the residents of the City of Miarni. Thank you. Ms. Arroyave-Sweeney: Excuse me. Can 1 reply to Commissioner Sanchez, please:' Commissioner Sanchez: Sure. Vice C hairtnan Gort: Yes, ma'am. Ms. Arroyave-Sweency: OK. We did meet with you, whenever it was, a few weeks ago. We had come to a public meeting, Mr. Sanchez, regarding the Le Mrurs issue, and it was cancelled. Apparently, because it was too well attended -- I mean, I've never been to a public meeting 188 July 10, 2001 before where it was cancelled because it was so well -attended, anti we never did get a reason why that was cancelled, except that... Commissioner Sanchez: But is it your suggestion that I cancelled the meeting? Is it your suggestion that I ... Ms. Arroyave-Sweeney: Was it my suggestion'? No. We were waiting for the meeting to start, and your aide came out and told us the meeting was cancelled, the public meeting. So -- yes, and we are honing and you know, how it feels to hurt. And when a conflict happens with our city regarding an issue that hasn't been voted on yet, we're here to oppose it and hope that you will... Commissioner Sanchez: And I respect that. l think that we agree to disagree. Is it your position that -- Homestead's position that no street race should take place in the City of Miami, regardless of whoever the sponsor may bel Is it the position of Homestead that no racing be allowed in the City of Miami, and only in I fomestead racetrack? Is that the position of Homestead'? Ms. Arroyave-Sweeney: Our position is -- we are opposed to street racing. It hasn't worked before. In fact... Commissioner Sanchez_: Well, that's irrelevant Ms, /J•t•oyave-Sweeny: In fact, there's a list here, Mr. Sanchez, of 22 street races that have failed, and there are four races to run in 2001, but it's not a good record and it will hurt our speedway. Commissioner Sanchez: Thank you for your financial advice. Mr. Alejandro Vilarello (City Attomey): Mr. Chainnan, if 1 could just address one issue just to clarify the record. The meeting that the councilwoman referred to was cancelled because two members of Baytront Park Management Trust appeared. The meeting had not been noticed. The meeting could not go forward with the two members there and, therefore, the meeting was cancelled. So, it was in order to avoid any sunshine law problems that the meeting was cancelled. Vice Chairman Gort: But there was no City Commission meetings? Commissioner Sanchez.: No. Mr. Vilarello: As Bayfront Park Management Trust, the Sunshine Law applies, and it was cancelled as soon as two members appeared at that one meeting. Vice Chairman Gort: OK. Ves, sir. Mr. Willy Bermcllo: Mr. Chairman, my name is Willy Bermello, with address at 2601 South Bayshore Drive, City of Miami. first, I'd like to say that I have the highest regard for City Manager Curt ivy, who appeared before you, and the folks of Homestead. Some of you know 189 July 10, 2001 0101IM& • • that our firm designed the Homestead Motor Speedway, and some of you probably don't know that a few days after Hurricane Andrew, I received it call from Alex Nluxo and our firm responded to provide, on a pro Bono basis, damage assessment in the municipal buildings in the City of Homestead. 1 have the highest regard for the community. But today we're here to talk about the City of Miami. Today is a historic day because today we can bring back the glamour, the drama, and the international appeal of bringing hack to the streets of downtown Miann the fastest growing sporting event in the world, and that's auto racing. for 12 years, front 1983 to 1995, my good friend, Ralph Sancho and the Miami (.grand Prix, literally and figuratively speaking, put Miami on the map within the racing world, bringing international attention, even bringing; back into racing Emerson Fittapaldi who, today. stakes Miami his home. After a 6 -year hiatus, midi your blessings this afternoon and your approval of the deal points, the terms that have been expressed and articulated by the City Klanager, which I want to unequivocally confir771 for you that we accept all of those points. So, we're not here to debate: them. '.'i'e're here to basically say we agree with what has been negotiated. We can have Miami take its place back again and reclaim its position as a setting for a world-class venue. We're talking about a race that will take place on the 5th, 6th, and 7th of April, 2002, an cvcnt thut will be lelevised by CRS (Central BroaD,C.asting System), network sports, that will bring Miami the event our streets. our waterfront, our community into the homes of'over 300 million viewers worldwide. The race will showcase our City like no other sporting event you could imagine. I,00tball gridiron, baseball, a basketball court, it golf course, it hard court of any kind. The setiink of this sweet race i, our city. It's our downtown. it's our people. It's our culture. That is what we're all about. This race will show Mianti at its finest. It's a pleasure for tile to introduce to you my partners at Race Works, 1.1.C' (Limited liability Company). They're here with me today. Peter Yanowitch, Jay Scharer, and ,lack Peeples. We also have with us Dr. Donald Panoz.. Dr. Panot is the owner of the Miami -- of the American Le Mans Series.. and he's joined by Scott Atherton, the CEO (Chief Executive Officer) of American Le Mans Series, Mr. Mike Clark, Vice President of Marketing for American I.c Mans Scrics, and previously involved, by the way, with the Long Beach Grand Prix. Following illy presentation, I will ask Dr. Panoc and Scott and Mike to come up to the podium and make a few conimcnts. I would also like to introduce sonic folks that have come from out of town to lend their support, and I'd like to introduce them at this time. Mr. Dave Mirag, owner of Champion Audi, ylr. Ikon Skoda, President of Marketing of Auto Dealers Association, Mr. Toni Salkowsky, GrOnnd Manager of BMW (Bavarian Motor \Yorks) North America, Mr, Dennis Huth, President of TransAnt Series, Mr. Bill Adams, NBC (National RroaD.C.astine, Company), Motor Sports Commentator, Mr. Chris Lewcheski, promoters of the National Grand Prix in Washington, D.C., and Mr. Bill Weston, Regional Director of tltc SCCA (Sports Car Club of Americo. At the conclusion of our presentation, I'm going,; to submil, tin• public record, a series of• letters of support from CART (Championship Auto pacing; Team), from SCCA, from Emerson Fittapaldi and also fount Steve ONcy, with the CART Series, where lie is physician. Ileads a medical group with respect to some issues, the fact that street races also happen to be the satest of any type of' racing allowed today. Formula 1, NASCAR (National Association for Stock Car Auto Racing), any type of racing, s(rcetcar racing, is the safest. Out- races urraces planned for next year, April 5th, 6th, and 7111, Commissioner Tecle asked it very important question. Will our race directly conflict with racing in Homestead? The .answer to that is very simply. It won't. It simply won't. Will it conflict with any other major cvc;nt, culturally speaking., or sporting event speaking; that will conflict an impact? We won't either. We have met with the Miami Heat. We have met with our closest neighbors in Bayside, intercontinental 190 July 10, 2001 Hotel We're doing everything possible to make sure that we embrace our community and that we work together with all of our neighbors to make sure this is the race that will inconvenience no one and will benefit our community. The road course have been designed to cover the areas of Bayfront Park, Biscayne Boulevard, (unintelligible) Plaza; approximately one point five miles of challenging and the most dramatic and beautiful street race anywhere in the world. Onc third of the race will be along our waterfront, and will provide panoramic views of our City, of our skyline, of ilio hest that we havc to oflcr. The three-dav race is anticipated to bring to downtown Miami over seventy thousand spectators. Historically, the American I.c Marls Series, as the series foes from city to city, they receive approxnnately six thousand visitor, from out of town. These are visitors. These arc people that will be generating in excess oft%%enty nlilliun dollars (S20,000,000) ofeconomic impact, according to our CNA (Certified Public Accountant), the time of 5harpton and Brunson. Fhe race will also hring 20 permanent jobs and in excess of hundred temporary jobs during the event. We have had incredible support with the City. We thank the Manager, .Assistant City Manager. Frank Rollason, Police and l=ire stall' that we've met with, Lieutenant Reed, Jose Behar. along -- the list is too long to go through. But we have prepared a traffic plan to maintain operations and make sure that deliveries and services and emergency services to the downtown area prior, during and alter the event can be assured to guarantee the downtown area the fact that this race %%ill not interfere, will not inconvenience our City. We're committed to continue to work hand in hand with City staff, with DDA (Downtown Development Authority), with Bayfront Park Management frust We have already agreed to set up a working group with the State Department of Transportation. \Vc will do everything possible and commit to you to work to make sure that this is a win-win situation Cur all involved. We're convinced that we will, in no way, in no way, harm any of our neighbors to the south. As a matter of fact, I think that you all recall that when the Miami Dolphins were coming into town - - this was many years ago -- there was talk that it would hurt the fbutball program at the 146,ersity of Miami; that there would be competition between having two football venues at the. Orange Howl. Che result of that was that the Miami Hun•icanes became the championship team witlim 10 years of they Dolphins hcing in town. When Howard Snellenberger leti the football professional team and went to coach the University of Miami Hurricanes -- and you all remember that great game against Nebraska in the Orange Bowl. Having Sebring, Daytona, Homestead. and now this afternoon, with your vote, Miami, will coin -- will basically signal that Florida, our great state of Florida, will become the racing capital of* the world. And with vow vote today, that can become a reality. 1 was going to go through the essential points of our deal, but your Manager has done a great job enumerating them. So, I won't take this body any lunger, except to say we agree, a hundred percent, with every single point that he has outlined. We ask that today you give us a green flug. We have cars out there. We're ready to go. 'fine is of the essence. We need your blessing. At this time I would like to call to the podium the owner of the American Le Mans Series. a gentleman that has had a profound impact in racing around the world, Dr. Donald Panoz. Donald Panoz: Thain: you, Willy. Commissioners, it's very kind of Niru to give us the opportunity to present the American Le Mans Series to you. Vice Chairman Gort: Excuse nte, sir. Will you state your name and address fur the record? 191 July 10, 2001 Mr. Panoz: ]'in sorry. Donald A. P1,11107, 1394 Broadway, Braseltun, Georgia. Thank you for giving us this opporlLill ity. .lust and to our ride from here in Miami the Sebring International Raceway, the home of the Sebring, 12 hours, which is now celebrating its Stith anniversary. Nineteen ninety-seven the historic crowds of Sebring had depleted down to about sixty thousand for the three days. Since the advent of the American Le Mans Series, Sebring is a classic example of what has happened to all the tracks that have entertained our series. Last year we had a hundred and sixty-four thousand people at Sebring, making it the second largest venue ever in the history ol' sports car racing, second to only Le Mans. hundred -- three hundred and fifty thousand is their record. The streets of' Miami offer the hest panoramic setting that we can imagine to portray the types of cars that .tire race and the segment of the population that comes to see our races, and that are our fans. You have heard many explanations today by people who are for This race, people that are against this race. We do not watt any contest ur conflicts with Homestead. We believe in good racing; we believe in good demographics. we believe in bringing business to an area that we participate in, and we do that in a very good fashion, and that is the secret to our success. I'm sure, as the day goes on, you'll hear many other reasons and explanations about all the things that have been said about this race, and 1 hope that, when this Meeting is over and when you have your vole, he it what it is, i hope that the air will be clear and that everybody will understand what is going on. I thank: you very much for the privilege of addressing you. I can promise you that we will bring you a good race. We will bring you our fans to the City. We'll bring your international TV coverage, and we will bring you class entertainment. 1'd like to invite Scott Atherton, our President and CEO oi' our series up to give you more details. Thank you. Mr. Scott Atherton: Commissioners, City Manager, City staff lily name is Scott Atherton. I'm the President and CEO (Chief Executive Officer) of the Panoz Motorsports Group, which includes the American Le Mans Series. Specifically, today, I'm going to talk about the strength o1' tine American Le Mans Series, and the challenge here was to identify what treasures can accurately depict strength. We would like to think that it's manufacture involvement, television coverage and ratings, spectator response, and the demographics of those spectators. In terns of our manufacture involvemenl, we literally have more manufactures involved in this series than any other form of motorsports in the United States, prestige brands: Audi, General Motors, with both their Cadillac and their Corvette divisions, BMW, Porsche, plus some exotic, tow volume producers, Selene and Panoz. Expected next year, which will be... Commissioner Teele: Who was the last onc? Mr. Atherton: Pardon mc? Commissioner Teele: Who was the last one'? Mr. Atherton: 11an07. It's a very high performance car, manufactured also in Braselton, Georgia. Purely coincidence. Anticipated in 2002, which would be obviously pertectly timed fbr an introduction in Miami, would be the addition of the brands Ferrari' Bentley, MG (Morris Garages), and the potential return of Chrysler. These are state-of-the-art cars, and when you have manufactures involved in racing, they attract the tup drivers. We feature drivers, many of which have CART and Formula 1 backgrounds. When you get the state-of-the-art cars and the 192 July 10, 2001 IIIIIII.TE: top drivers that attracts fans. But these manufactures also do hospitality. You'll sec many in market promotions, advertising. as they engage their dealer groups in the activities in the city. Moving along to television coverage and ratings. Keeping in mind that this series is just three years old, our network coverage includes CBS, NBC (National Broah.C.asl Company) and Sliced Vision. As mentioned before, the Miami race would potentially be live on CBS. In.jusi our third season, i f you loot: at the ratings, we are consistently ;it or above the ratings achieved by both CART, IRI. (Indy Racing League), and with the exception of the Winston Cup Series, many NASCAR events. In addition to the domestic television coverage, all of our races are shown oil EuruSport, which has coverage of 57 cuuntrius in 17 different languages. Spectators, which is something that certainly every success of any series would he measured against. At it time when many sports. not just auto racing, are iicing challenged by decreases in attendance, the American Le Mans series has a very bright future and certainly a good tuck record. So far this year our events are at or above �0 parcent increases, over the same events last year. As mentioned by Dr. Panoz, our Sebring event this year had nothing less than a hundred and sixty- four thousand patrons over the four-day period. 1 think we all agree that the 24 -hours of Daytona is it very significant race. Last year five of our events had spectator turnouts in excess of those who attended the 24 hours of Daytona. But it's not just quantity in our case. It's quality. It' you're going to throw a street party in Miami, these are the kind of people that you want to have show tip. The profile of our in has an average inconic of seventy thousand dollars ($70,000); 23 percent of them make more than a hundred thousand; 60 percent are college grads; the average age is ,just under 40; 61 percent are niales, and 39 females. In terms of strength and it brief review. we have niani facture involvement beyond peer. One of strongest television packages in all of motorspon. Our ratings are at or- above much more established series, and we have spectator counts that are large and growing. We know we're strong. Our race in Miami would make its stronger. Thank you. Vice Chairman Gort: OK. Mr. Mike Clark: Good evening. I'm Mike Clark, also from the Panoz Organization. ]'nn the vice president of marketing, and really what I wanted to comment on today. I had 12 years of experience up until _just last six nionths as the VP (Vice President) of marketing for the Grand Prix Association of Long. Beach, and so I've seen firsthand the benefits and the success that can conic. from a street racing event and certainly i know that the citizens of Long Beach, California take great civic pride in the race. It's been going on for 28 years now. It's going; strong. I think that speaks to the success that a street racing event can achieve. Toyota has been the title sponsor of Ihat race for 25 years. it's the longest running. continuous sponsorship in all of Sports now. Two hundred companies entertain key clients at that event. It's got it forty million dollar (S40,000,000) economic impact to the City of Longi; Beach. Three hotels were built, which were attributable to the success of the event. Queensway Bay Development, a new aquarium, expansion of the Convention Center in Long Beach, and I know there's a lot of civic pride that takes place with that event, and hack when we were doing the Long Beach event acid the Grand Prix of Miarni was still going ()It, we considered the Miami event very much a niirror of what was taking place in Long Beach. We thought it was, in many respects, Long Beach East. We have a neighbor -- we had a neighbor in Lona Beach -- we still du -- which was California Speedway, it very analogous situation to Honiestead,'Miarni. We found that they could be -- and were it promutional partner of ours. We had events that took place less than a month ,apart. Our 193 July 10. 2001 r111111lu CART race and their NASCAR Winston Cup race, both events w-crc successful; both sold out. Didn't see a negative impact from two events in the same market. In fuct, we felt like they helped develop new fans for both, so I don't think that's a really legitimate argument in this situation. Environmental impact of the event: We had to get a permit every year from the California Coastal Commission, which is the strictest governing body in California. And, you know, %ve left the venue in better shape than we found it each year, so I don't think that's an issue. So, basically, 1 think it's a good thing for Miami. It's certainly a good thing for the American Le Mans Series, amt we appreciate your suppoli on this. Mr. Berniello: Mr. Chainnan, at this time. I'd like to conclude our presentation by bringing to the podium our last speaker, my partner, Peter Yanowitch, attorney, former race car driver, if you can believc with his sire that lie ever lit in it car, and the leading fierce behind this event. So, Peter, -.Nuuld you please juin rile. Peter Yanowitch: Good afternoon. Peter Yanowitch, 800 Brickell, Miami. I just want to take this opportunity to express my thanks to the City Manager, to his staff, to Tay Constantz in the Bayfront Park Management Trust, to Patty Allen in the Downtown Development Authority, Jose Abrcu with the State Departnncnt of Transportation, Robert Jersia of the Rouse Company, Bayside Marketplace, Keith Tribble of (lie Orange Bowl Committee, and Gil Katzman of Intercontinental Hotel. We have spent a great deal of tinic and energy with these people to develop the plan that you have before you today, and without their help, their hard work, we would not be here. So. we acknowledge them and we have a great deal of gratititde for their assistance. It has been suggested that street races is an anomaly, it's an event that will not he successful. I just have briefly to introduce to you Chris l_cwcheski, promoter of the National Grand Prix in Washington, D.C., which is a street race that is about to commence, and also features the American 1_e Mans Series and he'll give our concluding remarks. 'Thank ,you. Mr. Christopher Lewcheski: Good afternoon, and thank you very much for the opportunity to come and speak on behalf of the National Grand Prix. My name is Christopher Lewcheski. I am Chairman and 16under (it' National Grand Prix Holdings, H.C. I live at 4301► Center Valley, Pennsylvania, 18034. it's rare that a promoter of another city's event has the opportunity to come and address another city. Except for the fact that what my, brethren here have; been going through for the last several years, our organization has been going through since July of' 1999. When the City of D.C., through the D.C. Sports and Entertainment Commission came to my organization and asked us to look at the various sanctioning bodies that were available to them to promuto it duwntuwu street race in the years 2002, 2003. Their then executive director, and I had shared some existing responsibilities with the Olympics, and Jim Balrymple, who, in person through the Commission, addressed racing as an international activity, that allowed an economic impact of nearly forty million dollars ($40,000,OOU) a year. Our program is a 1 0 -year agreement to run and stage international racing. We met with all the series and ultimately decided that the Le Mans Series was a series of choice for our city, for all of the reasons that Mr. Atherton pointed out, but explicitly for our city, which Miami shares. The cosmopolitan nature of this style of racing is genuine and sincere and does not exist in any other form presently, (unintelligible) Formula 1. So, when you have the opportunity to bring this level of manufacturer's support, this ]cvel of vendor's support and specifically the economic impact that we speak oi'when you bring an event of this size and scope to any city, but particularly one with 194 July 10, 2001 Miami, with a tremendous history of this kind of racing, through these kind of'strects, i think is an absolute win-win from the economic impact standpoint, both direct and indirect, and from roader standpoint of emphasizing the glamour and excitement of what racing can be, specifically when you have a backdrop and a pallet like Miami. We are lirlly supportive of all the efforts by Dr. Panoz, I e Mans. TransAm, and persons here today. And if there are any questions at any point in time, anyone is free to discuss a lot of the issues that we face in Washington, D.C. that allowed their Commission to look to out entity to provide and promote a race along the same lines Mr. Panoz brings to you today. Thank you. Mr. Bennello: phis concludes our presentation, Mr. Chairman. We're available for any comments, commentary, tluestions, et cetera. Thank you very match for your patience. Vice Chairman Gort: Now we'll hear from those people in opposition. If you could put this... Commissioner Winton: Let me ask them a question real quick. i thought the last speaker was going to address the issue of-- the question about whether or not a street race could succeed, and he really seems to he knowledgeable about the industry, but he hasn't clone the race in D.C. yet. So, I think the question still kind of hangs out there. Iiow do we know street races, that seem to be going downhill, are going to be successful'? Mr. Lewcheski: I think we have to look at -- and that's a great question. I'm sorry. To answer specifically: 'i he paradigm of the street race, as it existed in the past, has definitely bone by. mean, those clays are history. Excuse the pull. The cooperation between a city looking for economic impact and a promoter saying,, 1 will put my money on the table, and I know how much money it costs because the community meeting I had with our city three weeks ago, ultimately the buck stops with tile. I have lots of people around us, great and dedicated professionals who have done racing. but at the end of the day I needed a city to say, Chris, we have economic assets in this city and we have a non performing asset in our former NFL (National Football League) stadium that with two beautiful studiunns now in our marketplace, both the Ravens and the NFL Red Skins, we are no longer competitive in the international sporting circles. What can we do'? And we proposed a paradigm where the city came to its, along with our program, our backing through Lcgg-Mason Sports Industry Group and said, if we come to you and say we will provide the economic backing, will you provide the city services and responsible parties, and more importantly -- what I hear today -- the liaison between the promoter and the event happening, and its success is absolutely critical. Mr. Clark didn't point out. In Long Beach they actually moved that race several different limes throughout the city, but at no point in time did the consumer ever come back and say, hey, I'm not in the same seat or, hey, my flab isn't up where it Was supposed to be, because the cooperation between the City and the promoter were so absolutely critical -- and l sense that today. i've listened to what all parties have said over the last few months, and that is the same level of cooperation we had with Bobby Goldwater, the now executive director of D.C. Sports Commission. Our paradigm is this: We're providing the economic responsibility; they're providing the city financial responsibility and, in essence, the in-kind services. Our program includes a concert at the RFK (Robert Fitzgerald Kennedy) facility, so programs a little bit differently. But then the other essential element to what you're speaking about is which series are you bringing'.' In our case, I'm revitalizing a program that ran under the National Grand Prix, similar to cars that ran almost 90 years ago 195 July 10, 2001 ATHATIORK- through the streets of D.C. So, we have a little bit of equity. We have nowhere near the emotional entertainment equity that Miami has in its GT (Grand Touring) races. But clearly. our program was: The LMS (Late Model Stock) Series made sense for us. Its economic responsibilities to its promoters; its economical physical strength; the non -bifurcation of the GT market, and that's critical. Now you have all the promoters working together and you have critical mass where all the promoters bring all of the talent of advertising and promotions and public relations, and, for my hoteliers, hotels sold out with food and restaurant bills to go. So, those arc all pieces of the puzzle. And so the big structure here, cooperation between city, promoter, and specifically the sanctioning body, those three issues are the legs that the table stands on. Without any one of those three, you do not have the successful event that 1 think you're looking for here. I lave I answered your question, sir? OK. Thank you. Commissioner Winton: Well, with projections about the future, but nothing historical. So... Mr. Atherton: Commissioner Winton. Scott Atherton, again. If 1 could add to that. I think there's been a bit of creative presentation done here in suggesting that there are just two successful street races. There are two successful street races in the United States. If you look just to the north of us -- north to the border of Canada, there are equally successful races both in Toronto and in Vancouver. When you look at the markets where these events are successful, they have a common thread that runs through them. Very much a cosmopolitan/metropolitan area. They don't work well in Des Moines, Iowa. That's one of the events that you'll see on your list as being a failure. There are a number of reasons why some of the street races have not done well, including acts of God, like floods, the death of the promoter. When you think of the American Le Marts series, in our three years we have evolved and the Incus and the direction that the series is going in right now is exclusive to historically significant road courses, tracks like Sebring, Mid -Ohio, Road America, Laguna Seca, and specifically targeted temporary street circuits. You've heard from two today. One, Miami; the other Washington, D.C. We would suggest that those two cities are probably at or near the top of the list in terms of international intrigue, cosmopolitan background, and I assure you the homework has been done; the pictures you sec of when the G"L cars ran here hcfore, it's been set -- this was depicted as the Long Beach of the East. I'm confident that if the street race had never lcfl here, it would be on that list as a successful example today. Commissioner Sanchez: Mr. Chairman, I have two questions that I'd like to ask. One is, is there a pledge to restore the park and streets back to its original condition as soon as the race is over'? Mr. Bcrmello: Yes, there is. Commissioner Sanche/.: And is there also. . Mr. Bermello: i think -- Commissioner Sanchez, I think there's also a little bit of a difference between the race course layout for the Miami I.e Mans Series and what the City formally experienced in Bicentennial Park. Commissioner Sanchez: That's the reason why I'm asking this. 196 July 10, 2001 • • Mr. 13ermello: Ilea we're working already with what is there. We're not working against the setting. We're working with the setting. And there will be, like the Manager said, approximately eight hundred fifty thousand dollars ($850,000) in improvements, but they're all working with what is there. We're not caning out or asphalting green space in our park setting. We're working within the existing roadways and pathways within the park. Commissioner Sanchez, But there is a plan in place? Mr. Rerntello: The plan is in place. The park, when we're done after every race, you would not know that there had been a race, you know, the week before. Commissioner Sanchez: Also, is there a good traffic plan that would minimize disruption in the downtown... Mr. Bermello: A traffic plan has been prepared, in conjunction with the city police. 1 mention Lieutenant Robert Reed and Sergeant Juan Tejeda, and your special events coordinator at the Police Department. We have worked together with them. DDA, in preparing; a traffic plan that actually is before you, and these two boards that will show traffic flow, all the traffic control points that we're taking into account, and also how we can service all of the blocks and buildings prior to and during the event, so that no one is inconvenienced and that we can keep traffic flowing and moving smoothly. Commissioner Regalado: I have a question. Vice Chairman Gort: Yes. Go ahead. Commissioner Regalado: I don't know if this is tier -- I guess for the Manager. I le discussed this deal -- I don't know. We were told that this is a revised deal. Somebody from the Bayfmnl frust gave me this morning something; like this, and I was told now that this is a revised deal. Mr. Vilarello: The revisions from this morning essentially addressed exclusivity issues. At this point, exclusivity is now not part of the deal, and simply addressed the staging of the events of 45 days before the race event, and 30 days after, which is the normal set-up and takedown process that we experience with events like the Orange Bowl Classic. Commissioner Rcg alado: OK. So, this is more or less what the people of Mitumi are going; to be spending;, eight hundred and fifty thousand, that could go up to -- or should not go up more than nine hundred and fifty thousand dollars ($050,000) in street improvements. That is to accommodate the event. Mr. Gimenez: That's correct. That's a one-time cost. Commissioner Regalado: OK. Three hundred and twenty thousand dollars ($320,000) in Fire, Police and Solid Waste. That's every year costs'? Mr. Gimcnez: That's correct. 197 July 10, 2001 • 0 Commissioner Regalado: A hundred thousand dollars ($100,000) for storage? Mr. Gimcnez: That is the value that we place on storage. Like 1 said, we feel that we have properties where we can store it. It would not be an out-of-pocket expense... Commissioner Regalado: So, it's an in-kind ... Mr. Gimenez: Yes, it is, sir. Commissioner Regalado: It's an in-kind service. It's alt in-kind. So, we know the money that we're going to spend, but we don't know the stoney that we're going to get. One percent ot'gross revenue for year one and two; two percent of gross revenue for year three and four. How much is that in U.S. Dollars? Commissioner Sancho: You want U.S. dollars or pesos? Commissioner Regalado: Dollars. I mean, if we're going to multiply for pesos -- but I mean, in U.S. dollars. Mr. Gimenez: Depends on the revenues that they receive for ticket sales, from concessions, from advertising, and any and other all revenue sources that the race, gets. Commissioner Sanchez: That includes everything. Gross, everything. Mr. Gimenez: Correct. That's gross. It's not net. It's gross. Commissioner Sanchez: Gross, Commissioner Regalado: Do we have any idea? Mr. Bermello: I have .lay Scharer here. We discussed that this morning. Our projections would indicate that over the first 10 ycurs of the race, that would average to approximately two million dollars (52,000,000) to the City. Now, that could go up or down. Commissioner Sanchez: Docs that include the parking surcharge also, which is only extended to year 2006? Mr. 13ermello: No. This is simply from the revenues collected by the event, which is the sponsorships from the corporations; this is general ticket admissions, advertising, sales, el cetera. This is direct revenue generated. This is not direct revenue to the City by way of fees or parking surcharge. There would be an additional amount of money that the City would receive as a result of the event, but not directly from the actual activities of the race promoter. Commissioner Regalado: Is that -- Willy, how many... 198 July 10, 2001 ntR�ttt� • 0 Mr. Bermello: We estimate that over the first 10 years, the percentage that has been agreed to with the City would generate approximately two million dollars ($2,000,0011) in present value to the City. Commissioner Regalado: So, that will be 10 years, two million dollars ($2,000,000). That's what we will gel directly from the race'.' Mr. Gimenez: That -- again, it all depends on -- Mr. Bermello: The actual performance. Mr. Gimenez• -- all these other revenues, how many people shote up, et cetera. Mr. Bermcilo: It could end up being more. It could end up being less. Mr. Gimenez: It could end up being more. It could end up being less. Mr. Bermello: That's our estimate. Commissioner Regalado: OK. So, two million, 10 years. Every year we'll dedicate about a million dollars (S 1,000,000); is that correct'? Mr. Gimenez: No, sir. No, no. That first year cost is not -- 850, 950. After that, we have in-kind services and then we have a -- we store the barricades that they have. Again, that's an in-kind. We don't think that's an out-of-pocket. Commissioner Regalado: OK. So, every year we'll dedicate about three hundred thousand dollars ($300,000), plus fixing the road, which will not cap more than one percent? Mr. Gimenez: 'flat's, correct. Mr. Bermello: There will be a couple of other direct sources that maybe we should just bring out. One is a rental payment to the Bayfront Park Management Trust of fifty thousand dollars (S50,000) a year, and the other is a surcharge of one dollar on ticket sales, per ticket. That's going to the Trust. Commissioner Sanchez: That's going to the "frust. Mr. Bermello: Directly to the Trust, not to the City. Mr. Gimcnez:.But the Trust is part of the City. Commissioner Sanchez: Yeah. Commissioner Regalado: But is the Trust paying for some of this in-kind services or costs'? No. 199 July 10, 2001 Mr. Gimencz: No, sir. Commissioner Sanchez.: No, sir. Commissioner Regalado: It's just getting the money? Commissioner Rainton: No. The City is getting the gross revenue percent. Mr. Gimenez: That's correct. The City gets the gross revenue percent; the City will get any parking surcharge that's generated by the event; DOSP (Department of Off -Street Parking) will get any additional parking because of the event, although they say it may be a wash because of some lots being closed, but then Bayfront Park will get the fifty thousand, plus the dollar surcharge. Commissioner Regalado: So, if we don't get the parking surcharge extended ... Mr. Gimencz: Then that goes away in year 2(X)6. Commissioner Regalado: Then -- it goes away. Commissioner Sanchez.: No, no, no. But Bayfront Park, it's a dollar for ticket surcharge, not the parking surcharge. Commissioner Regalado: I understand that. I understand that. Well, we don't know how much are we going to get, so I guess I'll just have more questions. Vice Chairman Gort: 'That's it? Commissioner Regalado: Yep. Vice Chairman Gort: OK. Commissioner Sanchez: Listen to the others. Vice Chairman Gort: At this time we'll hear from those in opposition. Mr. Paul. Mr. Bermello: Mr. Chainnan, before the other folks come to the podium, could we reserve a right for some rebuttal in the event that something gets raised that we might need to clarify? Vice Chairman Gort: They'll be questions asked. Yes, sir. Mr. Bermello: Thank you very much. Dan Paul: Mr. Chairman, members of tho Commission. My name is Dan Paul, My address is 777 Brickell Avenue. 1 think there are three reasons why you should not, at this meeting, approve the race. I think the first is that the City can't afford to bank roll this race over a 25 -year 200 July 10, 2001 0 i period un the figures that have been given, paiticularly with the return. if 1 were the Manager. I would be embarrassed to tiring something to you in wilier you're going to get one or two percent of the gross revenues. You're going to hold out your tin cup and they're going to drop it few shekels in. That's about what it amounts to. Commissioner Tecle: What do you recommend we get back! Mr. Paul: You should get at least 10 percent of the gross. I don't third: there's any question of that. But this thing has all been rushed to such an extent. The public is really not had an adequate opportunity. I don't even have a copy of -- and I don't know that one exist -- of the so- called Use proposal, and whether it's subject to a sign (1NAI:DIBLF) what kinds of safeguards are in it. There needs to be time to digest that. But I think you ought to send it back to the Manager ait tell hint to negutiate a better return to the City, because I don't think you can afford to bank roll this kind of race with not a greater return to the City. Secondly, the reason you shouldn't approve it today is, there ought to be a properly advertised public hearing after the final negotiated lease proposal has been presented to the public, an the public has had the right to digest it, to comment on it, and to see what the possible pitfalls are. I think there have been public records violations over the last few weeks in attempting to get copies of'what was being negotiated. 1 have yet to sec anytliing, as i said, that would he a final copy. Secondly, the ducstion needs to be clarified. I think there's very good likelihood here that referendum is required becausc I think this document, which takes on -- and the number of days that are tied up for this race -- this is a lease. This is not a license, and I think that probably it referendum is going; to be required here, if you want to button this down. And the third and the last an the must important reason why you shouldn't approve this race is that, frankly, it's not appropriate for Bayfront Park. Bayfront Park is the lungs of downtown. It's the last grecs open space that we have left ir: downtown Miami. Rentcmher, the destruction of Bicentennial Park began when the racetrack, by Mr. Sanchez, was put in and it never recovered from that race, and you're talking about doing the same thing here. And remember this well these fancy cars that you see out front here all look great. These things have a way of deteriorating, as ,you know from your past experience. The fancy racecars eventually lead to it motorcycle race, and you know, when you get the circus, the clowns come with it. Don't forget that. And that's what's going to happen when you build this racecourse. 1 don't even know legally that you can deny other people the right to use it. The City tried to do that with the Orange Bowl and (lie Dolphins. I happened to be litigating for the Dolphins, and we had to file a lawsuit in order to force the City to recognize the principal that public facilities were available for lease to anybody who could meca the terms, and you may very well he faced with that when you stick a racetrack in Bayfront Park. Remember one other thing. That lovely pristine white bay walk that exists between the hotel and Bayside, what do you think it's going to look like with all those rubber tire marks on it'? And don't tell me you can get those off at the end of every race because you won't be able to. You will have destroyed the bay walk. If you want a road race, have it in the road. There are plenty of roads around Biscayne Boulevard, where they can go around the block if they want, but you don't need to invade the park and -- 1 understand that certain of those -- what's left of some of those hig trees would have to come clown in order to open up the course. Again, we don't have enough information, as the public, to really be able to continent intelligently on this question of the course. And the fact that the public is going to he shut out of the use of the public for these long periods to do, and 1 would strongly -- I won't take anymore time. But I would strongly urge 201 July 10, 2001 • 6 ,you to give consideration to what a park is lbr. It's not a road race venue. Road race means on the road, not in the park, and 1 strongly urge you not to approve this proposal, and you'd look like fools if you proposed this one with a one or two percent return, If it's as great as all these people have told you and how many people come, look how much money is going to be made on this race, and you're going to get one or two percent. Come on. Come on. You better renegotiate that. Thank you, gentlemen. Vice Chairman Gort: Thank ,you, sir. Next. Connnissioner Tce1c: Mr. Chainnan? George Lopez: Mr. Chairman., honorable members ofthis Commission -- yes, sir. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes. Excuse me a minute. Commissioner 'Teele: Before Mr. Lopez starts. Mr. Paul, may I just inquire seriously about several of' your concerns? Are you certain that trees are going to be removed to accommodate... Mr. Paul: No, I don't know the answer to that because, as I said, we don't have the final terms of... Commissioner Tcele: Mr. Bermello, would -- are there any trees that are -- would you just -- as you know, Mr. Paul has a distinguished record of raising legitimate issues. I find it very ironic, knowing Mr. Paul's birth place and the opposition that he has had in the past, that the more things change, the more they remain the same or eventually we all come around to one point of thinking; is that right, Mr. Paul? Mr. Paul: If you mean my opposition to the race in Volusia County, with prevailing the (INAUDIBLE) property taxes, that has not changed. Commissioner Teele: Mr. Paul, 1 did mean that, and -- 1 mean, the people in Miami don't know of your long and distinguished and colorful opposition to the races in Daytona because of certain tax implications, but it's -- I'm sure that old man Mr. Trance, -- the late Mr. France is looking down at you and saying... Mr. Paul: lie was your client, so you should know. Mr. Lopez: You should have let me speak. Commissioner- Tecle: Well, he was my client, and he was my best client that I ever had and one of the dearest friends that 1 over had, and that's why 1 know, very well, that he's looking down having a bib chuckle with you and me here because 1 never thought I'd see the day that you would be in a position, but 1 welcome you here, Mr. Paul. But seriously, as it relates to the trees and the tire marks, could you address that issue? 202 July 10, 2001 9 • Mr. Paul: Wait, wait. Somebody has just handed the on location J, remove trees and shrubs and repave entire area. So, there are trees to be removed. Mr. Bermello: That is not in here. You specifically alluded to Bayfront Park. Mr, Paul: Trees are trees. If you're talking about those trees along the Biscayne Boulevard... Mr. Bermello: The question t thought was originally, are we removing trees in Bayfront Park? The answer is no. Second... Commissioner Winton: Well. I think that really isn't the question, The real question is, are we removing trees along the racecourse way to make way for the racecourse? That's the real question. I mean, we're not into technicalities here. We're into... Mr. Bermello: Anywhere along the racecourse. %%,here we have to -- there's a tree or a shrub or it bush in the way, we will relocate and plant the same. And the question that 1 think that Commissioner Sanchez asked was, after we're finished with the race, will the park look the same as it was helhre the race? And the answer to that is yes. 1 think also, Mi. Paul described tate walkway as it pristine walkway. 1 don't think lie's walked that walk in a lung while. It's not pristine. It's in major disrepair. 7 -he Bayfront Park Management Trust acknowledges that. This project will bring that and improve it, and resurface it in a way that the cars will not leave the: marks, and when we're finished with the race, it will be pristine, but it's nut pristine tuday. Commissioner 'Fecle: If I may, Mr. Bcnnello -- and i appreciate you being here. But there are two issues that Mr. Paul raised at the end, that i think a large segincnt of this community is going to be concerned with, and I think you need to take this a little bit more seriously and with a little more perspective. If trees are being removed, then we need a mitigation plan, end i've not seen any mitigation plan in this. 'frees, shrubs, anNilling, But we clearly -- my term sheet doesn't talk about mitigation plan. Have you all discussed a mitigation plan with the Manager'! Mr. Berntello: We ha,,c a plan that has been prepared that addresses all of the necessary improvements, including resurfacing.. Commissiuner Tecle: Whcre is that plan'? No, no, no. I'm not talking about resurface -- I'm riot talking about surfacing now, Willy. Now, seriously. Let's get serious about this. I'm talking about the environmental implications of a mitigation plan, in the same context that tadpoles and trees and pollywogs and all that stuff, we need to have a real mitigation plan. Do we have a printed mitigation plan anywhere'? Mr. Bermello: We will submit -- we don't have a printed mitigation plan. We'll prepare one. Commissioner Teele: OK. Then we need a mitigation plan. Now, as it relates to the tire marks that Mr. Paul has alluded to and the ability of technology. Now, Mr. Paul, you need to be very careful. There are sonic very high-powered people that know a lot about cars. In fact, somebody pierced a building here. Does the technology or the state-of-the-art allow for the removal of tire. 203 July 10, 2001 • 0 tracks at the conclusion of each of these races, and is that a part of the plan so that we're not going to walk by there and see the...'' Mr. Bermello: And see tire marks. OK. Our commitment is to leave the walkway so that they don't have tire marks, so they don't have blemishes, so they don't took like if somebody just ran a street race over them. Most of the race -- two thirds of the race will be on City streets. One third of it actually will he on the water's edge in the: park. There are portions in the park where we have actually asphalt roadways, and those... Commissioner Teele: Well. the two things that Mr. Paul has said today, that I really would like us to go hack to the term sheet on, is this environmental mitigation and the rcinoval of all tire marks. You know, we haN e this problem %%-here everybody has pronliseit -- you know•, going back to the previous Issues, the race, that it would be restored and this, and so, there's not a lot of -- we're not dealing with a lot of good will here. I know that has nothing to do with you or this group. Bill we also have a community that has a sense of being heartbroken about certain aspects of this. So, 1 think Mr. Paul is raising; those in a serious vein, and we really should address then:. As it relates to the referendum being required, if 1 may, Mr. Attorney, have yon all looked at this issue:' And I'm sure, if we asked Mr. Lopez, he'll have a very, legal considered opinion, but we really don't need his opinion on this matter of the referendum. Have you all looked at it? Mr. Vilarello: Yes, Commissioner. And Mr. Paul and 1 will disagree on this issue, but we clearly feel that this is license and not a lease, and, Iheretbre, a referendum is not a requirement. Commissioner Teele. Now, Mr. Patti raised a question about this Meeting being properly advertised and advertised as a public hearing and, as you know, Mr. Attorney, I've sponsored legislations in the past that says that any interest in land or that would convey any rights to land must be advertised prior to the Coin inissioi's acting on it. At least that's my recollection. Is this meeting advertised as a public hearing'' Mr. Vilarello: This item is not separately advertised as a public hearing;. This is an item on the agenda at a public meeting of the City Commission. Commissioner Teele: Well, I -- Mr. Clerk, if you'll research the record. i have opined from my vantage point, as a Commissioner, that any time there is going to be a discussion or a purported action related to land, whether it be a license or the use of St. Francis Xavier using Williams Park, or anything, no matter how good it is, the public has a right to know and it should he publicly advertised as such, and i thought we passed a resolution to that effect. I'm almost certain... Mr. Vilarello: Commissioner, that item refers to the competitive negotiation process and the ability to waive it in circumstances as you described. Commissioner Tecic: No, no, no. Not my item. My Iteral does not refer to tile colllvdittvc -- wlien I first bee -idle elected, it was an issue where we were going to change the name of something. 1 think Commissioner Gott wanted to change the name of a school to something!, or a 20.3 .lily 10, 2001 ITUMM - park to something, and we passed a resolution right then and there saying that we would not do anything with real property of the city without a public notice on it, But whether we have it or not, l think Mr. Paul's point is well taken, and we need to address that issue. Mr. Paul: Particularly, this last 25 years. Commissioner Teele: What? Mr. Paul: This lease that you're being asked to approve today is a 25 -year lease. You're stuck with the ternis of it for 25 years. You better look at it carefully. Commissioner I ecle: Well, Mr. Paul raised another point. Mr, Clerk. Walter Foeman (City Clerk): Yes, Commissioner. We did advertise this as a public heating, this particular item. Commissioner Teele: This item was advertised as a public hearing. So, Mr. Paul, you're at the right place at the right time. Mr. Paul: No. Because there wasn't anything that we could digest before. They were negotiating... Commissioner Tcele: You had no documents? Mr. Paul: No, no documents. They were negotiating as late as this motlting, lie just told you that. Commissioner'fecle: All right. In the lease proposal itself, is this lease proposal available to the public or is there a lease proposal? Mr. Vilarello: A licensed proposal that covers... Commissioncr Teele: Well, why arc you using that word, Dan? You're... Mr. Paul: Because I think that's what it is. It's a lease. Anything that takes up... Commissioner Teele: Well, I want to strike any reference to my using the word lease. I meant license. I was tricked again by Dan Paul. Mr. Paul: You're just admitting what it was. That's all. If it takes up a 120 days of the year in the park... Commissioner Teele: Well, how many days a year docs the event take, Mr. '.Manager or Mr. Promoter'? Mr. Gimener: It takes three days, but there is a set-up time -- 205 July 10, 2001 Ud&R xj • Mr. Paul: Eighty days (INAUDIBLE) Mr. Gintenez: -- and what we had included here was that there would be no events 30 days prior to or 30 days atter each of the event. You can have up to two days -- two races per year. Commissioner Vele: But why would we restrict 30 days ager? Mr. Vilarcllo: We don't. That was the change that we announced and the change of the terms sheet. It allows for staging of the event 45 days before and 30 days after. That was the change that was made today. Mr. Paul: The public is shut out for that period. Commissioner Teele: No, that's not what he's saying, Dan. Commissioner Sanchez: No, no, no, no, no. C ommissioner Teele: And we need to correct the record because -- you know, Dun -- Mr. Paul is a very accomplished and seasoned lawyer and somebody's making a transcript, and so, 1 think Mr. Attorney and Mr. Manager, all of the misstatements that are heing -- that are on the record needs to be corrected. We are not limiting the public's use for the 45 days after, What we're granting them is the ability to come there and tear down. There is going to be... Mr. Paul: The public is not pennitted to sponsor an event during that time. Contntissionet- Teele: That's not true. is that con•ect? Jay Constant: Jay Constanz, Executive Director of Bayfront Park Management Trust. The deal, as -is structured at this point, gives the promoter 45 days in advance to set up for the ruce and 30 days after the race to take the race equipment out. The park itself, for the use of the interior of the park, the part that's used for other festivuls, the amphitheater, the rest of the park, the center Of the park, they have seven days to set up for their event in the park, and two days to get it out, leaving the balance for its to he able to use for other events. Commissioner Teele: So, then, if -- the arithmetic is right, it's seven days before... Commissioner Winton: 'three days (INAUDIBLE). Coin missioil er'feele: -- three days there. That's 10, plus two days. Mr. Constantz: That's correct. Commissioner 'fcele: So, the total amount is seven plus three plus two. Commissioner Winton: 'Twelve. 206 July 10, 2001 0 Commissioner Teele: What's that, Dan? Mr. Paul: What's the 45 days staging in the 30 days after it? Commissioner Tec1e: That's the time that they have to... Commissioner Sanchez: Allowed to set up. Commissioner Sanchez: And to tear down. Commissioner Winton: And tear down. Commissioner Teele: But the public has total access during that period of time, with the exception of those literally 10 days which goes to... Mr. Paul: No. I don't think that's correct. The -- all of those barricades... Commissioner Teele: Well, if it's not correct, we're going to make it be that way, based upon your input. Mr. Paul. All of those barricades are being hauled out. You're going to let the public into that area while you're trying to !tall out the barricades? Commissioner Teele: We do during the Orange Bowl, after the Orange Bowl. Commissioner Winton: Absolutely right. The whole Orange Bowl set up along there, Dan, then people come and go as they please. Mr. Paul: Yeah, 1 understand they come and go along the boulevard, but that... Commissioner Winton: Well, they come and bo in the park. Commissioner Teele: But i think it's important that what we're saying is that we don't intend to sec this use restricted for more than 10 days, with the potential of the other two days to tear down. i think it's reasonable to have a prohibition on any activity for seven to 10 days before; otherwise you could wind up with, you know, the ABC (American BroaD.C.asting Corporation) company saying that 1 want to do an event, you know, that directly conflicts with this. But I think the record is very clear that it's not 90 day, nor is it 60 days. It's more like 10 to 12 days. Mr. Paul: No. It's more like 40 that you just outlined. You said 10 days before and 10 days after. That's twenty. Commissioner Teele: No, no. Two days atter. Commissioner Winton: No. 207 July 10, 2001 0 • Vice Chairman Gort: No, no, no. Mr. Paul: Two days after. All right. That's 12 days. Commissioner Winton: And that's it. Mr. Paul: And they're entitled to have two races in the park. so that's what, 24 days, right'! Wcll, that only, again, emphasizes the importance of us having an opportunity to look at what the final proposal is hecausc i don't pretend that I know everything that's in this thing, which i don't. Commissioner Teele: Mr. Paul, it' this proposal has to come back to this Commission, this Commission will ensure that it is noticed to the public, and that you and anyone else from the public has the opportunity to review it. We're not going to sneak something through in the dark of night up here. Mr. Paul: Well, that's why I was suggesting you not approve it today. Mr. Gimenez: Commissioner? Commissioner Teele: The only thing that ]'in concerned about that Mr. Paul said, in all ltonesl.y, and I want to associate myself with, and that is this: Given the financial condition of the City, it was my hope, Commissioner Gori, that the DDA, working with the Bayfront Trust and given the Bayfront Trust's role as being literally a subsidiary of this City, I'm not sure that gets us anywhere. But the DDA is a separate entity from this City. I am hopeful, at the end of all of this, that the DDA, first -- and if not the DDA, then MSEA (Miami Sports & Exhibilion Authority) -- will accept whatever the terns that are being negotiated and that this matter will not be a City of Miami deal as it relates to who is entering into the contract and who is being responsible f'or the financial terms. And I'll just put it right out here on the record. This City is under an Oversight Board. Anything that we pass is going to have to go before them. Every financial deal that we have undertaken has had to not only scrutiny, but delays associated with it. 1 don't think it makes sense for the promoter or the City -- for the City Commission directly to entertain this, given our out -year implications, not -- I don't wort' about the 2.5 years. I'm talking about years 1, 2, 3, 4, and 5, and if we do have issues on years 4 and 5, as 1'nt suggesting we do, then we're basically just basically falling into Mr. Lopez -- I'm sorry. We're basically falling into the hands of those who may want to create an issue. And this thing could wind up becoming very, very clouded and very, very confused, and it could become political football unnecessarily. 1 think that we, as a Commission, should look to the Bayfront 'frust to lead this activity, to basically continue to work with the promoter, and we should look, not to the City of Miami, but to the DDA or ultcrnatively to -- Commissioner Sanchez: MSCA. Commissioner Teele: -- MSLA to assume the financial conditions. Well, see, this is illy concert, Willy, with MSBA. Number one: one of the issues that is being put out by Mr. Lop.:z and those persons that feel the way he feels is that this is going to have an adverse impact on 208 July 10, 2001 businesses downtown. That's a part of the discussion, and I'm sure Mr. Lopez will be happy to now defend the poor businesses of downtown that are going to be adversely affected. But the DDA is the organization that we have to maintain that liaison. If you look at this racecourse, it directly goes down there. 'rhe second thing that relates to this issue is that we have an obligation, as a Commission, to start making the DDA a revenue stream that can finance capital improvements for the benefit of bringing tourist and visitors downtown. If Mr. Paul is right, that we ought to be asking for 10 percent as opposed to one percent, or if there's any potential for this to generate dollars, those dollars need to get into the hands of the business owners downtown. I mean, Johnny, when we looked at the parking surcharge, when we look at all of these things that the downtown is generating, and then when we look at the mechanisms that we've created to allow for a flow back to them, we've not done a great job. So. I think, you know, that we ought to look at the DDA, MSFA, and anybody else that wants to come in before we do it as the City Commission, until we remove ourselves from the purview of the Oversight Board. And I'm not comfortable with that, Commissioner Rcgalado: Can I ... Vice Chairman Gort: Gentlemen, for the sake of time, I'd like to -- i1' it's -- y'all agree with me. Let's hear from all the opposition and then we'll close it, and let's ask the questions and discuss it among ourselves. Because if not, we're going to he here -- this is one item out of all those items that we have to listen to tonight. Commissioner Teele: And we have a 6 o'clock item, too. Vice Chairman Gort: And we have u 6 o'clock item that is a little behind. Commissioner Winton: And I'm leaving at eight. Vice Chairman Gort: Yes, sir. Commissioner Rcgalado: Mr. C'hairman'? Mr. Chairman, I think we have a bit of a problem because when the Manager and the Executive Director of the Trust negotiate this deal, they forgot about resolution that was approved by this Commission many months ago. We said — and you all voted for it. it was very late at night -- that only non non -for -profits are able to get fee waivers or in-kind services of the Fire and the Police Department. That resolution, I remember, has to do with the parades and all that. Now, it'we are going to ignore that, don't come October and tell us that we cannot waive the Three Kings or the Martin Luther King or the .lose Marti parades, you know. I'm all for parades. 1 will waive any parades because I think it's good for the City. But we cannot have a double standard. That was a resolution and it's either we look ways to pay the City. Maybe if the DDA will pay the City or we have to just say, forget about the resolution. We will revoke that and we will waive fees for all the parades in terns of hire and Police. Vice Chairman Gort: Gentlemen, you know -- go ahead. 209 July 10, 2001 �I�IILI.Ycl. Commissioner Winton: This is very different because -- and Dan makes a great point. This one percent of gross revenue doesn't add up to anything. But if you have real money coming from gross revenue, you're making an investment end. So, it isn't just a give-it way to the non-for- profit in tetras of waiving fees. You know, that's the investment that -- the in-kind investment that City government has to make to get a return on that investment, then we're going to got return back. And that's how this is very different. Commissioner Rcgalado: If we make money -- if we make money, resolution -- Commissioner Winton: I didn't say -- this doesn't say net income. Commissioner Regalado: -- will not... Commissioner Winton: This says gross. Commissioner Regalado: No, OK. But if we... Commissioner Winton: That's very different. Vice Chainnan Gort: Gentlemen. Commissioner Regalado: No. OK. But if we -- at the end of the day, i f we make money, there's no problem. Vice Chairman Gort: Gentlemen, this is a proposal that was discussed by the administration; that we arc the ones that make the final decision, and we will modify it any way we want to. One thing we want to make sure, if there's anything we're going to do here, is going to be at no cost to the City of Miami residents and it's going to be a profit for the City of Miami, and let's -- I understood that. And that's very important. At this time, if you don't mind, I'd like to hear from everyone in opposition and then we'll close the public hearing because we have still quite a few items to go through. You can look at the blackboard over there. You have the whole agenda to go through. Mr. Lopez. Mr. Lopez: Thank you, Mr. Chairman. Dan, are you... Mr. Paul: Go right ahead, George. Ti's all yours. Mr. Lopez: Thank you, sir. Mr. Chairman, honorable members of the Commission. My name is George Lopez. I'm a partner with the law firm of Steel, Hector and Davis, with offices at 200 South Biscayne Boulevard. I'm here today representing Homestead Miami Speedway. Before I introduce Curtis Gray, the President of the Homestead Miami Speedway, I wanted to make three quick points that we believe: are very important to preserve this record as you make your decision here today. The first is that, as there's been some discussion as to whether this was publicly advertised or not. Your agenda, on page 31, lists item 6A as discussion concerning negotiations of locating the American Le Mans Series Auto Race in the City of Miami. The rest of your agenda is replete with references to -- and I think your City Attorney will confirm -- those items - 210 July 10, 2001 which are, in fact, an approval ofeither a lease or a license or a contract and, as well, also lists of those instances in which this body will be waiving whatever legal requirements or otherwise bound upon this body before it takes that action. You are dealing with a no -bid exclusive use of waterfront property. The investment of tax dollars and equally an investment in in-kind services. The legal sufficiency of those matters are not before us today because, as a matter of fact -- and I think almost as a matter of given by all the testimony you've heard here today -- au one -- and i think even yourselves -- have seen that document. So it would he clearly unfair to ask the public to comment and certainly unfair for us, although references have been made about the arguments, we will make and be assured we will make them, of the legal sufficiency of this agreement and the way this body or the DDA, VISEA, the BBA. ABA or whatever other agency chooses to take action on the final agreement. Off -Street Parking, whichever one of those may be. it is important for us to preserve in this record, Mr. Chairman and Commissioners, that the legal sufficiency of this agreement, whatever proposed agreement may be, is subjuct to state law, specifically a statute of state law that speaks to street races. You're ... Vice Chairman Gori: Let me interrupt ,you for a minute because I'm not an attorney, but our experts hue. is this building up something'? OK. Commissioner Teele: Guy's typing away. Commissioner Winton: Somebody's paid for the transcript, so... Commissioner Sanchez: i le's building his record. He's building his record. Mr. Lupoz: The Chaimian remembers when you testify before a Congress, you can submit your written statement. Here we have to create a written statement. Su, if you will indulge the very briefly, and this was not -- the focus of our presentation would be to address these issues. I think you have very competent counsel and I think the issues we will raise will be directed direelly to his office for review and then ultimate determination by a court ofcompetent jurisdiction, ifneed be. State law on street races, your City Charter, the County and the City Code, as well as other regulations as stated already on the record, of resolutions and various other actions taken by this body in the past, but most importantly, and you're yet to hear about it, but you may hear it here tonight, is third party rights. ']'his racecourse does impact easements and access rights that, at minimum, Bayside has and maybe others do, too. Legal sufficiency of impacting on those rights and certainly the ultimate resolution of their rights or compensation for their rights or waiver of their lights is not before you here today. We certainly hope to see whether you will have that as part of this record. We will effectively make a request -- I think counsel Dan Paul indicated the absence of any evidence of a mitigation, environmental or otherwise, plan that would specifically address the changes that may impact Bayfront Park, plans for maintenance of traffic. We've seen a graph but we haven't seen any plan as part of this record before you make this decision today for a maintenance of traffic: of downtown Miami during the period of the race; more specifically to guarantee no disruption to the entrance -- to the Port of Mianti, Bayside, and other areas throughout downtown. Plans for preserving and restoring the green space and improvements of areas of Bayfront Park. There is no evidence that there are any plans that mitigation for potential loss to businesses in the downtown arca, plans to mitigate potential risk of accidents that may be caused by the arm to race -- to race fans; to the racers themselves, and damage to the area and 211 July 10, 2001 infrastructure, sono of your infrastructure, sonic of the County's infrastructure and, more importantly, plans to coordinate the event -- this leads to the presentation you'll hear in a hricf moment -- with other community events that exist, including the Volvo race, Mianii ]lent basketball ganic, Criccson Open, the Doral Open, Calle Ocho, and the Grand Prix that will he held at I loniestead Miami Speedway. Mr. Chairman, honorable members of this Commission, it is my pleasure to introduce to you Curtis Gray, the president of Homestead Speedway. Thank you. Curtis (Dray: Thank you, George, Commissioners. i appreciate Mr. llct•meilo's presentation. Commissioner Tecic: Curtis, give hint your name and address for the record. Formality, but we're happy to see you here. Mr. Gray: I'm sorry. It's Curtis Gray. president of Homestead Miami Speedway. We work at I Speedway Boulevard in 1-loniestcad. Again. I appreciate Mr. Bermello's presentation. They're a lot of fun to give, ft's a glitzy race. We like giving those presentations ourselves. The fact is with strut racing -- and this is a fact -- it's very, very difficult to make them work. As a matter of (act, most of them don't work. Twenty-seven out of 29 of the most recent street races have tailed. And let nie just read something from -- I'm going to quote Ralph Sanchez, who is one of the most respected promoters of street racing in the country. But let me tell you, this is just hack when lie was promoting the street race; what was going on through his mind when he was trying to promote this race. "if 1 stay in a temporary facility, unless we find revenues from other sources or find a way of reducing costs, in three or four years I might not be able to bring the Grand Prix to Miami." Later on lie said, just a few days later, "If the costs are going to escalate, where if two years we don't have enough money to run the race, giving us another 15 years doesn't make sense." And, lastly, we had a unique setting downtown by being next to the cruise ships, the hotels, but we need to find it permanent track to have the kind of racing ill South Florida's future, In other words, lie Wasn't making it work. It's very difficult to make it work. He. lobbied "Cry hard (o find :t permanent site for it permanent facility: That's the Homestead Miami Speedway. He got a lot of funding from the County and from the City of Homestead. This was public funding. Aiid I guess where I'm going with this is, it just doesn't make it whole lot of sense. YOU've asked for public funding before, and to underwrite the street race -- we've built that facility down there. It hosts world-class racing; it does a lot of good fir the City of Miami. Twenty-four percent of our fans stay in Miami. A lot of farts that don't stay in Miami come up here to use the restaurants and go out at night and take advantage of Miami. That's our market; Miami is oto• market. We look at that. I hope y'all don't feel like there's it disconnect between Homestead and Miami because in our opinion there's not. We promote to all of South Florida. The facility is the largest economic inipact facility of any sporting venue in South r1orida. I want to make that very clear. We look at Mianii as it big market, obviously. That's why NASCAR wants to be here. That's why other series want to be here. We call our race the Grand Prix of Miami. Next year it would be (lie 201h anniversary of the Grand Prix. That promotes Miami over ABC nationally and internationally, and you'll hear more about that in it minute. We're very proud to be associated with Mianii. We want y'all to know that. We want to do more in Mianii. Right now I'd like to bring up Robin liraig from International Speedway Cot-horation, wlio puts on an event that we Would like to offer up as an alternative in a street race. This event will not be harmful to the park; the park Will slay open all the time. It Will 212 July 10, 2001 IIIIIPl.TCF create huge crowds. We call it Race Fest. i't's bringing in racecars, the drivers that compete in the Grand Prix of Miami. We think it's a very viable alternative. We'd be very excited to put the event on, and it would be at no cost to the City. I repeat: No cost to the City. Robin, I'nm going to turn it over to you. Robin Braig: Thank you, Curtis. My name is Robin Braig. I'm with the International Speedway Corporation. What i bring to you today, gentlemen -- and some of you had a chance to see it -- it's an alternative to a Le Mans Downtown Race. We ogler you Race Pest. Your bayfront Park is absolutely beautiful. 1t is built exactly for this type of event. We intend to tic it into your -- to the Homestead Miami Speedway We, too, can provide local, national, international promotion for this destination city. We'll include area businesses; it will he an entertainment facility, it will he promoting, the Grand Prix of Miami, and it will add value for visiting; race fans in downtown. Just as they said, nothing draws a crowd like a racecar driver. As you'll see -- and this presentation has been handed out to you -- we offer free autograph sessions to the public; we offer meet and greet opportunities; we also offer an opportunity to feel the racing experience. drive racing Simulators, be a part of pit slops, feel the action of'racing in your park. You'vc hosted other events down there, other thenmed events. This one will be tied directly into racing. We'll still deliver that audience, that racing and the promotion thcreof. You'll showcase your beautiful downtown Bayfront Park. It will be festive atmosphere; it will be outdoor fun by the bay, racing style; it supports local merchants; it will have solid economic impact, and most of all, we will not be removing any trees, dislocating trees, paving anything, and that is important to your Bayfront Park I'm sure. Lvery festival has live, national acts. We intend to bring them as well. You have two perfect stages down there. We will put music on both of those stages. Again, funded by its. We'll have a kid zone. We'll have interactive games; w'e'll have rock climbing. It will be themed to all the -- all ages. And lastly, we invite you to look at the food and beverage sells as an opportunity for revenue. For merchandise sales, sponsorship sales, all of these things -- profits to cover the events. We'll work with the downtown merchants. 'I hcy'lf be the ones that will be bringing their set -vices over. We won't he bringing people in from the outside. We'll work with the downtown merchants. I would like you to note that I've also supplied you with letters from the mayors of cities that have hosted these events, front Watkins Glen, New York, from Phoenix, Arizona. Charlotte Motorspeedway has 375,000 people at their event. I noticed their attendance figures -- they said, 70,000 people over three days. Let's divide that up. Is that 20,000 a dayY Ladies and gentlemen, that is not a big race event. This particular event could probably draw between 20 anti 50,000, with the appropriate promotion. and we promise we will support it. We'll even get into with you and talk about profit sharing, but it will not cost the City a penny. Commissioner Sunchez: Mr. Chairman" Vice Chairman Gort: Go ahead. Mr. Kraig: One last point, please. 11' you'll notice in the third letter in there, Arizona Center, downtown Phoenix, a similar park just as you have here, it was their single largest retail sales for those downtown businesses in a festival like this. Thank you. Vice Chairman Gort: Thank you. Commissioner Sanchez. 213 July 10, 2001 Commissioner Sanchez: Yes. How conic Homestead has never proposed this to the City before. and you've hosted the race there for many years? Mr. Gray: Commissioner, this is something; that we've been looking at doing, and we've been looking at silcs. The folks that rut on the Charlotte Race Fest have been down here before. We had to narrow it down to either South Beach area, Bayfroni or somewhere in the Grove. Commissioner Sanchez: Mr. Gray, would you commit yourself to, no matter what happens, host one of these at Bayfront Park" Mr. Gray: 'No matter what happens as far as what? Commissioner Sanchez: With the race here, whether it's voted up or down, would you commit yourself to hosting; one of these for the City of Miami? Mr. Gray: Well, this is the concern, and we want to work -- believe mc, we wall( to work very closely with the Commission. We want to work very closely with the City. The reason I can't commit to that is because -- what this proposed race would do is create confusion in this market place. I believe they're going to call the race the Le Mans Grand Prix, We'll be promoting tite Grand Prix of Miami at the same time. They're only a month apart. This is going; to create a huge amount of confusion in this markeiplacc. You're going; to have billboards, Grand Prix, Grand Prix, on the radio, on the "1'V. I hope you can appreciate that. Commissioner Sanchez: 1 appreciate that. When does NASCAR come down? Mr. Gray: In November. Commissioner Sanchez: In November. How come you don't do one in November at Bayfront Park? Mr. Gray: Well, that's one thing we could look at. I mean, that's something; we could look at. But specifically to the March/April dates, what we would he forced to do is spend entirely all of our budget and then sonic to just try and make clear of our race versus the Le Mans Grand Prix in downtown. It's going to take a huge amount of funding to just educate the public on what's going oat with this thing; and get through that confusion. We wouldn't be able to fiord a race fest under those conditions. Commissioner Regalado: Just a comment. You know -- Joe, I think that they're doing; this because they want to give us something if we reject the races or whatever. I think that the issue is not Homestead. I mean, you know, %ve feel very sorry for the situation that Homestead is in now. I remember Kate Hill on national TV saying where is the cavalry from Homestead and what the problems that you have after Andrew? But the issue here is the deal Ibr the City of Miami. That's what we have to discuss. It's about money. It's about the taxpayers. It's a City that has raised taxes and tees that needs to come clean to the paoplc of Miami and say, we are snaking this amount of money. You'll be making this as residents of Miami. You know, we're 214 July 14, 2001 sorry about Homestead, but we have to care about the deal in the City of Miami. And -- whether do you wunt to do it or not in Bayfront Park -- I mean, that's -- it's very nice. It's a very nice park. but I don't think it's relevant to the decision that we have to make here, which is a good deal for the City of Miami. And, for me, that's the only thing that T need to know to vote, and I will welcome festival wherever. Commissioner Sanchez: Mr. Chairman, I would respcoffilly request that when we've listened to hoth sides ... Vice Chairman Gort: Let's finish -- we haven't finished yet. Commissioner Sanchez: When we've listened to both sides. I would like to reserve three to five minutes. Vice Chainnan Gort: Well, that's no problem. After we close the public hearings, each one of us will have as long as we want. That's why you're an elected official. Mr. Braig: Can 1 add one more thing? Vice Chairman Gort: Yes, sir. Mr. Braig: We were somewhat blind sighted by the whole American Lc Mans proposal. We were obviously unaware of it. They did not come to talk to the track about an event. 17herefore, we had to put this together very quickly. We would encourage the Convnission to hold off on a decision tonight; to look at our proposal; to discuss things with us, and the advantages to having a race fest in downtown Miami, which we think is a very viable alternative. Vice Chairman Gort: Let me tell you a little something. I don't know who is responsible for i1, but the radio stations here has been hitting this Commission and this City with all kinds of advertising, that we're going to spend three million dollars ($3,000,000) into this -- doing this; that we're going to do all harm to the City, and 1 don't know who put that together. There were all kinds of pamphlets dropped today in downtown Miami, through the business section, knocking this thing down Without true facts reflected in that information. So, I don't know who's responsible for that, but that didn't help you at all. Let me tell you that. Mr. Gray: Well, I appreciate your comments 1 think that what we need to do or we need to do is educate the public as much as possible on the street racing ... Vice Chainnan Gort: Well, I'm a great believer in educating the public, but with tite facts, with the right facts and the right information, not with misleading information that's been given out in this City for the last three weeks. Commissioner Winton: No. It's the classic just kind of dig -in -the -mud kind of junk, and you and I talked about this in my office. i don't know who you've hired that's doing this, but I told you to your face, 1 mean, it really ticked the off, and 1 think there's no place for that in this kind of debate and it ain't helping. You know, it's not going to help. 215 July 10, 2001 17i M1 1II Mr. Gray: Yes, sir. 1 appreciate that. I can't control public opinion and how they call into the radio and those kinds of things. Vice Chairman Gort: Somebody had to pay for that, and I'm sure the people did not pay for it. Mr. Gray: OK. I thought you were talking about the call -ins to the radio stations. i don't ... Vice Chairman Gort: No. I'm talking about (INAUDIBLE) on the radio stations and pamphlets put out and so on and so on. Mr. Gray: We did buy an ad -- yes, sir. We did buy an ad in 'the Miami Herald, and if anything was not factual in there, 1'd be glad to address it at any time. John Graham: I'm John Graham. Since 1994 I've been Vice President of International Speedway Corporation, address 1801 West International Speedway Boulevard, Daytona Beach, Florida. Prior to 1994 I was a 24 -year career banker. i will readily acknowledge that 1 am here to represent the interest of International Speedway Corporation. Having said that, your interest is the City of Miami and whether this is a good deal for tie citizens of the City of Miami. As I have heard the proposal tonight -- and I have read this draft document that we got as a result of a public records request, which I readily acknowledge is not the final document. It was a drall document, and I understand that. But going on the financial points of the deal. This is not a good deal for Miami or its citizens, and i will hack that up with facts. Commissioner Regalado: Excuse me. Where do you get that? Mr. Graham: I3eg your pardon? We made a public records request and this came out of the public records request. Commissioner Regaludo: is that from the City? Mr. Graham: It is a draft agreement between the City and Race Works. Commissioner Regalado: We don't have that. Mr. Lopez: If I can clarify, Mr. Chairman. We have made multiple public records requests and in the last days of last week, we did receive a document, which we'll describe -- and at copy, of course, will be part of this record -- which is at red lined version of the amended and restated Grand Prix agreement, which was in effect back with the Ralph Sanchez races. A lot of the terms that are included in this agreement do not reflect the terms that were made public this morning with regards to the sheet that you have. But this is the only document we had to work - off of. We do have copies of our multiple public records requests for your convenience, but that's all we have to work off. (.7ommissioner Tcele: George, what does the name of that document? What is it styled as? 216 July 10, 2001 • 1] Mr. Lopcz: The document is styled "amended and restated Crand Prix agreement", lined - through agreement. And it begins with this amended and restated ugrcentent, which dates back to 1985, Mr. Teele. Vice Chairman Gort: A 1985 document, is that what you'rc talking about? Mr. Lopez: No. No, sir. It's a 1985 -- we can give you copies, if you'd like. Commissioner Teele: Does it make reference to the Year 2001? Mr. Lopes.: Yes, sir. It's a red lined version. In fact, I'll read you the caption on the bottom is "sec drive documents and settings. (INAUDIBLE) local settings, temporary Internet files, OLK 63 Grund Prix number 3 dot red line document." In fact, it is a red line -- for all those of, us that arc lawyers, that's the document that takes an original document, crosses out the provisions that arc not applicable, and underscores the new provisions. And what 1 believe Mr. Graham will provide you with is our analysis of that document, and the inconsistencies between what was provided to the public and what you're looking to consider and discuss today. Commissioner Tecle: Well, let me ask you this, Mr, Attorney. Was the Grand Prix document, \-1r. Sancho; was that a lease or a license'? Mr. Vilarello: I don't recall what that was, Commissioner, but what they're retcrring to is a document that was provided in response to a public records request and has no relationship to the terns sheet that was provided to you by the Manager today. It's a drab document, and that's why it's not been presented to you, I assume, Mr. Manager. Commissioner Teele: I think: everybody needs to take a deep breath hethre we start getting into denials and statements that may wind up harming us. Now, the document makes reference to 2001, Mr. -- John, are you available as special counsel here? Can you kind of help -- work with us? Mr. Graham: I would he delighted to. Commissioner Tecle: Yeah. Maybe you've got the only document around -- none of us have one, so,.. Mr. Graham: If 1 can state, in laymen's language, what 1 understand this document to be: we made a public request for all documents that had been generated connected to the proposed street race. We received this document. It is my belief that this document, which is the old Grand Prix agreement from the former street races, was used to negotiate -- enter into negotiations with the developer of the proposed street race. Commissioner Tecic: Did that come from the law office or the management office? Mr. Graham! I'll have to ask someone that. 217 July 10, 2001 Mr. Lopez: It came from the City, Commissioner. It was a document may have been red lined -- looks like it was red lined by the interested parties, not the County -- or rather the City, because - - otherwise your City Attorney would have it. And it doesn't reference ... Commissioner Teele: Is that an authentic doctunettt, Mr. Manager? Was that document released Mr. Gimenez: That document, 1 believe, came from the Law Department. This has been -- at your direction, there were negotiations between the Race Way and Baytront Park, which the City was to he a part of, at a starting point, which was the old agreement, and that's how negotiations started. This red line -- and it's got -- it's not the document that will be put forward to you. If' you ever -- if you decide to go through an agreement. What's before you today is just what -- there is a proposed agreement. It has been my intention 1br you to have this discussion; to read over this proposed agreement; give us the direction to the administration of where it is that you want to go, and we go hack and negotiate the agreement and then bring that forward to the Commission for your approval (iNIALTDiBLE) and, at that time, you will have the document well in advance to make tither, you know, comments for, comments against, you know, on the record. Mr. Vilarello: Commissioner, the original 1985 lease agreement was a license. Commissioner Regalado: But excuse me. Mr. City Attorney? Mr. Vilarello: A license. Commissioner Regalado: Mr. City Attontey. Vice Chairman Gort: Commissioner Regalado Commissiono.r Regalado: The people representing the race requested -- at least that's what they told me -- that today they wanted a decision from the Commission because they only had a certain month window, and that it was their understanding that we were going to make a decision today. Now, if what you want, Mr. Manager is for the City Commission to tell you this, we don't like and you bo and do something else, I'm ready to vote for, 1'tn going to vote no on these teens so everybody knows, because I really sympathize with Homestead, but this is not about I lomestead. ft's about the City of Miauti. Mr. Ginrcncz: Commissioner, if I may. What the race folks wanted and, you know, what I wanted were two different things. Yes, they didn't want to come in here with a final document, and we weren't ready to do that and that's why we came in this fashion, so that you know where it was headed. If you're comfortable with that by -- if you're not comfortable with that, give ntc a direction and then we will, you know, fix it and then go back to renegotiating. Commissioner Sanchez: John, go ahead. Mr. Graham: One; more word on this document, and I'll move off of it for a second. The attachments that carne with it are the cost estimates of the Le Mans racetrack for 2001, and a 218 July 10, 2001 111116IMS diagram of the proposed course layout for this race. So, that was also attached to the document. Now, let tele move off the document. I made the statement that I believe this to be a bad financial arrangement for the City of Miami. Let me back that up with some facts. In you will check the records of the City of Miami for when this street race was held from 1983 to 1995, you will find that gross revenues, which is what you're going to get a percentage of on this race, you will find that the gross revenues annually averaged less than lour million dollars (S4,000,000) per year. Four- million dollars (S4,000,000) was an exceptionally good year. In fact, if you'll check the records, I belieke you'll find that level of gross revenue was hit in three of those 13 years. So, let's use that as a best case scenario. hour million dollars (54,000,000) a year in gross revenues, based on the historical record that you can check ou(. Ifyou got three percent of that, which is the top of your formula, that would he a hundred and twenty thousand dollars 1 S 120,(100) a year. 1f you add to that one hundred and twenty thousand dollar ($120,000) a year the filly thousand dollars (S50,000) in rent that the Bayfront 'I rust will receive, you're now up to a hundred and seventy thousand dollars (1170,000) a year, and if you add to that an assumed thirty thousand ticket sales, which, again, would be a very good day -- that's a best case scenario -- if' you add that to the hundred and seventy thousand, you stand to get two hundred thousand dollars ($200,000) a year out of this. You are providing in-kind services that are estimated to be three hundred and twenty thousand dollars (S?20,000) a year. You're in the red annually to the extent of hundred twenty thousand dollars (S 1210,000). By the way, that two hundred thousand dollars (S200,000) atutual figure squares with the representation you heard from the race developers earlier of two million dollars 1$2,000.000) over 10 years. That's two hundred thousand dollars (5200,000) a year, based on the formula you're looking at, which, again, puts you in the red to the extent of a hundred and twenty thousand dollars ($120,000) a year. Now, in providing those in-kind services, which are estimated to be three hundred and twenty thousand dollars ($320,000) a year, I would suggest that the citizens of Miami would be well -served and would he in line with the market if ,you charged the racing finks for that in Homestead -- between the City of Homestead and Dade County, we pay over live hundred thousand dollars ($51)0,000) a year for hire, Emergency and Police services. If you check most speedways and most races around the Uniled States, you will find that the speedway and those putting on the race pay Ibr those charges that you're proposing to give away. But if you give them away, you're in the red to the extent of a hundred and twenty thousand every year, so you're not getting any annual retum at all. In fact, you're in the red which means that (lie eight hundred and fifty thousand dollars ($850,0001) that _you proposed to expend upfront is gone. You've spent eight hundred Fifty thousand dollars (S850,000) under the present arrangement, the prospect of losing a hundred twenty thousand dollars (5120,000) a year. That's three twenty in in-kind services, minus the two hundred on the best day income at the three percent. There aro, at least in this draft document, \11101 1 will again acknowledge is a drab, there are sonde hidden costs to the City. The language in this document says that the City, not (lie developer, but the City will, at the City's cost, obtain all permits required not only to put on the event, but to put on a number of attendant events, such as fire works displays, musicals and other concerts, et cetera, et cetera, et cetera. 'rhe City, at the (.'ity's costs, according to this document, will require all g,ovennnental permits, not just City permits, but all governmental permits, county, state, or federal, if any are required -- sir, I'll respectfully submit that's what's in this draft document. And it's in paragraph 219 July 10, 2001 0 • Vice Chairman Gort: Question. That draft document you're talking about, is that related to the 1985 or the 201... Mr. Graham: it is the draft document Vice C:haiiman Gort: What you're mentioning right now is for... Mr. Graham: It is the draft document that is used -- was used as the basis fbr negotiating the 2001 agreement. Vice Chairman Gort: Right. 1 understand. But that's one of the worst deals the City of Miami did. Mr. Graham: And ... Vice Chairman Gort: We appreciate you bringing all that tip because in negotiating, you're helping us to make sure it's done correctly. Mr. Graham: And that was in paragraph S. In paragraph 35, it further, not only requires the City, at its expense, to obtain all these permits, but to hold harmless and indemnify the race promoter against any such charges that might arise, which appears to subject you to over 25 -year period indemnifying them against those governmental charges, which could extend beyond the City. Could go to the county, state and federal as well, not in a final document. We haven't sects a final document, but that's in paragraph 35 of this proposed drall. The proposed draft allows the developers, as was stated on the tont sheet today, to assign this contract with limited rights on the part of the City to not approve such a transfer, and it's curious at best that those whu want the City to enter it 25 year agreement with them want to have in the document that they can transfer it or give it to someone else with limited rights of approval, granted you get some compensation, but the language over the transfer gives the City very limited rights of approval over such a transfer. The document also speaks to or actually your term sheet speaks to Race Works LLC relocating the race. Again, you're being asked to commit to 25 years. They're making sure that they can get out of it, through a sale or relocation, on terns that we don't quite understand yet because they're only on this one_ Commissioner Winton: Mr. Chairman, can I interrupt for a moment! Vice Chairman Gort: Yes, sir. Commissioner Winton: 1 am stniggling here to understand the validity of all these points. He's speaking from a 1985 document that apparently served. . Mr. Graham: No, sir. Commissioner Winton: Excuse me. Fin talking. He's apparently served as the basis to begin some negotiations. None of the points that he's talking about we've seen 220 speaking front a 1985 document that It is not a document that's before its. anything about, nor have there been July 10, 2001 prepared by us. And, so, I'm struggling to understand why we're taking -- we're at point one on the agenda. We have all of our personal items. We have 26 -- we've got the consent agenda and something like aft other agenda items. So, Mr. Chairman, or Mr. City Attorney, are we compelled to hear in this public hearing these comments about a 1985 draft that somebody dug up in a public hearing? Mr. Vilarcllo: I'm not quite sure what the relevance of this discussion is. The document that he's referring to is not one prepared by the Manager staff or my staff, so, certainly, if you ... Vice Chairman Gorl: Commissioner Winton, 1 can't understand the part (INAUDIBLE). E). Mr. Vilarcllo: You can limit the extent of the discussion. Vice Chairman Gort: 1 understand we're. allowed to extend it, but 1 think this is very helpful to us because there are a lot of points that we can take in here to snake sure that the mistakes that were made in the past are not made in the future. Commissioner Winton: Well, just one last point then. I have to leave by a quarter of nine and 1 will leave, whether we have the agenda done or not. Vice Chairman Gort: 1 understand. You told me that at the beginning of the meeting. Commissioner Winton: So, if we're: going to allow him to use up all the time on some irrelevant document, then I'en going to move to transfer a goodly number of our agenda items to another Commission meeting time where we're going to have to all eat up a lot of time again. Vice Chairman Cort: We'll probably have to. Yes, sir. Go ahead, sir. Mr. Graham: Respectfully, Commissioner Winton -- and I apologize for interrupting you a minute ago. The majority of the points I'm bringing up are not off that document. They're off the sheet you have in front of you, including the sale and transfer. Vice Chairman Gorr. Right. It says if they sell it, (lien they'll have a transfer, then -- that will have to be approved by us and we'll get a percentage of the gain. Yes. That's my understanding of that document; is that correct'.' Mr. Graham: Yes. I wanted to raise the point that you're being; asked to commit to 25 years while they ,.want to cover themselves to get out if they want to. Vice Chairman (fort: No. We're trying to cover ourselves. My understanding is, so it won't happen the same thing; that happened with the Grand Prix. Unfortunately, they moved out and the City was left in the hole. So, we want to make sure that that mistake is not repeated again. Mr. Graham: And the final point I'd want to make -- and i'll vacate: the podium -- is that I would respectfully urge you, in view of the points that have been raised, to not make a decision tonight, but to do a thorough financial analysis Ecom a completed document to sec that it's indeed in the 221 July 10, 2001 —111111mt. • best interest of the citizens of Miami to do this, and as we read -- and I don't mean to be presumptuous or disrespectful here, so 1 hope it doesn't conic across that way, but as we read and perceive this, especially the part that says fifty thousand in rent -- and that's off your term sheet. That's rent to the Bayfront Trust for use of the park. As we read the City Charter, that, to us, clearly calls for a referendum, and that's another reason I would urge you not to make a decision until all of these things have been examined. Thank you very much. Vice Chairman Cort: Thank you. Mr. Gimencz: Mr. Chairman that concludes I-Iomcstcad Speedway's presentation. We thank you for your consideration. 'There may be other members of the public who want to speak on our side of the issue, but that's (INAUDIBLE) Vice Chairman Gort: I'm sure there will be. Anyone else in the public like to address this issue? Anyone else:? Thomas Weller: Commissioners, Chairman, I'm Thomas Weller. I'm an attorney in Homestead. Offices at (lie GS Northwest 16'h Street. I'm not being paid to lie here. I'm actually in charge of the Chamber of C'ontmercc, but 1 take Homestead to heart. I hope their day comes when August 24th doesn't exist. But 1'nt not here to ask for handouts -- you're right. This is a decision. It's it monetary decision. Ralph Sanchez, an incredibly successful race promoter, dreided after 12 years in the City of Miami, I'm out of here. We got him. At least 1'or it while. Now we've got other people in charge. You define insanity by doing the same thing and expecting different results. I've heard the financials tonight. 'They very aptly told you by the predecessor (INAUDIBLE). It doesn't make sense, but of course it's your decision. it's totally financial. 'rhank you. Vice Chairman Gort: 'Thank you. Raul Tercilla: Good evening: My name is Raul Tercilla. I'm Vice President/General Manager of Bayside Marketplace. I am not here to oppose the race. I'm here as your tenant, the City of Miami tenant. We have a lease with you. Whai we would like to state for the record is that we expect the City of N4iami to incorporate Bayside's interest in its written agreement with the race, protecting the easement rights and property rights that we have as part of this track. We huve -- we would like to aclutowledge Mr. Yanowitch and Mr. Berrttello, who huve been very involved with us in discussions. We're at very curly stages of those discussions. We think that this has sonic potential. We'd like to support it. But we definitely would like your support in making sure that any agreement that pertains to this track, as it involves Bayside casement and property rights, are incorporated in the written agreement that defines responsibility, and any elements that has to do with obligations of all parties. Thank you. Vice Chairman Gort: Thank you, Mr. Tercilla. Anyone else'? Anyone else? Sir, you have a few minutes for rebuttal and that's it. I'll close the public hearing. Mr. Bermello: Thank you, Mr. Chainnan, First, I want to thunk Raul for being here. I believe you all received a letter indicating their support and a series of conditions that he would like to 222 .duly 10, 2001 have as part of a tri -party agreement that we will agree and work out with Bayside. I think Mr. Lopez mentioned issues of third party rights, and he's totally correct. We're very sensitive to that and that's why we're working; with Bayside. That's why we're working with Intercontinental Hotel, another neighbor, to make sure that they're not, in any way, inconvenienced. Dan Patil, Commissioner Tecle, mentioned the issue of relocation of trees. During the last hour or so, I was able to verify with my staff the only trees were shrubs that are being relocated and (rNAUDIi3LF..) part of the mitigation plans are not within Bayfront Park. They are within the public right-of-way along Biscayne Boulevard, but we take that issue very seriously and it will he part of the mitigation plan that we will attach to an agreement that, hopefully, we'll be able to conclude within the next mond► with the City or one of the City's agencies. Commissioner Regalado. 1 think that you will have more than one bite at the apple. 1 appreciate your concerns in terms of the amount of moneys that N% ill be coming to the City, as a result of this venture. Let me put this in a little bit of a perspective because we've heard a lot front the International Motorspeedway about what they're doing and how they compare with its, and I think it's important -- and I'm glad that they're here because it's good to measure relative issues. They don't pay percentage rent. In other words, they don't pay percentage or gross. They pay a rent to (lie County. They received somewhere between twenty to thirty trillion dollars (S30,000,000), OK, in one clean sweep. If you take the amount of money that they pay on an annual basis to the City of Homestead, somewhere between five hundred to six hundred thousand dollars ($600,000), and you compare that we will be paying; fifty thousand dollars (550,000) for 12 days out of the year, and you multiply our amount by thirty times to bring it into equal basis, we'll be at a million five hundred thousand dollars (51,500,000) in rent just to put it on an even basis. But in addition to that, where they go -- and they're a hillon-dollar ($1,000,000,000) public; company. Their payback is not on a percentage of gross. Wc'rc agreeing to, in our license agreement, something different than what Ralph Sanchez had. Ralph Sanchez had made a deal with the Pity based on net operating income. On net --we are agreeing on paying on a gross, which it has nothing; to do with parking tees, it has nothing to do with the parking, surcharge. And I think that is very important because I think, us numbers are being thrown back and forth, you get a little bit into voodoo mathematics, and it's important to clarify that issue for you. We want to thank you for hearing its. We want to thank you for working with its. We're committed to working with City stall', it instructed today, to move forward on the term sheet that's been provided to you, which is the only agreement -- negotiated agreement that we have in terms of a business deal that would always come back, and at that point, issues of mitigation, issues of further clarification of the actual projected moneys coming hack to the City -- we're not asking for the City and the City tax payers of the City of Miami to root the bill for any aspects of these improvements in this venture. With that, I want to thank you for your patience in allowing; us an opportunity today to present our case before you. 'Thank you very notch. Vice Chairman Gort: Thank you. Now, I'll close the public hearings. Commissioners. Coni nissione.r Sanchez: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Sanchez: Mr. Chairman, i don't think this issue is about the City of Miami or Homestead or a good deal or a bad deal. it's about ISC (hiternational Speedway Corporation) 223 July 10, 2001 lie] ons� versus Race Works LLC on competition. That's all it boils down to, to the dollars. When Ralph Sanchez took the race away from the City of Miami, he went to Ilomestead because it was simple. Ile could have full control of the dollars. it's in a close and circuit race, where he has a percentage of a hot dog, it percentage of a shirt, it percentage of sponsors. That's all that it boils down to. I look at this as the City of Miami being in a position where it has obtained -- could obtain international exposure. We look at it, from this point -- we, right now -- when races are held in Homestead, the City of Miami gets minimal. Whatever the argunlent can make -- every argument that you hold -- that you've heard un the other side is negative to what's going on here because it's all based on competition. Homestead wants to keep the races over there. They don't want Miami to have a race. 1 admire them. It's all about business. I respect that. it's all about dollars. And if 1 was in their profession. I'd be doing; the sante thing. Spending every dollar I could to make sure that there's no race in the City of Miami. If fiialeah Speedway was doing well, I'm sure they would probably go out there and try to close their derby and take away their school bus races and take it down to Homestead. It's all about money. Now, I ant it City of Miami Commissioner, and every City Commissioner here has to look out for the best interest of this City. If it's it good deal or a bad deal, we'll decide that. But they ha\,e no right to conte here and say it's a bad deal. Vow, will they be willing to give its a better deal? Conte on down to downtown and you guys could race in downtown because, at the end of the day, when you go down to I lontestead and you park in their parking spot to pay, the money goes to Homestead. When you buy a hot dug, the ]tut dug goes to Homestead. When you buy a shirt, it goes to the racetrack, not I lontestead. They pay Homestead City later. vow, here's the thing I'd like to look at, whether it's good for the City. 'There's going to be argument on both sides, and I think what we should do is direct the City Manuger to go back and negotiate a better deal, if that's what it takes, but the bottom line here is that the City of Mianri will have a chance to showcase a great race in thy, City of Mianti, international get exposure, generate parking in surcharge, which close to about three hundred thousand dollars (S300,000). It'll also have a golden opportunity to benefit tium almost twenty million dollars ($20,000,000) in annual and income impact, which right now we do not have. You're talking about projected money wise, nine point seven million dollars (S9,700,000) in hotel revenues. 'These hotels that people come and stay now, I guarantee you sonic of them are in the City. I can't dispute that. But mostly are not in the City. The restaurants that people attend, 1'd rather see them come and stay at the intercontinental, eat throughout the hotels in the City of Mianti because (INAUDIBLE) it's good, economic sense. Vow, whether the deal is good or not good compared to the old deal, I think this is it better deal. Why`' 13ccause one percent gross -- in the history of the City of Miami, I don't think the City of Miami has ever negotiated a deal where it's going to get one percent gross_ They're going; to -- the numb, rs are going to he disputed on both sides. One is going; to project that we're going; to make a lot of money, of course. They're going to project that they don't make money. But at the end of th(.l day, it's what's in the best interest-- to rile, as representative of the (lily of Miami, what's in the best interest of the City of Miami. You know, l was one that -- when they made the statement you know, you're kicking; its when we're down, I was ofl'endW when that statement was made because I don't want to kick anybody when they're clown. When you carne to tile and said your biggest argument was -- your first argument wasn't going to be "oh, we're going to lose a race it was the race is on the same day and I personally stated in my office, if it's oil the sante day, 1 don't think that's right. Later on I find out that the race was a mouth apart and Homestead Speedway will have the first chance at it. But 11or you to say that the City of Miami has no right, under competitive competition, which this great nation of ours was based an competition, it's like 224 July 10, 2001 you telling me I cannot open up a restaurant next to -- you can't open up a restaurant next to mine. It's all based on competition. We'll decide what's good tier the City. But one thing; I take to offense has been the negative campaign that the other side has taken. Going on radio stations saying that, you know, it's going; to cost the City "x" amount of dollars and it's a bad deal for the City; handing out pamphlets in downtown Miami to the merchants that they're going to be affected by this. You know, at the end of the day, i think that we, as elected officials, are going to make the best deal. But I'll tell you this much: I will not have another city come and tell me what to do. I will not have another entity come and tell me what to du. So, at the end of the day. I've listened to both sides. I'm prepared to sit down. I do think that some of the arguments made here by my colleagues are very valid. I, for one, think that sonic conditions need to be in place to guarantee security. We basically may have to direct the City Manager to go buck and try to negotiate a better deal for the City. But at the end of the day, whether we have a race here or not, whether we have a race here or not downtown Miami today suffers and we're not doing anything about it. D-day has done a great job. We promote to bring thing in cities throughout the United States; spend millions of dollars to attract Orange Bowls and other major events because, at the end of the clay, it's good economics for the City. So, at that, I just want to make that point and I would yield tine to my colleagues on the issue. Just to talk — just to mention one other deal. The Bayfront Park bust will receive filly thousand dollars ($50,0UU) in one percent ticket surcharge. That has never -- that's another deal that has never been worked out in the history of the City of Miami. A dollar fur the ticket surchatge. Every dollar that's -- a ticket, a dollar goes to the Bayfront Park. So, you know, to say it's a had deal -- hey, everybody looks at something and will predict, but ['in sure that both siders of interest are going to make statements that are not going to he accurate. Commissioner Teele: Commissioner Winton has said that he's going to leave at -- I think we need to get down to where we all are and we ought to get a motion. Commissioner Sanchez: Well, I'm prepared to make a motion. Contmissioner'fecle: And we ought to debate a motion as opposed to giving... Commissioner Sanchez: If there's no further discussion, I'd like to prepare a motion. Commissioner Teaele: There's a lot ofdiscussiun, but let's discuss a motion. Vice Chairman Dort: Before -- in making your motion, my understanding, presentations were made that the money to be utilized will be to borrow -- to he paid within a certain time, the eight hundred thousand dollars (5800,000). That was my understanding. Commissioner Regalado: Wait, wait, wait. That's.., Commissioner Sanchez: It's a one lump sum... Commissioner Regalado: Is that it loan? 225 July 10, 2001 $1111111101111 Commissioner Sanchez: It's not a loan. It's a one lump sum of eight hundred fifty thousand to nine hundred and fifty thousand to accommodate the race event. Commissioner Teele: Yes, but that's not money going to the promoter. That's money going to the streets. Commissioner Sanchez: It's capital improvement for the streets. Commissioner Teele: 'Chats capital improvement dollars. Commissioner Sanchez: Which this City was going to do whether we had a race or we didn't have a race. It was money that was going to go to capital improvements to that area and the park. Commissioner Teele: I'm not sure we... Commissioner Regalado: Well, that's pushing too hard. Mr. Gimenec: I think it's uccurate to say some would be, but not all of it. Vice Chairman Gorr: OK. What's the motion? Commissioner Sanchez: Motion authorizing the City Manager and Bayfront Park to negotiate and bring back to the Commission on July 26th an agreement for the Commission's approval. Commissioner Regalado: No, no. L. Commissioner'feele: Second the motion. Commissioner Regalado: Discussion. Vice Chairman Gort: Or discussion. Contmissioner 'reele: Second the motion. but let me just do this. Would you amend the motion now to require a public notice... Commissioner Sancho: Yes, sir. Commissioner Teele: -- public hearing... Commissioner Sanchez: 'That's required. Commissioner Tecle: And would you also -- no, it's not. And would you also amend the motion to require that the details be available to the public at least throe working days before the Commission meeting? 226 July 10, 2001 z 0 • Commissioner Sanchez: Absolutely. Commissioner Tecle: I mean, printed and... Vice Chairman (pori: We're supposed to have it five days before. So, it can be five days before. Conmtissioner Teele: Well -- and we get a wchsite. And post it on a website. And any changes get changed up on the wchsite. So, let's bring ourselves into the... Commissioner Winton: And this isn't that complex. This deal could get negotiated in 24 hours. Commissioncr Tecic: Absolutely. Commissioner Rcgalado: And... Commissioner Vklinton: Either negotiated or dead. Commissioner Sanchez: Also... Commissioner Rcgalado: You know, L. Commissioner Teele: Do you accept that? Commissioner Sanchez: Yes, sir. As the maker of the notion, 1 accept that, the amendments. Mr. Vilarello: Is that three days before or live days before? There was discussion on both issues. Commissioner Teele: Well, five days before -- Vice Chairman Gort: Five days before. Commissioner Teele: -- with leave for them to amend it on the Internet, on a published website on this issue. So... Commissioner Rcgalado: 1 think that by doing that, we're making a mistake because the '.Manager is going to come back with something similar. i really believe in what Commissioner Teele said, that we need to bring dollars to DDA because DDA is the only entity that can spend the dollars intelligently in downtown Miami. So, 1 don't -- you know, 1 don't know. 1 still don't know. I really think -- 1 mean, Joe has done an extraordinary work in Bayfront Trust and all that, but every penny that goes into Bayfront stays in Bayfront, and it doesn't serve the purpose of the rest of downtown. Commissioner Teele: You know, the problem is that nine hundred thousand dollars ($900,000) a year from general funding goes to Bayfront. That's why I want to help... 227 July 10, 2001 Commissioner Regalado: Well, OK. Commissioner Teele: That's why I want to help. Commissioner Regalado: Then you have a point. You know, if we were to decide to stop subsidizing Bayfront with that amount of money... Commissioner Tecle: But this is the best way -- Tomas, this is the best way to stop -- you give them an incentive to go out here and make money and then, as they make money, you basically... Commissioner Regalado: Well, that's what I'm saying. 'c'hat's what I'm saying. But it has to be in the contract. I still think that by not directing the Manager to come up with it better figilre, then we should set some numbers. Commissioner Winton: Well we'll set some. But we still have to have someone responsible for negotiating, and I don't think there's anybody better. Commissioner Teele: Exactly. And I don't think there's but one entity that ought to be negotiating on behalf of this Commission and that's the Manager. Commissioner Winton: Right. Commissioner Regalado: Of Course. Commissioner Teele: With all due respect to Bayfront 'frust, DDA, MSEA, the Manager. Commissioner Winton: I agree. Absolutely. Commissioner Regalado: No, of course. Because he has to deal with the services of the City of Miami. Commissioner Winton: Right. So, if you've got some parameters that you want to put on the table, put those parameters on the table. Commissioner Regalado; Well, the parameters that the Manager has to come back with a contract whereby the City of Miami will make a profit. After spending what it spent on in-kind services, the City of Miami, for the residents of Miami and for the use in downtown, has to comic up with more than two hundred thousand dollars (5200,000) a year. Commissioner Teele: All right. That's his instruction. And 1 think those -- that's a fair instruction from a Commissioner. Commissioner Sanchez: Mr. Manager, all that 1 had was we have more security in place to protect our interests. Commissioner Teele: Mr. Chairnian, on the motion. First of all, I want to say to the citizens of 229 July 10, 2001 0 • the City of l-IOiIICStead and its Manager and the elected officials that are here that i don't take any offense to any of the things that have been said or done. You have an elected responsibility to represent your constituents, and far lie it for me to try to chill your manner and your approach to this very, very sensitive issue. Homestead is down. There's no question about it. Bill certainly not out. And if this race is going to in any way detract or take money from Ilontcstcad, then, obviously, fm looking for ways to minimize that and stop that. I want to state on the record, what Mr. Paul and 1 have eluded to, and that is the fact that for many years, long before I moved to Miami, especially, I was privileged to represent international Speedway Corporation, and, in fact, the day that 1 met with the president, I Ilcw up on Mr. France's private plane to Washington and met with then candidate or President-elect Reagan and Sccret:uy Raker, wfio was then the Chicf of Staff to George Bush, the Vice President and 1 owe everything that I have, in the area of transportation. to the International Speedway Corporation and to Bill Prance, Sr. and the France family. And, so, 1 sit here with a lot of mixed emotions candidly worried about what Bill France is saying about :rte right now after he invested so much of his resources and company resources in my professional development. But at the same time, I, too, am an elected official of the City of Miami and I've got to do what 1 believe to be correct and right and proper for the City of Miami. But in the spirit of trying to reach more toward a compromise, 1 do think, Mr. Manager, that we should take note of the fact that the same economic issues that are -- were circling around this City sonic six or seven - - five to six years ago were circling around the City of Homestead, and this will be a very good time for me to request of you and to say that I intend to aggressively pursue this as it part of the budget hearing, to work with the manager of the City of 1 lomestead to sec if there are any in-kind services and individuals and personnel or technology or equipment that we can snake available, including personnel, to homestead during this very difficult period of time that they're going through. I think, you know, Commissioner (;ort is our liaison with the League of Cities. And we do all this rah, rale talk about we're all in this together. And we're all lighting the one big had entity that keeps their foot on all of the cities' necks, and if we're really serious about being a really -- a part of a Lcague of Cities, as we conte out of this Oversight Board process, I think that we have an obligation. And so I want to say to Curt and Carlos, our Manager, that I hope you all will meet and talk and to the extent that we can make staff available -- or Mr. Attorney or Mr. Clerk, to the extent that to help the City of Homestead, i think we should do it. It's in that spirit also that I would ofl�r to the promoters that the word Grand Prix seems to be one of the big issues and I would ask, specifically, Mr. Attorney, for you all to meet with the Speedway folks, Mr. Lopez, and with Mr. Yanowitch -- 1 guess you're counsel. I see all these Guccis, Mr.... Vice Chairman Gort: Never seen so many Guccis in here. Commissioner Teele: I've never seen so many Guccis in all my life. Commissioner Regalado: Yes, we have. With the Marlins. Commissioner Tecle: Huh? Commissioner Regalado: With the Marlins. 229 July 10, 2001 Commissioner T'eele: Well, with the Marlins, but not outside of Washington, D.C.. This is ratitied air. But Mr. -- God. Mr. Peeple's sitting hack there grinning like a lie-coon, I guess. Be a good analogy right before dark or is it right before dawn? Right before dawn. I'll get it right. But in any event, we really do have an obligation to work with them. Now, the word Grand Prix. If the ISC, international Speedway Corporation, and those forces that are there, take offense to the word Grand Prix and would like to see if we can make an agreement along that, I think then - - that 1 would he prepared to work with Mr. Berrnello and others to keep the word Grand Prix out. Because I do think that's it licensing %%ord. It's a word that, within thirty days, could be contusion. Obviously we'd be looking for a standstill agreement during the Period of the race and we'd be looking; for estoppels. Mr. Attorney, and we'd be looking for the kind of thing that we can all talk about working together. And, so, I think ifthe word Grand Prix - if this is a real issue -- and I don't know the heifer dust from the real stuff here. But if the word Grand Prix is as offensive, Mr. Lopez, as you all are making it sound like. (lien I think (here ought to be some basis using our general -- our City Attorney to work with Mr. Yanowitch, as attorney for the Le Mans Grand Prix, to see if we can reach a standstill agreement and estoppels, et eetera. The other consideration that 1 would make in that regard would he the following: I think Mr. -- Commissioner Sanchez is right on the point of the -- what are,, you calling this, Mr. Lopez, this wonderful family outing here that you've got all these great let(er:s from the Mayor ol' Phoenix on' What's the right term for it? Mr. Lopez: Race Festival. sir. Commissioner Teele: Race Festivals? I would be willing to support Race Festival and urge the Commission to support Race Festival, and whether it he at Bayfront Trust or whether it he at Bicenterwial Park or whether it be at Virginia Key or wherever -- anywhere in the City of Miami that's going to generate a crowd, i would be willing to support it and generate -- and donate 80 percent of the funding of this to the City of Homestead, alter expenses from the City, because I really do Think -- say again:' Commissioner Sancho: What? C onmtissioner Teele: Eighty percent. And the only reason I'll say RO percent, you know, is that I just think we ought to at least know where the books are and du it. Otherwise I'd say a hundred percent. But, look; this event could be very good for Homestead. It could be an event that could get people here in the City and in the urban core to go to Homestead that otherwise aren't going. We do have a responsibility to help and to work with Humestead and to work with the Speedway Corporation in promoting that track. And if they're serious -- if this is not just a blocking action, if they're serious, then my position is that we ought to basically send the signal "come oil and put it on as our guests". All we're looking for is the expenses oftltc City to be repaid. And the profit of this, we'll be willing to assign it to the City of (Homestead to assist them for the next four or five years as this thing goes forward because we really can be partners in this kind of activity. And, Mr, Graham, I would hope that you'd respond at this point, either favorably or something, that you all would take it under advisement. I really would like to hear from you, John, on this kind of point. Because this is -- yes, sir. This is a great event. If you don't mind, sir. I don't mean to put you oil the spot. 1 hope you stay in a hotel in Miami tonight. 230 July 10, 2001 • Mr. Graham: I absolutely ani, and that's a great point out of all of this. I don't -- I would like for the City of Miami not to look at either Homestead Miami Speedway or the City of Homestead as trying to do something to block or he in the way of what benefits Miami. The fact is, from our events people do stay in Miami's hotels; shop in your shops, cat in your restaurants right now. And I did stay in downtown Miami last night, in answer to your yucstion, but we're serious about the proposal of a race fest. Commissioner fccle: Well, John, you heard my proposal. What I'm saying is this. If you all really are serious, then I, for one -- and I don't know how any of the other Commissioners think. I would assume that Commissioner Regalado, it least, would suppoii this since tie's already said he's voting no -- is that you all really want to conic down and have race fest, then -- and I'm not asking fora yes and no now. I realize these are corporate decisions. I realize these are corporate decisions and you want to take this and confer with your corporation. But what I'm saying to You is we the City, of Miami, and we and you, the iSC Corporation, can work together for the benefit not only of the City of Homestead but for the racetrack because if YOU (fo this 110111C -- this race fest, yoWre going to get the exposure with urban dwellers and people that may not otherwise off -- clown to Homestead. And as far as I'm concerned -- and I would hope that Conlniisslonei Vinton or Commissioner Sancllei. would express at least a statement that we'd be willing to entertain a split that would be a split favorable: to the City of Honiestead. hi other words, we don't need to try to -- wc want to help Homestead and we want to help the International Spcedway Corporation make this racetrack as successful as you can. And -- I mean, I'm not accusing you at all, nor am I trying to put you on the spot. But what I'm saying is. why don't we sit down and fivurc out a way that we can create some win/win situations fur ISC, for the City of Honiestead, and (*or the City of Miami'? And I really would hope that you take this under advisement and let either the Bayfront Trust [lark know -- 1 would encourage you to have it at Bayfront Trust, and as long as we get our expense money and whatever reasonable terms they may have, then 1 would be willing to say that we ought to try to work as a financial entity (or the City of Homestead on this. Mr. Graham: li' I can put it into my words, I think what you've said is, if... Commissioner Sanchez: I just want to put it on the record that you have my commilment on that. Mr. Graham: OK. And I appreciate it. But if we're serious about this race fest, which we are, you would be serious about entertaining it and it might he structured in such a way that it be it win, win, win for the City of Mianii, Homestead Miami Speedway and the City of Homestead, and we'd love to sit down and try to work all that out. Absolutely. Vice Chairnian Gort: Personally, let nle tell you. I think we have a responsibility to work with -- 1 personally believe that this will bring henefit to Homestead because -- in the business world that we're in, it lot of times you go to a place and you see a lot of restaurants together and you sec a tot of fiu•niture stores together and they all live and they do very well because they attract more people. I believe the event will attract more people down to South Florida that later on, when you do your -- and your event conies a month before, so .111 the publicity that they will he doing will be benefiting you. You'll he receiving; a lot of the benefit. 1 personally believe it will be it 231 July 10, 3001 —10 1Ztl.1.S • significant henefit to you. But at the same time, Mr. Manager, 1'd like for you to know that we've had some experience in dealing what you're dealing with and our commitment is very serious. We're willing to sit down, work with you, and give you tuty assistance you need from any of us because I think that's our duty to do so. Commissioner Teele: And the other point that i made that you didn't respond to is that the word Grand Prix -- if we restricted the use of the word Grand Prix so as not to create confusion in the market place, ct cetera, for the Le Mans race, would you all be willing to consider a hold on this and we can all sort of sit down and go (town this race together without a lot of this negative publicity, negative stuff that's going on now'' And 1 -- again, I'm not asking you for a commitment un that but I'mJust asking you, is the word Grand Prix an issue in the corporate minds of ISC and in the promoters' minds as it relates to that terminology? Mr. Graham: Yes. But as it relates to the promotion of the events, it's a secondary issue. The primary issue is that when you promote race events, you start that about a year in advance of the event. And, so, Nse'll both be promoting over lite top of each other fbr at [cast I I months about sports cars and open wheel races, and it's... Commissioner Tecle: But, John, you know and 1 know this, the NASCAR crowd is a little. hit ditferent. Little hit from the Le Mans crowd. And i mean, you know, let's... Mr. Graham: Our first concern is confusion in the market place. We do think that would he amplified if there were to be a race in the sweets of• X4iami and if it were also to he called the Grand Prix of some sort, that would compound the confusion that would be there, but without wanting to abuse any time at the podium, let me express that our other issue, with all of this is competitive fairness. Atte invested -- we received no subsidy from anybody. We've invested over fifty trillion dollars ($50,000,000) in the right to operate Homestead -Miami Speedway. We've paid two million one hundred and sixty-five thousand dollars ($2,165,000) in rent a year, and we pay for all of the services that you've been talking about giving away in-kind. Commissioner 'feel(: John, I put the deal together. The tourist developtnent dollars pay -- the last time 1 checked -- about three million dollars (53,000,000) a year'? The initial component of this racetrack has about, as 1 recall. Now you can correct me if I'm wrong -- George, how, much CDT money goes to pay for the bonds on this track? So, this is -- we need to make sure the record is clear. When we built the first component -- unless you all took out Ralph and took out everybody and replaced the bond, there's about three million dollars ($3,000,000) of tourist development dollars in this facility. Mr. Graham: All right. But we don't own the facility. We lease the facility and we pay over fifty million for the right to... Commissioner Tecle: But I was only responding to the fact that it was built without public money, this facility. 'file initial track was built wholly with public funds. Mr. Graham: And it remains publicly owned. That's who we pay our rent to. But the rents are market rent. 232 July 10, 2001 II1Ilniiif: Commissioner Teele: And I can assure you that the Bayfront Trust will remain publicly owned, too, when this is all done. So, let's try to work on it. If there's any room to work it out, let's try to do it. And i think, you know, at least two of us up here are saying the kind of things that you all should want to hear and that is, we'd like to work this out in a way that we're not in an adversarial relationship and... Mr. Graham: Now that we totally agree with. Commissioner Teele: Good. Vice Chairman Gort; OK. There's a motion. Commissioner Sanchez: Thank you, John. Vice Chairman Gori: There was an addition -- amendment to the motion, made by Commissioner Regalado. Are there any other amendments like to be made to this motion? C.ornmissioner Teele: The mitigation plan is something that has not been addressed. The diversity plan -- let me just say this. I want to say this on the record. I do not condone rent -a - citizen. l do not condone use of minorities or women for the purpose of having a minority or a woman. They must have an economic benefit to the transaction. I am for diversity. Strongly for diversity. But I am adamantly opposed to rent-a-cilizens. And 1 would hope that the Le Mans would have as much diversity. i recognize, Willy, you're former president of the Latin Builders and a very distinguished Cuban -American and t respect you in that regard. I also -- we've not heard really enough from Mr. Panoz. The time is late. I read about hotels that he owns. I want to know, specifically, would you consider, Mr. Panoz, while you're here, would you consider building a hotel in Miami? But that may be the subject for the next meeting. But 1'd like for you to drive around and think about it because I'd like to add that as a condition, that if there is a hotel built in Dade County, you're going to build it in the City of Miami, preferably, in the downtown or redevelopment areas, if you get my drift. But in any event... Commissioner Sanchez: And 1 hope you stay at the Holiday Inn in Miami. Commissioner 'I'eele: But the truth of the matter is, is that the one thing that i would like to sec, if there is any opportunity -- somebody asked me. Was it Frank Rollason -- arc there any black race drivers in the automobile industry? And there are and there have been. But I'm looking for diversity in the ownership, but not rent -a -citizen, not people that say, oh, Commissioner Teele meant -- I'm not going to send one person to you. Not one person. So, i hope you consider that before your next trip back. Commissioner Sanchez: Call the question. Vice Chairman Gort: OK. Thank you. Commissioner Regalado: What is the motion? :II. Y: 233 July 10, 2001 Vice Chairman Gort: The motion was to... Commissioner Sanchez: Let the City Attorney read the motion. Vice Chairman Gort: City Attorney read the motion with the amendments. Mr. Vilarello: The [notion was to direct the City Manager and Bayfront Park Management Trust to negotiate an agreement, bring I back before the City Commission on July 26th for consideration by the City Commission. There was additional requirements with regard to mitigation plan, with regard to any movement of trees, either in the right-of-way or in Bayfront Park, diversity plan -• Commissioner Sanchez: Public hearing. Mr. Vilarello: --- required public hearing for the meeting of July 26th, and Commissioner Regalado had raised an issue. Vice Chairman Gori.: Commissioner Regalado wrote the amendment that at least had to make two hundred thousand dollars (S200,000) a year for the City of Miami. Commissioner Regalado: i said that after paying the in-kind services, paying everything, the City must, must come out with two hundred thousand dollars ($200,000) of profit. Commissioner Teele: He didn't accept that in the motion. Commissioner Rcbalado: You did not accept that... Commissioner Teele: He had already said -- you're going to vote (INAUDIBLE). Commissioner Regalado: Huh? Commissioner Teck: You already told you're going to vote it yes, so why should he accept it? Commissioner Regalado: Because it's a good motion. Vice Chairman Gort: He accepted the -- the maker of the motion, do you accept the amendment? Commissioner Sanchez: No, 1 can't accept that motion. After the in-kind services, the City has to make two hundred thousand dollars ($200,000) profit? Mr. Gimenez: Apparently, what I understand, after in-kind and (INAUDIBLE) expenses, the City has to make two hundred thousand in profit. That's the motion I heard. Vice Chairman Gort: Come out even. 234 July 10, 2001 0 • Commissioner Sanchez: 1 accept the motion. Commissioner Regalado: 1 said ... Mr. Gimenez: Per year. Commissioner Regalado: Per year. After everything that has to do with in-kind. After every expense -- everything that is paid, the City has to come out with two hundred thousand dollars ($200,000) profit, at least. Commissioner Teele: Year. But, you know, lot me tell you what's wrong with that motion, honestly. Commissioner Winton: Wait, wait. Yeah. Commissioner Teele: Suppose they lose money? This race could very well lose money -- if you look at what happened with Ralph... Commissioner Regalado: OK. So, that's... Commissioner Tccic: That's why you need 10 to 12 years to make it work. The first two or three years -- l mean, if you're going to say after the 5th year or the 6th year, that's reasonable. But if you're going to say it in the first two or three years, you're going to strangle this thing off - - you're going to kill the baby in the ... Commissioner Regalado: 'Well ... Vice Chairman Gort: You can ask to improve the percentage. Commissioner Regalado: I'm not --I don't want to kill the baby, but i just think •- you know. the problem that we have -- I mean, we have to be blunt on this -- is that sometimes the Mayor, the Manager, negotiates deals with John Henry, and with other entities and the perception is that the City Commission gives away or wants to give away hundreds of million of dollars to John Henry, a millionaire, or three million dollars ($3,000,000) because the problem is that we were not given the right information from the beginning, and i really resent that. When I'm being brought to vote with something that i didn't know until this morning -- and I really have to vote on it, so I said, i vote no. Commissioner Teel e: Well, if you would just change the word from profit... Commissioner Regalado: No, I will not. Commissioner 'reel c: No. Would you listen to what I'm -- please? Commissioner Regalado: it's tine by me. You know, look... 235 July 10, 2001 n1145M • Commissioner Tcele; But, Tomas, if you would just change the word from profit to economic -- financial economic benefit to the City... Commissioner Regalado: Arthur, I don't -- I don't -- no. Because the perception is that we're giving away money. So, if the City does not make money, a lot, I will vote no. That's it. Commissioner Sanchez.: The City Manager is going to try to negotiate that. if it's not, then he's going to bring back the best possible deal. Commissioner Regalado: .hoe, that's -- you don't accept the motion, I'm voting no. That's it. You're going to have four votes yes, one vote no. Commissioner Teele: And you're going; to be on the radio tomorrow. Commissioner Regalado: Absolutely. I work on the radio. Commissioner Sanchez: And you'll he on the radio. Commissioner Regalado: No. But let me tell you. Let me tell you. Let me tell you. I think that the people have the right to express, and 1 think that we're treading here on a very thin ice when we criticize what has been said on the radio and all that. Because, i mean, this is all first amendment and the people have to express their feelings, and there are people who have been director -- maybe they are, but there are people who are expressing their lcelings. So, I'm not going to criticize the members of the Commission. I have never; ever criticize (lie members of the Commission. I do criticize the Mayor because on the articles -- no. I mean -- no, no, no, Seriously. This is serious stuff. We have to vote— Commissioner Winton: Mc leaving is serious stuff, too, and I'm about out of here. Commissioner Regalado: No, no. Johnny, we have to vote and take the heat or take the victory and then we never know where the Mayor stand on any issue. 1 mean, I read on the, press that he supports the concept, but wants private money, so what if you guys vote now that we're going to subsidize the races and the Mayor comes and say, well, you know, i think that these people should have think more about the needs of the City of Miami'? I mean, you're risking that... Commissioner Winton: But we're not voting to subsidize anything. That isn't anywhere in here. Vice Chairman Gort: We're instructing; the Manager... Commissioner Winton: We're instructing the Manager to go back and renegotiate the deal. And the deal is -- and something you're losing sight of over the fear that somebody's going to be out there criticizing its and some of the negative stuff - Commissioner Regalado: No, no, no, no, no, no. It's not about.. Commissioner Winton: Tomas Regalado, excuse me. 236 July 10, 2001 _r1� - Commissioner Regalado: 1 cannot sit here... Commissioner Winton: You're losing site of something here. Commissioner Regalado: No, no. Johnny... Commissioner Winton: And that is that we're going to fill up three nights, maybe four nights, every single hotel room, every single parking lot, every single restaurant, cafe, cafeteria, within the whole greater downtown area. That's going to be a significant economic impact that comes directly back to us. Commissioner Regalado: That's -- well, it goes directly to the County because the bed tax dollar goes to the County. Commissioner Winton: No. No it doesn't. Commissioner Regalado: But... Vice Chainnan Gort: Let him finish. Commissioner Winton: The success of business canes to its, and so there's a real economic impact to the City of Miami. Commissioner Regalado: Absolutely. Commissioner Winton: So, there's a real economic impact to the City of Miami. Commissioner Regalado: And this is the responsibility of the City. Commissioner Winton: And what we're asking the Manager to do is go back and negotiate a deal that sits in our favor here, and Pin m not in favor of putting tight parameters out. You know, he may negotiate a deal that gets us three hundred thousand dollars ($300,000) a year. I don't know. I want -- we want him to negotiate the best deal we can get out of those folks out there. The best deal he can gel. Who knows what lie can bet us. We're sending him back to negotiate. Vice Chainnan Gort: And he's got to come back and it's got to be approved by us. It has to be approved by its. Commissioner Winton: Right. Vice Chainnan Gort: And by the Oversight Board. Commissioner Winton: And if we don't like the deal that he conies back with the next time, we don't have to accept it. 237 July 10, 2001 • Vice Chairman Gort: That's it. Commissioner Teele: Call the question. Commissioner Regalado: Call the question. Vice Chairman Gort: Couple of things before. The one thing I want to make sure you do also is, any charges for the permits. they have to pay for it. We're not going to waive any of that, outside of the City of Miami. And 1 want you to know... Mr. Gimencz: That was never... Vice Chainnan Gort: OK. Mr. Gimenez: We took that deal and we look... Vice Chairman Gort: No. But I'm -- you're taking that as the... Commissioner Winton: lie wrote down all of those !topes Vice Chairman Gort: (INAUDTBI.F.) have to do it. OK. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-658 A MOTION AUTHORIZING THE CITY MANAGER AND THE BAYFRONT PARK MANAGEMENT TRUST TO CONSIDER AN AGREEMENT WITH THE PROMOTERS OF THE LE MANS AUTO RACE AT BAYFRONT PARK TO 13E BROUGHT BACK FOR COMMISSION CONSIDERATION ON JULY 26, 2001 AS A PROPERLY NOTICED PUBLIC HEARING; FURTHER IER STIPULATING THAT SAID NEGOTIATED AGREEMENT PROVIDES THAT 'fl -IF. CITY OF MIAMI MAKE A MINIMUM PROFIT OF 5200,000 A YEAR AFTER PAYING FOR IN-KIND SERVICES; FURTITFR DIRF.CT'ING THE MANAGER TO NEGOTIATE. AN ENVIRONMENTAL MITIGATION PLAN AND A DIVERSITY PLAN; FURTHER DIRECTING THE MANAGER '1'O MAKF THE PROPOSED AGREEMENT AVAILABLE TO THE PUBLIC ON TILE CITY'S INTERNET WEBSITE AT LEASTFIVE WORKING DAYS PRIOR TO THE SCHEDULED PUBLIC HEARING WITH AN OPPORTUNITY TO AMEND SAME, IF NEEDED. 238 July 10, 2001 Upon being seconded by Comminloner Toole, the motion was passod and adoptdd by` the OROV 0s vote: AAM6 'Vrao Chairman Wifredo Gori} " Y 1�06VP1MMva Joe Sanchez ottnnissioner Arthur E. Toole, Jr.i� `,C6fi mimioner Johnny L. Winton ,jpfi '` �'� " ` G"ommisaioner Tomss:Re ghl� ':4 � fi 43 4 � '� N'N 1 A K1�'.4 CYi. l ...: '�'.�� •t� � { �� y� f �;l •"+i i � •� R' F ABII Moue.' t ; t WA 2 11M Dort+ Think' y(lL , Y tt ' i■' iO AA •� Y � x S. S t g � 4„j i �4 x. i A �� 5�t� ; `.S 5 �y'T�'�'"�����try�+�E �•y�y 1z :. z"' -d n '� ax„ .,4' sy a " F•t r� r ^viX7. va�t�'k °� ri y,, �i t� e`� $'rt ?maLg •" r .}�.?'x �'r#i��� Pi��.�` x`ri s."""^Fc .`���,''{{i9' #� FS �. `� g �:3 '"'.i t�k.`�Y�"s7�.y�xy k� r�u c ;� X !i ! M r g! i 5�2 � � T'y��✓,' � it `�y?a:°h. .eV y R:It ;t his �f �t �+n `"l ,i,'dP Y .� e �" ,� r 5'�"'tT � r 3 � � �� B".;X i ,sex' 6<�]!c'� F, �,tf�vr� �i {�fi�,� ��& an•:i �t xhy..l*�'n"��b'�H P { • • 28. ADOPT CONSENT AGENDA WITH EXCEPTION OF ITEM CA -24, WHICH IS I DEFERUD (See *030). Commissioner Tecic: We finally get to the Consent Agenda. Vice Chairman Gott: Would anyone like to pull any one item on the Consent Agenda! Does any Commissioner want to pull a -- Commissioner Winton: I want to pull CA -24. Vice Chairman Gurt: CA -24 for the next meeting on the regular agenda, you want it, Johmly? Commissioner Winton: Yes. Vice Chairman Gort: CA -24 for the regular, next meeting. Anyone else would like to pull any of the Consent Agenda? Any other items like to be pulled from the Consent Agenda? Do I have a motion to accept the Consent Agendu? Commissioner Regalado: Move it. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Consent Agenda' Commissioner Winton: Second. Vice Chairman Gort: Second. Any further discussion? Commissioner Winton: "Aye." Vice Chairman Gort: Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-659 A MOTION ADOPTING THE CONSENT AGENDA, ITEMS CA -I THROUGH CA -24 WITH T11E EXCEP'T'ION OF ITEM CA -24, WHICH 1S DEFERRED. 240 July 10, 2001 Upon {seconded by Commissioner Sowhez, the motion was passed and ad4%C# bra Jiallawit vote: ■� � � t t aaioner Tomas Regal ac 0 k�rti Y miesioner Joe SanchezUR- t w � t ommiasioner Arthur E. TeeleJr, Commissioner Johnny ^�YWtt��ee�zt;Y!flj 3 a= SPI r � ; � �t'�ti• y a r�%d�t; r .r Y"SKyy {4,Fkt'�.F�iwii az�+EY� iRas,•.. y � •�3 .:� TT t '�� r R* PQ E6� t r 'P� 4fs Ya: i 4 ro a 29. SCHEDULE SPECIAL COMMISSION MEETING FOR PURPOSE OF CONSIDERING PROPOSED FIRST READING ORDINANCES RELATED TO RECOMMENDATIONS FROM CIVILIAN REVIEW PANEL, MAYOR, CITY COMMISSIONERS OR OTHER ELECTED OFFICIALS, AND VARIOUS COMMUNITY ORGANIZATIONS RELATED TO AN INDEPENDENT POLICE INVESTIGATIVE PANEL. Vice Chairman Gurt: Commissioners' items. Commissioner Tecic: Before we take up the billboard, which was scheduled for six o'clock, can we take up the item of the Civilian Independent Review Panel? And I know Commissioner Winton's got to go, and the people have been here all day. Commissioner Regalado: It was pulled. It was pulled. Commissioner Teele: Who pulled it? Vice Chairman Gort: 1\o. My understanding is we were going to have a special meeting to deal with that. Commissioner Winton: That's what I was told. Vice Chairman Gort: I requested it, because of this long agenda that is here today. Commissioner Teele: Well, the president of PULSE (People United to Lead the Struggle for Equality) has been sitting here all day. Nobody told me we were having a special meeting. Commissioner Sanchez: It was my understanding it was a -- Commissioner Winton: Well, I think the president of PULSE would be happy to have us -- Commissioner Tecle: Well, who's going to have a special meeting? Commissioner Sanchez: They're requesting a special meeting, correct? Bess McElroy: Yes, we are. Commissioner Sanchez: Yes. Commissioner Tecle: Your name and address. Ms. McElroy: My name is Roth McElroy. I am president of People United to Lead the Struggle for 1?quality, better known as PULSE. And I have chaired over the past several weeks the community based organization meeting in which we put together a proposal. But considering the length of today, and we knew beforehand, as of July 3" that we were going to be placed at the end of the agenda, and we want all of your untiring attention. So therefore, we respectfully 242 July 10, 2001 mn14=: 0 • request that this be deferred to a special meeting. And it's my understanding that special meeting has been scheduled for July 19, 1 believe, at 4 p.m. Commissioner Sanchez: Where at 4 pan.? Ms. McELroy: I believe Northwestern Senior High. I'm not absolutely sure. Commissioner Sanchez: But who agreed on the site? Ms. McElroy: excuse me? Commissioner Sanchez: Who agreed on the site? Ms. McElroy: Who agreed? Commissioner Sanchez: Yes. Who made the recommendation for the site? Ms. Mcl?Iroy: I believe this was made through the Mayor's Office. Vice Chairman Gort: No. Commissioner Sanchez: Well, let me tell you how 1 feel about this. You know, this is an independent panel. 1 think we live in a diversified community, you know. You have basically put together a group that involves the whole community. 1, for one, think that this meeting should he held at a neutral or an establishment maybe in Little Havana, like Miami Senior High School, where we could have -- Vice Chain nan Gort: No, no. Commissioner Winton: No, no, no. It needs to be held in our Commission chambers. Commissioner Tecic: You know, with all due respect to all perspectives, 1 don't know who set the meeting for Northwestern. Commissioner Sanchez.: Sure wasn't me. Commissioner Teele: I was not me. I would oppose it being at Northwestern for the following reasons: This is a matter that is going to go on a ballot. if we are all -- or if we can get an agreement from at least three or four of us for subpoena powers. That's a very important issue, subpoena power. Ms. McElroy: Yes. Commissioner Teele: This issue should not he perceived as a Hispanic issue or a black issue. This issue should be held in the chambers, where the public can see it, where it can be aired on television. 1 would love to basically support it being at Northwestern, obviously. And I 243 July 10, 2001 QUIRK a6 apologize to you and the leadership if that was you all's recommendation, but it was never discussed with me. I think this issue does not need to take on either a slant that it's African- American driven or Hispanic driven. This is good for the City of Miami. Ms. McElroy: Well, Mr. Commissioner, if 1 could speak. I certainly respect that. And we have no objection, whatsoever to the meeting being held here in the chambers. Commissioner Winton: Here, here. Commissioncr Tecle: Here, here. is there a time that's convenient for you, ma'am? Vice Chairnian Gort: Four o'clock, I think you stated. Ms. McElroy: It has been scheduled at four o'clock. However, we was hoping that maybe it could be just a little bit later in order to accommodate working people. Commissioner Winton: What day? Vice Chairmwi Gort: July the 19'x'. Ms. McElroy: July 191x'. Commissioner Teele: You're talking about later in time. Vice Chairman Gort: Yes. Ms. McElroy: Later in time. Vice Chairman Gort: Six o'clock. Commissioner Teele: Like six o'clock? Ms. McElroy: Six o'clock would be good. Vice Chairman Gort: That's fine with me. Commissioner Teele;: Is there an objection? Vice Chairman Gort: No objection. Commissioner Tecle: I would move that a special meeting -- that the item be deferred to a special meeting -- Commissioner Sanchez: Second. Commissioner Tocle: -- at the Miami City Hall on July 19`x' at 6 p.m. 244 July 10, 2001 Vice Chairman Gort: It's been moved and a second. Commissioner Winton: Could we get a raise? Second. Vice Chairman Gort: It's been and seconded. Any further discussion? Being none, all in favor, state it by saying "aye." 'fhe Commission (Collectively): Aye. Commissioner Teele: And I want to apologize, because this is a matter that we really should have taken up early in the morning and clarified this issue. And that's my shortcoming, and I do apologize to you. Ms. McElroy: Well, we thank you, Mister Commissioners. Vice Chairman Gort: Thank you. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-660 A MOTION SCHEDULING A SPECIAL COMMISSION MEETING ON THURSDAY, JULY 19, 2001, BEGINNING 6 P.M., IN MIAMI CITY HALL CHAMBERS [,OR THF PURPOSE OF CONSIDERING AGENDA ITEMS 49- A, B AND C (PROPOSED FIRST READING ORDINANCES RELATED TO RECOMMENDATIONS FROM THE CIVILIAN REVIEW PANEL, THE MAYOR, CI'T'Y COMMISSIONERS OR OTHER ELECTED OFFICIALS AND VARIOUS COMMUNITY ORGANIZATIONS RELATED TO AN INDEPENDENT POLICE INVESTIGATIVE PANEL.,.) Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gori Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez 245 July 10, 2001 D00 -41j/ 0 • 30. RECONSIDER PRIOR VOTE ON. MOTION NO 01-659, WHICH HAD ADOPTED CONSENT AGENDA WITH EXCEPTION OF ITEM CA -24 (SEE NUMBER 28). Carlos Gimene7 (City Manager): Mr. Chairman? Vice Chainnan Gort: Wait a minute. I think we have one more speaker. Herschel llaynes: Mr, Chairperson and Commission, 1 also happen to sec an item here on the agenda, which ... Vice Chairman Gort: Your name and address, please, sir. Mr. Haynes: Beg Pardon? Vice Chairman Gort: Name and address. Mr. Haynes: Herschel Haynes, 4601 Northwest 15th Avenue, 33142, and I'm Chairman of the Hadley Park Homeowner's Association, and 1 just happen to see an item here on the agenda, and I would appreciatc it if it could be deferred until your last meeting in this month, when sonic of the board members would also like to speak to the issue. Commissioner Teele: What's the item`! Vice Chairman Gort: Wliat's the item? Mr. Haynes: Item CA -20. Commissioner Winton: Item what? Commissioner Teele: Consent item 20. Mr. Haynes: CA -20, page 14. Commissioner Teele: What's the item? Vice Chairman Gort: Management agreement between the City of Miami and Florence Litthcut Inner -City Children's Touring Danec. Commissioner Teele: Move that the item -- did we just approve it? Commissioner Winton: Yes. Mr. Wailer Foeman (City Clerk): Yes. Vice Chairnian Gort: Right. Move to be eonsidcred. 246 July 10, 2001 Commissioner Teele: Move that item CA -20 be reconsidered for -- Commissioner Winton: Second. Commissioner Tecle: -- a vote. Mr. Alejandm Vilarello (City Attorney): You have to reconsider the entire consent agenda. Vice Chairman Gort: Do we have to reconsider (INAliDIBLE). Commissioner Teele: Move that the consent agenda item -- the consent agenda ... Commissioner Winton: In its entirety. Commissioner Tecle: Agenda be reconsidered. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. All in favor state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: To be pulled for the next agenda on the 26th. Commissioner Teele: Moving for the 26th as the first item to appear on the regular agenda. Mr. Haynes: Appreciate that. Thank you. Commissioner Winton: And we're -- I'm sorry. Commissioner Teele: Move the balance of the consent agenda, without the item that has been pulled. Commissioner Winton: I'm recommending to put it back in. So, item 24 goes back in. Mr. Vilarello: Actually, when it was first adopted, item CA -24 was removed. Commissioner Winton asked for it to be removed, and now he's asking that the -- Commissioner Winton: I got clarification. Mr. Vilarello: -- the consent agenda be approved with the exception of item 20, and include item 24. Commissioner Teele: And it includes it? Commissioner Winton: Includes 24 now, and only excludes 20. 247 July 111, 2001 Iz��l�ie Commissioner Teele. All right. Vice Chairman Gort: So. the motion is to exclude... Commissioner Teele: Second the motion. Commissioner Winton: Second. Vice Chairman Gort: Item 20 and bring back approve item 24. Commissioner Winton: Right. Vice Chainnan Gori: All in favor state it by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-661 A MOTION TO RECONSIDER THE. PRIOR VOTE ON MOTION NO. 01-659, WHICH HAD ADOPTED THE CONSENT AGENDA WITH THE hXCEPTTON OF ITEM CA -24. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez 248 July 10, 2001 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 TE1:LE AND SECONDED BY COMMISSIONER WINTON, TIDE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTF: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. �.--------__ _..-.._..---------------- 30.1 ACCEPT BID OF EXECUTIVE SOURCE, INC. PURSUANT TO INVITATION FOR BIDS NO. 00-01-164 FOR PROCUREMENT OF FIFTY-TWO SONY MVC-FD7S DIGITAL CAMERAS FOR OFFICE OF NEIGHBORHOOD ENHANCEMENT TEAM, 517,680; ALLOCATE FUNDS FROM NET OPERATING BUDGET. RESOLUTION NO. 01-662 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF EXECUTIVE SOURCE, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-164, DATED MAY 21, 2001, FOR THE PROCUREMENT OF FIFTY-TWO SONY MVC-FD75 DIGITAL CAMERAS FOR THE OFFICE OF THE NEIGHBORHOOD ENHANCEMENT TEAM, IN AN AMOUNT NOT EXCEED $17,680; ALLOCATING FUNDS FROM THE NET OPERATING BUDGET, ACCOUNT CODE NO. 145001.251113.6.840. 249 July 10, 2001 0 0 30.2 ACCEPT BID OF FLORIDA LEMARK CORPORATION PURSUANT TO INVITATION FOR BIDS NO. 00-01-155 FOR PROJECT ENTITLED "MIAMI POLICE - SOUTH DISTRICT SUBSTATION - PRECAST CONCRETE RESTORATION, B-6370", ALLOCATE FUNDS FROM GENERAL FUND, TOTAL ESTIMATED COST OF $50,150. RESOLUTION NO. Ol -663 A RLSOLUTION OF THE MIAN11 CITY COMMISSION ACCEPTING THE BID OF' FLORIDA LENIARK CORPORATION, TIIF LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANTTO INVITATION FOR GIDS NO. 00-01-155, DATED R1Ati' 17, 2001, FOR THE PROJECT ENTITLED "MIAN91 POLICE - SOUTH DISTRICT SUBSTATION - PRECAST C'ONC'RETt" RESTORATION, B-6370". IN THE Ar*10UNT OF $43,000; ALLOCATING FLNIDS FROM THE GENERAL. FUND, ACCOUNT CODE. NO. 001000.290201.0.670, AS APPROPRIATED BY THE AN IJAL APPROPRIATIONS ORDINANCE. AS AA, IENDED, IN THE AMOUNT OF $43,11011 FOR T1IE CONTRACT COSTS, .AND 57,150 FOR EXPENSES, FOR A TOTAL, ESTIMATED COST OF $50,150; AND AUT NOR17.1NG TIIG CITY MANAGER TO E\ECUTF. AN AGREEMEN'l, IN A FORM ACCFPTABLE; TO TT 1L CITY AT'iORNLY, FOR SAID PURPOSE;. 30.3 ACCEPT BID OF TROPIC LANDSCAPING & LAWN MAINTENANCE, INC. FOR PROJECT ENTITLED "BRICKELL BAY DRIVE LANDSCAPING PROJECT B-4634", TOTAL COST OF $48,581. RESOLUTION NC). 01-664 A RESOLUTION OF THE M1AN11 CITY COMMISSION ACCEP'T'ING THE BID OF 'TROPIC LANDSCAPING AND LAA'N MAINTFNANCE, INC., THE LOWEST RESPONSIVE BIDDER PURSUANT TO INVITATION FOR BIDS, DA'I LD MAN' 17, 2001, ICOR THE PROJECT ENTITLED "BRICKEI.1, BAY DRIVE LANDSCAPING PROJECT B-4634", IN THE AMOUNT OF $43,805.10; ALLOCATING FENDS FROM PROJFCT NO. 341170, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $43,805.10 FOR THE CONTRACT COSTS, AND $4,775.90 FOR EXPENSES, FOR A TOTAL. COST OF $48,581; AND AUTHORIZING THE CITY MANAGER TO EXEC'U1'L A CONTRACT, IN A FORM ACCEPTABIT TO THE CITY ATTORNEY, FOR SAID PURPOSL. 250 July 10, 2001 0 30.4 APPROVE PROCUREMENT OF TF1040 W24 WASTE CONTAINERS WITH CITY LOGO FOR PLACEMENT THROUGHOUT CITY FOR DEPARTMENT OF SOLID WASTE i FROM WAUSAU TITLE, INC., UNDER EXISTING SNAPS II AGREEMENT NO, 6502386- 1, $40,600. RESOLUTION NO. 01-665 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING TILE PROCUREMENT OF THE TF1040 W24 WASTE CONTAINERS WITH THE CLI`Y O!- MIAMI LOGO FOR PLACEMENT THROUGHOUT THE CITU FOR THE DEPARTMENT OF SOLID WASTE' FROM WAUSAU TITLE, INC., UNDER EXISTING SNAPS 11 AGREEMENT NO. 6502380-I, EFFECTIVE UNTIL MARCI-I 18, 2002, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $40,600; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 353015, ACCOUNT CODE NO. 329401.6.840. 30.5 APPROVE PROCUREMENT OF FOUR NIKON F100 CAMERA BODIES, FOUR NIKKOR 25-IOSMM CAMERA LENSES, AND FOUR NIKON SB -28 CAMERA FLASHES FOR DEPARTMENT OF POLICE FROM FOCUS CAMERA, INC. UNDER EXISTING CITY OF MIAMI 131D NO. 00-01-088, $6,400; ALLOCATING FUNDS FROM POLICE GENERAL OPERATING BUDGET, RESOLUTION NO. U1-660 A RUSOLUTTON OF TILE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF FOUR NIKON 17100 CAMERA BODIES, FOUR NIKKOR 25-105NIM CAMERA LFNSES, AND FOUR NIKON SB -28 CAMERA FLASHES FOR THE DEPARTMENTOF POLICE FROM FOCUS CAMERA, INC., UNDER EXISTING CITY Of-- MIAMI BID NO. OU -01-088, IN AN AMOUNT NOT TO EXCEED $6,400; A1.1.00ATIN(, FUNDS FROM THE POLICE GENERAL. OPERATING BUDGET, ACCOUNT CODE NO. W1000.290201.6.850. 251 July 10, 2001 �IiI+��rr • 30.6 APPROVE ACQUISITION OF PROFESSIONAL SERVICES FROM DATACOM SYSTEMS, INC., TO SETUP AND CONFIGURE DATA NETWORK TROUBLESHOOTING AND MONITORING SOFTWARE FOR DEPARTMENT OF INFORMATION TECHNOLOGY, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 252-006-99-1, $12,000. RLSOLIAION NO. (it -0f)7 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING TtIE ACQUISITION OF PROFESSIONAL SERVICES FRO,NI DATACOM mwn,MS, INC., TO SI-7111PAND CONFIGURE. THE DATA NI•;TWORK TROUBLESHOOTING AND MONITORINC; SOFr%*ARF. FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY. UNDER EXISTING STATF OF FLORIDA C'ONTRAC'T NO, 252-006-99-1, EFF-F-CTIVY, UNTIL SEPTF %v1BFR 30, 2003, AND ANY FXTFNSIONS, WITH TI -IF. OPTION TO RENEW FOR ONE ADDITIONAL ONE-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED 512.000; A1.1.0C'ATING FINDS FRONT "I H1- (aFNL'RAI- I;UND, ACCOI INT CODE NCI. 0111000.400101.0.270. 30.7 APPROVE PROCUREMENT OF ONE 61' SKYBOOM AERIAL TRUCK FOR DEPARTMENT OF FIRE -RESCUE FROM PIERCE MANUFACTURING, INC., UNDER EXISTING LAKE COUNTY, FLORIDA BID NO, 99-150, TOTAL AMOUNT $320,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT, FIR} -RESCUE NEW APPARATUS ACQUISITION. RESOT.I TION 01-008 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING 'I`llF PROCUREMENT OF ONE 61' SKYBOOM AERIAL TRUCK FOR THE DEPARTMENT OF FIRE -RESCUE FROM PIERCE MANUFACTURING, INC., UNDER EXISTING LAKE COUNTY, FLORIDA BID NO, 99-150, EFFECTIVE THROUGH JULY 31, 2001, NXITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR 11CRIODS, SUBJECT TO FURTHER EXTENSIONS AND%OR PRICE. ADJUST h1ENTS BY LAKE COUNTY, FLORIDA, IN THE ANIOUNT OF $315,000 PLUS 55,000 IN CONTINGENCY RESERVES. FOR A TOTAL AMOUNT NOT TO EXCFED $320,000; ALLOCATING FUNDS FROM CAPITAL 1MPROVENIF.NT PROJL'C1' NO. 313233, FIRE -RESCUE NEW APPARATUS ACQUISITION, ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY THE FIRE ASSESSMhN"I F'FE. 252 July 10, 2001 1IIIIII�'tL. • 30.8 AP ROVE ACQUISITION OF ELECTRICAL PRODUCTS, EQUIPMENT, SUPPLIES, i AND RELATED SERVICES FOR DEPARTMENT OF PURCHASING, ,TO BE USED BY VARIOUS CITY DEPARTMENTS, FROM GRAY13AR ELECTRIC COMPANY, INC., UNDER EXISTING COUNTY OF LOS ANGELES, CALIFORNIA MASTER AGREEMENT NO, 57128; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS. RESOLUTION NO. 0 1 -669 A RESOLUTION OF TI -IF MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF ELECTRICAL PRODUCTS, EQUIPMENT, SUPPLIES, AND RELATED SERVICES FOR THE DEPARTMENT OF PU'RCIIASING, TO BE USED 13Y VARIOUS CI'T'Y 131:PARTMENTS, FROM GRAYBAR ELECTRIC COMPANY, INC., UNDER FXISTING COUNTY OF LOS ANGELES, CALIFORNIA MASTER AGRFF.MENT NO. 57128, EFFECTIVE UNTIL SEPTEMBER 30, 2001, ON AN AS -NEEDED CONTRACT BASIS, WITH THE OPTION TO RENEW FOR TWO ADDI'l lONAL ONE-YEAR PERIODS, AND ANN' EXTENSIONS: ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, AUTHORIZING PURCHASES AS N1'I:DI D, SUBJECT TO AVAILABILITY OF FUNDS 30.9 AUTHORIZI3 FUNDING OF "DO THE RIGHT THING" PROGRAM, $40,070.76; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 0 1 -670 A RESOLUTION OF THE MIAMI C'1"rY COMMISSION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN AN AMOUNT NOT TO EXCEED 540,070.76; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA SECTION 932.7055, FLORIDA STA"T'U'11S (2000) 253 July 10, 2001 0 • 30. 10 AUTHORIZE MANAGER TO PROCURE DEBRIS MANAGEMENT AND DISASTER RECOVERY SERVICES FROM. DRC, INC.,. FOR PURPOSE OF PROVIDING TECHNICAL ASSISTANCE IN CASE OF DISASTER DEPLOYMENT, UNDER EXISTING CITY OF TAMPA; FLORIDA RFP NO. 71060500 FOR DEPARTMENT OF FIRE -RESCUE TO BE UTILIZED CITYWIDE, RESOI_.L1TION NO. 01-671 A RFSOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PROCURE. DEBRIS MANAGEMENT AND DISASTER RECOVERY SERVICES FROM DRC, INC., FOR UTILIZATION CITY WIDE BY THE DEPARTMENT OF FIRE -RESCUE FOR THE PURPOSE: OF PROVIDING TECHNICAL ASSIS'T'ANCE IN CASES OF DISAS'T'ER DEPLOYMEN l . ON AN AS -NEEDED CONTRACT BASIS. WITH THE OPTION TO RENEW FOR ONE (l) ADDITIONAL FIVE --YEAR PERIOD, UNDhR EXISTING CITY OF TAMPA, FLORIDA RFP NO. 71060500, EFFECTIVE UNTIL APRIL 4, 2006, AND SUBJECT TO FURTHER EX'T'ENSION BY THE CITI' OF "TAMPA, FLORIDA. .______^..__.___..._______,.�____�__ 30.11 AUTHORIZE CITY MANAGER TO APPROVE PROVISION OF DISASTER RECOVERY SERVICIES FROM GRUBBS EMERGENCY SERVICES, INC., FOR PURPOSE OF PROVIDING TECHNICAL ASSISTANCE IN CASE OF DISASTER DEPLOYMENT, UNDER EXISTING PASCO COUNTY, FLORIDA RFP.NO. 99-186S, FOR DEPARTMENT OF FIRE -RESCUE TO BE UTILIZED. CITYWIDE. RESOLUTION NO. U1-672 A RESOLUTION OF THE MIAMI CITY COMMJSSION AU'1'IIORIZING THE CITY MANAGER TO PROCURE THE PROVISION OF DISASTER RECOVERY SERVICES FROM GRUBBS EMERGENCY SERVICES, INC., FOR TIE PURPOSE OF PROVIDING TECHNICAL ASSISTANCE, IF NECESSARY, DURING: DISASTER DEPLOYMENT FOR THE DEPARTMENT OF FIRE -RE SC'UF. FOR CITYWIDE USE, ON AN AS NEEDED CON'T'RACT BASIS, UND1sR EXISTING PASCO COUNTY, FLORIDA RFP NO. 99-186S, EFFECTIVE UNTIL. AUGUST 21, 2005, FOR A FIVE-YEAR PERIOD, AND ANY EXTENSIONS. 254 July 10, 2001 eIeAL•tsi:I " • • 30.12 AMEND RESOLUTION NO. 00-001 TO REFLECT NAME CHANGE TO SECURITY ENFORCEMENT PROTECTIVE AGENCY, INC RESOLUTION NO. 01-673 A RESOLUTION OF THE MIAMI CITI' COMMISSION AMENDING RESOLUTION NO. (10-001, ADOPTED .)ANUARV 13, 2000, ACCEPTING THE BID OF INTER -AMERICAN PROTECTIVE SERVICES, FOR THE PROVISION OF SECl►RITN' GUARD S1:RVICFS CITVWIDE, ON AN AS NEEDED CON'T'RACT BASIS FOR ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS. TO REFLECT A NAME CHANGE TO SECURI'T'Y ENFORCEMENT PROTECTIVE: AGENCY, INC. 30.13 AMEND RESOLUTION 99-745 ACCEPT IIID OF COMMERCIAL ENERGY SPECIALIST, INC., FOR PROVISION OF POOL CHEMICALS AND SUPPLIES FOR DEPARTMENT OF PARKS AND RECREATION, $47,266.75. RESOLUTION NO. u1-674 A RESOLUTION OF THL MIAMI CITY COMMISSION AMENDING RESOLUTION 99-745, ADOP'T'ED OCTOBER 12, 1999, ACCEPTING THE BID OF COMMERCIAL ENERGY SPECIALIST, INC., FOR THE PROVISION OF POOL CHEMICALS AND SUPPLIES FOR THE DEPARTMENT OF PARKS AND RECREATION, IN AN AMOUNT NOT TO EXCEED $47,266.75 TO REFLECT- THE CONTRACT PERIOD. 30.14 RATIFY, APPROVE AND CONFIRM MANAGER'S ACCEPTANCE OF DONATION OF $3,500 FROM BELLSOUTH FOR PURPOSE OF ACQCnRING BELLSOUTH.NET INTERNET SERVICE FOR SELECTED PARK SITES. RESOLUTION NO. 0 1 -675 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF A DONATION OF BELLSOUTH.NET INTERNET SERVICES FOR SELECTED PARK SITES FROM BELLSOUTH, WITH AN ESTIMATED VALUE OF 53,500. 255 July 10, 2001 30 1 S AMEND RESOLUTION NO. 00.1106 TO AUTHORIZE CONTINUED SERVICES OF OSTERHOLT CONSULTING, INC. FOR PROVISION OF PROFESSIONAL SERVICES FOR PLANNING OF RETREATS FOR CITY OF MIAMI ELECTED OFFICIALS AND TO INCREASE COMPENSATION PAID FOR SAID SERVICES TO $50,000. RESOLUTION NO. 01-676 A RESOLUTION OF THE NLIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-1106 TO AUTHORIZE THE CONTINUED SERVICES OF OSTERHOLT CONSULTING, INC. ("OSTERHOLT") FOR THE PROVISION OF PROFESSIONAL. SERVICES FOR 11 -IF PLANNING OF RL'TREATS FOR CITY OF MIAMI ELECTED OFFICIALS; FUR"I"1lElt AUTHORIZING 'I HF CITY MANAGE -It 1'0 EXECUTE AN AMENDMENT TO THh EXISTING ACREEMhNT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH OSTERHOLT FOR THE CONTINUED SERVICES AND TO INCREASE THE COMPENSATION PAID FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED $25,000, FROM $25,000 TO 550,000; ALL.00ATIN(i FUNDS FROM ACCOUNT CODE NO, 001000.921002.6.270 FUR SAID PURPOSE. 30.16 AUTHORIZE :MANAGER TO EXECUTE AGREEMENT WITH TOM GRABOSKI ASSOCIATES, INC. $38,500 TO DESIGN PATHFINDER SIGNAGE SYSTEM TO SERVE VISITORS TO DESTINATIONS ON WATSON ISLAND FROM FUNDS AVAILABLE IN DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT BUDGET. RESOLIJ'I'ION NO. 0 1 -677 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACH MEN -1'(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL. SERVICES AGREEMENT, IN SUBSTANTIALLY THE DORM ATTACHED, WITH TOM GRABOSKI ASSOCIATES, INC. FOR THE DESIGN OF PATHFINDER SIGNAGE SYSTEM TO DIRECT VISITORS 70 DESTINATIONS ON WA"CSON ISLAND FOR THL DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT, IN AN AMOUNT NOT TO EXCEED $35,000; ALLOCATING FUNDS FROM REAL ESTATE AND ECONOMIC DEVELOPMENT OPERATING BUDGET, ACCOUNT CODE NO. 001000.500101.6.270, IN THE AMOUNT OF $3,500 AS THE MAXIMUM ALLOWNACE FOR DIRECT REIMBURSABLE EXPENSES, FOR A TOTAL COSI' OF $38,500. 256 July 10, 2001 30. 17 AUTHORIZE MANAGER TO EXECL" 1'E PROFESSIONAL SERVICES AGREEMENT WITH JOHN A. GRANITO FOR PURPOSE OF PROVIDING REVIEW OF DEPARTMENT OF FIRE -RESCUE'S F1,TNCTIONAL STRUCTURE, OPERATIONAL PLANNING AND POLICY DEVELOPMENT PROVISIONS, MANAGEMENT PRACTICES, FIELD STAFFING PATTERNS, VEHICLE AND EQUIPMENT STATUS, AND RESPONSE STATION COVERAGE, $24,900 RESOLUTION NO. 01-678 A RESOLUTION OF 'fHE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL. SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH JOHN A. GRANITO, FOR REVIEW OF FUNCTIONAL S'TRUCT'URE, OPERATIONAL. PLANNING AND POLICY DEVELOPMENT PROVISIONS, MANAGEMENT PRACTICES, FIELD STAFFING PATTERNS, VEHICLE AND EQUIPMF,N'1' STATUS, AND RESPONSE STATION COVERAGE FOR THE DEPAR'T'MENT OF FIRE -RESCUE AT THE RA'Z'E OF $100.00 PER HOUR, FOR A TOTAL. AMOUNT NOT TO EXCEED $24,900; ALLOCATING FUNDS FROM THE CAPITAL IMPIZOVEMENT PROJECTS ORDINANCES, AS AMENDED. 30.18 AUTHORIZE MANAGER TO ENTER INTO MUTUAL AID AGREEMENT WITH FLORIDA CITY, FLORIDA ON BEHALF OF FLORIDA CITY POLICE DEPARTMENT. RESOLUTION NO 01-679 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO FXFCUTF. A MUTUAL All) AGREFIMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA CITY, FLORIDA, ON BEHALF OFTHE FLORIDA CITY POLICE DEPARTMENT, PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES (1996), FOR THE PURPOSE OF RENDERING MUTUAL I,AW ENFORCEMENT AID. 257 July 10, 2001 911off [as • 30.19 AUTHORIZE MANAGER TO EXECUTE INTERLOCAL AGREEMENT FOR THREE YEAR PERIOD BETWEEN CITY AND MIAMI-DADE COUNTY FOR PURPOSE OF ENFORCING OF FOR -HIRE TRANSPORTATION REGULATIONS AS SPECIFIED IN COUNTY CODE. RESOLUTION NO. 01-680 A RESOLUTION OF THE :MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY -THE ATTACHED FORM, WITH MIAMI-DADI? COUNTY FOR A PERIOD OF "THREE YEARS FOR ENFORCEMENT OF THE FOR -HIRE, TRANSPOR'T'ATION REGULATIONS BY THE CITY OF MIAMI DEPARTMENT OF POLICE, AS SPECIFIED IN CHAPTERS 4 AND 31 OF THE C'ODL OF MI AMI-DADE COUNTY 30.20 ACCEPT DONATION, $97,500, FROM FLORENE LITTHCLIT'S INNER CITY CHILDREN'S TOURING DANCE COMPANY FROM MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS TOWARDS, CONSTRUCTION OF BLACK BOX THEATER AND DANCE/EXERCISE ROOM COMPONENT OF $3.1 MILLION HADLEY PARK COMMUNITY CENTER; AUTHORIZE ALLOCATION OF MATCHING FUNDS FROM SAFE NEIGHBORHOOD PARK BOND FUNDS. RESOLUTION NO. 01-681 A RF.SOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM THE FLORENCE L IT'rHCUT'S 1NNLR CITY CHILDREN'S TOURING DANCE COMPANY (THE "COIMPANY"'), SAID DONATION CONSISTING OF THREE GRANTS RECEIVED BY THE COMPANY FROM THE MIAMI-DADF. COUNTY DEPARTMENT OF CULTURAL AFFAIRS, FOR THE CONSTRUCTION AND DEVELOPMENT OF A BLACK BOX THEATER AND DANCE/EXERCISI: ROOM AT THI: HADLEY PARK COMMUNITY CENTER (TILE "FACILITY"); AUTHORIZING 'I'LIF. CITY MANAGER TO HN'1'ER INTO A MANAGEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THI CITY ATTORNEY, WITH THE COMPANY FOR USE OF THE FACILITY; FURTIIER AUTHORIZING THE CITY MANAGER, AS REQUIRED BY SAID GRANTS, TO ALLOCATE. MATCHING FUNDS FROM THE SAFL NEIGHBORHOOD PARK BOND FUNDS APPROPRIATED FOR CAPITAL. IMPROVEMENT PRO11C1' NO. 33141. 258 July 10, 2001 E 30.21 AUTHORIZE MANAGER TO EXECUTE LEASE AGREEMENT WITH NORTHERN TRUST BANK, TRUSTEE AND LAWRENCE J. SCHLOSBERG, TRUSTEE, FOR USE OF 500 SQUARE FEET OF OFFICE SPACE, LOCATED AT 2415 BISCAYNE BOULEVARD FOR USE BY CITY FOR OPERATION OF EDGEWATER POLICE MINI -STATION; ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET. RESOLI_II ION NO. 01-082 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, Nvv'ITI1 NORTHERN TRUST BANK, TRUSTEE AND LAWRENCE: .1. SCHLOSBF.RG, TRUSTEE, FOR USE OF APPROXIMATELY 500 SQUARE: FEET OF OFFICE SPACE, LOCATED AT 2415 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FOR USE BY THE CITY OF MIAMI FOR THE OPERATION OF'IlIE EDGEWATER POLICE: ,MINI -STATION. PROVIDING FOR (I) A MONTHLY RENT INT HE AMOUNT OF $575 F'OR'T IIF. F'IRS'T' TEAR, $600 FOR THE SECOND YEAR, AND $625 FOR TIE THIRD YEAR, (2) A TERM OF'THREE YEARS, WITH THE OPTION TO RENEVI' FOR THREE ADDITIONAL. YEARS, ANI) SUCH ADDITIONAL TERMS AND CONDITIONS AS MAY BE MORE PARTICULARLY SET FORTH IN THE LEASE AGREEMENT, ALLOCATING FUNDS FROM TITh I'OLIC'L GENERAL OPL;RA'LING BUDGET, ACCOUNT CODE- NO. 001000.290201.6.610 FOR THE LEASE OF SAID SPACE F30.22 AUTHORIZE MANAGER TO NEGOTIATE MANAGEMENT AGREEMENT WITH CITY RETIRED POLICE OFFICERS COMMUNITY BENEVOLENT ASSOCIATION, INC. FOR PROVISION OF PROFESSIONAL SERVICES IN CONNECTION WITH RESTORATION, OPERATION AND MANAGEMENT OF CITY -OWNED PROPERTY LOCATED AT 1009 NORTHWEST STH AVENUE AS MUSEUM. RESOLUTION NO. 01-633 A RESOLUTION OF THt3 MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A MANAGFNIF.NT AGREEMENT WITI I THE CITY OF MIAMI RETIRED POLICE OFFICERS COMMUNITY BENEVOLENT ASSOCIATION, INC., I -OR TLIE RESTORATION, OPERATION AND MANAGEMENT OF A HISTORICAL MUSEUM AND TO PROVIDE EDUCATIONAL. AND COMMUNITY-BASED PROGRAMS ON CITY -OWNED PROPERTY LOCATFD AT 1009 NORTIlWLS11, 5Ti' AVENUE, MIAMI, FLORIDA; FURTHEIZ DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLETO THE CITY ATTORNEY, TO THE CITY C'ONIMISSION FOR CONSIDERATION AS SOON SA PRAC'T'ICABLE. 259 July 10, 2001 IIIIIL61M 0 • 30.23 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH DEPARTMENT OF OFF-STREET PARKING (DOSP) FOR MANAGEMENT AND OPERATION OF PARKING LOT LOCATED AT SEMINOLE BOAT RAMP LOCATED AT SOUTHWEST CORNER OF SW 2?""' AVENUE AND SOUTH BAYSHORE DRIVE INT COCONUT GROVE, RESOLUTION NO, 01-684 A RESOLUTION Of-' T11E MIAMI CITY COMMISSION. W111 -I A'1TACIIMENT(S), AUT11ORIZ.ING THE CITY MANAGER '1'0 EXECUTE AN AGREEMENT, IN A FORM ACC'hP'1 ABLF '10 THE CITY ATTORNEY, N%'ITH THE DEPARTMENT OF OFF-STREET PARKING FOR THE MAINAGEMENT AND OPERATION OF THE PARKING LOT AT TIIE SENIINOLL' BOAT RAMP LOCA'T'ED AT THE SOUTH%114's'I CORNER 01; SOUTHWEST 27TH AVENUE: AND SOUTH BAYSIIORE DRIVE IN COCONUT GROVE, `IIAMI, FLORIDA, FOR A TERM OF THREE YEARS WITFI AN OPTION TO FXT TND FOR 'T1T121'F ADDTTIONAI, ONF-Yt:AR PERIODS, 30.24 ACCEPT RECOMMENDATION OF MIANII POLICE AND PURCHASING i DEPARTMENTS OF EXXONMOBIL C/O FLEET CARD SERVICES, FOR SOLE PROVISION OF PREMIUM 93 -OCTANE GASOLINE TO POLICE DEPARTNIENT'S MOTORCYCLE FLEET UTILIZING EXXON FLEET CARD PROGRAM; AUTHORIZE EXXONMOBIL GASOLINE DEALERS LOCATEDWITHIN CITY TO PROVIDE PREMIUM GASOLINE TO ITS FLEET MOTORCYCLE. OFFICERS; $20,000, FOR DEPARTMENT OF POLICE; ALLOCATE FUNDS FROM POLICE DEPARTMENT GENERAL OPERATING BUDGET. RESO1l1TION NO. 01-685 A RESOLUTION OF 'THE MIAMI CITY COMMISSION, WITH ATTACHMENI'(S), AUTHORIZING 'niE- CITY MANAGER TO ACCEPT THL SELFC'TION OF EXXONINIO IL, ATLANTA, GEORGE, AND ITS GASOLINE DEALERS LOCATED WITTIIN I 11 CITY O1, MIAMI ("CI IN") QUALIFIED TO PROVIDE, PREMIUM 93 -OCTANE. GASOLINE TO MEMBERS OF THF POLICE DEPARTMENT'S MO'FORCI'CLF FLI E'T, UTILIZING THC' EXXON FLEET URFDIT C"AltD,SPEED PRO(IRANI OR A PERIOD OF THREE YEARS, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YL:AR PERIODS, FOR AN LSTIMATFD ANNUAL AMOI )NT NOT TO EXCEED S20,000, FURTHER AUTHORIZING THE PROCESS OF EXXON FI_GET CREDIT CARDS APPLICATIONS IiOR DESIGNATED MEMBFRS OF THE MOTORCYCLE. FL ET AND THE EXECUTION OF A MOTORCYCLE FUEL ACCESS AGREEMENT THAT PROVIDES FOR THE INCLUSION OF ADDI'T'IONAL GASOLINE DEAI.E.RS IN 'THE C11 Y ON ANA S NEEDED BASIS; AI.I.00ATING FENDS FROI\-I THE POLICE DEPARTMENT GENERAL OPERATING BUDGFT, AC COUNT C'ODF NO. 0010011,290301,6.715. 260 July 10, 2001 31, (A) DEFER DISCUSSION CONCERNING MIAMI POLICE DEPARTMENT'S: POLICIES AND, PROCEDURES RELATING TO DISCHARGE OF FIREARMS AND PROPOSED ORDINANCES RELATED TO AN•INDEPENDENT INVESTIGATIVE PANEL. (H) DEFER DISCUSSION ,CONCERNING STATUS REPORTS FOR, PLANNING ADVISORY BOARD, AND'ZONING BOARD AND PRESENTATION BY OFFICE OF CITY CLERKI CONCERNING A DIGITAL LIBRARY. Carlos Gimcnez (City Manager): Mr. Chairman't Vice Chainnan Gort: Yes. Mr. Gimenez: I'd like to defer items 35 and 36 to the September 13th meeting, and we'd also like to defer item number 45 to the special meeting, July 19th, that's in addition to 49A -- Vice Chairman Gort: You're talking about 35? Mr. Gimencz: Thirty-five and 36 is September 13th. We're also deferring number 45 to the July 19th special meeting, along with 49A, B, C. Commissioner `i'eele: Move the items reference to the July 19th meeting. Would you read them into the record again, for July 19th? Mr. Gimenez: July 19th is items 45 and 49A, I3, and C. Commissioner Teele: Move that those items be heard as a part of the special ... Commissioner Winton: Second. Vice Chairman Gort: OK. It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." 'rhe Commission (Collectively): Aye. 261 July 10, 2001 • • The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-686 A MOTION DEFERRING CONSIDERATION OF THE FOLLOWING AGENDA ITEMS TO THURSDAY, JULY 19, 2001: ITEM 45 (DISCUSSION CONCERNING THE MIAMI POLICE DEPARTMENT'S POLICIES AND PROCEDURES RELATING TO DISCHARGE OF FIREARMS);ITENI 49 A (PROPOSED FIRST READING ORDINANCE TO I CLt_JDL RECOMMENDATIONS CONTAINED IN REPORT SUBMITTED BY CIVILIAN REVIEW PANEL SUBCOMMITTEE); TEM 49 B (PROPOSED FIRST READING ORDINANCF TO INCLUDE. ANY RhCOMMLNDATIONS BY THE MAYOR, CITY COMMISSIONERS OR ANY OTHER ELECTED OFFICIALS TO CREATE AN INVESTIGATIVE GROUP STAFFED AND FUNDED BY THE CITY);ITEM 49 C (PROPOSED LEGISLATION TO INCLUDE RI,COMMFNI)ATIONS FROM A PLAN PROPOSED BY VARIOUS COMMUNITY ORGANIZATIONS RELATED TO AN INDF.PHNDENT INVESTIGATIVE PANEL). Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Tccic: Move that the items pulled by the Manager, items -- what are they, Mr. Manager? Mr. Gimcncr.. Ttcros 35 and 36 for September 13th. Commissioner Teele: So moved. Vice Chairman Gort: Is there a second? Seconded by Commissioner Winton. Commissioner Winton: Second. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. 262 July 10, 2001 The following motion was introduced by Commissioner Tcc;lc, who moved its adoption: MOTION NO. 01-687 DC CONSIDERATION OF THE ITEMS A MOTION TO D TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 13, 20011TEM 35 (DISCUSSION CONCERNING STATUS REPORTS FOR PLANNING ADVISORY BOARD AND ZONING DOARD);ITEM 36 (PRESENTATION BY THE OFFICE OF THE CITY CLERK CONCERNING A DIGITAL LIBRARY). Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: r AYES: Vico Chairman Wif edo Garr Commissioner Arthur E. Tech, Jr.�M t 3 Commissioner Johnny L. Winton �� s MAYS: None. AiSENT Commissioner Tomas Ragaiado, Commissioner Joe Sanchox 4 K Vico Chaim=' Gott; OK: i t 4 1 t�� t ` nN+ q. +�y i?st m t �' r. 4 a• *.� T t4 y„�#R, n t + 0 F .,.'. t s t.+.s'! * ,li.,+' 'a, kat' .� t'� tr MPr�` .a�$t 4�'F1 L e L a k r, J,�3e� ” �` x fr .� + ''�` s� � rk i '�' '` l` � r jxAA" .i✓ a .k+. r 4.. �sr ane '.5.ph, artaa a p{3'aW i "r 3Y',��`'+"-'ai�' .,4+r $ r c �` ,� xs'.i �'i�J€.+><5 €.r'k i sP�r rte'" 3�°3��$'� i 'k£t3 .,y�7 ;ir..�'U %v -J" }k iS �.�t<','1 '�h.�x a�s,Fd'}'•��f�'t,' s }ct�,+� d rL Pn r S xj' } rt w✓�„ f �s n '� t t a 9 3+ E'r rx � {Pr7ix Tf t_� �'.e� y5t,a.:t`•Ll^�yS}j'` t flr �s..'cF id.K �' �� �'s t � at k 9 �'*'>„ t4��.�' a - k•�,��' �� r� �. �'" ttt' �� a�"� s �` �'� -moifv, � �f s ?} 3 eF ., , Mm ��iy,TrW��t, n ��', s x $F F 04 "T 6 .. P' *syg i c ,Yri Sr,« a -n y ., trE a Py�.�_ .r+x`h r A,r+i K' LS'- M 5t �mx3,."wy�R"'i'�'wN .,.< yf �``' i; r1 3� i4 yhe� { r� iu e rc a P a ,r a l lA 7 rn Ji:t .1 -art U t'r, fK .r� s L,'` t ` % .: � x s, � s 'ta � �rd4' } �t � t a ,y •t��J i�fi k�`t � �. ,� Kut' R,�,`.�` r ...i -ta° t �"' c„ t 263 July 10, 2001 • E 32. DEFER CONSIDERATION OF PROPOSED ,ADDITIONAL RESTRICTIONS AND PROHIBITIONS RELATED TO PYROTECHNIC (FIREWORKS) DISPLAYS TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 26, 2001. Commissioner Winton: If I could recommend pulling one more, and that's the fireworks discussion. You know, we can discuss that some other time, too. Vice Chairman Gort: OK. Which item is that? Commissioner Winton: I'm trying to get -- Item 41. Vice Chairman Gort: Item 41, OK. Commissioner Tcele: Second the motion. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The lbllowing motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-688 A MOTION TO DEFER CONSIDFRATION OI: PROPOSED FIRST READING ORDINANCE TO PROVIDE ADDITIONAL RESTRICTIONS AND PROHIBITIONS RELATED TO PYROTECHNIC (FIREWORKS) DISPLAYS. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Teele: Since everybody's gone ... Vice Cliairman (fort: Commissioners' items. Commissioner Winton: Somebody gave us the wrong number on pulling the item. Vice Chairman Gort: Come on, guys. 264 July 10, 2001 Commissioner Teele: It's getting late. He gets tired. Vice Chairman Gort: We're just beginning now. Second wind. Let's go. Let's go. This is the beginning now. This is the morning agenda. Commissioner Winton: Well, we just pulled the one on code violations for Model City instead. Carlos Gimenez (City Manager): Need to pull 16. Commissioner Winton: Move to pull 16. Mr. Gimenez: Defer it. Commissioner Winton: Or defer it. Vice Chainnan Gort: Move to defer 16. All in favor state by saying "aye." Mr. Alejandro Vilarello (City Attorney): To what meeting? Vice Chairman Gort: It was seconded by ... Commissioner Winton: I don't care. Let the Manager put it in. Vice Chairman Gort: September. Commissioner Winton: September. Mr. Gimenez: We could move it to -- Commissioner Winton: September. Vice Chairman Gort: September. Mr. Gimenez: The 26th of (INAUDIBLE). Commissioner Winton: No, no, no. September. Mr. Gimenez: So moved. Mr. Vilarello: September 13th, Vice Chairman Gort: Right. Unidentified Speaker: July 26th. n 265 July 10, 2001 Commissioner Winton: Why? Mr. Gimenez: You need it for the... Vice Chairman Gort: You don't want fireworks on July 26th. Unidentified Speaker: It's a quick one for July 26th. Vice Chairman Gort: Not on July 26th. Let's do it for July 26th. Commissioner Winton: OK, fine. July 26th. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. 1'he following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-689 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 16 (PROPOSED FIRST RF.ADING ORDINANCE TO PROVIDE ADDITIONAL RESTRICTIONS AND PROHIBITIONS RELATED TO PYROTECHNIC (FIREWORKS) DISPLAYS) TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JULY 26, 2001. Upon being seconded by Conuuissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Gort: Thank you. Commissioners' items. Commissioner Sanchez: What did we just vote on? Mr. Gimenez: Pulling stuff. Commissioner Sanchez: Pulling stuff.) OK. 266 July 10, 2001 �l W� 1 � x b 3ww { k R x s" Yyytaai�p , � .��yx�tijiy, gggg,,4�6} 5'+flYtFFx" g 3 ' a ��,Jd#fie a x44 ii� h t Cz-•.?"�a �i-'a�tq'gy?' x��� 3".� ?"t�a t` ver? ac .. �, �,'§-2�`�i i x b s1 k Gl'' A -kN r a tr.z 4 .x T as ariz x -.c `' c�.,4�.� d ��.k'ip± e n July 10, �0Qi 00Wpioner Toole. Pulling Muff. ¢¢ ■a i �'R'l" 7�+on"an Gott: Palling go, s :� �l W� 1 � x b 3ww { k R x s" Yyytaai�p , � .��yx�tijiy, gggg,,4�6} 5'+flYtFFx" g 3 ' a ��,Jd#fie a x44 ii� h t Cz-•.?"�a �i-'a�tq'gy?' x��� 3".� ?"t�a t` ver? ac .. �, �,'§-2�`�i i x b s1 k Gl'' A -kN r a tr.z 4 .x T as ariz x -.c `' c�.,4�.� d ��.k'ip± e n July 10, �0Qi 1 � x b 3ww { k R x s" Yyytaai�p , � .��yx�tijiy, gggg,,4�6} 5'+flYtFFx" g 3 ' a ��,Jd#fie a x44 ii� h t Cz-•.?"�a �i-'a�tq'gy?' x��� 3".� ?"t�a t` ver? ac .. �, �,'§-2�`�i i x b s1 k Gl'' A -kN r a tr.z 4 .x T as ariz x -.c `' c�.,4�.� d ��.k'ip± e n July 10, �0Qi 33. DIRECT CITY MANAGER TO ESTABLISH ADMINISTRATIVE POLICY Q$ANTtNG HIRING PREFERENCE TO CITY RESIDENT WHO IS AN APPLICANT FOR EMPLOYMENT IN CITY'S CLASSIFIED SERVICE. Commissioner Teele: Commission items. Vice Chairman Gort: The Mayor doesn't have any items. I have one, but 1`11 go ahead ... Commissioner Winton: I'm deferring my last one. Vice Chairman Gort: District 2. Commissioner Winton: I'm deferring my last item. Commissioner Teele: Take five. Commissioner Sanchez: Olt, gosh. Vice Chairman Gort: I have one. This is the -- my item that was requested by several of the individuals here. Would you read it, the resolution, Mr. Attorney? Dote for the Record: The City Attorney read the resolution into the public record. Vice Chairman Gort: Move it. I move it. Commissioner Sanchez: Second. Commissioner Winton: Second. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. 268 July 10, 2001 -II1ARIM6 • The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 01-690 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ESTABLISH AN ADMINISTRATIVE POLICY GRANTING HIRING PREFERENCE, SUBJECT TO CERTAIN REQUMEMENTS, TO A CITY OF MIAMI RESIDENT WHO IS AN APPLICANT FOR EMPLOYMENT IN THE CITY'S CLASSIFIED SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: 269 July 10, 2001 0 0 34. SECOND READING ORDINANCE: _ ESTABLISH INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE FUND. ENTITLED "MIAMI RIVER URBAN INFILL PLAN" AND APPROPRIATE $50,000, CONSISTING OF GRANT. FROM FLORIDA DEPARTMENT OF COMNMTIMTITY AFFAIRS. Vice Chairman Gort: District 2, your ... Commissioner Winton: When are we going to do pocket items? Vice Chaimian Gort We can do them as soon as you want. Commissioner Teele: At the end of the agenda or right before you leave. Vice Chairman Gort: Just before you leave, do yours. Commissioner Winton: Either one? Because I'm -- you know, 30 minutes. Vice C'haimian Gort: Do it now. Do it. Commissioner Winton: Fast. Vice Chairman Gort: Go ahead. Commissioner Winton: Go ahead with whatever you're doing, and I'm going to -- I want to ask a question here. Vice Chairman Gort: Sanchez. Commissioner Sanchez: All right. District 3 -- Mr. City Attorney, could you read the ordinance'? It's a second reading of the ordinance. It's the Miami River Urban Infill Plan. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING INITI.AL RESOURCES AND APPROPRIATIONS FOR A SPECIAL REVENUE FUND LNTITLUD "MIAMI RIVER URBAN INFILL PIAN" (THE "PLAN"'), AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFI -AIRS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DO( UMENTS, IN A FORM ACCEPTABLE TO THPP' CITY ATTORNEY, TO ACCEPT TYIF GRANT; AND AUTHORIZING THE EXPENDITURE OF GANT FUNDS FOR THE IMPLEMFNTATION OF THE PLAN; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 270 July 10, 2001 passed on its first reading, by title, at the meeting of June 14, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifrodo Gort Commissioner Joe Sanchez Commissioner Johnny G. Winton Commissioner Arthur E. Toole, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado THE ORDINANCE WAS DESIGNATED ORDINANCE. NO. 12085. The ordinance was read by title into the public record by the City Attorney. Commissioner Sanchez.: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gott: Call the question. Commissioner Sanchez: Mr. Chairman, "B" -- item B I would like to defer until the next Commission meeting. Vice Chainnan Gort: Item "C". Commissioner Sanchez: "C" also. Note forte Record: Items D -3-B and C were deferred to the next regularly scheduled Commission Meeting. 271 July 10, 2001 KKMEW 35. CO-SPONSORSHIP OF EVENTS PRESENTED BY MIAMI ART MUSEUM; AUTHORIZE MANAGER TO ALLOW FOR PLACEMENT OF LIGHT POLE BANNERS TO PROMOTE SAID EVENTS. Vice Chairman Gort: "D." Commissioner Sanchez: "D", I would ask -- it's a discussion concerning the issue out of... Commissioner Teele: So moved. Commissioner Sanche.: Co-sponsorship, Miami art museum banners. Of course, through an ordinance, we must co-sponsor the ordinance, so I move that the City of Miami co-sponsor the banners or sponsorship of the Miami art museum banners. So moved. Vice Chairman Gort: It's been moved. Is there a second'! Second by Commissioner Teele. Any discussion. Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: !MOTION NO. 01-691 A MOTION APPROVING TIME CITY'S CO-SPONSORSHIP OF EVENTS PRESENTED BY THE MIAMI ART MUSEUM; FURT14ER AUTHOR17.ING AND DIRE'CT'ING THF, CITY MANAGER TO ALLOW FOR THE PLACEMENT OF LIGHT POLE BANNERS TO PROMOTF. SA1i1 EVENTS. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado 272 July 10, 2001 aaefser: 36. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSED CAMPAIGN TO CO DESIGNATE STREET OR OTHER FACILITY TO HONOR FALLEN POLICE OFFICERS AND FIRE PERSONNEL WHO HAVE DIED IN LINE OF DUTY. Commissioner Sanchez: Mr. Chairman, Item "E", which 1 really don't want to hurry through it, but I'll go ahead and just -- it is basically initiation of a Street Naming Campaign for police officers and firefighters in the City of Miami, who have died in the line ofduty. This will he a motion to request that their names be sent to the Street Naming Committee for approval. We will start from the most current incidents and work our way back. We have, I believe, four fire lighters and 48 police officers. We are working with the private sector in law enforcement agencies who have agreed to pay for the expenses to name, the streets alter these individuals who have basically given the ultimate sacrifice in serving, which is their lives. So, I think we owe it to them and their families, and we ask that a motion to send us their names -- Street Committee to approve the names and then the funding will he obtained through the private sector end organization, such as FOP (Fraternal Order of Police), 11,13A (Police Benevolent Association), and other organizations. So moved, Mr. Chairman. Commissioner Tecle: Second the motion, with amendments. Vice Chainnan Gort: Moved and second. Amendment. Commissioner 'fcele: Three amendments. Number one, that the resolution should say streets or other public facilities. Commissioner Sanchez: Second. Commissioner Tec1c: And while the intent, at this point, is to deal particularly with streets, there are some other ways to deal with this issue other than just -- i mean, one of the issues, for example, could he the building -- the police precinct. Could very well he. Vice C'hainnan Gort: Right. The name of... Commissioner Teele: Or there are some parking lots it could very well he. So, I think we should accept this resolution, but just add in the resolution streets and where appropriate, other public facilities or -- if you would accept that? Commissioner Sanchez: Maker of the motion accepts the amendment. Vice Chairman Gort: Seconder of the motion accepts also. Any further discussion? Commissioner Teele: Secondly and thirdly, in this particular case, this resolution should also be amended, further requesting that the City of Miami Police Department work with the committee to provide documentation and information. Commissioner Sanchez: That's ONAUDIBLU 111111181 273 July 10, 2001 Commissioner Teele: But it should be included. And I guess I would like a separate resolution, Mr. Attorney, to he passed that instructs the Planning Department to work with the Street Committee. I attended the last meeting and they are some great people, but they really struggle to get appropriate documentation and information about the history of people, and, you know, we're funding -- we're getting ready to fund all this money now for planning and all these other activities, and one of the things that we need the do is have a more documented and a more formalized way in which information -- the good, the bad, and the ugly -- is presented to the committee. These people literally are lbreed, as citizens, to got out and dib up information, do research, in many casco, themselves. 1 know the Public Works Department supports them on the technical issues of the streets, but we need a resolution specifically asking the Manager and the Planning Department, especially. to provide staffing to that committee. So, l would only ask that we specifically ask the Planning Department or -- and the other departments to work in developing, you know, one -pagers -- the good, the had, the ugly -- on each of the individuals that we're talking about, not just for this, but for all of these street designation activities. And, so, my motion -- my amendments would simply be as it relates to the Police Department, to assist in this and that the public facilities he there and then we'll take the other matter up as a separate resolution. Commissioner Sanchez: Also, if we could have the proper authorities, when we do name the streets, to make arrangements to have their families there and provide -- although the money is coating from the private sector, we have -- we've had a lot of commitments to raise that money. I think it's in the best interest of this City and these people who deserve -- there's four officers that have passed away in the line of duty, which I personally have worked with them, and t still stay in touch with their family and 1 have contacted them saying that the City will be pushing forward with this. Thank you. So moved. Commissioner Teele: Second. As amended. Commissioner Sanchez: As amended. Vice Chairman Gort: As amended. Is there any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 274 July 10, 2001 The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-692 A MOTION TO REFER TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSED CAMPAIGN TO CODESIGNATE A STREET OR OTiIER FACILITY TO HONOR FALLEN POLICE OFFICERS AND FIRE PERSONNEL WHO HAVE DIED IN THE LINE OF DUTY; FURTHER REQUESTING OF THE COMMITTEi? TO CONSIDER GIVING PRIORITY TO THE MOST' RECENT FATALITIES FIRST, AND CONTINUE IN DESCENDING CI-iRONOLCXi1CAL ORDER; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT MIAMI POLICE DEI3AR'TMhN'1'. ALONG WITH THE PLANNING DEPARTMENT, TO WORK WITH THE CODESIGNATION REVIEW COMMITTEE TO PROVIDE DOCUMENTATION AND IN17ORMATION ABOUT THE HISTORY OF THE PROPOSED INDIVIDUALS TO BF HONORED; AND FURT1iER DIRECTING THE MANAGER TO MAKE ARRANGEMENTS TO INVITE THE FAMILIES OF THF 1IONORED INDIVIDUALS TO BE PRESENT FOR THE CODI:SIGNATION CEREMONIES. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABS13NT: Commissioner Tomas Regalado. 275 R July 10, 2001 37. SECOND READING ORDINANCE: AMEND SECTION 2-892 AND ADD NEW 01 MON. 14 TO. CITY CODE TQ1 CRRATE AN'r) BST GISo CRY Dt'Sx uor TWA C 1SWRIC'PRESERVATION ADVISORY BOARD., Vice Chairman Cort: Commissioner Regalado is not back yet. Alejandro Vilarello (City Attorney): Mr. Chairman, before you move on to that -- Commissioner Winton has an item that's listod under his docurnents, that's a second reading of an ordinance. That's actually an item that Commissioner Winton brought up, but it really belongs to the Commission and it is a second reading. 276 July 10, 2001 E An Ordinance Entitled -- • AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 OFTIIR CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE AND ESTABLISH THE CITY OF MIAMI DISTRICT TWO HISTORIC PRESERVATION ADVISORY BOARD ("BOARD"); SETTING FORTH THE BOARD'S PURPOSE, POWERS, AND DUTIES; PROVIDING FOR THE BOARD'S SUNSET, MEMBERSHIP, TERMS OF OFFICE. VACANCIES, OFFICERS, PARLIAMENTARY Al1THORITY, RULES OF PROCEDt1RE, MEETINGS, VOTING AND QUORUM, ATTENDANCE REQUIREMENTS, ADMINISTRATIVE SUPPORT AND COUNSEL, AND MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 14 TO SAID CODE; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading, by title, at the meeting of May 24, 2001 was taken up for its second and final reading, by title and adoption. On motion of Commissioner Winton, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Johnny L. Winton Commissioner Arthur E. Tecle, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 129086. The ordinance was read by title into the public record by the City Attorney. Note for the Reegrd: Comments made during roll call. Walter Foeman (City Clerk): "this is District Item "A," 2A. Commissioner Regalado: Oh. OK. Vice Chairman Gort: OK. 277 July 10, 2001 WOMrx • • 38. APPROVE CITY'S CO-SPONSORSHIP OF EVENTS, PRESENTED BY MUSEUM OF SCItNCE AND SPACE TRANSIT PLANPTARTUM; AUTHORIZE MANA(3BR TO ALLOW FOR PLACEMENT OF LIGHT POLE BANNERS TO PROMOTE SAID fiVENT5. Commissioner Winton: I'm ready for these two. Vice Chairman Cion: You're ready'? Go ahead. Commissioner Winton: One is just a co-sponsorship -- a banner co-sponsorship Museum of Science and Space Planetarium. We just need Commission approval for that sponsorship. Commissioner Teele: Second the motion. Vice Chairman Gon: Moved and second. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-693 A MOTION APPROVING THE CITY'S CO-SPONSORSHIP OF EVENTS PRESENTED BY THE MUSEUM OF SCIENCE AND SPACE TRANSIT PLANETARIUM; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER 'f0 ALLOW FOR THE PLACEMENT OF LIGHT POLL BANNERS TO PROMOTE.. SAID EVENTS. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYhS: Vice Chairman Wifredo Gon Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Joe Sanchez 278 rrafigmm July 10, 2001 0 39 ACCEPT DONATION FROM NIKE AND MIAMI MEAT LIMITED PARTNERSHIP CONSISTING OF RESURFACING OF TWO BASKETBALL. COURTS AT ELIZABETIJ VHWCK PARK, S20, 000. Commissioner Winton: Second is a resolution accepting a donation from Nike and the Miami Heat for twenty thousand dollars (S20,000) to go to the Department of Parks and Recreation for resurfacing two basketball courts at Elizabeth Virrick Park, and request Commission to accept that resolution. Commissioner Teele: Second the motion. Vice Chairman Gort: Moved and second. Any discussion'? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-694 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A DONATION FROM NIKE, AND THE MIAMI HEAT LIMITED PARTNERSHIP, CONSISTING OF THE RESURFACING OF TWO BASKETBALL COURTS AT ELIZABETH VIRRICK PARK, WITH AN ESTIMATED VALUE OF $20,000; AUTHORIZING T14E CITY MANAGER TO EXECUTF THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifi•edo Cort Commissioner Tomas Regalado Commissioner Joluuiy L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 279 July 10, 2001 9 0 40. RELATED TO GOSPEL FEST TO BE GONrDUCTED BY ST. FRANCIS XAVIER CATHOLIC CHURCH IN PARK LOCATED INS' OVERT'OWN, AUGUST 18, 2001; AUTHORIZE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW; AUTHORIZE PROVISION OP IN-KIND SERVICES BY DEPARTMENTS OF POLICE, FIRE -RESCUE, AND SOLID WAiST; AUTHORIZE CASH GRANT, THE IN THE AMOUNT OF $2,500, TO BE USED FOR MISCI LLA)\EOUS EXPENDITURES BY ORGANIZER; CONDITIONING AID AUTHORIZATIONS UPON ORGANIZER, Commissioner Teele: On iiem -- District 5. Vice Chairman Gort: C;o ahead. Conunissioner Tcele: Move item "B". I don't know if -- 1 don't know why Item "A" is attributed to Inc. Move Iten" "B", which is a resolution granting the waiver for gospel fest, in the amount Of two thousand, live hundred dollars (52,500). They want to make that four thousand, five hundred dollars ($4,500) to come. ti-om the district 5 office hudget. Since the Manager didn't fill in the blank -- and I've got to tell you, you know. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: What's the motion? Vice Chairman Gort: The motion is to grant the four thousand dollars (S4,000) coming offthe Commissioner Teele: I want to know from the budget office, how much is the current operating reserves of the City of Miami? What's the balance right now? Linda Haskins: Linda Haskins, Director of Management and Budget. The undesignated fund balance is fourteen million dollars (S 14,000,000), approximately. Commissioner 'Teele: No, ma'am. The operating find -- the operating reserves for the City of Miami for the current year, based upon our five-year plan, For the current year. Ms. Haskins: The surplus that's budgeted for this year, is this what you're asking me? Commissioner Teele: No, ma'am. The operating reserves -- the two million, three million, foto• million dollars ($4,000,000) operating reserves that were required in our operating budget. Vis. Haskins: Yes, they're in the surplus -- the operating -- the additions to the various reserves are approximately five and a half million dollars ($5,500,000). Commissioner Teelc: Let me just say this, you know, just so everybody understands how this works. I put on here a request for a cash grant, which they want lorty-live hundred dollars (54500). That reserve cannot be carried forward. That reserve cannot be rolled forward, and the Oversight Board has been very clear that you don't get to carry operating reserves over. In other words, that does not get reprogrammed. That goes into a reserve account, based upon the way 280 July 10, 2001 _r�T�Lr:i�rs they put the budget in the past -- for the past four years. Now, once this Oversight Board is out, then, in December, January, February, when an audit comes down, then you can do that, but we've gone through this bet'ore, and I think it's ... Commissioner Winton: But if it cmi't be rolled over, where does it go? Commissioner Tecle: It boos into a deeper reserve. Vice Chairman Gort: Reserve. A deeper reserve. Commissioner Winton: Oh, OK. Commissioner T'eele: In other words, you cannot take -- you cannot use ... Commissioner Winton: Sounds like a good idea. Commissioner Teele: It is a good idea, on the surface, but what it does is, it does provide for the kinds of end -of -the year activities and one of the things that I'm going to specifically -- since the :Manager doesn'i want to spend twenty -Live hundred dollars (w2500) out of the reserves, which it can't roll over, is that I would like a report for the next meeting on how we can use the reserve iimds that we have this year to make the swimming pools free for the remainder of the summer. Ms. Haskins: This money is coming out of the events fund. That's my understanding. Commissioner Regalado: The swimming pools -- excuse me. The swimming pools arc free. Carlos Giniener (City Manager): '['lie swimming pools are free now? Commissioner Regalado: Yeah. Commissioner Teele: Why would somebody be ... Mr. Gimener.: I think, just like the budget director, I think -- I don't know why this is saying behind right now, but 1 think that the intent was to cone out of the event's fund -- Ms. Haskins: Events budget. Mr. Rollason: -- until we deplete that. Ms. Haskins: Yes. Commissioner Teele: Out of which fund? Ms. Haskins: The events budget. Mr. Gimenez: T'he events fiend. 281 July 10, 2001 Vice Chairman Gori: The event funds, that we had three hundred and fifty thousand. Commissioner Teele: All right. Then, but the management didn't put it in here. I mean -- you know, so, it's got a blank. So, I'll take it from the events fund. Vice Chairman Gort: OK. There's... Commissioner Teele: Of forty-five hundred dollars ($4500). Vice Chuinnan Gort: There's a motion. is there a second? Commissioner Winton: Second. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 0 1 -695 A RESOLUTION OF THE MIAMI CITY COMMISSION RELA'T'ED TO THE GOSPELFEST, TO BF CONDUCTED BY ST. FRANCIS XAVIER CATHOLIC CIiURCH (THE "ORGANIZER"), IN A PARK LOCATED 1N THF OVERTOWN NF,IGHBORHOOD ON AUGUST 18, 2001 FROM 12 NOON TO 6:00 P.M.; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW; AUTHORIZING THE PROVISION OF 1N -KIND SERVICES BY TILE DEPARTMENTS OF POLICE, FIRE -RESCUE, AND SOLID WASTE; AL7140RIZING A CASH GRANT, IN THE AMOUNT OF 54,500, TO BE USED FOR MISCELLANEOUS EXPFNDITLIRES BY THE ORGANIZI'-'R; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGAN17.ER: (1) OBTAININU ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL NI?CHSSARY COSTS OF ALI. OTHER CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THF.. AMOUNTAS PRESCRIBED BY THF CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALI. CONDITIONS AND LIMITATIONS AS MAY BE PRESCRJBED BY THE CITY MANAGER OR DESIGNEE; ALLOCATING FUNDS FROM THE SPECIAL EVEN'rS FUND FOR SAID GRANT. 282 July 10, 2001 Gall[gm (Here follows body of resolution, omittod here and on file in the Office of the City Clerk.) Upon being socondW by Commissioner Regalado, the resolution was passed and adopted by the followingvote: .. F Ali i7 AY13S: Vice Chairman Wifredo Gort Commissioner Tomas Replado ,x ' Commissioner Johnny G. Winton x ,cn',ammissioner Arthur E. Talo, A. qtr .x�ip NOno. �PopmmiSsio�' kr^` .sZ-€+rvi.n'` '. � '�z3fF a s+� 'Y"s�' + a'r'r-r•i iYbKYv9 r 'r' b. ♦ a..s e /r�' i� b 2 k a � w X 'q 14 t s $ }S< } e., f -n u � �+Yq •�`x-w � j 4. x � `r i 3 � 5z ,. a3 C F s r�� � vk + (vh �{� A�,*•B'k� '� t S. v ��.y r. - <ab t x _.�; `a a.�. : "a� r xt,Y t �' }z s 1 S r r , J. + r � Rj ���`"C��in � Y' P.a. �4�t, xaa >`j�a f ,?h �i� w t r',7 z� �, `an. � •�t,'?•v .e�'S �, y x 1 iR. t s 4 f re >o-}. kn' x iz Z� W� *�. r a ,� �v�; � . y, • 'k a ��.� a' k•Y�l� e49 !r ,, � Y';x t �b � t it '•�� �" r . �' � � xt �'�. ,J � t 283 July 10, 2001 41. AUTHORIZE MANAGER TO NEGOTIATE PURCHASE AND SALE AGREEMCNT FOR PURCHASE OF PLOT, OF LAND LOCATED BETWEEN ATHALIE RANGE PARK. AND 352 NORTHWEST 11 STREET FOR PURPOSE OF EXPANDING ATHALIE RANGE PARK. Vice Chairman Gort: Item "C." Commissioner Tecle: I would move item "C"', and it should not he to purchase, but to transfer the vacant triangular lot between the Athalic Range Park and 352. This is about, 1 would say, ten square feet of land that nobody owns, but the County. It's just there. It collects garbage, furniture, and it's just an irregular -- I don't know how the thing got lett like that, but it just continues to be a point for the NET (Neighborhood Enhancement Team) Office to collect. So, we're asking, whatever it is, that the Public Works Department provide all the documents and requests; that the County just transfer that. It's an unusable, unusable piece of land -- Commissioner Winton: And transfer it to -- Commissioner Teele: -- right underneath 3 -- underneath 95. Commissioner Winton: -- the park. Commissioner T'eele: And 1 would so move -- Commissioner Winton: Second. Commissioner Tccic: -- that the request be that the City trans -- that the County transfer that land to the City for the purpose of the Athalic Range. Vice Chairman Gort: Park. Commissioner Winton: Park. Park extension. Carlos Gimenez (City ,Manager): So, the request would be for us to request the County to (INAUDIBLE). Commissioner Teele: Exactly Vice Chairman Gort: So we can have other parks. Commissioner Winton: For use as an extension of Athalie Range Park. Vice Chairman Gott: It's been moved and second. Commissioner Winton: And let them say no to that. Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." 284 July 10, 2001 • • The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Tecle, who moved its adoption: RESOLUTION NO. 01-696 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO ENCOURAGE MIAMI -DADS COUNTY TO TRANSFER TO THE CITY OF MIAMI OWNERSHIP OF A PLOT OF LAND LOCATED BETWEEN ATHALIE RANGE PARK AND 352 NORTHWEST 11TH STREET, MIAMI, FLORIDA, EXPLICITLY FOR THE EXPANSION OF ATHALIE RANGE PARK; FURTHER AUTHORIZING; THE: CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT (S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID TRANSFER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None, ABSENT: Commissioner Joe Sanchez 285 July 10, 2001 n�� • n LA Vicc Chairman Gort: Commissioner Regalado, it's your turn now. Commissioner Regalado: Yes. I would like to defer "A," "B," "C," the report on NEI' 9 will be delivered to you before the July 26th meeting. 42. CODESIGNATE SOUTHWEST 19 AVENUE FROM SOUTHWEST 8 STREET TO SOUTHWEST 12 STREET AS "BOBBY FULLER WAY" (SEE NUMBER 17 AND 88). Commissioner Regaludo: I have here a resolution for the City Commission to approve the City of Miami a Sheet C odesignation Committee recommendation on the -- the codesignation of Southwest 191h Avenue, from Southwest 81h Street to Southwest 12th Street as Bobby Fuller Way. So, I move it. Commissioner Winton: Second. Vice Chainnan Gort: It's been moved and second. All in favor state by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-697 A RESOLUTION OF THE MIAMI CITY COMMISSION TO CODESIGNATE SOUTH WEST 19TH AVENUE FROM SOUTH WEST 8TH STREET TO SOUTH WEST 12TH STREET, MIA..MI, FLORIDA, AS "BOBBY PULLFR WAY"; FURTHER DIRECTING THE CITY MANAGER TO 1NSTRUCI' 'IIF. DMCTOR Of PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chainnun Wifredo Gort Commissioner Tomas Regalado Commissioner Johnny L. Winton NAYS: None. A13SENT: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. 286 July 10, 2001 • 43, FIRST READING•ORDINANCE: AMEND SWTIONS•6.5 AND 6.4111 OF -CITY CODE ,:,gWfTLED "ANIMALWIN QEMMAL/ MS" TO INCORPORATE PROVISIONS SET P'OATH IN CHAPTER 828, FLORIDA , STATUTES (2,004) CONCERNING CRUELTY TO ANIMALS AND TO PROVIDE FOR PENALTIES. Commissioner Regalado: I have -- 1 had also a first reading ordinance, which would amend chapter and Articles I and 11 of the code of the City of Miami, as. entitled animals in general dogs to incorporate the provisions set forth in Chapter 828, Florida statute, concerning cruelty to animals and to provide for penalties. So. I move this on a first reading basis. Mr. City Attomey. Vice Chairman Gort: OK. Read it. Roll call. 287 July 10, 2001 nQam— • 44. DISCUSSION CONCE",\ G OUTSOURCING OF ACQUISITION SERVICES ADMINISTRATION (GS) • ANALYSIS OF BENEFITS/COSTS TO CITY FOR AND ISSUANCE OF SPARE PARTS 'IN GENERAL ) AND FIRE DEPARTMENTS. Commissioner Regalado: The other item is -- I don't know. I ,just want file Manager to tell us about the audit that Mr. Igwe did on the GSA (6cneral Services Administration) and the spare parts, and why we're paying; this company and also paying City employees for the same job, and I think that the City is spending more than two hundred thousand dollars (VM,000), something like that, in that audit. Thal's what 1 read in Mr. 19we's audit, which, by the way, i really congratulate you, sir. Victor Igwe: Thank you, sir. Victor Igwe, internal audit. I believe GSA hus taken sonic actions to put out the titles for bid, and I believe the GSA Director's here to provide that information. The audit determined that tires had been purchased without a benefit of competition, and there were also some inventories that hadn't been taken, but I was advised, as of ,yesterday, that inventories had been concluded. if GSA should go out and get competitive bids for the tires, then, I believe, the City will be saving, you know, tremendous amount of nroncy, because the City -- during the audit period, the City had purcha.ed about five hundred thousand dollars ($500,000) of tires without the benefit of bids. Commissioner Regalado: So, can we -- Mr. Manager, can we just got rid of the NAPA (National .Auto Parts Association) contract'? Mr. Carlos Gimenez (City Manager): No, we think the NAPA contract, in general, is at good contract. We do think that -- what we need to do though is stet bids for the tires to have -- and get competitive pricing for the tires for that NAPA contract. I'll have file GSA Director bo and address those concerns. Commissioner Regalado: Ycah, but we're not talking -- l wasn't talking about tires. 1 was talking about duplication of services. City employers and NAPA employees. City paying NAPA and City paying employees. Mr. Igwc: Now, the issue that we had in ... Commissioner Regalado: That's what I read in your report. Mr. Igwe: Oh, you mean the City employees that work for NAPA? They no longer work for NAPA. They've been reassigned to work for GSA, and there was only one employee that worked for NAPA. Commissioner Regalado: I read -- your report said that parallel. that City employees were supposed to be transferred and not being paid. Mr. Igwe: Right, 289 =ZrI1Za[ssl. July 10, 2001 Commissioner Regalado: While NAPA employees did the work, but according to your audit, NAPA employees were working and on the same type of work -- Mr, Igwc: Right. Commissioner Regalado: -- City employees were working. Mr. Igwe: Yeah. Commissioner? Commissioner Regalado: So, we were duplicating. Mr. Igwe: Right. Let me clarify that. We did an analysis to compare the costs and the benefits of outsourcing the acquisition of spare parts and tires, and it so happened that befbre the outsourcing, there was no cost benefit analysis done to determine whether it would be beneficial to the City to perform that function in-house as oppost•d to outsourcing the function, and we did find out that when the -- that particular function was outsourced, there was no budgeted positions that we eliminated to compensate for the outsourcing; of that particular function, and we did recommend that -- a determination of the contract, that the GSA department completely re- evaluate, you know, the entire outsourcing function to determine the costs and the benefit and then to go ahead and continue to outsource if the benefits exceed the costs, but we did find out, though, that the spare pails that they do purchase from NAPA is considerably cheaper than the spare pails that was acquired from dealers, local dealers. But, again, when you put out all the costs and compare it to the benefits, the entire costs probably negates the entire benefits that we - - you know, we obtained as a result of the Outsourcing because there was no real costs heneftt analysis done prior to the outsourcing. And if you also, you know, incorporate the time elements, which is not being outsourced, then -- I mean, if you take care of the tire, then, I believe, the City probably will be getting a better deal than what they have: -- currently have. Vice Chairman Gort: I hope -- wait a minute before we go on. l hope Commissioner Teele's listening and Commissioner Sanchez or -- if not, we don't have a quorum, guys. Commissioner Regalado: The thing is that -- UK. Joel E. Maxwell (Deputy City Attorney): Commissioner? Commissioner Regalado: You know, I -- it sounded ... Mr. Maxwell: Can you hold for one second'? We're not quorum, please. Vice Chairman Gort: We're just discussing. We're not going to take any vote. We have a quorum here. Mr. Maxwell: (INAUDIBLE). Commissioner Regalado: He's here. We have quorum. 290 July 10, 2001 Frank Rollason: Commissioner Regalado, Frank Rollasou, Assistant City Manager. Even though positions were not eliminated, there were people that had been working in the Panics room that we were able to move back into the classifications of the work that they were supposed to be doing with that classification. So, there were mechanics that were freed up, there was a plumber, 1 think, that was freed up, that went hack over to a fuel attendant. So, there were people that GSA had to pull from the ranks to be able to run a parks room that were able to go back to their positions, their Civil Service positions, and perform a function. So, we gained in the fact that we were able to get those people hack on-line doing the function that they weren't doing heretofore. In addition, when we talk about the tires, the issue on that, that the audit showed, was that if we were to require NAPA to go out to bid and have competitive bids for the tires and for its to review those bids and see that we're getting the best prices, and they have agreed to do that, and that's in the process of being done. So, it's true that people were not eliminuted and went away by bringing NAPA in, but we freed people up to go back, and so we picked up employees at regular duties. So, there was a net benefit or gain to the City, or to the operations out there. Commissioner Regalado: Well -- Frank, OK. I'm fine with that. But, you know, Mr. Igwe has been on the dot -- Mr. Rollason: Yes, sir. Commissioner Regalado: -- also always on all his audits, and when you reud that, it really looks bad. Mr. Rollason: I saw the same thing what you saw when I read it, and then when i got with Alex -- I said, well, how -- you know, what's the advantage of doing this, and the advantage was that those people went back. So, the salary stayed, but we picked up some bodies, Commissioner Regaludo: OK. OK. Vice Chairman Gort: Questions. Commissioner Regaladu: We are Vice Chairman Gort: I'd like to -- at the end of the term with NAPA the one year, I'd like to find out at the savings, if we've had any savings in the purchase of the ditt'erent equipment. All right? Mr. Igwe: What was the question'? I didn't get the question, sir. Vice Chairman Gort: OK. I what we'd like to sue, since we did not save in employees, I'd like to see that this NAPA, if there is really a saving in the purchases of the different -- in the different equipment or stuff that we buy? OK. Mr. Igwe: Yeah. OK. That's what GSA has to address. Vice Chuirman Gort: Thank you. 291 July 10, 2001 11111110. Mr. Rollason: I think, also, is the turn around time on equipment, and what's happened with having parts available and getting it quickly. I mean, we have cut through a lot of the purchasing issues that kind of slowed us down in costs and they handle all of that. So, there's a ... Vice Chainuan Gori: That's part of the benefit that we need to show to the people that takes place. It's important -- Mr. Rollason: Right. Vice Chairman Gort: It's important -- we understand it, but it's important that the public understands elso. Mr. Rollason: We can do that. Vice Chairman Gort: Thank you. Commissioner Regalado: One thing that I don't understand. If we're circumventing the contracts, can they sue us? I mean, if NAPA doesn't have to go out to bid, but we have already contracts that have not been honored because we're buying the tires and others around, are we in trouble from the legal point of view? 1 mean, we're saving probably some dollars, but if we are not honoring the contracts that the City award, and NAPA is going outside the bids and buying tires. Mr. Rollason: I -- from my recollection, that last go round with tires, never passed this Commission. It was never awarded. Commissioner Regalado: I'm just asking. Frank, I'm asking if we have any outstanding contracts? Mr. Rollason: OK. Commissioner Regalado: We don't, at all? Vice Chairman (!on: if we go out for bid on tires, do we have a breach of contract? Mr. Rollason: Police pursue tires. But we -- listen, I don't have a good answer to that. I'm going to have to look at that. The big tire contract that we had the controversy over, that was not passed, I don't believe, by the Commission. Commissioner Regalado: No, no, no, no. No, no. Mr. Rollason: But there was an issue with police pursuit. Commissioner Regalado: I'm saying -- you're saying that it makes sense, which I really agree with you, for NAPA, because they don't have to go out to bid, but I'm saying, what if we have an 292 July 10, 2001 • • outstanding contract that we're not honoring and we're circumventing the contract, and we're buying the tires from other sources without that contract, which may be expense here. Mr. Rollason: Right. What l think -- maybe Judy Carter can explain it. But I think there is a contract for pursuit tires and 1 think we're using that. Mr. Igwe: We're not paying the price that ... Mr. Rollason: Right. We're paying a higher price. We're paying a con -- Mr. Igwe: We're paying a contract price. Mr. Rollason: Right, we're paying a contract price on that, and it is a higher price, and we got through ... Commissioner Regalado: That's what I said. That's what I asked. Mr. Rollason: You're right. 'that is correct. 293 July 10, 2001 • 45. COMMENTS BY COMMISSIONER REGALADO CONCERNING RECENT HARASSMENT INCIDENT BY CITY ADMINISTRATION REGARDING HIS SON AND CITY'S SUMMER PROGRAM. Commissioner Regalado: Mr. Chairman, the last item is -- I placed this item and i says -- it reads discussion conceat,ng the harassment of elected official by City of Miami administration personnel. I feel that that elected official is me. I said that I feel that that elected official is me. Let me go back a tcw months and tell you that the City has a summer selling camp, and this summer selling camp is in Kennedy Park and I think in Morningside, too, and my son heard that there were openings fill lifeguards. He -- last two summers, lie had to do summer school, so lie couldn't attend the canip. only visit once in it while, but he loved it. And when lie said that they waIlted to do that, heconle a lifeguard, 1 asked the City Attorney if there was any problem, and he said, "no, there was not any problem." so, we went and paid filly dollars ($5(1) on a money order, as requested, on a park to -- for him to take this lifeguard course. 1 took hila to several places. Was a pool in Liberty City and another in Jose Marti. They had training -- he did about thirty hours. Passed the course. Then we paid the health tests, which he had to do in cedars, I think. Passed it too. Anti all of the children in that group passed and were given it part-time job. So, when he was about to start, if person in charge of the park got a call from Angela as Human Resources director, askin� that person if-- was it OK or was it legal -- i don't r: member exactly - - that my son work there' I understand that that is a concern, However, I feel that the process was not followed hccauae no one called (lie City :attorney to ask him if that is something that should not be permitted. Then there was another call. And since there is a very strange climate, I wanted to bring it to Clic Coamiission to make it public because there was also a very sudden interest of the office ot'tl,e Mayor In that summer camp, and, you know, I really want to believe ilex the Mayor is interested in the well-being of the kids of Miami. Ninety-five percent i believe that, but there's a five percent that, because of his track record investigating Commissioners, lie would want to know about niv son. So, yes, my son works in the Citv. The City Attorney has issued in opinion, it wricrri opinion, because he also gave it to tie verbally. and I understand that he then spoke to other staff members. So, 1 just -- I felt that I was being harassed because I did what the pro cyst told me to do. — first thing 1 did wus to call the City Attoniey, and when he said it was OK, I started the process, and never asked anybody about that, and he went along in the process. Arid I felt that those culls to (pity employee had a chilling effect on the employees that supervise my son and it also created an anguish in my son, after he went through all the process and ,%. told that he passed everything, that he could or lie could not work. So, my message is very clear. as a politician, I am fair game, but do not mess with my family, especially with my son. And I don't want to blame anybody, but 1 just want to say here, there, I am not afraid -- Commissioner Teele: Who. about your wife? Coin ill issioner Regalado No, no, no. Look, my wife has already a program. She is more opinionated than I am. She can ... Commissioner Teele: Be carelitl. You've got to go on tonight. 294 • 0 Commissioner Regalado: No, no, no. She can defend and she docs defend herself: But my son is fragile because he's a child, and she would tell you the same that I'm saying to you. So, I'm saying to anybody, do not mess with my children, and that's the extent of it. Commissioner Teele: All right. Angola Bellamy: Commissioner, Angela Bellamy. Commissioncr Teele: Did he ask you anything? Commissioner Regalado: I didn't ask you. Angela. Ms. Bellamy: Excuse me. 1 would.just like to correct the information that you've just provided. Because 1 did... Commissioner Regalado: Angela, I did not blame you. I do not wish to engage on a controversy with you because I didn't lie when I said what I said. You did made a call. Ms, Bellamy: But I -- 1 made a call, but I did not ask that individual ... Commissioner Regalado: You did not talk to -- you did not talk to the City Attorney before making that call? Ms. Bellamy: I called to gest intbrmation, not to ask for a legal opinion to ask one piece of information, and that was whether the individual, your son, had been a participant in the camp because the City Attorney had provided a legal opinion in May of 2000 based on the tact that the counselors had been prior participants in the camp. I asked that one question so that when I called the City Attorney to ask him a question, as to whether there was any conflict, I'd have the piece of information for him, and that was it. Commissioner Regalado: Angela, the same -- according to the City Attorney, since duy one, that I asked many months ago, the same opinion that 1 was given to you for your son to work there -- Ms. Bellamy: Yes. Commissioner Regalado: -- it is good for me. Ms. Bellamy: And that was exactly what I wanted to know, so that when I spoke to the City Attorney, l would have that information. I asked the City Attorney because I wanted to -- Commissioner Regalado: You know, I'm sorry. I'm sorry. Ms. Bellamy: -- sign off on the paperwork so that it could be processed -- Commissioner Teele: Well, l want to know, can my son he there? 295 C� Ms. Bellamy: --right away. • Commissioner Teele: What's wrong with my son? Why can't he be one? Commissioner Regalado: Well, he can he there. There's no problem, although I am sure that you're going to be investigated. Commissioner 'l eele: I don't know what all this is about, but I tell you what... Ms. Bellamy: All T was trying to do was diligent so that if there was a question, I would bring it to your attention. Commissioner Regalado: Well, well ... Commissioner Teele: But I think we ought to move on because, you know, you didn't make a -- I don't think Ms. Bellamy needed to respond. You didn't bring her in and it's all really inside baseball. Commissioner Regalado: No, no, no. Com►nissioner 'Teele: Half the people -- I don't know what's going on. Looks like everybody's son, but my son -- he can't even swim, but looks like he ought to ut least be considered if everybody else's son is being considered. But why don't we just move on. It's 9:00, and ... Commissioner Regalado: Well, that's true. 1 -- Arthur, 1 really want to do that, but I had to say this because the only forum that we have -- Commissioner Tecle: Is the Commission meeting Commissioner Regalado: -- is this Commission meeting. 'That's all. Because you can go out and do it in the press and all that, but it doesn't have the weight and the seriousness of doing it here. So, 1 didn't blame anybody, but 1 just want to say, you know, that it happened raid that I felt bad, really bad. Vice Chainnan Gort: Is he working or not? Commissioner Regalado: Of course lie's working. Vice Chainnan Gort: Olt, OK. Commissioner Teele: All right. Vice Chairman Gort: Okey duke. Mr. Carlos Gimcnc7 (City Manager): Commissioner, my may I make one final continent on this? Sorry Ilia( you felt that. There was no intention in there, and 1 clearly assure you that if any 296 46. DISCUSSION CONCERNING ENFORCEMENT OF OUTDOOR. ADVERTISING FACILITIES. Commissioner Tecle: Six o'clock time certain on this outdoor advertising, and it's time that we go cm ahead and dealt with this issue. We've delayed it; we've stalled it, and the only question now is, did we rent the jeeps to get thein down tonight? Vice Chairman Gott: Yes, sir. Mr. Dennis Wheeler: Dennis Wheeler, Director of NET (Neighborhood Enhancement Team). Several months ago administration was directed to go out and do a survey and try to identily the magnitude of the problem out there. The document that we submitted to the Commissioner -- Commission is what we have done and we're going to attempt to tell you what the prohlem is on a -- about a 10 minutes slide presentation, with your permission. But having said that, we passed out a document -- a supplement to our report earlier, which says City Commission meeting of .luly 10th. This is an updated version, and a condensed version of our original PowerPoint presentation. So, having said that, Sergiu Guadix, Chief of Code I:nlorcement, will give you a prescntation. Mr. Sergio Guadix: Good evening, Commissioners. I was going to say good aficrnoon, but it's turned into evening. I would like to present to you some of the work we've done cuncerning these billboards, and if you could turn the slide, please. Commissioner Teele: Sergio, would you give your name and address for the record, please. Mr. Sergio Guadix: Sergio Guadix, the Chief of Code Enforcement for NETS. I was warned that you would be asking rile that, sir. The four categories that we're going to be going over in this slide presentation include the rules an regulations, which is Zoning Ordinance 11000, the facility survey, which is the field work that we did, the comparative data statistics, and the enforcement programs staging. OK. 'There are two important categories that you need to know of. First is the C-1 and more restrictive zoning districts, which stands alone when it comes to enforcing, and the second one is the liberal commercial C-2 or less restrictive zoning districts. Within this category, you're going to have three sub categories, which are billboards between zero and 200 fcot from the limited access highways, then you have the 200 feet to 060 feet from the limited access highways, and then 660 and more, and we will have -- we have a graphic in the next slide that gives you an idea of what we're talking about. There it shows you from zero to 200; then from 200 to 600 and 600 and above, and that makes a difference when it comes to enforcement, and we'll explain that later on. The restrictive commercial C -I and more 298 July 10, 2001 1111i1m, restrictive zoning districts must he removed pursuant to 1107.2. 1107.21, in all residential districts, nonconforming signs shall be removed within one year of the effective date of this ordinance. That's in residential districts. Then, in any district other than residential districts, any sign, billboard or commercial advertising structure, which constitutes a nonconforming characteristic of use may be continued subject to the following limitations, and that states that any such signs, except root' signs, shall be completely removed from the premises within five years from the date it became nottcontin-ming. And that's when you hear about the C -]s, that they have to be removed. That's where that comes in. Please, next slide. Now, in the liberal commercial C-2 and less restrictive end zoning districts, the billboards between zero and 200 lcet from the limited access highways, if quantity -- the most that you can have in there are 10 permitted by Cily-wide, and that's also per zoning ordinance and resolution for each one of them. The maximum height is 65 feet as measured from the nearest aJjacent arterial road or 50 feet, measured from the crown of the main traveled road. The structure must he unified, which is only one pole. Maxintum two phases per structure. The orientation must lie back to back, at an angle, of at most 30 degrees lions each other. Each phase may measure at most 750 square feet, and landscaping -- this is a big one - is one shade tree for the first five hundred square feet on site, and one shade tree per each additional thousand square feet off site, and there must by irrigation. It's not mentioned on there, but there trust he irrigation. Now, from 200 to 660 feet from limited access highways, the maximum height is 30 feet; the orientation must he parallel to the limited access highway, or at an angle not greater than 30 degrees with respect to limited access highways. Surface area, again, is 750 square rect max, and the landscaping is the same. The billboards over 660, the only difference here that you're going to find, you still have the same height, the surface area. At this time, the angle doesn't matter. It could face any way. Now, before I go into the actual field work survey, I want to let you know, we didn't take into consideration the actual landscaping requirement because if we would have taken that into consideration, we would have just put other billboards up there. None of thorn comply, as far as the ones thut we saw. I just waul you to know. But that is something that can be fixed. Under C-1 and more restrictive districts, we had a 165 billboards in C-1 or more restrictive zoning districts; 11 billboards in C-1 or more restrictive zoning districts had permits. That's 11 out of the 165. A hundred and seventy- four billboards -- and 1 want to also clarify this. When you see billboards, we mean sites. We don't mean one particular billboard. Because each site may have two or three billboards in that site. A hundred and seventy -tour billboards in the C-2 or less restrictive zoning districts. Thirty-seven of those we found pennits for. The other ones we didn't. And in C-1, we had 31 billboards between zero to 200 feet from limited access highways. Remember, there is a maximum of 10 that can he there. We had 47 billboards between 660 feet from the limited access highway, and then 87 over 660 lbet away. On the C-2 or more restrictive side, we had 33 299 July 10, 2001 billboards. Between 33 billboards, between zero and 200; and then we had 47 between 200 and 660, and 92 over 660. C-1 or more restrictive districts, 47 billboards were nonconfonning. That was nonconforming with the height, with the angle. OK, and then 128 billboards in C-1 or more restrictive zoning districts were conforming. Then on the C-2 side, C-2 or I,-, restrictive, we had 75 were not conforming and 99 were conforming. Of course, these are the 10 billboards, which were approved by ordinance. These are not part of that survey because they have their permits and they are approved by zoning ordinance. Commissioner Teele: Let me just understand one thing. Do we know which of the 10 -- those 10 are? Mr. Sergio Guadix: Yes, sir, we do. Commissioner Teele: And how many are in that area that are not one of the 10? Mr. Sergio Guadix: How many in the area? There are approximately -- that we saw -- there are a total of 64 and plus the 10, so that's 64 that were not the 10, if that's your question. Commissioner Teele: There are 64 within the 200 feet of a limited access highway? Mr. Sergio Guadix: Correct. And then you have plus the 10, which makes it 74. Commissioner Tee;e: There are 74? Mr. Sergio Guadix: Altogether. And only 10 are allowed to be there. Conunissioner Teele: Well, let me ask you this: Do we know who the owners of the legal 10 are'? Mr. Sergio Guadix: We have the owners and we have the permits, everything on file, yes, sir. Commissioner Teele: Do the legal 10 have any of the 64 that are there? Mr. Sergio Guadix: I'm sure that they do. I would have to look at the survey again, but I'm sure that they are. Commissioner Teele: All right. Mr. Attorney, this is a specific question. If the legal 10 300 July 10, 2001 n��� have any of the 64 that are there, then we need to have a separate discussion on how we repeal the legal 10 because what they're not going to do is they're not going to basically get 10 legal and then start cheating. In other words, we need to figure out right here and right now, later on this evening, how do we go ahead and go after the companies? Because this is not ,just about billboards. This is about somebody putting them up. The companies that have -- the legal 10, if they have 60 -- a part of the 64 illegal, then let's go after them for the 10 as well. So, go right ahead. And I'd really like to see a distribution of who has the legal 10. That's the question that 1 need you all to provide us that information. Mr. Sergio Guadix: Yes, sir. Now, we have a couple of comparative data for you and some graphics so that you can see, over here 52 percent on C-2 or less restrictive and in C-1 you have 48 percent. And here, out of the C-2 or less restrictive had -- 1 I had permits, which makes it 7 percent; in 93 did not have permit -- or 93 percent did not have permits. Commissioner Teele: Say that again. Seven percent were legal? Commissioner Sanchez: No, Had permits. Mr. Sergio Guadix: No. Seven percent have permits. OK. Remember, all in C-1 -- in C- 1, they're all -- right now, as we stand, they're illegal, really, because they're not supposed to he there. But we were asked at one time to find out, out of those that were there, C-1, how many of those had pennits, so we're letting; you know that. Commissioner Tec1c: Ninety-three percent what? Mr. Sergio Guadix: Ninety-three percent of those, 150 -- 165 do not have permits. Commissioner Sanchez: Point of clarification. Just a point. In C-1, out of the 165, only 11 had permits, correct? Mr. Sergio Guadix: Con,ect, that we could find. Commissioner Regalado: Excuse me. How... Commissioner Sanche7.: Most of them are in District 3. Vice Chairman Gort: Right. They'll have to get rid of them. Period. 301 July 10, 2001 �Z�11>3.Ie� Commissioner Sanchez: Yeah. Commissioner Teele: Say again. Vice Chairman Goat: They have to get rid of all of them. That's something we've been saying for a long time now. Let's go. Carlos Gimenez (City Manager): They're all illegal, l 1 (inaudible) permits. Commissioner Regalado: Excuse me. I low tar back you look for permits? Mr. Sergio Guadix: We went back as far as all -- the City goes hack with our records. All the way back as far as we could find. Now, in the C-2 -- area C-2 or less restrictive, we had 37 billboards that had their perrttits, and 137 billboards that did not have their permits, which makes it 78 percent without, and 22 percent with permits, Commissioner Tecle: You know, this City has been made a fool of. You said 78 percent don't have permits? Vice Chairman Gort: Right. Mr. Sergio Guadix: That's correct. Commissioner Teele: And we ve gone around here and beat up here for not having garbage and illegal housing units, acid this, that and the other, and these outdoor advertising people, nobody's done a thing with for five or six years? Commissioner Sanchez: Longer than that. Now we're addressing the issue. Mr. Sergio Guadix: Probably much longer than that, sir. Go ahead. OK. And the billboard C-1 district conforming, you had 77 percent and nonconforming, 23 percent. That's -- again, I want to clarify. When we say about the C-1, conforming with the different items, such as the height and angle and everything, but they're illegal anyway, even if they conform. .And now in C-2, in less restrictive, you had conforming 57 percent, and not conforming 43 percent. And now this just gives you a breakdown of 660 or more -- 660 feet or more away from the limited access highway, you had 53 percent; 200 to 660 you had 28 percent, and zero to 200 feet, you had 19 percent. Go ahead. 'that was -- and I want to clarify. That was tinder C -I or more restrictive. Now, in C-2 or loss restrictive, you have 660, 54 percent; 200 to 660, you have 27 percent, and then zero to 200 you had 19 percent. 302 July 10, 2001 Commissioner Teele: Mr, Chairman? Vice Chairman Gort: Mr. Manager? Mr. Gintenez: Yes, sir. Vice Chairman Gort: Our question was for staff— and I think they've done u terrific job and a great job, and with a lot of statistics. Our question was, any of the illegal signs that are there, what procedure we're: going to do to get rid of them? Let's go into that. Commissioner Teele: Yeah, you're killing us. Look, it's 9 o'clock. Mr. Sergio Guadix: This is coming up. This will be coming up. Commissioner Teele: Sergio, it's 9 o'clock. You're killing us with information. I mean, there's nothing we can do. Mr. Sergio Guadix: OK, Commissioner Teele: Just get to the enforcement. I mean, you know, this thing has gone on long enough. Mr. Sergio Guadix: OK. Let's go to the last -- go ahead. Go ahead. Basically, our _ enforcement is going -- in four phases. Phase one, we've already done the first phase, which is, we sent notice of violations to all the C-1 -- all the billboards that are in C-1 or less, they will be set to go to Code Enforcement in the September Code Entbrcement Board hearing. That's already in progress. Then we're going to phase in -- as you go to phase three, we're going to send notice of violations to the nonconforming billboards in all other zoning districts and, remember, we can't kill also the Code Enforcement Board because we already have hundred of cases going on, so we have to do this by phases. So, we're going to start sending notices of violations to the billboards that are in other zoning districts, and follow through with Code Enforcement. Commissioner'feele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Tecle: I totally reject your recommendation. look, back in Septomber I did a walk-through, I think, with the Manager -- Assistant Manager, and we saw some -- 303 July 10, 2001 $1R1MINs it was about a derelict house, about the same time the Miami Times or the New Times was doing stories. Frank, you'll remember that. And we were all there. Around 14"' Street and I" Avenue, we were looking right there at a derelict building next to a church, and we had had all kinds of complaints. hi fact, there had been a Channel 10 story. Like a fool, 1 said, leVs give the industry an opportunity to conic forth with Some ways to mitigate and compromise. That was in October, I think. Like a bigger fool, we appointed a committee and gave them extended tine to come forth with recommendations and they basically cane and they basically gave tis the old one linger wave, that committee did. They didn't deal with any of these issues. They started licking the plate, talking about what else they want. Then we had the public hearing, and there was legislation going on in Tallahassee. Candidly, it wasn't that I wanted to give the billboard industry a bit; break, but I didn't want to get a new energy associated with legislation that was in lite last 30 days of the state legislature. They went and made a run to get, in effect, a preemption of' the authority of this City Commission, by some careful disgu,sed plan in the DOT (Department of Transportation) bill, which got tucked and, unfortunately, was vetoed by the Governor. Now, the last time we met on this. I said, well, let's give the management more time to meet with them, like the biggest fool -- 1 said, let's give the management the time. I've been listening to the industry. 'f hey said they were going to have a mitigation plan today, but they said they were going to do that in December, and they've all said, well, we need a little more time. You know what I'm learning here now is this industry, hasically, has total contempt for this Commission and this City, and you know why'? For very good reason. Because for at least -- since 1995, which is at least six years, they have operated in total violation of their own agreements; their agreement to antorli7c, going back to 1990, which would have; completed in 1995. So, you know, this ltas been an I 1 - year stall that we're dealing with now, and I'm personally offended with this industry because they gave me their assurance that today there would be a compromise on the table, a plan, an ordinance. And I even had discussions with the industry about let's look at this on a district -by -district basis. I said, let's start with Commissioner Winton's district because, clearly, there is a strong sentiment in that area. I'm prepared tit sort of, like I did today in Community Development, go behind the people who want to go first to bet rid of the billboards. But, you know, when an industry tells me they're going to conic to the table with something and they're all sitting around sort of waiting to see what happens with that one finger wave, you know, in the back or their ininds, you know, saying "I dare you", I don't think we have a choice. This industry has confronted this Commission. They have basically conte to me and said they're going to do a mitigation and something that the industry could live with. We talked about maybe a voluntary contribution to Parks within -- district by district as une option. I said, well, look, I don't want to commit any Commissioner to what's important in those districts, as long as it's a Public Facilities issue, if there is drainage problems, and you all want to work out something, then let's work throttblt this in an intelligent way. Maybe we could restart the 304 July 10, 2001 • clock and give you a -- with a plan to amortize over 24 months or 12 months or 18 months. There's any number of things. But, basically, what they're saying is, we'ro just going to stall and play with you buys as long as you all let us. So, my position is, what you ought to do is go to Hertz Rent -a -Car and rent sonic jeep Lorcnzos or Laredos or some of those Camanche jeeps -- Vice Chainnan Gort: We have them. Commissioner Tcele: -- and tic them -- tie some chains to the poles. And, you know, I've got sone folks down in Overtown and some other places that need to work tonight, and as far as I'm concerned, before anybody can go get a court order, we ought to go ahead and do to them what they've been doing; to the public. We ought to tear that stuff down tonight, to the extent that we could do it, and then be prepared to take the court summons and meet them in court. Because what has happened here is that you have an industry that basically has become lawless. When you've got 80 percent -- 90 -- did you say 93 percent is illegal and noncomplying? 1 mean, you know, 93 percent of 64 -- you've got 10 legal and you've got 64 illegal? I mean, 1 think, you know, you've got to fight fire with fire. And this industry has basically said to this Commission and this Commissioner, we don't give a damn about you. We're going to play the game. We'll stall. We'll stall and we'll see you in court. And they're counting on a court action. They're counting on a ridiculous, Sergio, that you gave us about starting; Code Enforcement in September. What is the legal minimum time that we can start Code Enforcement by our ordinance and by state -- by law? Mr. Wheeler: We -- Dennis Wheeler, Director of NET. We could cite all -- we've already cited the billboards in C-1. We could cite all the billboards in C-2 tomorrow; give them 10 days, and schedule them for the next Code Enforcement Board hearing, which would be in September, unless there was a special meeting. Mr. Gimenez: Commissioner, then (tic alternative would he for us to come hack to you with a special master process, just for (inaudible), Commissioner Tecle: Well -- but you sec, then you're going to have an ordinance and you're going to tie right back to September. Why does it have -- I thought you only needed 10 days. Mr. Wheeler: You need 10 days, but the hearing board works with a tremendous caseload down there. The cases would have to be scheduled... Commissioner Tecle: Mr. Weaver -- Mr. Wheeler, you're not hearing; me at all. You 305 July 10, 2001 �IIIIE[�if take that caseload and you suspend it for 90 days. Whatever caseload they have, suspend it. Put it aside. Let's bring these cases to the front of the list. Let's stop playing around with this industry. Just -- who's the Chairman of the board? Mr. Carlos Gimcnez (City Manager): Commissioner? Commissioner Teele: Who is the Chairman of the Code Enforcement Hoard? Commissioner Sanchez: Chuck McEwan. Mr. Wheeler: Chuck McEwan. Vice Chairman Gort: He'll have a meeting every night if he has to. Let the Chairman call the meetings and... Commissioner Teele Then let's go with Mr. McEwan, and let's get a meeting to start within the minimum time. Let's start with the ones on the interstate. Forget the C -Is for a minute. Let's start where the money is. And to the extent that this industry basically refuses to come forth with a compromise, let's start with the C -- with the ones on the interstate, and let's request that board to go into session and let's schedule them for five days in a row, and then the next five days, and let's basically ask them for their cooperation. This has gone on long enough. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: We requested that lung time ago, and this should he done. Period. Yes, sir. Commissioner Sanchez: Mr. Chainnan -- Sergio -- I mean, Mr. Wheeler, isn't it ironic that we can go into a vacant lot, cut their yard, and later on send them a bill, and then, you know, we can't tear these billboards down? Commissioner Teele: 1 think you can. I think you can. See, the City Attorney wants to be the City Manager. That's the problem. And they basically want to tell us what we can do. You know, the reason you have a lawyer is to advise you, not to tell you what to do. And what I'm saying to you, Mr. Attorney, is you need to batt out of this, to the extent that you can legally, and let us do what we've got to do, and you just meet us in court and defend us. That's what you need to do. You need to stop trying to give us a lecture every time we say we want to do something. We know we're getting ready to go to self-help, but let's go ahead and instruct them to start tearing them down and we'll meet them in 306 July 10, 2001 court. That's the clearest way to deal with this thing. And the other thing we should do -- excuse me -- and we should do these billboard industries the same way we do a John. We need to take out an ad; we need to take out an ad in The Miami Herald, we need to take out on ad in newspaper of general circulation, the USA Today, and we need to say that the City of Miami Commission has found these outdoor advertising agencies to be in total violation and contempt for City rules, relating to outdoor advertising, and list the locations and give them a website and publish it. These are publicly traded corporations, and we need to get to them right where it hurts. In other words, they're getting to us with our taxpayers; they're getting to us with our citiLens, our voters, and, yet. I've given them every opportunity to come in here and conic in with a compromise. Let's tike it back to them. Let's go ahead and do an ad in the USA TodaY. Let's list the companies, the big ones, the small ones, how many places they have violations; give them it website address where any city, any _jurisdiction wants to see who the violators are. and let's basically do the same way we try to do Johns that go out and do the things that they do in out- neighborhood. urneighborhood. One way that you stop this stuff is you basically shine the light on them. ,, long as they can deal with going to Code Enforcement, appealing, goi:tg to a county court judge and all of that, we're going to be here fighting. We need to take this tight right to them because they, clearly, have shown contempt for this Commission. Vice Chairman Cort: OK. What is the motion? Mr. Maxwell: Mr. Chairman, if 1 may? With all due respect, Commissioner. Commissioner Sanchez: I yield to Commissioner Tcele. Commissioner Teele: You don't need to give us any advice. Commissioner Sanchez: I would yield to you, Mr. Manager, but... Commissioner Tcele: We haven't made a motion. Mr. Maxwell: No, no. There's something -- a comment you made, Commissioner, about utilizing the Code Euforcentent Board, and you talked about additional legislation. There is a provision that may allow us to use special masters, which would expedite this process and achieve what you want to. in your motion, if you so desire, you cart include -- you can allow us to use that option, if it's available, and it may achieve your desires, Commissioner Teele: I would -- oh, I'm sorry. Commissioner Sanchez: That's fine. But let me tell you what's going to happen in the 307 July 10, 2001 Code Enforcement: They're going to fine the billboards, they're going to be fined and fined and fined, and you can fine them all you want, but as long as their billboard advertisement is there, they're snaking murrey. What are you going to put a lease on, a billboard? I mean, we've got a real -- Commissioner Teele hit the nail on the head when he said you have an industry that has been in total disrespect for the lav, and the City of Miami. C-1 -- and when we get to C -I with these billboards in my district -- most of these illegal billboards are in :illy district, in horrible conditions. Horrible. They probably have the same sign that's been there 1br three or four years. They're in horrible conditions. But you know what? If you don't establish laws -- and we've taken positive steps to improve the quality of life in this City. We focused on the news rack ordinance. We're doing everything to get them -- you know, clean up the City. But when we get to this issue -- i mean, it's ironic that we can walk into a lot, cut it, send the bill to the owner, but we can't go cut down the billboard and have the owner pay for it. .And they have no intention of sitting down with the administration. At least they haven't shown it. None of then have come to sec me. They may have had meetings with you, but they haven't contacted me on it. And my district has just about most of the 165 illegal C-1 billboards, Commissioner Teele: Well. they knew they had a sucker in tire, sec. So -- 1 was the one who started this. And this should have -- this meeting should have been held in October/November to get where we are right now today. But I thought, like a fool, that they were really serious about trying to work out a way to do a stage mitigation and comply. They're interested in stalling. That's all they're interested in. Vice Chairman Gort: You want to add the amendment to your motion to... Commissioner Tecle: i haven't made one, but I'd like to make the first motion. I'd like to make four motions. The fitst motion is to instruct the Manager to develop a test case and to remove the billboards that you deem appropriate in the inter -- along the interstate system, without further notice, based upon the notice we have, and instruct the City Attorney to prepare a full defense, an aggressive defense of the action taken by the City management as it relates to the billboard. I would so move. Asa test case. Commissioner Regalado: Second. Vice Chairman Gort: There's a motion. There's a second. Commissioner Teele: As a test case. Vice Chairman Gort: Discussion. 308 July 10, 2001 • Commissioner Regalado: And were talking all of the illegal on the 1-95. Mr. Maxwell: Commissioners... Commissioner Teele: On the interstate. Mr. Maxwell: If I may, Commissioners? Vice Chairman Gort: Go ahead. Wait a minute. Commissioner Regalado: Is it -- excuse me. Commissioner Tecle: My motion would be on the limited access roads, which are 95, 395, 195 as a test case. Commissioner Regalado: Eight thirty-six too? Commissioner Teele: Eight thirty-six. Commissioner Regalado: So, all the limited access? Commissioner Teele: To develop a test case on each of the limited access. Commissioner Teele: Or one test case, depending upon what the Manager would like to do. Mr. Maxwell: Mr. Chairman'? Commissioner Tcele: And to further confer with the City Attorney in carrying out this resolution. Mr. Maxwell: Well, my recommendation to you, Commissioners, would be that that could be a very expensive test case for you. Commissioner Toele: All right. You're on the record. Now, let's vote. Commissioner Regalado: OK. Vice Chairman Gort: OK. Any further discussion? 309 July 10, 2001 IDBRU. • Mr. Maxwell: And I recommend... Commissioner Teelc: It's expensive either way. Mr, Maxwell: And 1 recommend... Commissioner Regalado: Look, look. Mr. City Attorney? Mr. Maxwell: 1 recommend that you... Commissioner Regalado: Mr. City Attorney, Mr. City Attorney, you and your office and Alex always come to us with some issues that need to be resolved, settlements of hundreds of thousands of dollars, mistakes that were made by City employees, not by this Commission, so, I mean, we really can afford the luxury of going to court because let me tell you something, guys. This is the most popular issue in the City. The people are fed up with all these kind of billboards everywhere. And it -- if we only show the courage to take down some of these, then we can say that we're doing something for the duality of life of the city; something that you can see. So, you know, 1 second the motion. Vice Chairman Gort: The biggest problem you have, we're going after all these residents areas; we're going down to the Homeowner's Association and homeowners have violations and we're going after them, and these are some of the worse neighborhoods we're doing that. There is no reason why we should go ahead and expedite this. Go ahead. Commissioner Teele: The motion includes the requirement that the management confer with the City Attorney, prior to taking action. Mr. Maxwell: Absolutely, Commissioner. But I think... Commissioner Teele: And we're taking it to note that it could he expensive. Mr. Maxwell: Not just expensive. We're recommending that you not follow such a course of action. Of course, the final decision is yours. But we're recommending... Commissioner Teele: Hold it. You need to recommend that to the Manager. We're giving him the authority, and you need to understand what the motion is. The motion does not direct him to do it. The motion authorizes him to do it in consultation with you. 310 July 10, 2001 MOB MR. • 0 Vice Chairman Gort: With you. Mr. Maxwell: All right. Vice Chairman Gort: OK. All in favor state by saying "ayc." Commissioner Sancho : No, no. 1 usually have the attorney to protect me, as well as the City of Miarni. The lbllowing motion was introduced by Commissioner Teelc, who moved its adoption: MOTION NO. 01-698 A MOTION AUTHORIZING THE CITY MANAGER. TO CONSUVI' WITH THE CITY ATTORNEY IN DEVELOPING A TEST CASE ON ONE OR ON ONE FOR EACH OF THE LIMITED ACCESS ROADS ALONG THE TNTF.RS7 A"I E HIGHWAY WAY SYSTEM (INCLUDING INTERSTATE 95, INTERSTATE 395, INTERSTATE 195); AND TO REMOVE BILLBOARDS DEEMED APPROPRIATE BY THE MANAGER, BASET) UPON THF. NOTICE THEY CURRENTLY HAVE WITHOUT ANY FURTHER NOTICI;.; FIJRTIIER 1NSI RUCTING THE CITY ATTORNEY TO DEVELOP AN AGGRESSIVE DEFFNSI: REGARDING THE ACTION TAKEN BY THE CTTY MANAGEMENTAS IT RELATES TO BILLBOARDS. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYhS: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Toele, Jr. NAYS: Conunissioner Joe Sanchez ABSENT: Commissioner Johnny L. Winton Commissioner Teele: All right. The second issue is: I move that the City Attorney be instructed to prepare a legal memorandum and resolution, to be presented on July 19th, as a part of the Special Commission meeting, on just this resolution; and further that the resolution make a finding that these companies have been afforded opportunities, 311 July 10, 2001 • specifically, the principal individual companies, and where their corporate headquarters aro; that they have been afforded and we make a finding that we have determined them to be notorious violators and in contempt of City Commission resolutions related to these issues, and to outline all of the details and the history that you and the management deem appropriate; and further that an ad be placed -- this is for July 19th -- in the USCI Today and any other newspaper of general circulation deemed appropriate by the Manager, with the costs of such, that it's tied to a website to inibtm every other governmental body that, in dealing with these advertising agencies, that the problem that we're having here in the City of Miami -- and you can put as much inibnnation as you like to on that website. But all the motion is, is to prepare a memorandum of law and a memorandum of opinion, with the detailed resolution, that makes a finding that we're determining these corporations to be notorious, outstanding lawbreakers, based upon -- or violators of the code, as we determine, and we have the right to do, based upon the facts that you will present. 1 would so move. Commissioner Sanchez: Second. Vice Chairman Gort: There's a motion and a second. Discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 312 July 10, 2001 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-699 A MOTION INSTRUCTING THE CITYATTORNEY TO PREPARE A LEGAL MEMORANDUM AND RE -SOLUTION TO Br: PRESENTED ON THE JUL1' t9, 2001 COMMISSION MEETING MAKING A FINDING THAT CERTAIN BILLBOARD COMPANIES HAVE BEEN AFFORDIll OPPORTUNITIES, SPECIFICALLY THE PRINCIPAL INDIVIDUAL COMPANIES, IDENTIFYING THE LOCATION ON COMPANY HEADQUARTERS, MAKING A FINDING THAT THE CITY HAS DhTERMWED SAID COMPANIES TO HF NOTORIOUS VIOLATORS OF THE CODE AND IN CONTEMPT OF CI'T'Y COMMISSION RESOLUTIONS RELATED TO THESE: ISSUES, AND TO OUTLINE ALL OF THE DETAILS AND THE HISTORY THAT THE ('ITY ATTORNEY AND THE CITY \4ANA(jFR DEEM APPROPRIATE; FURTHER DIRECTING THE CITY MANAGER TO PUBLISH A NOTICE IN US,4 TOD41' AND IN ANY OTHER NEWSPAPER OF GENERAL CIRCULATION DEEMED APPROPRIATE HY THE MANAGER WIT14 THE COSTOf SUCH TIED TO A WEBSITE THAT INFORMS EVERY OTHER GOVERNMENTAL BODY OF THE PROBLEMS THE CITY OF MIAMI HAS HAD IN DEALING WITH THESE OUTDOOR ADVP''RTISING AGENCIES; AND FURTHER NOTIFYING SAID OUTDOOR ADVERTISING COMPANIES THAT THEY MAY APPEAR AND SHOW WHY THEY SHOULD NOT BE HELD IN CONTEMPT' FOR AFOREMEN,rIONED VIOLATIONS. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifi•edo Gori Commissioner Tomas Relalado Commissioner Joe Sanchez. Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Johnny L. Winton 313 July 10, 2001 H0046A 0 . Vice Chairman Gort: Third motion. Commissioner Teele: Well, the attorney is saying that they should -- this should be noticed so that they can appear and show why they should not be held in contempt. The third thing is that we begin immediately enforcement, asking that all other enforcement actions that conflict or take precedence of this be stayed, and that the enforcement begin with those violations along the limited access road, and others that we can clearly demonstrate are important to the industry, and that the management and the attorney be empowered to utilize the special master provision, in addition to the Code Enforcement. But, in any event, the Code Enforcement Board should he requested to hear these cases on an expeditious manner, not starting in September, but starting as soon as legally permissible, which would be in July -- August -- or late July and August; and further requesting that the management and staff devote resources and time to support this action as the highest priority of the City of Miami. Commissioner Sanchez: Second. 314 July 10, 2001 • The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-700 A MOTION DIRECTING THE CITY MANAGER TO IMMEDIATELY BEGIN ENFORCEMENT RELA'T'ED TO OUTDOOR ADVERTISING (BILLBOARDS); FURTHER STIPULATING THAT ALI. OTHER ENFORCEMENTACTIONS WHICII CONFLICT OR WHICH HAI) PREVIOUSLY TAKEN PRECEDENCE OVER THIS ISSUE BE STAYED, AND THATTHE ENFORCEMENT IMMEDIATELY BEGIN WITH THOSE VIOLATIONS ALONG THE LIMITED ACCESS ROADS AND OTHERS THAT THE CITY CAN CLEARLY DEMONSTRATE ARI: IMPORTANT TO THE INDUSTRY; FURTHER AUTHORIZING THE CITY MANAGER AND THE CITY AT'T'ORNEY TO UTILIZE THE SPECIAL MASTER PROVISION IN ADDI'T'ION TO 'rIIE CODE ENFORCEMENT BOARD; FURTHER REQUESTING THATTHE CODE ENFORCEMENT BOARD HEAR THESE CASES ON AN EXPEDITIOUS MANNER, NOT STARTING IN SEPTEMBER, BUT AS SOON AS LEGALLY PERMISSIBLE (LATE JULY OR AUGUST); FURTHER REQUESTING THAT THE ADMINISTRATION DEVOTE NECESSARY RESOURCES AND TIME TO SUPPORT THIS ACTION AMONGST THE HIGHFST PRIORITIES OF THE CITY OF MIAMI. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Johnny L. Winton Commissioner Regalado: OK. Mr. Chairman, I have a question. I don't know if this is for the City Attorney, City Manager. Meanwhile, what are we going to do with the victims of billboards? And let me tell you about a case in my district, and this is a very 315 July 10, 2001 $110ma 0 • unusual situation. And seems to the that we have this same problem of not communicating between departments of the City. There is a property at 5615 Southwest 8't' Street in the City of Miami, District 4. On that property there are two billboards that are owned by Eller Media. These two billboards were constructed in 1939. Eller Media sold the land to this merchant with a covenant of a lease to keep the two billboards on the property. The owner ]cased the land to an auto sales business, but the City Code Enforcement came and said that they cannot issue a Certificate of Use because they need a special exception hearing in front of the Zoning Board, and they have to go through the process. So, the owner paid for a survey, paid for an engineer for site plans, hired an attorney, paid the City twenty-eight hundred dollars ($2,800) for those ices to go to the Zoning Board and other boards, whatever, to reach the Commission. Mr. Maxwell: Commissioner, I'm sorry. Apparently, you've lost quorum. Can you hold for one second while we... Commissioner Teele: No. Mr. Maxwell: One, two... Commissioner Teele: Three. Mr. Maxwell: We need one more Commissioner. Commissioner Teelc: Why don't we just take three minutes. I want to go to the restroom, too. Can we take three minutes? Mr. Maxwell: You don't have a quonun at this point. You have to go into recess. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 9:32 P.M. AND RECONVENED AT 9:37 P.M., WITH ALL MEMBERS OF TIIE CITY COMMISSION, EXCEPT COMMISSIONERS TEELE AND WINTON, FOUND TO BE PRESENT. Commissioner Regalado: So, Mr. Chairman? Vice Chairman Gort: Item -- yes. Commissioner Regalado: OK. Commissioner Regalado: So, we arc talking about this property owner. I1c went and -- 316 July 10, 2001 /111116[#1 . he went to the Zoning Department and was told what he had to do: do the survey, this, this, do that. You're not listening, but that's OK. Vice Chairman Gc. w Hello. Commissioner Regalado: Arid he paid twenty-eight hundred dollars ($2,800) for their fee, but hours before the hearing, he was told that he cannot have the hearing because he had a notice of violation dated April 25t1l of this year, because of those two billboards. Now, it's a zoning ordinance. Article 11, section whatever, failure to completely remove a sign, billboard or a commercial advertising from subject property. Now, there is a lien on the property because if he didn't remove the billboards by May 25th, a lien will start in the property. The City has not given back the money that he paid for the hearing that never took place, and Eller is telling him that he cannot remove the billboards. Meanwhile, he cannot rent the property. lie's paying six thousand dollars ($6,000) in taxes a year. I saw the empty lot. And he's caught in the middle. So, what do we do with this person, which I think is not the only one in the City of Miami, who is the victim of this war between the companies and the City'? Mr. Gimenez: Why don't you -- we have the inforniation. If we can just got that from you, and we'll look into it, and we'll see what we can do. 1 understand his problem. If he's trot a -- apparently, the property that has the billboards itselfis not -- lie doesn't have control over it, if I understand what the problem was, CorTcct? Commissioner Regulado: No, no. lie owns the property, but lie bought the property through Eller Media, with a covenant that he had to leave the billboards. When he bought the property, he was given this, a pennit from the City of Miami, dated 1939, to say that the billboards were legal. So, that's why he bought the property. Now, the City has lien on his property. He spent several thousand dollars. lie Inas not got his money back from the zoning, whatever -- the hearing board. He cannot rent the place and I guess that he cannot burn it down because -- I mean, you know ... Mr. Gimenez: Right. I understand. So, we'll take the information. We'll follow up and I'll give you a report as to the final outcome of this individual. Commissioner Regalado: He's there. Mr. Gimenez: Very good. N'e'il work on that. Commissioner Regalado: But what can we do? Can he, tomorrow, by himself, take down those billboards? 317 July 10, 2001 Mr. Gimenez: Well, there's -- can he or should he? I mean, he probably could. I'm not sure. I mean, physically, well, lie could, but I'm not saying that lie should. Commissioner Regalado: But the City is telling him that he needs to remove the billboards. That's what lie is telling him. Should he follow the City's direction'? Mr. Maxwell: If he's been cited -- does lie own the property -- is lie a properly owner? Commissioner Regalado: Yeah. Mr. Maxwell: He owns the property and the signs are on his property, and he should -- if he wants to remove the signs. I mean, that's up to him, the action that he takes, but I don't think we should advise him, other than to tell him that lie's violated whatever specific code provisions he has. But whether or not lie removes them is up -- whether or not he removes them, in spite of a contract that he may have with the sign company, is his decision. Commissioner Regalado: Well, are you saying, other than that, is there any other option that this person has, other titan removing ... Mr. Maxwell: I couldn't answer that question at (his time, Commissioner. i would be happy to look at it and sue if there are any more -- any other actions -- options, rather, that he has within the tour corners of the City Code. But other than that, if lie has a problem with someone intruding onto his personal property, his private properly there, he should get an attorney and see if he can have that remedied. Mr. Gimenez: Commissioner, I think 1 know where you're getting to. We have to -- we've got to sit down with our Law Department to determine, you know, what we can do. Apparently, sonic property owners are being put in the middle between the City and the advertising companies -- I understand that there are some letters being sent out saying don't comply with what the City's asking you to do. If you do, you know, don't do it. Commissioner Regalado: Here's the letter. The letter from Eller ,'Media said do not comply. We will defend you. Mr. Gimenez: Right. It's damned if you do. Damned if you don't. Commissioner Regalado: So -- but, I mean -- you know, look, working people do not need this hassle, you know. They have a business to run and they need to make money. 1 318 July 10, 2001 0 0 mean -- so, his case may not be the only one. Mr. Gimenei: i don't think it is. i think a number of people have gotten that and unfortunate put in that position. You know, the City is trying to follow the code and when we find, you know, these signs that are illegal, we're issuing those notices of violation. It's the advertising companies that have really put these individuals in (inaudible) position. Vice Chairman Gort: Let me ask you a question. I'm not an attorney, but my understanding is, it's a civil case where you have an agreement between a company and a property owner. in that agreement, they have to comply with all permits and so on. Then, if the person with the agreement is in noncompliance with City ordinance, that agreement could he nulled. is my understanding. So, that's it matter that the person has to take on themself. So, that's why we, ourselves, what we can do right now is have the administration sit down with these individuals -- because there's quite a few of them -- and see how can we deal with our problem, and their problem directly with the City. Their problem with the contracting agency is a different ball game, that they have to look at their own attorneys to do so. Commissioner Regalado: 1 understand, Willy, and I'm done. But this person had a time and the will to be here all day, but there might be another people in his same prediction, you know. Mr. Maxwell: Well, Commissioner Vice Chairnian Gort: That's why we're asking administration to look at these specific cases where the people who want to comply, but the contractor, for some reason, will not allow them to comply and somehow, we need to sit down with them and see how we can help (heti. Mr. Maxwell: Commissioner -- and we have to be careful when we're doing it because right now, as I understand Commissioner Regalado's question, the issue that the City has right now with this individual deals with the violation of the sign that now exist on that property. His property -- well, the property owner's issue deals with the sign company. If he has a contract with that sign company, we don't want to get involved in the fight between those two. Vice Chairman Gort: I think I stated that. I think that's what we said. He needs to check -- and my understanding is, if they were smart in doing the contract, that the sign company would have to comply with all the regulations and all the permits. If they don't, 319 July 10, 2001 • that's a breach of contract. They break the contract. So, that's something they have to look personally in the civil. Commissioner Regalado: No. But you see, that's not my point. That is not my point. Vice Chairman Gori: Your point is that a lot of people that cannot go through all these troubles; they don't have attorneys... Commissioner Regalado: My point is that when they sold the property, they gave him a permit issued by the City of Miami. It's here, Mr. Gimenez: You said 1939. Commissioner Regalado: 1939. Mr. Gimenez: is that -- that for the person who sold the property gave them that -- a copy of that permit? Commissioner Regalado: Yeah. Mr. Gimenez: Yeah. But it's a permit from 1939. Commissioner Regalado: So. 1 mean, you were born, what year? Mr. Gimenez: 1954. Commissioner Regalado: I mean, you're still -- see. I moan, you know. what are we going to do, discard people because they were born in '39? Mr. Gimenez: Not people, but maybe permits do expire after about 70 years. Commissioner Regalado: No, no, no, no. Look... Mr. Maxwell: Yeah. I mean, it's not a -- is he relying on the 1939 permit? Commissioner Regalado: OK. Unidentified Speaker: For the record, that billboard is in C- 1, whether they had a permit in 1939 or not, it's under the amortization, which made him illegal. 320 July 10, 2001 • Commissioner Regalado: But that is not my point. My point is that people like this are caught in the middle and they don't know what to do. Mr. Gimenez: I agree with you. That the... Commissioner Regalado: That's lily point. My motion is for the administration to meet with this gentleman and other ... Vice Chairman Gort: That's what they were saying. Commissioner Regalado: -- cases. Well -- but, you know, i don't know, within the framework of the law, what call we do... Mr. Maxwel!: We shouldn't do anything, Commissioner, involving that contract. We could be -- we could end up in a tortuous interference situation. That's not our issue right now. I would advise -- of course, you make your own decisions. But 1 would advise that the City's objective be to remove the sign, vis -:i -vis, it's a violation with the zoning code. And the contract between those two individuals should he left to them, and this City shouldn't get involved in that fight, not at all. We shouldn't even advise them on that. Commissioner Regalado: So, what you're saying is that the City should remove his billboards? Mr. Maxwell: Well, to the extent that the signs are illegal and we've cited them, we should pursue our -- pursue that. Commissioner Regalado: OK. Then I'll change my motion. I'll change lily motion. I'll change my motion to include those billboards as a priority -- on the priorities that we're doing a test case in the access. Because, after all, it's on Southwest 8'" Street, which is a major, major road. So, lily motion is to include those two billboards, as a priority, as the test case, in the first motion that Commissioner Toole made. Vice Chairman Gort: There's a motion. is there a second? Not to tear it down. To be one of the priorities to be looked at. Commissioner Regalado: The two billboards. Joe. Mr. Gimenez: In prosecution. Commissioner Regalado: In prosecution, yes. 321 July 10, 2001 E Vice Chairman Gort: Right. Mr. Gimenez: No. No problem. Commissioner Sanchez: Second. E Vice Chairman Gort: OK. It's been moved and second. Further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-701 A MOTION DIRECTING THE CITY MANAGER TO INCLUDE THE TWO BILLBOARDS CURRENTLY LOCATED AT 5615 S.W. 8"' STREET, AS PART OF THE PRIORITY TEST CASES, WHICH WERE OUTLINED IN MOTION NO. 01-698 (ABOVE). Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following votr: AYES: NAYS: ABSENT: Vice Chairman Cort: Thank you. Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez None. Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Commissioner Sanchez: Mr. Chairman, could we take up item 20. Mr. Manny Alvarez: 1'd like to say something regarding this real briefly. I'm not asking 322 July 10, 2001 the Commission to interfere ... Vice Chairman Gort: Your name and address, please. Mr. Alvarez: My name is Manny Alvarez, and I'm the property owner at 5615 Southwest 8"' Street. I'm not asking the Commission to interfere with a civil contract that 1 have with Eller Media. The only thing that I'm asking the City to do is to understand that we're not the only -- I'm not the only person in this position. The company very astutely, distanced themselves from the propeilies by selling them, knowing that this was going to, you know, probably come down. I'm sure they knew about the problem with the ordinance from before that this problem was going to come to a head. Obviously, the property owners are the ones that get cited for the violations. Meanwhile, they're stalling this as long as they can, and they're getting their revenues from the properties -- front the billboards or banners or whatever. What I'm asking for is for the City to allow me and some mechanisrn, by resolution, by any way that you find fit, to let me have illy variance hearing. If everything else is in compliance on my property, with the exception of the billboards, that I can continue doing my business on my property. Don't interfere with the contract. I'm not going to knock them down. I'm not going to do this. And when you guys continue to fight and you say they've got to come down, I'll open my doors so you can knock thein down. You can knock them down tomorrow if you want to. I really don't care. I just do not want to be -- you know, this is obviously something that's going on, from what I understand, since 1983, 18 years. And when I bought this, as the Commissioner said, they gave me it pennit. I am not a law expert, but i see a building permit and 1 figured it's grand fathered in. I did everything, the City asked me to do, and then i come to a head that says, well, you can't do it anymore. i wanted to he allowed to some ... Vice Chairman Gort: Yes, sir. Mr. Gimenez: Mr. Chairman, what we should do is that we can bring to light -- to the Zoning Board and Codc Fnforcement Board this problem and that this gentleman is not the only one that's going to have it, and will they change their policy of granting the varia»ce, in light of the fact that he's got this outstanding issue that he really can't handle right now. Vice Chairman Gort: OK. Mr. Alvarez: That's the only thing. i mean, everything else is in compliance. Vice Chairman Gort: Administration is going to do that. OK. Thank you. 323 July 10, 2001 1981 lx 47.BRIEF COMMENTS BY CHARLIE COX REGARDING CODE S$CTIO 9ONMANING ADJOURNMENT OF. COMMISSION NIRETINGS. Vice Chairman Gort: Ycs, sir. Charlie Cox: Yes. Charlie Cox. 4011 West Flaglcr Street. 1'd just like to remind you duct y'all may have to change your policy on your Resolution 87-115. It says you can't take an item after 9:00 on a Commission meeting. Your resolution, 87-115. Vice Chairman Gott. We can waive it. Don't worry. Joel F. Maxwell (Assistant City Attorney): Ile's talking about the provision that says that you should end the meeting at 9, with the item that you'ro working on -- that you're discussing at that time, but you can waive that. 325 July 10, 2001 !�essmar 0 M +48: AUTHORIZE'MANAGER TO BXWtJTEAMENDMENT NUMBER l TO I L SL`: t 0 4BNT .BETWEEN CITY. AND ,;GROVB HARBOR MARINA AND CAMBUA� Vine Chairman Gort: Teelc, need you over here. What item you're bringing up? Commissioner Sanchez: Twenty. I see a final chapter that the Miami and Grove Harbor Marina and Caribbean Marketplace ... Commissioner Regalado: Move it. Commissioner Sanchez: Second. 326 July 10, 2001 0 • The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO, 01-702 A RESOLUTION OF THE MIAMI CITY COMMISSIO\, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CI'T'Y OF MIAMI AND GROVE. HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC i""GROVE HARBOUR"), DATED MARCH 12, 1999, TO PROVIDE FOR (1) AN AMENDMENT TO THE LEASETERM; (2) AND AMENDMENT TO THE CONDITIONS PRECEDENT '1'0 TAKING POSSESSION TO INCLUDE A SUBMERGED LANDS LEASE FROM THE STATE 01= FLORIDA AND A BUTLER ACT DISCLAIMER; (3) MODIFICATION OF THE TERMS FOR PAYMENT TO THE STATE OF FLORIDA IN CONSIDERATION OF THE SUBMERGED LANDS LEASE, AND WAIVER OF DFF.D RESTRICTIONS T'O PROVIDE FOR GROVE HARBOUR TO PAY ANY AMOUNTS OWED TO THE STATE 1N EXCESS OF 547,200, COMMENCING IN LEASE YEAR THREE (4) AN ACKNONILFDC;EMFN'r BY THE PARTIES 01' THE TERMS AND CONDITIONS CONTAINED IN THE SUBMERGED LANDS LEASE AND WAIVER OF DEED RESTRICTIONS; (5) A DECREASE IN THE NUMBER OF WET SLIPS TO BE PROVIDED IN THE MARINA; (6) THE RETENTION OF A MARINA AND BOATYARD CONSIJLTANT; (7) A PROHIBITION AGATNST ENTERTAINMENT VESSELS THAT PROVIDE GAMBLING; (8) AMENDMENT OF CERTAIN DEFINITIONS, (9) VARIOUS AMENDMENTS TO THE PROVISIONS REGARDING TRANSFERS, (10) A RE -LEASE OF CLAIMS; AND PROVIDE FOR THE CITY TO PROCURE AN UPDATED TITLE SEARCH REPORT; AND (1 1) THE CITY'S PROCUREMENT OF AN UPDATED TITLE SEARCH REPORT FOR. GROVE HARBOLTR. (Here follows body ofresolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner SanchC7, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gori Commissioner Tomas Regalado Commissioner Joe Sanchez. Commissioner Arthur E. Tecle, Jr. NAYS: None. ABSENT: Commissioner Johnny L. Winton Vice Chairman Gorl: Thank you, sir. 327 July 10, 2001 „r, at r a#F41F SanchezR Fi�ya'� i y "I `irEShi }j P`g'3"`hF-L1` tYt£"p `kW-u v'-kiks �,,y5a k i+�g R ,P4� " �” * .� ei);�� •'i* ,� yv �t � �,-n�3�d .,�� ;a: }�z. x� �k* ae,re, ��., k �}N ax Ij w r ■ • • 44: RATIFY, APPROVE, ANlS CONFIRM MANAGBR'S FINDING OF SOLE SOURCE, WAVE REQUIREMENTS FOR COMPETITIVE SEALED BIDING PROCEDURES AND APPROVE PROCUREMENT OF ELEVEN FAX SOFTWARE UPGRADES WIT. H MODWS AND ACCESSORIES FOR USE - WITH I LIFE PARK DEFIBRILLATORS FOR DEPARTMENT OF FIRE•AXBSCUE FROM -. M'6DT 0NIC PHYSIO CONTROL CORPORATION, SOLE SOURCE ' PROVIDER ON. AS-NEEDBD ; CONTRACT. BASIS, $50,000, Vice Chairman Gort: Item 2, let's go. Commissioner Sanchez: What item? Unidentified Speaker: Item 2, he says. Vice Chairman Gort: Item 2, sole source purchase. Do I have a motion? Commissioner Teele: Move. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Gori: All in favor state it by saying "aye." The Commission (Collectively): Aye. Joel Maxwell (Assistant City Attorney): What item? 329 July 10, 2001 • u The following resolution was introduced by Cotnmissioner Teele, who moved its adoption: RESOLUTION NO. 01-703 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR/FIF7'HS (4/5THS) AFFIRMATIVE: VOTE, AF'T'ER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE: WAIVING THE REQUIREMENTS FOR COMPETI'T'IVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF ELEVEN FAX SOFTWARE UPGRADES WITH MODEMS AND ACCESSORIES FOR USE WITH LIFEPAK DEFIBRILLATORS FOR 'I'HG DEPARTMENT OF FIRE - RESCUE FROM MEDTRONIC PHYSIO CON'T'ROL CORPORATION, THE SOLE SOURCE PROVIDER, ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $50,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280601.6.714. (Ilere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Tcele, Jr. NAYS: None. ABSENT: Commissioner Johnny L. Winton 330 July 10, 2001 i i $0. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF SOLE- SOURCE, WAVE REQUIREMENTS FOR COMPETITIVE BIDING PROCEDURES AND APPROVE PROCUREMENT OF THREE S R S-5 BOMB SUITS, THREE HELMETS WITH BASIC VISOR, THREE CHEM -BIO VISORS, AND THREE SEARCH LIGHTS FOR DEPARTMENT OF POLICE AND MED -ENG SYSTEMS, INC. $28, 88 4; ALLOCATE FUNDS FROM DOMESTIC PREPA.RENESS EQUIPMENT SUPPORT PROGRAM GRANT. Vice Chairman Gort: Item 3, S R S-5 bomb suits. Helmets with visors. Do 1 have a motion? Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Gort: is there a second? Is there a second'? Commissioner Teele: Second. Vice Chairman Gort: Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-704 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (415TIIS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISh:D PU13LIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY VIANAGF.R'S FINDING OI� SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE= BIDDING PROCEDURES ANIS APPROVING THE PROCUREMENT OF THREE SRS -5 BOMB SUITS, THREE HELMLfS WITH BASIC VISOR, THREE CHEM -BTO VISORS, AND THREE SEARCH LIGHTS FOR THE DEPARTMENT OF POLICE FROM MED -ENG SYSTEMS, INC., IN AN AMOUNT NOT TO EXCEED $28, 884; ALLOCATING FUNDS FROM THE DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM GRANT, ACCOUNT CODE NO. 142030.290529.0.840. 331 July 10, 2001 (Hem fbllows body of resolution, omitted here and on file in the Office of the City Clerk.) openbeing seconded by Commissioner 'Teele, the resolution wasassed and p ocfapte� ■: fol>alting vote: �, { +� 5: Vloo Chairman Wifredo Gort 4 Commissioner Tomas Regalado ,Commissioner Joe Sanchez es' CvminlBsioner AtYhur- l . Teelo al'. ` # ! 6 ,d5k'et 11"P, one. f job X54 Y '!i ^m •r `i �y Y� a Y sa' - 1'•,a *.ai b { a�S AIR 0" N� h#it'� �Y"• Y1f ' "'��Sl�(b "P" 4-e&: Sy, y T.Jy'.c. ;�?v,=�• '- ,yp" c.«�, a i�• �'�°`u Z�.avd G, A ��,� .. t Y r h t<� a" s c+ytiSR - 54 P �.M'•'s � A•.'•f�, �t Ainy »y F • t 4 "s oNI F_ t tt r p a'' Nf •��, � ;i iw•�§ k � � 4 � t »^� .��`'�" �. gd �'+�. "'Y f' s en t` a ek dx b`c ,. T 0sE7�?�;`� -4�^„s`$'�`,I�axn. X31 x•3-�' d k.y'+ wk"'C`�:r'°' aayy^ �.r,5t �� a y5 7 c "`'X5"ya$d2w•43.'T yi"�'� g}{lti, i 3 •. �4 a tf my l6, 2601 0 41 51. F'RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING THAT COMPETITIVE SEALED BIDING PROCEDURES, ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAVE REQUIREMENTS FOR COMPETITIVE SEALED BIDING PROCEDURES AND APPROVE ACQUISITION OF LEICA FMS 307 TOTAL STATION MAPPING DEVICE WITH` ACCESSORIES, SOFTWARE, INCLUDING TRAINING, -FOR DEPARTMENT OF POLICE FROM •KARA COMPANY, INC, $20,741; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. Vice Chairman Gort: Item 4 is Leica FMS -307. Commissioner Sanchez:: So moved. Mr. Chainnan. Vice Chairman Gort: it's been moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Any discussion? Being; none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-705 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR/FIFTHS (4/5TIlS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING TIIAT C'OMPETITIVF SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE: OR ADVANTAGEOUS; WAIVING THE REQUIREMENTS FOR COMPETITIVE SFALF.D BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF A LEICA FMS 307 TOTAL STATION MAPPING DEVICE WITH ACCESSORIES, SOFTWARE, INCLUDING TRAINING, FOR THE DEPARTMENT OF POLICE FROM KARA COMPANY, INC., IN AN AMOUNT NOT TO EXCEED 520,741; ALLOCA'T'ING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT INTO. 690003, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEI' OF POLICE AS COMPLYING WITH THE U,S. DEPARTMENT OF THE TRFASL'RY'S "GUIDE TO EQUITABLE. SHARING." 333 July 10, 2001 ��rrr�rau (Here follows body of resolution, omitted here and on file in the Office of the City Clerk ) Irl rtl •11 :• 1 11 1t 11 • II / .-r r Fr 1`1 1 ii� t 11 • • r r • CJ , ��^R r ti '/b 4, ,T• �' 4 1 w<�ai'r $ t•k J 1'It�,.. "t yi. < i %^)et y�<':� $ z i +p^x L a 'TL $ pia r .w.' :5 `ss f 3,S ,pat i,� ,(fisntn i 4 747 Ax, 2� x ?.� "-w"R �t��S:>�'� i,�i�S s� ,F€4,s` �' I� m. *iha„ �° '`r'ii' t'iRi`-iig-�rt4t#,d#�52^ 2rlt` A a cK R t t d w.i"4 'T.111;1 K S'11 K' Yv�r!U4", r' �, �v� tr" it ''?"a t t xit' 4'�t` �` R" g� �� k ,'h xs ±� '✓�, n' rN l,}� f� t., yt;� I � +f er " v t i §�" R t���x�t rw ro cwt a3 �FTIN.- , �,w64S ,. tc 'w €F �1� k >+t 'v'�td 47 rk'°" 4? ,t -r 4. „ rs•.t r r }e ti 4 "`r'R S i'` �egxt< r t<4 rw-,? ' s,'9`i tT ni,e5 i,•,�, fs7a kz. �'s>'re°I%Y >.�c "'t,,LiS�t'" )n x'.: �r�� ,�,�Y ��t,� ,�z.�'.�',�+i �� w.Y: � �'">�;.� 4,}.. 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APPROVE PURCHASE OF THIRTY PANASONIC TOUGHBOOK 28 NOTEBOOK COMPUTERS; THIRTY PANASONIC TOUGHBOOK 28 128MB MEMORY, THIRTY LION BATTERY TOUGHBOOK 27, THIRTY BACK LITE KEYBOARD FOR TOUGHBOOK 271KONI+IG. ONLY, $185,070. UNDER EXISTING SNAPS AGREEMENT NUMBER 250- 1937-2; APPROVE PURCHASE OF THIRTY TAR GUS MOILE PORT, THIRTY UNIVERSAL MOUNTING BASE CHROME ROD, AND THIRTY CABLE -DOCK LITTLE LITE, $9,030, UNDER EXISTING STATE OF FLORIDA CLIENT SERVER CONTRACT NUMBER 250-0 40-00-1, FROM COMARK GOVERNMENT AND EDUCATION, SALES, INC. $194,100, FOR DEPARTMENT OF FIRE -RESCUE. Vice Chairman Gort: Item 5, procurement of Panasonic -- what is it -- Toughbook, 28 notebook computers accessories. Do I have a motion? Commissioner Teele: Let me ask you this, Madam Purchasing Director Carlos Gimenez. (City Manager): She's not answering. Vice Chairman Gort: This is state. of Florida contract. Commissioner Teele: Oh, it doesn't matter. It's too late. Judy Carter (Director, Purchasing): Yes, sir. Commissioner Teele: It's all right. It's too late. Ms. Carter: No, it's not too late. Commissioner Teele: No. Ms. Carter: What question do you have? Commissioner Teele: I don't have any questions. Ms. Carter: Oh, let it go. Too late. Commissioner Sanchez.: Item 5 is a public hearing item. Commissioner Teelc: I just don't understand why we need a four-fifths vote to purchase off of a state contract. Ms. Carter: Well, there are two things that were going on, Commissioners. First of all, you didn't need a four-fifths vote to approve a contract of!'of a state of Florida. However, there were certain items that were not on the state of Florida contract that we still needed to buy. We felt that it was appropriate that we still buy those items that were part of the Toughbook series from that same vendor. So it was that basis that made us ask for a waiver of the competitive bidding requirements for those remaining items that were not on the contract. 335 July 10, 2001 Commissioner Tecle: Is this a good system? Ms. Carter: Yes. From what I've been told, that it is truly a Toughbook series. Commissioner Teele: What does that mean? Chief Bryson: Chief Bryson... Commissioner 'Ceela Come talk to me, Charlie. Charlie, I'd like to hear about this thing. Chief Bryson: Chief Bryson, Miami Fire. The Toughbook system is an extremely durable, laptop computer that can be dropped, that can take rain, inclimate weather, et cetera, and withstand a beating. That's what it is. Commissioner Teele: I Iow much docs it weigh? Chief Bryson: Approximately, three to four pounds. Little heavier than the typical lap top. Maybe twice as heavy. Commissioner Teele: That would make it six pounds, huh? Chief Bryson: OK. Commissioner Teelc: Firefighters have extra muscle. Vice Chairman Gort: OK. Chief Bryson: Yes, sir. We". Commissioner Tcele: Well, I commend you for buying -- you know, moving more toward technology. Chief Bryson: Thank you. Commissioner Teele: Move the item. 1 guess we've got four poople here. Commissioner Sanchez: Second. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. 336 July 10, 2001 L_J The following resolution was introduced by Commissioner Teele. who moved its adoption: RESOLUTION NO. 01-706 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE DEPARTMENT OF FIRE -RESCUE'S PURCHASES OF THIRTY (30) EACH OF PANASONIC TOUGHBOOK 28 NOTEBOOK COMPUTERS, PANASONIC TOUGHBOOK 28 128MB MEMORIES, LION BATTERIES TOUGHBOOK 27, BACKLIT KEYBOARDS FOR TOUGHBOOK 27/CONFIGURATION ONLY, 1N THE AMOUNT OF $185,070.00, UNDER EXISTING SNAPS AGREEMENT NO. 250 1937-2; FURTHER APPROVING FOR THE DEPARTMFNT OF FIRE -RESCUE THE PURCHASE OF THIRTY (30) EACH TARGIIS MOILF. PORTS, UNIVERSAL MOUNTING BASE CHROME RODS, AND CABLE -DOCK LITTLE LITS, IN THE AMOUNT OF $9,030.00, UNDER EXISTING STATE OF FLORIDA CLIENT SERVER CONTRACT NO. 250-040-00-1, BOTUI PURCHASES FROM COMARK GOVERNMENT & EDUCATION SALES, INC., SUBJECT TO FURTHER EXTENSIONS BY THE STATE OF FLORIDA, FOR A TOTAL AMOUNT NOT TO EXCaD S194,100.00; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313303, ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY FIRE ASSESSMENT FEL'. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tontas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ASSENT: Commissioner Johnny L. Winton 337 July 10, 2001 1i11mule 0 53. BRIEF COMMENTS ABOUT CONTINUING MEETING TO. JULY 19, 2001 AT 4P.M. TO FINISH AGENDA. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: Listen, let's bring this back on the 19th at four o'clock. I think these items that we have here, we can finish in two hours. Commissioner Sanchez: It's been a long night. Commissioner Teele: Yeah, and we -- Commissioner Sanchez: Long day. So moved to adjourn. Mr. Alejandro Vilarello (City Attorney): No, no. No. you're moving to recess and continue the meeting until the 19"', at four o'clock. Commissioner Sanchez: Move to continue the meeting to July the 19th at four o'clock. Commissioner Teele: At this City l fall. Second the motion. Commissioner Sanchez: City Hall. Commissioner Teele: Second the motion. Commissioner Rcgalado: Is it 4 o'clock or G o'clock? Vice Chaimian Gort: We can finish the agenda ... Commissioner Sanchez: No. Commissioner Tcele: Four o'clock for the agenda. Commissioner Rcgalado: Oh, OK. Mr. Vilarello: Commissioners, could you give us one second to make sure that the budget director doesn't have anything that has to come up this evening. I don't know what the time is. Commissioner Teele: Yeah, we can do that, and while we're doing that, Mr. Dipak, can we pass out these items? Because we do have one item that's very time sensitive... Vice Chairman Gort: We need to do the (INAUDIBLE) today. OK. Good night. Commissioner Teele: Hold it, hold it, hold it. Just one minute. We've got the -- where is the lady!? 338 July 10, 2001 {�tsdoner Replado: I have a pockol itar r. x �� rd QWonaz (City Manager): VA* #h+c I d` u r ■ x �., on Teale: No, issionar Rcgalado: Whlla ahcip, AR ,.�1 1�7 it ._-�. r .�4 yi�taE`+�;Vr��,. ��� ..�€ �, S fit {"' _� ..�. � ...., �;- `t..s�wt tP'• ..}rte r. r, :a..+ ;r, ti�i �t•.:tv n, r.' ax,3 . {f �`r�i � i '�... �°C[`� 5i �Y3L 1� � f�Af }yx �C.A% fid^. !+2 @ f � .��i�f \ �i 'Y^ t •� '�. �e':4 y.'lt" '�' , r i ' � � �t � }�y �k :€ � � I iC- f �"I'� l� `�". fr} 'P••{it � r5:, � "( � 4 �Z �p"'y�`,v -Y Glx � .���' `��L �'"�� ���Y�'�N�4�� '�du��t�C.��� 'A�{�'�`���"�'K"�qi��� • .•� ""S y Y '^'?,T..}}�-M 7 2 I£' ''��Pt' �F4 �- '+y�"k Ryd+`,jC�S� 1$ } 3'�q"Ly� d�� y }yb� i�"}�,' �'C' �y�`Xu �r it M4 ,'R`�'.Y+y+."(f�•R`nct�+ �y.��gg� "A-. 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' T ., „ ..'t Ap qq7''✓�� tAy� .��' Qil i £`t` f'x��-� r!\� i & } g, YS 4^?gN5`�F r �' i� a �f�'l" tad P+'tnN.tiira�jj�� � Tw •>l `y�+'Y f •� 'o`t �"�+ �*Y.�T�:1 at i- Y .� ut ik:"J' c�`i .'1" •!,d(,, 4• .7'S > �{„kr '�� t ">k.�rC� f 'Sy'� �X ni Kw'"43^`J �' ,k3; "e•Y �l a- � �' � � R t �C�`1 t '•' +�'.�a�"}" � � � � c xr s �11€''yy € ���..t N 3 i 5`i � 7 1 - � � 1� Yr 1p t s xx �; �` #`t :.� e•a �� e�»i;n'* a �r d ,n M. n..uf�r` Titer.n �mt,r s 'K nV __ .Se x;,1 tf ^d a••. -w .. Yin. tS t.r .5:•. -i r. - y+t ac :,?F ..>. ., L, 'u c3 zr �R4 a �'r '+ J�F '�r{. � , r . .r � ,.��. �� tie a n`�� '' •�",` bra•"y �.�,v Y �- ,. �'� $K'�'a c rn +R F i S,,,t"'. 'v,� d � •}�yF ¢�-+tdt}3s�tk t-tt7t � s�.� j k 3 q3�s,�,. t4rm.PC ;� ,q,r,.x t� s K sr ,�.�. t y _ X34? my 1a:2Ql?� sF a r �. 1 �..�' �'� '��JR '� a"w. '4` vt "�l 2q ! >} 7�. �a,q?. •%�:. fi} !,y. x� .� 'R � : 1 ?.�; r v. �, -S iz, �;r ;.b R a '� i� , -[� � �+w ,� � t R w , P R.r -• `a ``" � a k �}, •. - �,.,�i �Y� r� a fa 4 w"'�? �, i'^. ;r `h'�• °` w��$ �+ t# ,;�F�"�'a�^ S• '� '� lY 2�� ... ._.z � �_ • A „ . _. .. ...,` � {t.. 4.e�w��'.�LS�^iht� "K:. � >ir� .�` tr..�.,ao�� � �.M�fY .., .,L,, . �R4 a �'r '+ J�F '�r{. � , r . .r � ,.��. �� tie a n`�� '' •�",` bra•"y �.�,v Y �- ,. �'� $K'�'a c rn +R F i S,,,t"'. 'v,� d � •}�yF ¢�-+tdt}3s�tk t-tt7t � s�.� j k 3 q3�s,�,. t4rm.PC ;� ,q,r,.x t� s K sr ,�.�. t y _ X34? my 1a:2Ql?� • • 54. APPROVE CITY'S CO-SPONSORSHIP OF MIAMI HOME DESIGN & REMODELING SHOW PRESENTED BY HOME SHOW MANAGEMENT CORP., TO BE HELD AUGUST 3, 2001 ,THROUGH SEPTEMBER 3, 2001, AT MIAMI BEACH CONVENTION CENTER; AUTHORIZE PLACEMENT OF LIGHT POLE BANNBRS TO PROMOTE SHOW. Commissioner Teele: Where is the agenda? Mister -- you want to take his pocket item, Commissioner -- Mr. Chairman? Vice Chairman Gort: Go ahead. Commissioner Regalado: OK. I have a pocket item, a resolution of the City Commission approving the City co-sponsorship of the Miami Home Design and Remodeling Shows. Commissioner Teele: Second the motion. Vice Chairman Gort: It's been moved and second. Commissioner Regalado: This is to place banners in the City of Miami. This is the same company that holds the ... Commissioner Tecle: Second the motion. Commissioner Regalado: OK. Vice Chairman Gort: OK. You've got it. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-707 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY'S (*O-SPONSORSIIP OF THE MIAMI HOME DESIGN AND REMODELING SIIOW PRESENTED BY HOME SHOW MANAGEMENT CORP, TO HE IIF.LD AUGUST 3, 2001 THROUGH SEPTEMBER 3, 2001, AT THE MIAMI BEACH CONVENTION CENTER; AUTHORIZING THE PLACEMENT OI' LIGHT POLE BANNERS TO PROMOTE THE SHOW; FURTHER AUTHORIZING THF: CITY MANAGER TO EXECUTE THE '.NECESSARY DOCUMENTS, IN A. FORM ACCEPTABLE TO TliE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND SHOW PRESENTERS FOR SAID PURPOSE. 340 July 10, 2001 :191BUM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk») Upon being seconded by Commissionor Toole, the resolution was passed and adopted by' following vote:� r AYES: Vice Chairman Wifredo Gori Commissioner Tomas Regalado { 3' Commissioner Joe Sanchez AR t-,.� ti�6 L U ,�}S i":, $�7 SM ql� ■/y'/.��: •.� ��}�''r rM� •■ WN�m{9sioner Atthu E. �e�� Ir c � 4d r+���, t('+✓' �w Lk r ,No one. c " •Pd �1�..; 4r a Jt t_ t t :, r t � � J J�'E. , r� d` "fia��''' r � ''` 51N., y54S} y`y^��kTP 4 IV JW - in °r S d9 U'� -0 `'$i h FL �d '�t�}�✓ �8 4 {V4 �,� M vS is >`'k� 2{it^7l i��n, �'�T�' �..r 'r+ Y�, /' �A,:.'� g r:' lJiy'yl� .tJ{SR L'y4G6- .4' "'.�`�ig ,� r ��"e��� .+9�i �aek�"'k .d b:- 4� ki ( d t`N „r tt ti�sm�x�a x r to ty Ru< „��`�,�,a� is '* E, y d pry n ',*` . .,t 9 s 'R— '�' '4 ^3,' WTI '� " `k L x. x h, i ra• ;d Fr Nfi F u C #ry ti � r �' C 1 kn i �,� � � '� � y �f SS, EMERGENCY ORDINANCE: AMEND ORDINANCE NUMBER 11 770, ANNUAL APPROPRIATIONS AND CAPITAL IMPROVOVIENTS PROJECTS ORDINANCE TO INCREASE AND DECREASE -CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR PURPOSE OF ADJUSTING SAID APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001 AND TO REVISE ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW PROJECT SCHEDULED TO BEGIN IN FISCAL YEAR 2000-2001; APPROVE CHANGES TO TABLE OF ORGANIZATION FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001 (SEE NUMBER 1.1). Commissioner Teele: Is it no\v -- can we recess now? Vice Chairman Gort: Yes. Conunissioncr Teelc: What's the item number? Alejandro Vilarello (Cite Attorney): Commissioner, you passed a resolution early this morning with regard to Virginia ley Beach Park Trust. Vice Chairman Gort: Right. Mr. Vilarello: And that was conditioned on the adoption of the emergency appropriations ordinance. Commissioner Tccle: Thank you for keeping us out of trouble. Vice Chairman ;ort: Read it. Mr, Vilarello: You have three members. Vice Chairman Gort: Read it. Mr. Vilarello: Three members. Vice Chairman Gort: We have four. Commissioner Tcele: You've bot four. Vice Chainnan Gort: We have four. Read it. (INAUDIBLE.) Mr. Vilarello: The appropriations item. Commissioner Teele: What's the item number, :Madam Director? Linda Haskins: It's item -- Linda Haskins, Director of Management and Budget. It's item number 13. It's an emergency appropriations ordinance. 342 July 10, 2001 0 • Vice Chairman Gort: Read it. Roll call. An Ordinance Entitled AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NUMBER 11970, AS AMENDED, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCE 110 INCREASE AND DECREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR TUE PURPOSE OF ADJUSTING SAID APPROPRIATIONS FOR FISCAL. YEAR ENDING SEPTEMBER 30, 2001, AND TO REVISE ONGOING CAPITAL. IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR A NEW PROJECT SCHEDULED TO BEGIN IN FISCAL YEAR 2000-2001; FURTHER APPROVING CHANGES TO THE; TABLE Ol" ORGANIZATION ADOPTED SEP1'LMBL-R 28, 2000, AS AMENDED, FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele and seconded by Commissioner Regalado, 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 Wifrodo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Commissioner Johnny L. Winton Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Regalado, adopted said ordinance by the following; vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Con-unissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12087 The ordinance was read by title into the public record by the City Attorney. 343 July 10, 2001 Vice Chairman Gort: Yes. Waiter Foeman (City Cleve): 1 need a movant and a seconder. Commissioner Teele: Move --1 moved the item. Commissioner Regalado: Second. Vice Chairman Gott: Second by Regalado. Commissioner Teele: Let me just ask one thing, Madam Director -- Budget Director. Does this include the Arthur Anderson issue? Ms. Haskins: This includes -- from last Commission's resolution, to appropriate eight hundred thousand of Blue Ribbon initiative, and this appropriates it and moves it into a CIP (Capital Improvement Program) fund for utilization there. Commissioner Teele: But does it make any reference to the auditor? Ms. Haskin: Does it make any reference to the audit of -- Commissioner Teele: The City audit... Ms. Haskins: No, it does not. This is eight hundred thousand dollars ($800,000) for the strategic -- for the IT (Information Technology) Strategic Plan. Commissioner Teele: OK. Vice Chairman Gort: Roll call. Commissioner Teele: Mr. Attorney, thank you, because we did promise to deal with that today, and that would have been totally misunderstood if we had not acted. 344 July 10, 2001 E • $6. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: "2000 SUPER NOFA SUPPORTIVE SERVICES GRANT. FUND'; $784,602, CONSISTING OF GRANT FROM UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH MIAMI-DADE COUNTY HOMELESS TRUST, TO PROVIDE OUT REACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS: Carlos Gimenez (City Manager): Yes. We need 11 and 12. Alejandro Vilarello (City Attorney): Both the emergency ordinances. Commissioner Teele: Eleven and 129 Mr. Gimenec: Yes, sir. Commissioner Teele: I moved would move Item 11. Vice Chairman Gort: What's 1 I? Read it. An Ordinance Entitled — AN 1-MERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL, REVENUE FUND ENTITLED "2000 SUPER NOTA SUPPORTIVE SERVICES GRANT FUND"; APPROPRIATINC FUNDS IN THE AMOUNT OF S261,534 EACH YEAR FOR THREE YEARS, FOR A TOTAL OF $784,602; CONSISTING OF A GRANT I -ROM THF. LINITFD STATES DEPARTMENT OF HOUSING AND URBAN DE\VEI,OPMFN'I' THROUGH THE MIAMI-DADE COUNTY HOMELESS 'IRUST. TO PROVIDE OUTREACH, INFORMATION, REFERRALS, ASSESSMENT, AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT ANTU TO EXECUTE ALL NECESSARY DOC'UMI?NTS 1N A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND AL'THORIZ.ING THE EXPENDITURE OF SAID GRANT FOR THF OPERATION OF THE MIAMI HOMELESS ASSISTANCEPROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, 345 July 10, 2001 0 • was introduced by Commissioner Teele and seconded by Commissioner Regalado, 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 Wifredo Gori Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur H. Teele, Jr. NAYS: None ABSENT: Commissioner Johnny L. Winton Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Regalado, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur H. Teele, Jr. NAYS: None. ABSENT: Commissioner Johnny L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12088 The ordinance was read by title into the public record by the City Attorney. Vice Chairman Gort: Roll call. Commissioner Tcele: Mr. Chairman, now that we're focusing, do we need to compute the millagc rate? Vice Chairman Gort: No. They're saying we could wait. Commissioner Teele: Is that critical to -date? Carlos Gimenez (City Manager): No. sir. We can do that on the 19`x'. We'll also -- Commissioner Teele: And what about the Microsoli, isn't that going on right now? 1s there anything we need to ... Vice Chairman Gort: Yeah. That's what -- that's where Johnny's at. 346 July 10, 2001 r{{ass s°a/ru 4 e i r^y"aha ■ �' ° IAN, R "I' s Pf Jly r'st?, �qY � 4 .w € � 'fit, :r � � � U�, 0 • 57. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "ALLIANCE FOR HUMAN SERVICES GRANT TO MIAMI HOMELESS ASSISTANCE PROGRAM 2001104," $191,700, CONSISTING OF GRANT FROM M1AMI- DADE DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN SERVICES, 1-0 PROVIDE OUTREACH, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS LOCATED IN CITY. Frank Rollason (Direclor, Building and Zoning): Twelve. We need to do 12. Carlos Gimenez 1("ity Manager): We need to do 12. Vice Chairman Gort: What's 12? Commissioner Tcele: Move Item 'Number 12. It's an emorgency ordinance related to appropriations of Iluman Resotirce dollars or something there. Vice Chairman Goit: Read it. Who seconded? Sanchez. second. Commissioner Teele: Human Services Grant. An Ordinance untitled AN EMERGENC1' ORDINANCE OF THF, MIAMI CITY COMMISSION ESTABLISIIING A NEW SPECIAL REVENUE FUND REVENUE FUND ENTITLED "ALLIANCE FOR HUMAN SERVICES GRANT TO THE MIAMI HOMELESS ASSISTANCE PROGRAM, 2001-04; APPROPRIATING FUNDS IN THE AMOUNT OF $63,900 EACH YEAR FOR THREE YEARS, FOR A TOTAL AMOt;NT OF 5191,700; CONSISTING OF A GRANT FROM THE MIAMI -DADS DEPARTMENT OF HUMAN SERVICES, ALLIANCE FOR HUMAN SERVICES, TO PROVIDE OUTREACH ASSISS.'v1E:NT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS LOCATED IN THF. CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS IN A FORM ACCF..PTABLE TO THE CITY ATTORNEY, AND AUTHORIZING EXPENDITURE OF SAID GRANT FOR THE OPER-ATION OF 'IHR MIAMI HOMELESS ASSISTANCE PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 348 July 10, 2001 • was introduced by Commissioner Teele 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 Wifredo Gori Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. DAYS: 'done ABSENT: Commissioner Johnny L. Winton Whereupon the Commission on motion of Commissioner Teele and soconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joluuty L. Winton SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12089 The ordinance was read by title into the public record by the City Attorney. Vice Chairman Gort: Roll call. Walter Foeman (City Clerk): I need a seconder. Commissioner Tcole: I moved it. Vice Chairnian Gort: Second by Sanchez. Commissioner Sanchez: Second. Commissioner Tecle: Is there anything else? Vice Chairman Gort: is that it? OK. Do we have a motion to continue this until August -- July 19 at 4 o'clock. Commissioner Teele: At 4 p.m. ffff� 349 July 10, 2001 { rt ,� '} r r'� ,� .* r� � c � : r at , � a �' F �t�r� a� ��� �t � r Y a y t� : ar Yr �� n �` � K � �. � 1 ii* ? 3� .� m -�s-.� ' +, + i '�_,N,.,f r�r� tr Ti?�---}�, :,•'a�a„ �v d fir; }�:P kik as xr-'Y^i�` 4h'-+'JRx '�+,'cw r# ;ac; i,N e� L 6 F3',. } i �e �" , min SAW; w . G" :- �li��.► -int .1F��� 0 . r58. (A) AMEND SEOPW RESOLUTION NO. 01-52 TO AUTHORIZE CRA TO RETAIN TLMC ENTERPRISES TO CONSTRUCT NEW FENCING AROUND FREDERICK DOUGLASS ELEMENTARY SCHOOL PURSUANT TO ITS EXISTING CONTRACT WITH CRA WHICH INCLUDES CONSTRUCTION OF FENCING IN LIEU OF SEEKING COMPETITIVE BIDS, AND AUTHORIZE EXECUTIVE DIRECTOR OF CRA TO EXECUTE CHANGE ORDER TO CONTRACT WITH TLMC TO ADD CONSTRUCTION OF FENCE TO SCOPE OF SERVICES, $200,000.00 (B) AUTHORIZE CRA EXECUTIVE DIRECTOR TO ENTER INTO THREE YEAR SUPPORT AGREEMENT WITH CITY'S DEPARTMENT OF COMMUNITY DEVELOPMENT (MDCD) ON BEHALF OF OVERTOWN OPTIMIST CLUH PURSUANT TO WHICH CRA WiLL PERFORM FIDUCIARY FUNCTIONS REGARDING USE OF FUNDS ALLOCATED BY MDCD TO CLUB. Chairman Tecle: We scheduled a Board mccting just to deal with two issues that are time sensitive. One of them we dealt with today, and that is a fiduciary issue relating to the Overtown Optimist. As you know, this has been the subject of some very high media attention that the City has failed to address the issues of the Overlown Optimist a(ler the audit, And what we had agreed to do in the CRA meeting is to serve as their fiduciary. This will codily and instruct the Manager -- tite Executive Director to enter into the agreement, pursuant to the actions taken by the Board today. 'These funds are desperately needed by the Optimist, in that they have their banquet next week; is that right? Dipak Parekli (Director, CltA): Saturday, sir. Chairnian Teele: Saturday. So, if there would be a motion to -- which one is first? Mr. Parekh: The fencing was first. This was second, but ... Chairman Tecle: There is a motion on the Optimist or the fencing, either one. The fencing is simply allowing the Executive Director to enter into the agreement passed by the School Board last week; and farther providing that the contractor will continue. that is, working on (lie parking lot, puu:,uant to all agreement that was made previously. it does not allocate any new dollars, and it's done primarily because we've got to get this done before school opens on the first of September. Motion on either resolution. Board Member Ciort: it's a motion. is there a second'? Board Member Sanchez: So moved on the fencing. Chairman Teele: Moved by Commissioner Sanchei oil the fencing. Seconded by Commissioner Regalado of the resolution. All those in favor say "aye." The Board Members (Collectively): Aye Chairman Teele: Those opposed? IIIBL[y'L. 351 July 10, 2001 0 11 The following resolution was introduced by Board Member Gort, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 01-87 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AMENDING SEOPW RESOLUTION NO. 01-52 APPROVED ON MAY 21, 2001 TO AUTHORIZE T1iE CRA TO RF,TAIN TLMC ENTERPRISES ("TLMC") TO CONSTRUCT NEW FENCING AROUND FREDERICK DOUGLAS ELEMENTARY SCHOOL PURSUANT TO ITS EXISTING CONTRACT WITH THE CRA, WHICH INCLUDES THE CONSTRUCTION OF FENCING IN LIEU OF SEEKING COMPETITIVE" [SIDS, AND AUTHORIZING THE EXECU"rIVE DIRECTOR OF THE CRA TO EXECUTE- A CHANGE ORDER TO THE CONTRACT W[TI1 'TLMC, TO ADD THE CONSTRUCTION OF THE FENCE TO THF SCOPE OF SERVICES, IN THE AMOUNT NOT TO EXCEED $200,000.00 (Here follows holy of the resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sancho, the resolution was passed and adopted by the following vote: AYES: Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez Chairman Arthur E, Teele, Jr. NAYS: None ABSENT: Board Member Johnny L. Winton Chairman Toole: And on the optimist? Board Member Gort: This is a CRA meeting we're in? Chairman Tecle: Yeah, this is a CRA meeting. Board Membcr Gort: We already ... Alejandro Vilarello (City Attorney): You continued the ... Board Member Gort: We continued this until the 19`h, at 9 o'clock. Move it. Chainnan Tccle: Right. Moved by Con-imissioncr Gort. Seconded by -- Board Member Sanchez: Second. mynfl r— 352 July 10, 2001 Chairman Teele: -- Commissioner Sanchez. And this instructs the Executive Director to serve as the fiduciary, and to enter into contracts with the City, pursuant to the actions made today by the City Commission relating to public service, not only for this year, but for the previous year, as well, because none of those funds have been opened. We did reduce it by twenty-five hundred dollars (52500) today. Is there further discussion'? All those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All those opposed', The following resolution was introduced by Board Member Gort, who moved for its adoption. RESOLUTION NO. SEOPW/CRA 01-88 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING; THE CRA EXECUTIVE: DIRECTOR TO ENTER INTO A Tl1REE-YL:AR SUPPORT AGREEMENT WITH THE CITY OF MIAMI'S DEPARTMENT OF COMMUNITY DEVELOPMENT (THE "MDCD") ON BEHALF OF THE OVERTOWN OPTIMIST CLUB, PURSUANT TO WHICH THE CRA WILL .PERFORM FIDUCIARY FUNCTIONS REGARDING THE USE OF FUNDS ALLOCATED BY THE MDCD TO THE, CLUB; WHICH AGREEMENT SHALL BE IN A FORM APPROVED I70R LEGAL SUFFICIENCY BY THE CITY ATTORNEY. (Isere follows body of the resolution, omitted here and on file in the Office of the City C1crk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Board Member Wifredo Gort Board Member Tomas Regalado Board Member Joe Sanchez Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: Board Member Johnny L. Winton Chairman Teele: And, Mr. Jones, you are a man of your word. Board Member Gorr: Good night. Chairman Teele: Good night. QnOMWIff: 353 July 10, 2001 0 • 60. APPROVE CiTY TO CO-SPONSOR "IiAPPY BIRTHDAY MIAMI" EVENT W111-1 BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. WAIVE CITY FEES. $361.00, AND THATCITY SERVICES BE DONE AT TIME AND A HALF ($3,268.00), ALLOW BLACK ARCHIVES USE OF SHOWMOBILE. Commissioner Teele: Then the meeting stands adjuumod, and the continuation of the meeting of July the 10th is continued. That mccling was called for 4 p.m. The time ,s now approximately 5:20, and 1 yield to the Chairman, Commissioner Gort, who has come in fur this portion of the lllectinb. Vice Chaimian Cort: Thank you. Commissioner '1'ecle. First iteral of husincss I'd like to bring is the birthday -- what item is -- Item Number t;, Happy Birthday Miami, Lyric Theater and 9th Street Pedestrian Mall. Derck Davis: Good afternoon. I'm Derck Davis, the Executive Director of the Black Archives Foundation, and the proud owner of the lyric Theater at 819 Northwest 21ld Avenue. Today I'm here to talk about Happy Birthday Miami C'elcbration. For the past 10 years the Black Archives has celebrated the anniversary of the incorporation of the City of Mianli with our own everts in the community, and this year we have been fortunate enough to he able to expand that celebration to a festival that will include events in Little Havana and Overtown, and Lil)crty Cily at St. Paul AME (African Methodist Lpiscopal) Church. We were asking the Cuuumssion 110r sonic help in having this, htlt before I ask for the -- request for Thal help. I'd also like to thank Commissioner Teele for being (lie Grand Marshall of* the parade that we're having on Saturday the 281h, and 1'd like to thank Mayor Carollo. who will be presiding over the opening ceremony for that -- for our event. Our request is to ask the Commission for a w;liver of fees and permits permissible by law, in connection, with the even(. We'd also like for the board to authorize the provision of in-kind services by the Police Department. In that, wc'd like to include security and handling M' the parade route and crowd patrol. We'd like to ask fol in-kind services liirm tho fire -Rescue Department, including an on -hand unit during the evenl; for Solid Waste in-kind services; Off-street Parking; like to have the shownlubile, and the City to cover the costs of insurance tot- that event. In addition, we invite the Commissioners to be -- to participate in honoring the historic sites in the parade. We feel that this is a -- since thy: City of Miami is somohing that till' black comilltill ltV is proud of and we're proud of the fact that 40 percent of the 111ell who convened to establish the City were blacks, and we would lilac the whole City to.join in with us. We're glad that Little Havana is joining in with us in the celebration, and we'd like to ask these concessions from the Commission. Vice Chairman Gort: Thank you, sir Con11111SS1o11eY I'CCIe: alt'. Chairman? Vice C'hairtllan Gort: Yes, sir. Commissioner Teele: I would like to "love the iteral with a waiver for purposes ufdiscussiou. Commissioner 'Vinton: Second. 392 July 19, 2001 Commissioner Regalado: Second. Vice Chairman Gort: It's been moved and second. Discussion. Commissioner Teele: What is the management recommendation and what is the total amount of the waiver? Dena Bianchino (Assistant City Manager): I'll give you the total amount of the waiver in a minute. Our recommendation is that we approve the request to wave permitted administrative fees and to be a co-sponsor of the event. Commissioner Tecle: That is the motion, and the total amount of the waiver? Ms. Bianehino: Christina Abrams will give you that information. Mr. Davis: Commissioner, while we're waiting, I just wanted to mention thut our Chairman of this event, Ms. Athulic Range had to leave, so she was not able to stay till this time, but 1 wanted to recognize that she is the Chairman of the Happy Birthday Miami Celebration. Commissioner Tecle: Delighted she was here. All right. Why don't we just temporarily defer this item, and let's make sure that the staff and we're all in budgetary agreement. Just temporarily, and let asset -- let Unidentified Speaker: We have Police costs, but we don't have the rest of the costs. Commissioner Teele: Oh, we need the total costs. Has tliat number been agreed to by everybody, Christina? Christina Abrams (Director, Public Facilities): Yes, Commissioner, it has. The probable fees are cis�ht hundred and sixty-one dollars (5861). The fee for City services, which include Police, Dire, Solid Waste, and Parks and Recreation is two thousand, five hundred and twelve. If the City were to provide that service, it would be at the time turd a half rate, which would be three thousand two hundred and sixty-eight dollars (53,269). Commissioner Teele: I move that the City waive, as we have agreed, and co-sponsor, and that it be done with a City sponsorship, with a time and a half, as read into the record. Commissioner Winton: Second. Vice Chairman Gort: ]'here's a motion and a second. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 393 July 19, 2001 ROOM. 7-.� The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-708 A RESOLUTION OP THE MIAMI CITY COMMISSION RELATED TO THE "HAPPY BIRTHDAY MIAMI" hVhNT, CONDLIC-111) BY THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION OF SOUTH FI.ORR)A, INC. (THE "ORGANIZ17R"), '1'0 BE' HL'LD AT THE LYRIC THEATER AND NINTH STREET PERI STRIAN MALL, 819 NORTHWEST 2"'' AVENUE, MIAMI, FROM 10:00 A.M. I'HROLIGII 10:00 P.M. ON JULY 28. 2001; ACCEPTING, APPROVING AIT) AUI'110R1Z.ING CO-SPONSORSI IIP OF THE EVENT ON BEHALF OF THE CITY OF MIAMI; AUTHORIZING THf: WAIVER OI-' ALL FEES AND PFRMITS PL:RMISSIBLE BY LAW; AUTHORIZING 11.11✓ PROVISION OF IN-KIND SERVICES BY THE DEPARTMEN'IS OF POLICE, FIRE -RESCUE, GENFRAL SERVICES ADMINISTRATION, SOLID WASTE, AND PARKS AND RECREATION; AND DIRECTING THE CITY MANAGER THAI' SAID AUTHORIZATIONS SHALL. BE CONDITIONED UPON THE ORGANIZER, (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) ORTAINIVG INSURANCE, INCLUDING BU NOT LIMITED -1'0 LIQUOR LIABILITY, TO PROTECT 'IIIE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; (3) ADVISING ALL. ADJACENT BUSINESSES, PROPERTY OWNERS, AND RESIDENTS OF S'I-REET CLOSURES ASSOCIATED WITH SAID EVENT; AND (4) COMPLYING WITH ALI. CONDITIONS AND I..IMI'1'ATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and u» file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifr do Gort Commissioner Tomas Regalado Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 394 July 19, 2001 • 61. ORDER OF THE DAY. - • Commissioner Teele: Mr. Chairman, just one point of clarification. We did calla meeting at 6 o'clock and because there are a number of people that have other obligations, I was asked to see if we could go into that item at 6 o'clock, and then come back to the balance of our agenda, if it pleases the Chainnan? In other words, at six we'll go into the called meeting. Vice Chairman Gort: At six we'll go into public hearings, then we'll come back. Yes. Definitely. 10 problem. Commissioner'I'ccic: All right. Thank you. Derck Davis: Mr. Chairman, one thing that l forget to mention. I misread the line. The snowmobile, that we be able to waive the fee for the showmobile. Commissioner Winton: Couldn't imagine, couldn't. Commissioner Tecle: Was that included in your number? vis. Bianehino: It will be included. 395 July 19, 2001 sanass e • • 62. RATIFY, APPROVE, AND CONFIRM MANAGER'S DETERMINATION THAT COMPETITIVE SEALED BIDDING 'PROCEDURES ARE NOT PRACTICABLE Op. ADVANTAGEOUS, WAIVE • REQUIREMENTS FOR SAID PROCEDURES, AND APPROVE ACQUISITION OF THIRTY 3COM MEGAHERTZ 10/100 LAN CARDBUS. PC CARD (CABLE), THIRTY AUTO ADAPTER CIG, THIRTY IN LINE FUSE ADAPTERS, THIRTY COMPUTRACE 1 YEAR PACKAGES; THIRTY COMPUTRACE 3 ` YEAR PACKAGES; THIRTY INSTALL IMAGE -PROVIDER BY CUSTOMER, 99-PACK4 FOR PANASONIC TOUGHBOOK 28 NOTEBOOK COMPUTERS FROM COMARK GOVERNMENT & EDUCATION, SALES, INC. FOR DEPARTMENT OF FIRE -RESCUE, $15,659. Vice Chairman Gori: OK. Item 6, waive competitive bid on Panasonic Toughbook 28. Commissioner Winton: We're going backwards? Vice Chairman Gort: Yeah. Commissioner Winton: Six. Vice Chairman Gort: We didn't make a decision on Item 6 before. Commissioner Winton: So moved. Vice Chairman Gort: This is tbur/fifths. It's been moved. Is there a second? Commissioner Winton: We need four/fifths. Commissioner Regalado: Second. Vice Chaitntan Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 396 July 19, 2001 • The Ibllowing resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-709 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR/FIFTHS (4/51 -IIS) AFFIRMATIVE. VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, A.ND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT COMPFTITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE? OR ADVANTAGEOUS TO PURCHASE. PORTABLE COMPUTERS AND ACCESSORY PARTS FOR THE DEPARTMENT OF FIRE -'-RESCUE; WAIVING THC REQUIRE MENTS FOR COMPETITIVE SEA] FD BIDDING PROCEDURES; AND APPROVING THE ACQUISITION OF THIRTY EACH OF: 3COM MEGAHERTZ 10/10U LAN CARDBUS PC CARDS (CABLES), AUTO ADAPTER CICS., IN LINE FUST: ADAPTERS, COMPUTRACE ONE YEAR PACKAGES. COMPUTRACE THREE YEAR PACKAGES; INSTALL IMAGE -;-PROVIDERS BY CUSTOMER, AND 99-PACK4S FOR PANASONIC TOUGHBOOK 28 NOTEBOOK COMPUTERS FROM COMARK GOVERNMENT & EDUCATION, SALES, INC.. AT A TOTAL AMOUNT NOT TO EXCEED $15,659.00; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313303, ACCOUNT CODE NO. 289401.840, AS FUNDED BY THE DIRE ASSESSMENT I EE FOR SAID ACQUISITION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gorr Commissioner Tomas Regalado Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSI:NI': Commissioner Joe Sanchez 397 July 19, 2001 63. EMERGENCY ORDINANCE: ACCEPT GRANT FROM U.S. ECONOMIC DEVELOPMENT ADMINISTRATION TO DEVELOP STRATEGIC ECONOMIC DEVELOPMENT PLAN FOR FEC CORRIDOR, ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "FEC CORRIDOR REVITALMATION PLAN" AND APPROPRIATE $300,000, AS REFLECTED IN $100,000 GRANT AWARD AGREEMENT OFFERED TO CITY'S DEPARTMENT OF REAL ESTATE AND ECONOMIC DEVELOPMENT BY U.S. ECONOMIC DEVELOPMENT ADMINISTRATION,. AND $100,000 REQUIRED CITY MATCH ALLOCATE FROM UNDESIGNATED FUND BALANCE AND ADDITIONAL. $100,000 FROM UNDESIGNATED FUND BALANCE NOT DESIGNATED FOR MATCH. Vice Chairman Gort: Six "A" we already discussed. Eight we discussed. Item number 9, acceptance of an EDA (Economic Development Administration) grant, establish revenue find. Commissioner Winton: So moved. Vice Chainnan Gori: It's been moved. Commissioner Tcele: Second. Vice Chairman Gort: Is there a second? Any further discussion? Being none, all in favor state it by saying "aye." Unidentified Speaker: It's an ordinance. Vice Chairman Gori: It's an ordinance. I'm sorry. Read it. (toll call. Commissioner Winton: One discussion point. I would like to recognize Congresswoman Mock again. She really was instrumental in us getting this grant and it's part of the FEC (Florida East Coast) corridor redevelopment task force that Commissioner Tecle and 1 have been working on, and 1 want to recognize her, her great assistance in that regard. Vice Chairman Gort: ]'hank you. Commissioner Winton: And Charles Welhoff was here. Was going to recognize him but don't know where he went. So, thanks, Charles. 398 July 19, 2001 • An Ordinance Entitled •- 0 AN 1 MFAGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ACCEPTING A GRANT FROM THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION TO DEVELOP A STRATEGIC ECONOMIC DEVELOPMENT PLAN FOR THI: FEC CORRIDOR; ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "FEC CORRIDOR REVITALIZATION PLAN" AND APPROPRIATING FUNDS FOR SAID PROJECT IN THE TOTAL AMOUNT OF $300,000, AS REFLECTED, AND A $100,000 GRANT AWARD AGREEMENT OFFERED TO THE CITY OF MIAMI, DEPARTMENT OF REAL ESTATE; AND ECONOMIC DEVELOPMENT BY THE I?NITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION; $100,000 REQUIRED CITY MATCH ALLOCATED FROM THE UNDESIGNATED FUND BALANCE AND AN ADDITIONAL. FROM THE UNDESIGNATED FUND 13ALANCE NOT DESIGNATED FOR THE MATCH; RATIFYINTG THE CITY MANAGER'S DECISION TO ACCEPT SAID GRANT AWARD AND TO IMPLEMENT ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Winton and seconded by Commissioner Teele, for adoption as an emergency measure, and dispensing with the requirement of reading; same on two separate days, was agreed to by the following vote: AYES: Vice Chairntan Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Joe Sanchez 399 July 19, 2001 a#loy� Whereupon the Commission on motion of Commissioner Winton and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado r < Commissioner Arthur E. Teole, Jr. Commissioner Johnny L. Winton zF�1AYS: None. i Hr' k ; ABSENT: Commissioner Joe Sanchez �F #) iA U 0"INANCE WAS DESIGNATED ORDINANCE NO. 12090 Tbc'ordihance was read by title into the public record by the City Attornq ' ' , }k`Af f,ql �yy��gTk f,. "q'i #T C Z .ink s`r 3y:f�L 4 i 4 7wtyr4 Nt x d R � k z ¢� y t w MWC-1'-' 400 July 19, 2001 0 • 64, AUTHORIZE MANAGER TO , ENTER INTO PROFESSIONAL SMVICE5 AGREEMENT WITH FLORIDA .INTERNATI`ONAL-L'NiVERSITY-METROPOLITAN CENTER TO PREPARE IMPLEMENTATION- STRATEGY FOR FLORIDA EASTCOAST RAILWAY CORRIDOR INITIATIVE FOR TOTAL FEE OF $300,000; FUNDS -APPROPRIATED IN SPECIAL REVENUE ACCOUNT ENTITLED "F) C CORRIDOR REVITALIZATION PLAN" ESTABLISHED 'FOR FEC CORRIDOR PLAN: Vice Chairman Gort: item 14, amend ordinance 101214 to increase ... Commissioner Teele: Did you do 10? That was 9, wasn't it? Commissioner Winton: Yeah, we did nine. Vice Chairman Gort: Ten. Resolution authorizing the City Manager to enter into contract with F1U (Florida International University). Commissioner Winton: That's on FEC (Florida East Coast). So moved. Commissioner Teele: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Is this an ordinance or -- Commissioner Teele: No, resolution. Vice Chairman Gort: Resolution. All in favor state it by saying "aye." The Commission (Collectively): Aye. 401 July 19, 2001 r F-1 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-710 A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING AND ESTABLISHING THE FLORIDA EAST COAST RAILWAY ("FEC") CORRIDOR INDUSTRIAL GROWTH TASK FORCE ("TASK FORCE-) FOR A PERIOD NOT TO EXCEED ONE YEAR, TO ADVISE AND MAKE RECOMMUNDATIONS TO THE CITY COMMISSION RELATED TO THE OPTIONS AVAILABLE FOR INDUSTRIAL GROWTH, INCLUDING BUT NOT LIMITED TO, INCENTIVES FOR REVITALIZATION AND ECONOMIC DEVELOPMENT, AND MARKETING, PROMOTION, AND POSSI13LE REZONING TO ACCOMPLISH SAME, FOR THE AREAS LOCATED !FEAR THE FEC TRACT CORRIDOR, AS MORE PARTICULARLY DEFINED HEREIN; SETTING FORTH SAID TASK FORCE'S PURPOSE AND DUTIES; PROVIDING FOR :MEMBERSHIP. QUALIFICATIONS, OFFICERS, RULES OF PROCEDURE, MEETINGS AND QUORUMS, AND ASSIGNMENTOF PERSONNEL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissionor Arthur E. Tocle, Jr. NAYS: None. ABSENT: None. 4 )04 /11A 402 July 19, 2001 65. SECOND READING ORDINANCE: AMEND ORDINANCE NUMBER 12014 WHICH ESTABLISHED AND APPROPRIATED FUNDS FOR NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY EMS GRANT AWARD (FY 2000-01)", INCREASE APPROPRIATIONS, S120,000, RECEIVED AS CARRY-OVER FUNDS FROM PREVIOUS YEAR GRANT AWARDS, TOTAL APPROPRIATION, 5233,304.80. Vice Chairman Gort: Fourteen. amending the ordinance. Increasing funding in the amount of a hundred and twenty thousand dollar ($120,1100) carry-over funds. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Commissioner Tecle: Second. Vice Chairman Gort: Second. Read it. Roll call. An Ordinance Entitled -- AN ORDINANCE OF I IIE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12014, WHICH ESTABLISHED AND APPROPRIATED FUNDS FOR A NEW SPECIAL REVENUE FUND ENTITLED "MIAMI -DADS COUNTY EMS GRANT AWARD (FY 2000-01) INCREASING APPROPRIATIONS 1N THE AMOUNT OF 5120,0011, RECEIVED AS CARRY-OVER FUNDS FROM PREVIOUS YEAR GRANT AWARDS, FOR A TOTAL APPROPRIATION IN THE AMOUNT Oi $233,304.80; CONTAINING A REPFAL,CR PROVISION AND A SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of June 14, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Winton, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur F. Tecie, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12091. The Ordinance was read by title into the public record by the City AttorneN. 403 July 19, 2001 • 66. FIRST READING ORDINANCE: AM AMEND SECTION 2-143 OF CITY CODE ENTITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO REQUIRE THAT CITY OFFICIALS AND DEPARTMENT DIRECTORS SUBMIT DEPARTMENT/OFCICE RECORDS DISPOSITION COMPLIANCE AUTHORIZATION FORM CERTTFYING THAT DEPARTMENT IS IN COMPLIANCE WITH CITY'S RECORDS DISPOSITION REGULATIONS, FLORIDA STATUTES, AND FLORIDA ADMINISTRATIVE CODE, COMMENCING OCTOBER 31, 2001 AND ANNUALLY THEREAFTER. Vice Chairman Gort. Item 15, amending Code Chapter 2, Article 111, Division 4. Archives and Records Management Program. Commissioner Sanchez: So moved, Mr. Chainnan. Vice Chairman Gort: It's an ordinance by the City Clerk. Commissioner Winton: Second. Vice Chairman Goi1: It's been moved and second. Discussion? Being none, read it. Commissioner Sanchez: Roll call. Vice Chairman Gort: Roll call. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING CHAPTER 2/ARTICI.F III, DIVISION 4 OF THE CODE Or THE CITY OF MIAMI, FLORIDA, AS AMENDED; ENTITLED "ADMINISTI ATIONT, OFFICERS, CITY CLERK'; TO REQUIRE THAT CITY OF MIAMI OFFICIALS AND DEPARTMENT DIRECTORS SUBMIT THE DEPARTMENTAL/OFFICE RECORDS, DISPOSITION COMPLIANCE AUTHORIZATION FORM, ATTACIIF.D AND INCORPORATED AS " EXI IIBIT I," CERTIFYING THAT THE DEPARTMENTOR OFFICE IS IN COMPLIANCE WITH THE CITY'S RECORDS DISPOSITION REGULATIONS, FLORIDA STATUTES AND FLORIDA ADMINISTRATIVE CODE; FURTHER COMMENCING OCTOBER 31, 2001, AND ANNUALLY THFREAIJER; DIRECTING THE CITY CLERK OR DESIGNEE TO COMPLETE A RECORDS DISPOSITION COMPLIANCE. AUTHORIZATION DORM, TO BE EXECUTED BY THE CITY MANAGER AS THE CITY'S RESPONSE. TO STATE RECORDS ANALYSIS SECTION OF THE BUREAU OF ARCHIVES AND RECORDS MANAGEMENT, THAT TILE CITY IS IN COMPLIANCE WITH AI.I, RETENTION REQUIREMENTS; MORE PARTICULARLY BY AMENDING SECTION 2-143 OF SAID CODE; CONTAINING A REPFALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING IiOR AN EFFECTIVE DATE. 404 July 19, 2001 was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and wqs pfd' op first reading, by title only, by the following vote: 3 AYES: Vice Chairman Wifrodo Gorr Commissioner Tomas Regalada>F s 'Commissioner Joe SanchezND Commissioner Johnny L. Winton Commissioner Arthur L. Teele, Jr. K i rl tis• k 7 k $ YK fY �Jf* wt3` C flit .A ^��s #z^i ff - _ �Ma 1"d MW•%Tone. AUSEW.None.x !Wasunto tib pit 0 r�rd L� x^R`m{f5% �, s �,�Y ;da,,. t.�'�•Tb��,r�z�'�����4��ir'sua.?°� ��Fr�� '�`xr�i"v+GY a u "�4 �Y ,"5'#��',Ydt��a;�;. -s "fit .�{ � iF Msm y 41 T T_ ff Y r d�� � ��' ��" r .zy, #' � •i { a f 'i 1C , r ��,,rf N \ rfx��� � 4is 4 fK yds Y Y tontt t 405 July 19, 2001 • • G7. MAKE PROVISIONS FOR HOLDING NONPARTISAN PRIMARY ELECTION ON NOVEMBER G, 2001, FOR NOMINATION OF CANDIDATES FOR OFFICES OF MAYOR AND TWO COMMISSIONERS, AND FOR HOLDING A LATER GENERAL MUNICIPAL ELECTION ON NOVEMBER 13, 2001, UNLESS ALL OF SAID OFFICES HAVE BREN FILLED IN NONPARTISAN PRIMARY ELECTION. Vice Chairman Gort: Nineteen. Legislation calling; for nonpartisan primary and. if needed, a general municipal election Novo nber the 6th. Do I have a ntutiun? Commissioner Sanchez: So moved, A4r. Chairman. Commissioner Winton: Second. Vice Chairman tort: It's been moved and second. Discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 0 1 -711 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH AT'T'ACHMENT(S), MAKING PROVISIONS FOR HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER 6, 2001, FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF MAYOR AND TWO COMMISSIONERS, AND FOR HOLDING A LATER GENERAL. MUNICIPAL ELECTION ON NOVEMBER 13, 2001, UNLESS ALL OF SAID OFFICES HAVE BEEN PILLED IN THE: NONPARTISAN PRIMARY FLECTION; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN GENERAL_ ELF.C'TION, DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN PRIMARY ELECTION AND SAID GENERAI. MUNICIPAL ELECTION, DESCRIBING THE REGISTRATION BOOKS AND RF,CORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF rHE CODF OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CI'l Y HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH NONPARTISAN PRIMARY ELECTION AND SUCH GENERAL MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THECITY CLERK AS THE OFFICIAL., REPRESENTATIVE. OF THE CITY COMMISSION WITH RESPECT] O THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLARK TO GIVE NOTICE{ BY PUBLICATION OF THE ADOPTION OF THIS RFSOLU'riON ANDTHE PROVISIONS HEREOF. 406 July 19, 2001 (Here follows body of resolution, omitted hexa and on file in the Office of the City Clerk,) tJpot' ling seconded by Conuaisdanar Winton., the resolution was passed and rA t1 cA llltr�g vote { `� x t i'by�'1f: rFc� d i (tamnan Wlfred0 (ion ,'K t ;`mntrtyssioner Tomas�Regalado {'3�� w s.�F 4a 7� t, `•yr x ir'.'. z 2a 'j;y a ; 4 FS 4 SQymiiWonaJoc Sanchez. b ,l},,: w 'a 's` t'e + �°''k'm¢7 •qx f. �yY y x , ssiaitcI Johnny . WiaptAtt Ir✓,+�+Y '.� >~ i 7 b� #SL Y''( 4 .�% �•'"� � , kd �T � �:+f ��t� Fk �iV} "-5� �' t v k M �,. gyp•.` c§ � >q;`.b,}' {. ( �, M � � 7 t i� fi u Mw It cF 4 , NIX j y C Ni i X43+ t�t t a rg4u �at .�n ''41T � orf b ,� � cc � k },� ?+3 +�� Y',F { tti � 3 t •„: ., .;� � Pr r , E k k Ati2 July ;19.2001 68. RATIFY, APPROVE AND CONFII m MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVE RENTAL OF MARINE FORKLIFT TRUCK FOR MARINE STADIUM MARINA FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM KELLY TRACTOR CO. $25,740; ALLOCATE FROM MARINl3 STADIUM j MARINA OPERATING BUDGET, Vice Chainnan Gort: Item 21st, resolution ratifying ... Commissioner Winton: Twenty-one. Vice Chainnan Cort: Twenty-one. A resolution ratifying the City Manager's emergency finding for rental of forklift truck for !Marine Stadium Marine Office. Do I have a motion? Christina Abrams (Director, Public Facilities): Commissioner, may I make a... Vice Chairman Gort: Excuse me. Do I have a motion? Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved Is there a second? Commissioner Winton: Second, Vice Chairman Gort: Yes, ma'am. Ms. Abrams: Commissioner, Christina Abrams, Director of'Public Facilities. 1'd like to request an amendment. Because we have gone through the bidding process to purchase a new forklift, it has taken two more months than we expected, so we'd like to request the ability to rent the existing forklift until the new is delivered, fur a total of four months, and for an amount twenty - rive thousand six hundred and forty. Vice Chairman Gort: My understanding, you're done already. Ms. Abrams: Pardon? Vice Chairman Gort. You've done it already. Ms. Abrams: Well, we're renting it now. Vice Chainnan Goti: OK. All right. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 408 July 19, 2001 • • The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-712 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR/FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING TH1; REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE RENTAL OF A MARINE FORK LIFT TRUCK FOR '1'111: MARINE STADIUM MARINA FOR THE DEPARTMENT OF CONFFRENCES, CONVENTIONS AND PUBLIC FACILITHiS FROM KELLY 'TRACTOR CO., IN AN AMOUNT NOT TO EXCEED $25,740 FOR A FOUR-MONTH PERIOD; ALLOCATING FUNDS FROM THE MARINE STADIUM MARINA OPERATING BUDGET, ACCOUNT CODE NUMBER 402003.350508.6.340. (Here follows body of resolution, omitted here and on rile in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: 409 July 19, 2001 •-nrrgt� 69, RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING 'OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE INSTALLATION OF DOCK PEDESTALS CONTAINING ELECTRICAL AND WATER SERVICES FOR INTRACOSTAL SEAWALL SLIPS AT IMIAMARINA AT BAYSIDE FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, FROM BENSON ELECTRIC, INC. $86,987, ALLOCATE FUNDING FROM CAPITAL IMPROVEMENT PROJECT $60,003.93 AND MTAMARINA OPERATING BUDGET $28,983.07, Vice Chainnan Gorr: item 22, resolution ratifying the City Manager's waiving of sealed bids for installation of electrical servicc at Miamarina. Commissioner Sanchez: So moved, Mr. Chairman, Vice Chairman Gort: It's been moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Any discussion? Being none, all in favor stale it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO.OI-713 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR/FIFTHS (41'5-mS) AFFIRMATIVE VOTF,, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING R.LQUIREMENTS FOR COMPETITIVE Sl~ALFD BIDDING PROCEDURES AND APPROVING 'rHh INSTALLATION OF DOCK PEDESTALS CONTAINING ELECTRICAL AND WATER SERVICES FOR TME INTRACOSTAL SEA WALL SLIPS AT THE MIAMARTNA AT BAYSIDE FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITTh''S FROM BENSON ELEC'TRIC, INC., 1N AN AMOUNT NOT TO EXCEED 588,987; ALLOCATING 17UNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOL.NT CODE NO. 311016.359301.840, IN THE AMOUNT OF $60,003.93, AND THE MIAMARINA OPERATING BUDGET, ACCOUNT NO. 413000.350505.840, IN THE AMOUNT OF 528,983.07. 410 July 19, 2001 (Here follows body of resolution, omittod here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the fallowing vote: AYES: Vice Chairman Wifredo Cort Commissioner Tomas Regalado Commissioner Joe Sanchez ;F Commissioner Johnny L. Winton`frl k ; % b NAYS: None. "4 i { Commissioner Arthur E. Toeie, A �csb ly :'. Thiltk ybu: Cmsat presauatian. x -+�` g # y -[$'=':;p� �4 htaa f, { c:nsl v � x n u f :�A� 94a;:X _ �, he m>r,p x,'� ti � �a..,, 't '$rx t'� `k4 z�s�.., iR, •>,� � � � wns. itt' '� fit:: �''� � � a"'�,*' s`x t f t h 5 F Fz r t '3Y �� rTM �x to r a rn� r �{ a 54 .c s r i. �r � �+ J t. � ; .� '_ ,xa"j fi2'S 1� �f � ,� r � �� x �. y. bF t 'F 4 Y p t L Y ! aZ ) J L.pYU, Mim Is `�'`ttAr # x �# {'�„% -ca IN i- .. r )_ ;i " •�i��5Y1kgS h� `D.��$ ". `'� - m L r r `q 411 411 July 19, 2001 • 70 (A) RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE ACQUISITION OF SERVICES FOR REPAIRS TO MAIN SEWER LINE AT .MARINE STADIUM MARINA FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM U.S.A. PLUMBING, INC., $8,850. (B) MANAGER TO STUDY WAYS TO DEVELOP CURRENT OPEN SPACE NEXT TO MIAMI MARINE STADIUM. (INCLUDING CONSIDERATION OF EXTENSION OF BOAT DRY RACKS AS POSSIBLE SOURCE OF REVENUE). (C) MANAGER TO RESEARCH WAYS TO REMOVE BARGE CURRI:NTL.Y j ANCHORED OFF RUSTY PELICAN ON BISCAYNE BAY AND COME BACK TO I COMMISSION WITH STATUS REPORT. Vice Chairman Gort: Twenty-three. A resolution ratifying City :Manager's emergency finding of repairs to sewer line -- oh, we're getting the marina in shape, huh? Marine Stadium Marina. Do I have a motion? Commissioner Sanchez: Why are we -- why do we have to fix that? 1 mean, there's -- Marine Stadium, nobody's using that. Christina Abrams (Director, Public Facilities): Oh, no. We're referring to the marina, Marine Stadium Marina, Bayside restaurant, the Marine Shop. Commissioner Sanchez: Oh, OK. OK. 'Move. So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Relalado: Second. Vice Chairman Gort: Any further discussion? Commissioner Sanchez: None. Vice Chairman Gort: Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 412 July 19, 2001 frnSNEW • The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-714 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR/FII--THS (4/5"1'HS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE RF,QUIREMI-NTS FOR COMPF.TITIVF SF.ALE'D BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF SERVICES FOR RhPAI'RS TO THE MAIN SEWER LNC AT MARINE STADIUM MARINA FOR THE DEPARTMENT OF CONFERENCES. CONVENTIONS .AND PUBLIC FAC'ILITIFS FROM LISA PLl IMBING, INC.. IN AN AMOUNT NOT TO I;XCFFD $8,850; ALLOCATING FUNDS FROM CAPITAL. IMPROVEMENT PROJECT NO. 326008, ACCOUNT CODE NO. 326008.359301.6.83i► (1 tere follows bodv of resolution, omitted here and on File in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the fbllowing vote: AYES: Vice Chairman Wifredo Gori Commissioner Tomas Regalado Commissioner Joe Sanchez Conimissioncr Johnny L. Winton NAYS: None. ABSENT: Commissioner Anhur E. Teele, Jr. Vice Chairman Gott: Let me ask a question while I have you in here, and this is for you, Mr. Manager. We still have a lot of open space between that marina, the stadium itself, that maybe we can expand the use of the marina or bid it out for some -- no? Why not'? Commissioner Winton: Because we need to do -- excuse me. i don't mind answering that because we need to figure out what we want to do over there, so we need to do some sort of master plan for that whole area over there. Vice Chairnian Gort: No. I understand that. But knowing that things work here that could be a whole year, two years before anything is done there. Commissioner Winton: See, if we don't... Carlos Gimenez (City Manager): Part of that project... Commissioner Winton: If we don't move the master plan forward, right. 413 July 19, 2001 Mr. Gimene7.: Part of that property may have a decal restriction with the County that we have to look at before we do anything. Vice Chairman Gort: Can we check on it, because that could be additional revenues for the City? Mr. Gimenez: Yes, sir. Vice Chairman Gort: OK. Mr. Gimenez: But it has to be consistent with a marine stadium use. Commissioner Regalado: Mr. Chairman? Vice Chairman Gort: No. I'm talking about to expand the existing -- what do you call those things where you put the boats'! Christina Abrams (Director, Public Facilities): The racks, the marine racks. Vice Chairman Gort: The dry -- yeah. Commissioner Rcgalado: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Rcgalado: When are we going to tie able to move that barge that is right across Rusty Pelican! It's really, really dirty and ugly. That barge used to be the --1 mean, Raul knows about it. That barge used to be inside -- I mean, they can do whatever they do, but around the island -- the thing is that, everybody that wants to see the sky line of Miami from that area, the first thing that he or she will see is the barge, and -- so, I asked Raul, but I don't know what been happening with that. Raul Marlincz (Chief of Police): Commissioner, this barge initially was in a place that was under the control of Asset Management. I'm sorry. Raul Martinez, Chief of Police. I apologize. This barge initially, a few months ago was docked in a location where somebody else had a right to that area because they had a contract to do that. So, we asked them to move out to, I guess, for lack of a better tern, open waters, and they have moved out to open waters. We have checked the barge. The barge meets all of the requirements to be docked where it's at. I agree with you, it's an eyesore. It's an eyesore to anybody that looks at it that way. From the police perspective, we have nothing; to tell them to move. Maybe front another perspective somebody can, but Gond the police perspective, they have the parking; lights, or whatever it is call for marine boats, they have all the requirements that they've got to have to be out there anchoring in open waters. We will try to work out some son of solution for them to move. That hasn't worked out yet. We're trying to work with Asset Management to sec whether they were willing to give them another area for them to move, but it would have to be an area that the City controls, and the problem 414 July 19, 2001 811112• - with that is that there's going somebody else that has the contract for that area to do boat repairs or boat tows. Commissioner Rcgulado: Yeah, but the thing is -- I understand that, that is not a police matter. i thought that the City of Miami was in the business of bringing more tourism to the City, which would include, you know, raising revenues and all, and I really don't understand why, if we can have it somewhere, we have to have it there, right there, as -- it may be legal, but it's really ugly. It's like -- it's like a huge duntpster in the middle ol'Brickell. It could be legal, but it's ugly. So, l don't know -- it' we don't do anything -- because, I mean -- it' they were told to move from somewhere, so certainly they can be told to move somewhere else. Lori Billberry: IN [ may. Lori Billberry, Director of Asset Management. Previously they were inside the basin, as Chief Martinez said, and our City Code regulates that area. So, we had an ability to tell them they were trespassing and the ability to ask them to leave. They're in an area now that is not ... Commissioner Regalado: Excuse me, Lori. How long were there on that sight'? Ms. Billberry: I do not know the answer to that. I'm not sure. At this paint, 1 have requested assistance from our Legal Department to research what authority, as a real property owner. We own the submerged lands but we don't necessarily control what people can do going across those lands, and I've requested legal assistance at this time to determine what our rights are. Commissioner Regalado: Well, you know, I know it was there. Where was it'? After Andrew. So, that would be 92. And, so, we decided that it was wrong -- and, I mean, two wrongs don't make one right. But 1 just thought if we can tell thein to move around the island so that they don't block the view, that's all. It's very simple. Mr. Gitttenez: We'll follow up. We'll give you a report. Sec what's happening. Vice Chairman Gort: Who owns it and what's the -- who's the operation for? his. Billberry: I'm not sure of the individual owner -- the name of the owner. Vice Chairman Gort: I mean, if it's a corporation, maybe we should go ahead an try to contact them and see what's ... Ms. Billberry: We have been in conversations with them before, and they think that they're perfectly within their legal rights to be where they're at right now, which is why i've requested, a little while alto, some assistance from the Law Department, and they're researching the issue. Vice Chairman Gort: Have we checked with the coast guard also'! OK. 415 July 19, 2001 0 • 71. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZE ELECTRICAL REPAIRS AT MIAMARINA AT BAYSIDE FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM BENSON ELECTRICAL, INC. $5,644; ALLOCATE FUNDS FROM MIAMARINA OPERATING BUDGET. Vice Chainnan Gori: All right, the -- item 24, the resolution ratifying the City Manager's emergency finding for Emergency Electrical Repair -- Commissioner Winton: So moved. Vice Chaimian Gort: -- in the Marina Bayside. It's been moved. Is there a second? Commissioner Sancho: Second. Vice Chainnan Gort: Any further discussion? tieing none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-715 A RESOLUTION OF THE MIAMI CITY COMMISSION, HY A NOIJR/FIFTHS (4/51HS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THF CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING REQUIREMENT S FOR COMPETITIVE SEALED BIDDING PROCTaURES AND AUTHORIZING ELECTRICAI. REPAIRS AT THE MIAMARINA AT BAYSIDE FOR THE llL:PAR'I:MFNT OF CONFERENCES, CONVENTION'S AND PUBLIC FAC'ILI'TIES FROM BENSON ELECTRICAL, RNC., IN AX AMOUNT NOT TO EXCEED 55,644; ALLOCATING FUNDS FROM THF MIAMARINA OPERATING BUDGET, ACCOUNT CODE NUMBER 413000.350505.840 416 July 19, 2001 (Here follows body of resolution, omitted here and on file in the Office of the City Clc&) UpowbeinS seconded by Commissioner. Sanchez; the resolution was passed and adoptad # following vote: 1 k AV 06 he rman wifrcdo t3ort "loner Tomas Regalado , ¢ t k r> ;;} mmissioner Joe SanchezOki RAM ��' re ssionerJohnny L Wiest kv ','fit �� 'S�i�'t r x2� - ` t �b�F•�� 1� i � SM1lMI � x a ' ,.t.f..,J='ti:..c�tur.�.ri: • • 72. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDi1RES AND AUTHORIZE REPAIRS TO LIGHT POLES AT MANUEL ARTIME COMMUNITY CENTER, LOCATED AT ERNESTO LECUONA PARK, FOR DEPARTMENT OF CONFERENCES, CONVENTIONS, AND PUBLIC FACILITIES FROM GANCEDO TECHNOLOGIES, INC. $5,005.97, FUNDS ALLOCATED FROM MANUEL ARTIME COMMUNITY CENTER OPERATING BUDGET. Vice Chairman Gort: Item 25, resolution ratifying the City Manager's emergency finding for emergency repairs to Lecuona Park. Commissioner Winton: So moved. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Any discussion? Being none, all in favor... Alejandro Vilarello (City Attorney): Mr. Chairman? Vice Chairman Gott: Yes, sir. Mr. Vilarello: On the last item, which was a ratification, you need four votes. Vice Chairman Gort: You had four. Mr. Vilarello: I'm... Vice Chairman Gort: Twenty-five. Resolution ratifying City Manager's emergency. There's a motion. Is there a second? Commissioner Sanchez: Second. Vice Chairntan Gort: It's been moved and second. Commissioner Winton: We neer] four on what? Vico Chairman Gori: Yeah. Commissioner Winton: We need four on... Mr. Vilarello: You have four. Vice Chairman Gort: He did. All in -- Commissioner Winton: So moved. II�II)ti!!f[i 418 July 19, 2001 0 Vice Chairman Gort: -- favor, state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-71 G A RESOLUTION OF THC MIAMI CITY COMMISSION, BY A FOUR— FIFTI-IS (415THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THF CI'T'Y MANAGER'S FINDING OF AN F.MF.RGFNCY, WAIVING THE REQUIR1;ML'NTS FOR COMPETITIVE SEALED RIDDING PRCK'EDURI S AND AUTHORIZING THE REPAIRS '1'O LIGHT POLES AT THE MANUEL AR HMFs COMMIINITY CENTER, LOCATED AT ERNESTO LECUONA PARK, FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS, AND PUBLIC FACILITIES FROM GANC'EDO TECHNOLOGIES, INC'., IN AN AMOUNT NOT TO EXCEED $5,005.97, WI'T'H FUNDS ALLOCATED FROM THE MANUEL ARTIME3 COMMUNI IN CEN'T'ER OPERATING BUDGET, ACCOUNT CODE NO. 450001.350509.070. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez., the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifrcdo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Arthur I .'!'cele. Jr. 419 July 19, 2001 0 • 73. R� Wy, APPROVE, AND CONPMM MANAGER'S FINDING OF �HMERGENCY, VAIV=E°'REWREMENTS FOR COMPETITIV$ SM -ED. B1DDLN0 .PR()GBDY=, $ X11 ',k-NfORME SERVICES FOR REPLAC9,MBNT "OF ROOF 'AT . viARINE ST -ADI MARINA OFFICP. FOR DP.PARTMFNT OF M NFSRB14CFS, .CONVENTIONS. AND AMLIC FACILITIES FROM PLAT ROOFS R US, $7,475. Vice Chairman Gort: Resolution -- Item 26, resolution ratifying City Manager's emergency finding of roof repair -- Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Winton: Second, The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-717 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR/FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING TIIE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING SERVICES FOR THE REPLACEMENT OF THE ROOF AT THE MARINE STADIUM MARINA OFFICE FOR THF DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM FLAT ROOFS R US, IN AN AMOUNT NOT TO EXCEED S7,475; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTNO. 326008, ACCOUNT CODE NO. 326008.359301.840. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Arthur E. Toole, Jr. 421 ��L July 19, 2001 • 0 74. RATIFY, APPROVE, AND CONFIRM :MANAGER'S FINDING OF EMERGENCY, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVE ACQUISITION OF HOTEL SERVICES FOR 1997, 199$ AND 1999 SERVICE AWARDS PROGRAM FOR DEPARTMENT OF HUMAN RESOURCES FROM HYATT REGENCY MIAMI, $8,961. Vice Chairman Gorl: Itcm 27, ratifying, approving and conlinning the Emergency Procurement Services. Commissioner Winton. So moved. Commissioner Sanchez: Second. Vice Chairman Gorr: It's been moved and second. Any further discussion'? Being none, all in favor state it by saying "aye." The Commission (Collectively): Ave. The following resolution was introduced by Commissioner Winton, who moved its adoption: ItFSOLUTION NO. 01-718 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR/FIFTHS (4/5THS) AFFIRMATIVI; VOTE, RATII-YTNG, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING 'THF REQUIREMENTS FOR COMPETITIVE S1:Al.hD BIDDING PROCEDURLS, AND APPROVING THE ACQUISITION OF HOTEL SERVICES FOR T11F 1997, 1998 AND 1999 SERVICE AWARDS PROGRAM FOR THE DEPARTMENT OF HUMAN RESOURCES FROM THE HYATT REGENCY MIAMI, IN AN AMOUNT NOT TO EXCF.IrD $8,961, ALLOCA,rTNG FUNDS FROM THE ACCOUNT COI)h NO, 001000.2701 U 1.6.692. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 422 July 19, 2001 m09WAV C� 75. AUTHORIZE CONTINUTF.D ENGAGEMENT OF LAW FIRM OF HOG AN AND HARTSON (FORMALLY KNOWN. AS DAVIS, WEBER AND EDWARDS) FOR LEGAL SERVICES PROVIDED TO. CITY IN CONNECTION WITH CASE OF BEDMINSTER SEACOR SERVICES VERSUS CITY OF MIAMI, $125,000 PLUS COSTS, ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. Vice Chairman Curt: Item 29. Mr. Attorney. Alejandro Vilarello (City Attorney): This is the continued representation of the City in the Bedminster litigation. This is fees associated with the law Gnn of Davis -- formerly known as Davis, Weber. It's Bogan and Hanson. Commissioner Winton: So moved. Vice Chaimian Gort: It's been moved. is there a second? Commissioner Sanchez.: Second. Vice Chainnan Gort: Any discussion? l3eing none, all in favor state it by saying "aye." File Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-719 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Tl IE CONTINUED ENGAGEM1? TV July k I, ?001 Z,h jHOre follows body of resolution, omitted ham and tin fife in the Office of the City Clerk.) �►oit bean$ seconded by ContmtssioM Sanchez, the resolution was passed and ad t ci tbildwing vote: � t t x N 91i6c ClWtinan WifWdo Gore " ICohimissioner Tomas Regslado x;�aaxr.a`R fttmissioner Joe Sanchez s p, isslonex Johnny L. Wtnto " t . a } y}1 on TV July k I, ?001 Z,h x;�aaxr.a`R .41 ' y}1 TV July k I, ?001 • • 76. AUTHORIZE PAYMENT TO LAW FIRM* OF AKERMAN, SENTERFITT AND EIDSON, P.A. FOR REPRESENTATION OF CITY IN APPEAL OF CITY VERSUS GREGORY AND KATHLEEN LANGSETT, 515,000 PLUS COSTS; ALLOCATE FUNDS FROM SELF-INStRANCE AND INSURANCE TRUST FUND, Vice Chairman Gout: Item .11►. Alejandro Vilarello (City Attorney): This is fees associated with a lawsuit of City of Miami -- Langsett versus the City of Miami. There was a conflict that arose during that litigation and we needed to retain counsel for hoth the City and for Officer Profitt. This resolves the outside counsel fees for the law tints of Akerman Senterlitt., which represented the City in that case. Commissioner Sanchez: So moved. Vice Chainnan Gort: It's been moved. Is there a second? Commissioner Wintun: Second, Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "ayc." I'he Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-720 A RESOLUTION OF TIIE MIAMI CITY COMMISSION AUTHORIZING PAYMENT TO THE LAW FIRM OF AKERMAN, SF,NTERFITT AND EIDSON, P.A. FOR REPRESENTATION OF TME CITY OF MIAMI IN '11 -IE APPEAL OF CITY OF MIAMI VERSUS GREGORY AND KATHLEEN LANGSETT, U.S. COURT OF APPEALS, ELEVENTH CIRCUIT. CASE NO. 00-160-160731, IN AN AMOUNT NOT TO EXC'EFD 515,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUINDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE. NO. 515001.624401.6.652, FOR SAID SERVICES. 425 July 19, 2001 (mere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Conunissioner Winton, the resolution was passed and adopted lsy following vote: 4� 44 AYLS: Vice Chairman Wiftbdo GOrt ,� ° k� Commissioner Tomas Regalado 7 z Commissioner Joe Sanchez; Commissioner Johnny L. Winton t r None.L P,i �tFr_'y 7k�i+�t Y� �^n� �• t town€ .` r� � ��" ���� a��F`a• w } � .! �a vY t �iJ . t� �`� ., s ` w ark»? g S +, Pit . � j �.� �yx'� � .flT } ri to �„�� � �a� �'����k���� �L.� �„� ���y � ���} •��` �� � • x � v BZW -Axirt NJ ���^ �� �•. �,T Y< z r r 4 a t Q ,� R fix. nk t ti +� 'k w t ." %Ni43 ?t � "1 mfi t*�xx��ti✓t N+'a+'' a -w ivt tM ',, ri4 4 r, ids. *K• €' �"�4',�E �a a t «si Uk' er ttfGtY to 'r> �' I r h� t 416 July 19, 2004 • • 77. AUTHORIZE DIRECTOR OF FNANCE TO PAY TO RONALD J. COHEN, P.A. ON BEHALF OF FORMER POLICE OFFICER ANTHONY PROFITT, ATTORNEY FEES AND COSTS, $34,002.12, FOR REPRESENTATION IN CASE OF GREGORY AND KATHLEEN LANGSE7"I'; ALLOCATE FUNDS FROM SELF-INSURANCE TRUST FUND. Vice Chairman Gort: Item 31. Alejandro Vilarello (City Attorney): And this is the one that resolves the Attorney's fees for Officer Anthony Profitt in that same case. Vice Chairman Gort: Is there a motion'? Commissioner Winton: Reluctantly. Vice Chainnan Gort: There's a motion. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Any further discussion'? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-721 A RHSOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING 71114, DIRECTOR OF I'INANCE TO PAY TO RONALD J. COHEN, P.A., ON BEHALF OF FORMER POLICE OFFICER ANTHONY PROFITT, A'17ORNLY FEES AND COSTS, IN AN AMOUNT NOT TO EXCI EU 534,002.12, FOR REPRESENTATION IN THE CASE OF GREGORY AND KAT1I1.F.F,N LANGSET 1', U.S. DISTRICT COURT CASE NO, 97 -3323 -CIV - GOLD; ALLOCATING FUNDS FROM THE CITY OF MIAN41 SELF- INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. 427 July 19, 2001 (filers follows body of resolution, omitted here and on file in the Office of the City Clark.)- Up lerk.) L3pttn being seconded by Commissioner SSanchar the resolution was passed and t'dapted ok ilawi vote:��� ! -� r t ai V7 `a' Chairman Willredo CJOii 'S c a mtmssioner Tomas Regalado z fr zxrot3ttriissioncrJae Sanchez msloner ,�dhnnj� L Wttll�� �YF +t air � *r 73 Hn�sttk � ,,.,•'R � t ! �,?+ `I� 5y n:�srs �-r°��Tfi:a't meq, i *,.,� i� ��-�x, ¢�'� t. e.e t�'�• �.� � `A -.,.r`�.-'"" .�" ..s .� 4•� )i,,�'c��r¢� 'S� Sb ,�,r3 u� '���ry°�r � .t3. '�r 4. i. yz"7 Ate'.+ �'� '''F 't e �`r,�'�` fix*•€ �#�# I FS 4 ' S } 45 9 - 'd My LtF..:. cY. ' •TD`S t E `� i"yE� �' , C ��� � `k"r- '� v�¢y:. > ,- �� �' -: "#� t� F a i•'.x i'�3 � %aA � .,y '�` xt+r'��9 ,� ii �4x77d i ..% �.edr 9t erg �';��t.'p'J�'-�At lty l�yJ7 L `tint �.�. `�"•�b."T b' >t' ... ,t., !! ,.}_�+ t :•� $ 4$�r "� $r> }x, t "'r3{ 5v � }' zbf.,Y''�, tF a L � � Y' ta.k � � r H''i t• x - i � �� �� "� 3'�,r. ti°F � .rr - s . P `. 'r �K a �, 3He A. ,,m ai �.4n;R s 'Ss! :�'��* s"t }� i• J 7 '� 4'.{ �i-�.'n. '��e 4 g July 9. 2401. 78. RATIFY. APPROVE AND CONFIRM MA.NAGEWS FINDING OF EMERGENCY; RESCIND CONTRACT WITH C.A.C. CONSTRUCTION CORP FOR PROJECT ENTITLED "ROBERTO CLI MENTE PARK RENOVATIONS, B-6305". WAIVE REQU]REMEN7S FOR COMPETITIVE: SEALED BIDDING PROCEDURES; ACCEPT BID OF BRC CONSTRUCTION COMPANY, INC. FOR PROJECT ENTITLED "ROBERTO CLEMENTE PARK NET OFFICE REMODELING (2"1' BIDDING) B-6354", S54,859.50; ALLOCATE FUNDS FROM SAFE NEIGHBORHOODS PARKS BOND AND NET OPERATING BUDGET. \%ice Chairman t fort: Fero ;2 is ratilication of emergency action for Clemente Park, NET (Neighborhood P.nhanceinent Team 1 office remodeling. Commissioner Winton: So mored. Commissioner Sanchez: Second. Vice Chaimian Dort: It's been moved and second. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-722 A RhSOIAYI'ION OF TIIF. MIAMI CITY COMMISSION, BY A FOUR/FIFTIIS (4i51`11S) AFFMMATIVF VOTE, RA"fiFYING, APPROVING AND CONFIRMING THF C'I'TY MANAGER'S FINDING OF AN EMERGENCY; RESCINDING; THF CONTRACT WITH C.A.C. CONSTRUCTION CORP, AWARDF.I) PURSUANT TO RESOLUTION NUMBER 99-5. ADOPTED JANUARY 12, 1099, FOR TI1F PROJECT ENTITLED "ROBFRTO CLEMENTF PARK RFNOVAI'IONS, 13-0305"; WAIVINO THL• REQU1R'FMF.NTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, ACCFP'TINC; HIE OCTOBER 19, 2000 BID OF BRC CONSTRICTION COMPANY, INC., AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PROJECT ENTITLED "ROBERTO CLE MENTE PARK NET OFFICh RIA1011FLINO (2ND BIDDING) B-6354", IN AN AMOUNT NOT TO EXCEED 554,859.50; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTPROJECT N'O. 331056, ACCOUNT CODE NO. Z 19305.0.860 (SAFE; NEIGHBORHOODS PARKS BOND), AND NET OPERATING BUDGET, ACCOUNT CODE NO. 145001.251113.b.670; AND AUTHORIZING THE CITY NIANAG]:R TO EXECUTE ALL NECESSARY DOCUMENTS, JMENTS, IN A FORA ACCEPTABLE 'TO THE CITY ATTORNEY, FOR SAID PURPOSE:. 429 July 19, 2001 U9615VAN (Here follows body of resolution, omitted here and on file in the Office of the City Cii ) Upon being secondod by Commissianer Sanchez, the resolution was passed)VW-11 11 and adop d hit fol#evvviag YptB r , ���� % o.,Clatmman Wifredo Gort , Couunisaioner Tomas Regalado a N�� s a ra:� i minioner Toe Sanchez ytnYnsaioaar Johnny L. Vlfinit ;, g . x 4A" `� "'�v��wTIR�'�'�• MS +fit! Sh, �3r � r `y�&a y� � �+��ss. F.b ,•�s�N��� t ,�,�*�y'.,t"r ,i sq t t � *�' ., ,,t �fJ�Sa'` > �"-��'�u..�T,��''�����a ��~z ���'4h " '��^�"�rt� •�hi'l t�` ���� r"T ., :. fi { R..i�JLxy* • 5�.. �. � L,JS. q°v i a '�� 4 ��4{�:AJ` ]K # J u� �, y4 't „} 4 f,�, �' S k ff i 4 S r '4d h x f i i qty }F`ti `�sSz ukt it S+,�2 {ry.rF n.4`?tL1 i r cr R i -.a 5C •i y. Y iW' 4 ns 1 '1 5 l� A x t `430 My 19, 2001 ' . Mqt PRO?OSED MILEAGE RATE POW- ETL YEAR BE G1 O-,TOS1#t i, ,AND INI?A'G SBiE'�El 3ni�` i r Vice Chairman Gort: Item 33. Move to be -- moved on that one? We passed that one before, didn't we? Carlos Gimenez (City Manager): No. sir. Al©jandro Vilarcllo (City Attorney): No. m , �+ �'�` tfi'MaVti�, .. Y 5KI, F,'�,dvi ii sr� 1,1-11 —N, ye �U,�"�"s C'roti t ■ AM luly ii, 2041 84. AUTHORfI_E MANAGER TO APPROVE PROVISION OF CONSULTING SERVICES FROM AMERICAN APPRAISAL ASSOCIATES TO ASSIST WITH FIXED ASSET ISSUES REQUIRED TO CONFORM WITH NEW ACCOUNTING STANDARD )BOARD (GASB STATEMENT NUMBER 34), UNDER EXISTING BROWARD COUNTY, FLORIDA RLI i NUMBER 801400, FOR DEPARTMENT OF FINANCE, $75,000. Vice Chairman Gort: 'I hirty-three A, procurement consultant service with American Appraisal and Associates. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Any further discussion'? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-723 A RESOLUTION OF THF: MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO CONTRACT FOR CONSULTING SERVICES FOR THE DEPARTMENT OF >+INANCE WITH AMERICAN APPRAISAL. ASSOCIATES, TO CONDUCT A REVIEW ANIS EVALUATION OF PROCEDURES TO PROTECT THE CITY'S INFRASTRUCTURE ASSETS FOR COMPLIANCY WITH A NEW ACCOUNTING STANDARD BOARD STATEMENT (GASB STATEMENT NO. 34), UNDER EXISTING BROWARD COUNTY, FLORIDA RLI NO. 801400, EFFECTIVE UNTIL SEPTEMBER 30, 2001, PROVIDED THAT THE CONTINUATION OF THIS AGREEMENT BEYOND THE END OF ANY FISCAL YEAR SHALL BE SUBJECT TO THE AVAILABILITY OF FUNDS; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.260201.6.280, IN AN AMOUNT NOT TO EXCEED $75,000. 432 July 19, 2001 (floe follows body of resolution, omitted More and on file in the Offlcc of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adapted by Aho l following vote: 11�Si IVcc Chairman Wifredo Gott Commissioner Tomas Regalado``� r Commissioner Joe Sanchez y `30`° �'� !Cgpunis$ionar Johnny L. Wirt n Y 4 un a `#fix v t MSi�4x°' 1r wf�m4sioner Arthur 1?. Taolo, + �,.�` � {�i:. ar+ � '�k, � � y�S� Y r t f a, � q__ �y1."4' t4}, � �# Y A ,' •�, . w Nkrt# ✓ "� n w i' � � � � �.� *' { S '� � .r re � ;"t1 �' � ..y�,ai t i �".=i d» taw k v Sk t �f.�{ ,�^t'�� .�k �` •sa t %�„m'�c+�� ,�cc t i '`r '�,vt+3'� ' 'iw�` � '4�'- w" ��:.£ `� ra'•.S� in �*ka.�r ,,,A, . �T . t. r 6 5 $ w P "i Jcss , � - }1 ".s 1� ;'.�. e�'adr� 4 ?,�- i t " �rcy.bkl`,�-.t!`�➢.. "5i �.. a T?.i�it $¢<f � r F :: � � �. t r � f . ,f1. r-'�*� xri Ms P*{tCy � r •s. .. r l w,..�, tcc. h Y������� 6k��n'�Sw 4 �Y t: �t, £� tw� �E`kk4 a,�`f .� r r �v�-Ts � �tyy# � dvY iber<� A ''' ar �^, {...fs i '{e t. �,�h * �,. �.4, "� 5.{, �t'i� � � K� a ✓ n �, ✓€:..�t +;. x k. '�a ' ..day 433 July 19, 2001 • • 81. TABLE: PRESENTATION BY KPMG LLP ON ITS FINDINGS J RECOMMENDATIONS REGARDING FY 2000 ANNUAL AUDIT. Vice Chairman Gort: Three four. Commissioner Sanchez: I think -- 1 think the only appointment there, I believe it's Commissioner Tcele. Vice Chairman Gort: 1 think he made that at the last -- didn't me make ... Commissioner Sanchez: lie appointed himself the last time, didn't he? Walter Focman (City Clerk): Commissioner Teele appointed himself. Vice Chairman Gort: So, you don't need any action on this? Mr. Focman: Yes. Need an appointment. Commissioner Regalado: And I appointed. And I appointed. Commissioner Sanchez: And you appointed yourself also? Commissioner Regalado: No, no, no. I appointed -- Mr. Focman: No. Commissioner Regalado: -- somebody else. Vice Chairman Gort: All right. So you don't need any action on 34? Mr. Focman: No. Vice Chairman Gort: Thank you. We're waiving the next report from the boards. Digital Presentation, library presentation by the Office of the City Clerk. You want to leave that one for the next one? Mr. Focman: You deferred that to September -- first meeting in September. Vice Chairman Gort: Presentation by KPMG (Klyneld, Peat, Marwick, Goerdeler). Carlos Gimenez (City Manager): Thirty-seven. Commissioner Winton: KPMG is up. Note for the Record: Item 37 was tabled. 434 July 19, 2001 82. AliTHORIZE MANAGER TO HAVE DISCRETION TO CUT RATE CURRENTLY BEING PAID BY CiTY FOR LONG DIS'T'ANCE TELEPHONE Vice C'hainnan Gori: Can you give me the -- while they're looking for it, let's move on to 38, the City intplenlentalion of file Oovenllnent Accounting Standard, GASB (Government Accounting Standard Board), statement number 34. Commissioner Winton: \Where are you? Vice Chairman Gori: Thidy-eight, while we're waiting for 37. Bob Nachlinger: 'I haul( you. Mr. Chairman. Bob Nachhnber, Assistant City Manager. I passed out to you a copy of the illlplententation schedule that's just been completed by Erickson Young, our consultant for the planning Ibr GASB (Government Accounting Standard Board) 34 compliance. This iteral was discussed this morning with the Audit Advisory Committee. I believe that they hare a rccommntendation, along with this inlplcntcntation guide and it basically brief history of where i+,c arc and what we need to do. I've also given you a set of statements of the fiscal vear cnd 2000 statements, as they would appear in the GASB 34 format. The first five pages of this handout are the GASB 34 format. The balance of the three pages at the cnd is the current forttlat so you can contrast the two. Basically, we do from about it 15 -column balance sheet to a 2-colunin balance sheet, and the second page, the expenditure statement, is an entirely different format, where it takes each of the various activities, and off sets the revenues that that activity generates for a net cost to the taxpayers and then, at the bottom, pulls in all those general revcnucs, showi1lg how 1111101 of each department's budget is being covered by their own aetivitics. The third page is a reconciliation to get from that first balance sheet, 2• -column format, into the next page, kk-hich is the new (. ASB 34 governmental funds balance sheet, and then the new GASES 34 statctnctlt of reventies, expenditures and changes in fund lialances, if you will, lbr the City -- as it would have appeared fbr the September 30th. 2000 statements. if you'd like to have the internal Auditor come up and discuss with you the recommendations of the Audit Advisory Committer frorn their meeting of this morning ... Cotlmtmissionet- Teele: Are those rcconiniendatlons ill writing? Mr. Nach',finger: I believe I have seen a draft of them, sir. 1 don't know if they have been formalized in a final written docurncnt... C'orllnlissioner T cele: I'd like for them to he in writing, and then let -- 1 mean -- Mr. Chairman? Vice Chairman Gori: Commissioner Tecle. Commissioner Teele: Again, we need to receive this and we need to take an action on this, but, again, this is Livery complicated matrix, and certainly you're not asking us to act on this today'? Mr. 1\achlinger: .absolutely not, sir. And I'm -- would be pleased to sit with each of you and go over this at your conveniences. 435 July 19, 2001 • Commissioncr'I'ccle: My question, if I may, Mr. Chairman, regarding GASB, have any -- has -- you know, 1 don't want to start with a CY, cover -yourself; concept here, but more and more of these commissions are finding themselves holding the hand grenade after somebody pulls the pin and walks away. Now, what's concerning me, Bob, with this thing is, this GASB is a bib deal, right? Mr. Nachlinger: Yes, sir. Commissioner Tecle: It's a big, big deal. Mr. Nachlinger: Yes, sir. Commissioner Teele: And, really, the only people responsible for the balance sheet, the annual audit, are the board of directors in the end, right? Mr. Nachlinger: IJltintatcly, yes, sir. You're correct. Commissioner Tcele: And who's the. hoard of directors of the City of Miami? Mr. Nachlinger: The City Commission, sir. Commissioner Teele: OK. So, sec, a little bit of my concern is, we keep talking about consultants, we keep talking about -- do we have any consultants -- because this is what's bothering mc, Bob. The more I'm learning about this, the more I'm realizing this is an asset management or an asset calculation or an asset evaluation calculation and tet -it -on -the -ballot - sheet exercise -- is Asset Management under you'? Mr. Nachlinger: No, sir, they're not. Commissioner Tecle: 1s it under the Finance Director? Mr. Nachlinger: No, sir. Commissioner Teele: flow is this being integrated? You know, the first step that 1 need to understand is, from an internal management -- that is, between the Manager and yourself and the external auditor, who's ultimately responsible -- how is this being organized? Is there a working group? Is this something that Public Works -- do roads and streets and alleyways all get on this thing as well'? Mr. Nachlinger: Yes, sir, they do. Commissioner Tecle: As well as Parks and ... Commissioner Winton: Up by what timeframe? ('onnnissioner Sanchez: Pour years infrastructure. 436 July 19, 2001 HKIN Mr. nachlinger: Actually, the infrastructure ices has to be in place three years after the first implementation. We're anticipating ]laving it that first year. Commissioner Teele: Well, 1 would he much more comfortable if I could read some tyre of administrative order or some type of document that comes from the A4anagcr to his staff or as a courtesy to us, telling us how this is going, to be organized internally. Because one of the concerns that I have, with all due respect, is that !his cuts across all deparlmcnts, and while Drank Rollason is a great Assistant Manager and a great guy, I'm sure -- 1 don't know if he understands all of the intricacies associated with this or, for that matter, Asset Management being under the Assistant Manager for planning -- T1s. Bianehino •- you know, and not to get this personal, but we need to be sure that the Manager of the City of Miami has this City organized in a way that breaks across the traditional operational planning and financial tines around this GAS13 line, and that there is a committee, a working group, a consultant or some process in place that at least gives this Cotmnission the assurance that we're moving in this direction. This is new, and given the fact that four years ago, they were saying we didn't -- or at least as late as sir months ago -- one ofthe federal agencies xvas saying that we weren't totally accurate with our balance sheets. I want to at least make sure that we're passing the right resolutions, and, so, what I would like, Mr. Manager, is two things: Al the next meeting I would like for you to prepare it resolution that you would he comfortable with from the Commission, requesting or directing that you set up the organizational working grotips or whatever it is, and that wv receive, at least quarterly, a report of -- from that working group -- and, i mean, you know -- I don't care hoX% you organize it. That's not our business, but at Fast we'd like to ensure that the external auditor is focused in on this will) us and is providing some feedback in terms of that or the management and audit committee, and maybe a pati of that resolution should be that we ask that the GAS)3 working group report to the management committee, which is sort of our focus on this. And, again, 1 don't want to create a neva committee, but what I don't want to do is say that We just sort of, you know, had a toast and Hail 'Maly farewell and, if it doesn't fret done, it's going to he on us. So, we're sort of in betiveell it. I'd just like to take one step toward passing a resolution or an instructions that creates it working group or committee or whatever you're comfortable with, and Further requesting that oto• Audit and Management Committee or our, you know, Audit Advisory Committer,:, you know, oversee that and prepare -- you know, present something to us quarterly, at least through the firm year, as to where we're going. Docs that sound reasonable to you. Mr. Manager? Carlos Gimenez (C'ity Manager): Yes, sir. Commissioner Teele: Bob, is that --1 mean -- Mr. yachlinger: Yes. sir. fhe other committee that's currently in place that I'd like to get involved in this is the finance committee y'all have established. They clearly need to perform an integral role in this. Commissioner Tecle All right. And that's why I'm asking that the Manager -- management prepare the resolution for the next Commission meeting so that we can at least have something in 437 July 19, 2001 place thut we're moving in the right direction with the right eyes and cars focused on this, if it's —_ all right with you? Mr. Nachlinger: Certainly. Commissioner Teele: Thank you, Mr. Chainnan. Commissioner Sanchez: Mr. Chuirnian? Vice Chairman Gorr. Yes, sir. Commissioner Sanchez: Mr. Chainttan, it's my understanding that the audit committee drafted recommendations on April; however, they never voted on it. Did they vote on the meeting that you had this morning? OK. And that -- because, 1 mean, I would like to have a former recommendation from the Audit Committee -- 1 mean, these arc citizens of our community who, you know, graciously sit on the Audit Committee attd oversee how things are running and they make recommendations to us. You know. 1 -- just to elaborate on what Commissioner Tccle stated. I don't have those recommendations with me. I think it's important to, if anything, recognize them for what they do and at least read what the recommendations are. 1 had a crash course in GASB 34, which is a consolidated plutr conforming to business standards, basically. implementation of the infrastructure -- correct me if' I'm wrong -- it's tour years, and it takes effect September the 30th, 2002? At least the first portion of it. All right. Well, ... Scott Simpson: Yes, correct. Commissioner Sanchez: Not the infi•astructure. Yeah. Mr. Simpson: A Phase I City is defined by the ordinance. (INAUDIHLE) entity has in excess of u hundred million dollars ($1M.000,000) in revenues. So, that would -- Scott Simpson, City Finance Depatiment. So, Miami would be a phase 1. So, for the audit ending September 30, 2002 will he the first year for requirements under 34. What we're trying to do with -- and the Commission .just passed the consultant that's going to take care of the infrastructure portion of that was to treat the infrastructure portion concurrently. Commissioner Sanchez: Would the long-term liability be u concern'? Mr. Simpson: Yes. What you're going to do is, you're basically going to pull a hundred and five million to hotlers of liability, with no offsetting; asset onto the balance sheet. Commissioner Sanchez: Would it he a small concern or a bib concern? Mr. Simpson: But -- yeah, that's been the fundamental accounting throughout all the cities. This is not a problem that's unique to Miami. Commissioner Sanchez: 1 had three questions, and the last one. Do we have the resources to meet the deadline? 438 July 19, 2001 Mr. Simpson: Without going through the recommendation that the committee made this morning, we have the foundation to start it. We do need some help. We need the help basically with a one full-time equivalent person to get infrastructure, other reporting revenue recognitions going. The critical thing is, when October rolls around, one hundred percent of 34 does not have to be in place. What really needs to he in place in October of this year is the mechanism to capture and quantify the program in general revenues. On expenditure side, for the most part, we're already departmentalizing that. So, during the fiscal year, we would have the leeway to go and do the final evaluation of the infrastructure, develop the management discussed an analysis, and make some other policy and procedure (iNAT ?DIBI.P.). Commissioner Sanchez.: So, I would be correct to say that we would need a readiness assessment report? Mr. Simpson: The ready assessment checklist has already been prepared. The consultants, Erickson Young, who prepared it, are here and available for any questions that discuss the checklist. What you need to do from the checklist now is actually sit down and prepare an actual implementation plan. Victor Igwe: Commissioner, on the issue -- Victor Igwe, Department of internal Audit. On the issue of the recommendation from the Audit Committee, we had u draft recommendation this morning. They were supposed to review it and either approve it or make some more additions to it. I don't believe that has been finally approved at this point. Vice Chairman Gort: OK. Thank you. Is there any other questions? Any other questions'! Commnissionct- Teele: Mr. Chairman? Vice Chairman Gott: Yes, sir. Commissioner Tecic: Commissioner Sancho, raised one point, though, that I really would like to focus on. The Audit Committee has done an outstanding.job. They have been very diligent, I think, and maybe at the right time, we should recognize them, but i guess one of the concerns that I want to raise is that, there have been some recommendations that they have trade that have not -- apparently have not come to this Commission. One of them was the long distance telephone. Someone told me -- I guess it was Mr. Harvey who resigned -- and in his exit meeting -- or briefing to nic -- and I really would like to honor -- recognize him because he served and he's gonia on, I guess, wherever they go. But he was really frustrated that we're spending tens of thousands of dollars right now in long distance phone services over and above what the normal taxpayer would pay, just because we can't make a decision on that. is that -- I mean ... Mr. Igwe: Yeah. We put out an audit about a year ago that addressed that particular issue. We still have a contract with USCI (Microwave Communication Incorporated), long distance contract. 439 July 19, 2001 Commissioner Teele: Has the contract period expired'? Mr. Igwe: It has expired, but we have the option to continue to use it. Commissioner Teele: i understand, but the contract bus expired, period'? Mr. Igwe: Yes, it has. Commissioner Teel c: So, we're voluntarily now extending to our own detriment? Mr. Igwe: Right. We're currently paying 31 cents a minute. Commissioner Feele: Bill nobody in America is paying 31 cent a minute anymore. Even my mother stopped doing that. 1 mean, you know, people are -- 1 1 cents, 10 cents, 7 cents, some people 5 cents. You know -- I mean. why would we pay 31 cents a minute? So, that's not the issue on the agenda but it just seems to me that -- you know, those people are doing a good joh of trying to flush out -- it gets back to the issue that Commissioner Sanchez and Commissioner Regalado were raising today. We're too quick to talk about raising taxes and too slow in being very, very aggressive in cutting costs, and I think Mr. Manager, if that's true, if that's true, if we're really paying 31 cent, I would he willing to baa you, if you did it poll in the City of Miami of the taxpayers, it would he overwhelming to gel a lower rate. Carlos Gimenez (City Manager): Oil, I agree. And I dealt with that issue two days ago, asking; why the RFI1 (Request for Proposal) hasn't been issued, and haven't gotten the answer yet. Commissioner Regalado: But it gets worst because what these people from MCi want -- because they owe money to the C'ity -- is it) pay the City charging 31 cents per minute in credit, so, by then, they will he in a win-win situation. Tile money that they owe us, they want to pay back the City with the City using their service at 31 cents per minute. You know, 1 mean, we're lucky -- we're lucky that the Mayor and his police force to find out who was calling; Cuba, because, 1 mean, you know, if they kept calling; Cuha and Africa and all those places, 31 cents per minute, it's really expensive. Commissioner Teele: Mr. Chairman? Mr. Igwe: Yeah, that's correct, Commissioner. They offer to us credit for the two or three hundred thousand dollars ($300,000) in refund they were supposed to give us. They offered to give us 31 cents a minute credit. Commissioner Regalado: Yes. But the remember, the audit committee: did recommend to go aggressive after them for them to give the City back money. Not in credit, in thirty-one dollar, but at the rate that they charge other entities bccuuse they charge us more because we're richer, but ... Commissioner Winton: Well, maybe they ought to pay us a check. 440 July 19, 2001 Commissioner Regalado: Iiuh? Commissioner Winton: A chock, three hundred thousand ... Commissioner Regalado: Yeah. Mr. Igwe: I believe the City Attorney's Office is looking into that Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Gentlemen -- wait a minute. Commissioner T�vlc: Mr. Chairman? Vice Chairman Gort: Gentlemen, we have a ... Commissioner Tecle: The time is now six zero two. I would move ... Vice Chainjum Gort: We have a G o'clock. We're going to do that before we do that, if you recall, one of the things we talked about -- you bo back to your department -- you talked about the little things, like the phone and gas, and things like that, and you'd be surprised how much it adds to. Mr. Manager. Mr. Gimenez: Commissioner, if I could, would you be amenable to me making a -- some type of executive decision now to cut our rates immediately and then come back with -- Commissioner Teele: So move to authorize the Manager to make a decision to cut the rates. Vice Chairman Gort: It's been moved. is there a second'! Commissioner Sanchoz: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 441 July 19, 2001 Tk,lblWking motion was introduced by Commissioner Teele, who moved its adoption MOTION NO, 01-724 ON AUT.i IORTLiNCi THE CITY MANAGER TO HAVE • ' b�iSCRETION TO CUT THE RATE CURRENTLY' BEING PAID BY 1'i cn"Y OF MIAMI FOR LONG DISTANCE TELEPHONE SERVICE. ,:gip bgtng, seconded by Commissioner Sanchez, the motion was passed and added ��► � foilowingvotc*�xt�.., AYES: Vice Chairman Wifivdo Gort t Commissioner Tomas ReSalado# " a * " "F1luiaslOnM loo Sanchcx Ig �E}a'Of - ` z " h " � mmi"ioncr Johnny L. Witatat+ aTY3 ,�y Y°^kTl h� 'S y"[LfyJ aT' 9 dA ".p done, Moro, ��'�'r �s t.. t•4 ,�, it ., �, a� st"�LxsR��"�'�`t'�tki �r Y �� s •� x. Ji S *� +' G f t � � '�' b o- ilk, r.r �8a Te9'•'�i by ,i'k � 4#r l �. ,5:1. ,. .. #`r y�MW G'''x.t f �yt�i�' `<" 442 July 19, 2001 83. DIRECT CITY ATTORNEY TO PREPARE AMENDMENT TO CITY CHARTER FOR CONSIDERATION AT ELECTION TO BE HELD ON NOVEMBER 6, 2001, PROPOSING TO CREATE AND ESTABLISH CIVILIAN TNVESTIGATIVE PANEL, TO ACT AS INDEPENDENT CITIZENS OVERSIGHT PANEL TO CONDUCT TNVESTIGATIONS, REVIEW SHOOTINGS AND EXCESSIVE FORCE ALLEGATIONS, CRLMINAL INQUIRIES. AND EXISTING POLICY OF POLICE DEPARTMENT, TO BE: (A) COMPOSED OF NUMBER OF CIVILIAN MEMBERS TO BE DETERMINED, NOMINATED BY PUBLIC AND APPROVED BY CO:MMiSSION; (B) STAITED WTTIT PROFESSIONAI, PERSONNEL; (C) OPERATED ON ANNUAL APPROVED BUDGET; AND (D) AUTHORIZED WiTH "SUBPOFNA POWERS" THAI' MAY ONLY BE USED iN "CONSULTATION" WITH STATE AI"fORNEY OF MIAMI-DADE COUNTY. Vice Chairman Goil: We'll now close the regular meeting and begin special meeting. Alejandro Vilarello (City Attorney): You're going to adjourn this mceling? Vice Chairman Gort: Or we we're going -- Mr. Vilarello: Or you're guinb to recess it? Vice Chairman (;ori: We're going to recess. We're going to recess this meeting. Commissioner Teele: Recess. Vice Chairman Gort: We'll conic hack ager the 6 o'clock special meeting. Six o'clock Special meeting is on. Mr. Manager, we're now going to go into a special 6 o'clock meeting. What I would like to have, if my fellow• Commissioners agree with me, I would like to have the -- there are two -- my understanding, two proposals being proposed to this bodv. i % ould like for each of the proponents to come forward. Mr. Manager. Mr. Carlos Gimenez ((Ay Manager) Yes. There is initial -- there is another report I'd like to present, .which is from the office of OPC (Office of Professional Compliance) and our proposal for next year for that office, and, so, there will be three presentations. That will take about 10 minutes. Vice Chairman (fort: OK. What 1'd like to do is have the presentation of each party, and then later on we'll open the public hearing. Yes, sir. Mr. Raul Martinez Whief of Police): Commissioner, if I may. first, I'm Raid Martinez., Chief of Police. Before the iRP (independent Revicw Panel) discussion, I would like to make the report that was supposed to be at the last Commission meeting. On 'Match 22"d . I sent to this Commission a memo that was titled Organizational Accountability and 1 listed a hunch of steps in which we highlighted different things that we were planning -- Ne, were boinb to do to increase out orb:miv.alional accountability. We admit, there are some issues in the Miami Police; we admit that we're not going to hide from this issue that we're going to step forward on these issues. On the March 22nd mono we discussed 443 July 19, 21001 0 • putting together, Willi the president of the Blue Ribbon Committee. Sonic of the Blue Ribbon Committee members are here, and I would like to introduce thein and thunk them for their dedication to the City and for working and continuing to working, leaking this City a better City. Mr. Peter Roulhac. Ile's the First [inion National Bank vice president, and he's also the first vice president of tlne Greater Nliam, Chamber of Commerce. Mr. Marty Steinberg. He's the managing partner of (INAUDIBLE.) and Williams. He's a former federal prosecutor and U.S. Senate Chief Counsel. Mr. Amadeo Lopez -Castro. ['m not sure if lie's here vct, but Ile is the Chairman of the Hoard of Tntstees for Public Ilealth frust. VVe also have members of' the Metro -Dade Public Policc, the Florida Department Of Faw Enl'orcenicnt, the Fraternal Order of Police president, and the State Attorney's Office is part of this Blue Ribbon Committee. Beyond the issue of the independent Review Panel -- and the Blue Ribbon Committee will make a Presentation, which is Steinberg. After I'm through. will make a presentation on the Blue Ribbon Committee's recommendation on the Independent Review Panel of their- proposal. Beyond the IRP (Independent Review Pancl), there arc other issues that we have addressed, and i would like to briefly go through thein, if you give me a couple minutes. One of' the things that we're dealing -,with is the use of force. We're in the process of amending our shooting policy, and even though state statute allows more liberal guidelines on shooting at fleeing felons, we're going to restrict, in the Miami Police Department, yUu know, oto- ability Of our officers shooting at feeing felons. The most significant arra we're going to do a lot of work is the issue of training. In the month of August, we're going to start specializing, test of training to all our police officers, and the issue of shooting policy, ethnics, racial profiling and courtesy. This training curriculum has been presented to the Cit CRP (Citizens Review Panel), who has endorsed the training. We are awaiting a vendor selection for hunnan diversity training, which will begirt the later part of this year. We have asked for a vendor to conte in and deal and, start a 2 -day course on hurllan diversity, in which citizens will have a part of this training module. We're finalizing the curriculum for supervisory and command level training, and we hope to present this to the City CRY at 0111• next City CRP meeting. Our post academy Iraining flor new hires is g0irlg to rnCltlde a pUrUUll Uf' C1tlZCnlS' interaction. We are inviting citizens to conte forward, interact with the new recruits before they hit the streets, and they can discuss with them opinions, perceptions that tile.), have of Miami police officers. We are redoing our current Hniployec Evaluation Forel, which right now, at best, is lack luster to allow us to measure. not .lust arrests and data such as that, but to measure citizens' interaction. Commissioner Winton spoke before earlier about file RFP (Request for Proposal) for an outside consultant. We have inrepared the scope of work, which is very extensive, and you're right, it took longer than it should have. We have presented that to management and budget, and management and budget is the one refining the final RFP that will bo out for an outside consultant to come in and tell us how to do our job better, if there's anything we can improve on. We'll be glad to listen to anything that deals with that. \'c arc contacting -- we're in contact with our cumenl profession that is conducting the data analysis from our Miami Dade reference truffle stops, and we're seeing whether we can piggyback on the current contract that Miami Dade has. There is a very significant issue here. There are sonic pending hills in Congress, which is going to tie, or is intending to lie data collection to receive a federal grant I'miding. So, if you don't -- if this passes, if the department does not collect data. 444 July 19, 2001 ITITIME me, thcy will not be able to receive federal ('ending. We will -- we have started -- we have insured community participation within the selection process. Before a candidate is hired, he or she goes through an interview process, you know, and that's the last final step before decision to hire. We have put citizens -- we have a group of citizens who are going to sit on the board and bo through the file and make recommendations to -- should Raul Martiner he hired? Should Raul Martinez not he it Miami police officer? That will be part of our hiring, process. That is basically the quick report on what we have done heyond the Independent Review Panel. The Blue Ribbon Committee is going to make a presentation, Independent Revicw Panel, and the citizens going to make their presentation on their C1P (Capital Improvement Program) recommend tit ion. i can give you the department's perspective. if you want to hear now, rather than the recommendations. We do not oppose Independent Review Panels as the Miami Police Department, as long as it's a fair one. as long as it's an equitable one. as long as it's one that looks at all the facts, and, at the end of all the evidence, reaches factual findings on the evidence that has been presented to them. So, we do not oppose them, as long as it is under that concept. A lair panel. My mother should not sit on the panel. She's never going to find me guilty ofan},thing. The person that I arrested yesterday should not sit on the panel. you know, who may have an agenda against police officers. Should be a flair panel that looks at the facts and makes a final ruling on those facts. So, that is the department's official position of the LRP, not to say that 1 don't think our department can police themselves, but I think Police Departments can police their self iremend3usly, not just internally hilt we h,we U.S. Attorney's Office, the FBi (Federal Bureau of Investigations), State Attorney's Office, who do provide oversight, but I'm a realist and 1 understand that the last incidents in the past few months do cast a doubt on whether we have the capability to do that. internally, 1 believe we do, but it is my job -- we can't do our job without the public and we have to do whatever it takes to bring the public back so that they understand when we say this is what it is, this is what it is. So, I would like to ask, i t' 1 can, Mr. Manager, to ask Mr. Marty Steinberg if he could come forward and do his presentation oil the lndcpendent Review Panel. Commissioner Teele: Mr. t_'hainnan, betiire -- Mr. Mayor, helbre he comes forward, May I inquire of the Chairman of PULSE (People united to Lead the Struggle for Equality) just what procedure would you all -- would your organisation be interested in seeing? Because what I don't want is for us to start out with the same kind of communications problem that we're here dealing with the Police Department, Is there an expectation that you have, Mrs. Mc Elroy that you would be hurried in any particular time or would it -- could we continue with the presentation by the Police Department or how would you prefer that it he handled? Ms. Bess Mc Elroy: Well, since the Chief has already spoken, we would like to go ahead with his presentation Pruni the Blue Ribbon Committee, and we would respond to that report, and then we will present our proposal. Cominissioner Tecle: Thank you, ma'an. Thant: you, Mr. Mayor. . Mayor Carollu: Chief, why don't you go ahead with your presentation then, and then 445 July 19, 2001 they will proceed with theirs and their respective comments. Mr. Marty Steinberg: Mr. Mayor, Manager, Commissioners. My name is Marty Steinberg. I'm a member of the Blue Ribbon Committee and the Chairman of the subcommittee that looked at the Civilian Review Panel. I'd like to tell you for a moment the composition of the subcommittee. The subcommittee that reviewed :his rnatter was essentially three independent citizens who are longstanding members of this community, both in the business and social community. They don't represent any special interest group, nor do they represent the police. 'Their backgrounds range from community activists to chainnan of one of the most prestigious medical facilities in the world to a managing member of a Ltw firm. I'd also like to explain the due diligence that we performed in looking at this. The subcommittee reviewed a substantial amount of material concerning police incidents all over the country, and the need for Civilian Review Boards. We also interviewed, in depth, the Los Angeles ramp park report, and similar reports from other municipalities around the country. We reviewed the Miami Dade Independent Review Panel, the current office of prolcssional compliance:, the legislative impediments facing a Civilian Review Panel, and the vast array of information of Civilian Review Panels that are now in existence throughout the country. The first question that we had to answer was, what is the function or purpose that you wish it Civilian Review Panel to perforin? And after reviewing all of the models of Civilian Review Panels around the country, we believe that the appropriate function of a Civilian Review Panel \vas to oversee and rnunitor the appropriateness of the investigulions as conducted by the authorities, and offer a form for the community to air their views. That is the model that we selected, which is the most accepted model and the most utilized model around the country, is a Civilian Review Panel, which studies the processes and findings of the authorities, provides input for the citizens, and has direct access to the Chief of Police, Ills City Manager, state and ti icral law enforcement authorities, as well as an independent ability to issue reports as needed. Now, why didn't we select a model that has it's own subpoena power? Civilian Review Panels with subpoena power are not very common, and there are many reasons for that. Some of the most critical issues that have to be carefully analyzed by the City, that have to be considered before you go down this avenue, and there are it number of tlwnr. First, there has to be legislative authority before you enter into this arena, and rrrost of the municipalities that have attempted to gain this legislative authority have been frustrated. Second, providing a civilian group with subpoena power can interfere with legitimate ]aw enforcement investigations. Now, imagine, if you will, there are two identical investigative entities; they're interviewing the sante witncsses; they're seeking the same documents; they're scouring the same crime scene. We've all seen what state and federal authorities do when they're hot[] investigating the same rnatter, and sometimes the disastrous results that fire occasioned by two investigative agencies investigating the exact same matter. Now inragine a third - civilian entity doing exactly the same thing the other authorities are doing. In Florida the situation is worse because sometimes in F10641a, for instance, immunity can inadvertently he given under Florida law. file third reason is that ",itnesses are already frustrated at dealing with one investigative process, and we believe they're going to find themselves whip (IN TAUDIBLF) between two processes or even three processes, if the: federal government is involved. Moreover, many of the critical witnesses that you need in an 446 July 19, 2001 Emma �I�I�nif investigation of this sort typically decline to appear before an investigative panel with subpoena power because they're counsel know that only the state government and only the federal government can do two very important things: One is investigate them for crimes, other crimes, and two, grant immunity. And, typically, investigative panels cannot do either. Fourth. Where they're two investigative processes, there is a very high likelihood of inconsistent findings, and the only one that can benefit from that is the suspect. Fifth: The subpoena power alone is totally inadequate. in order to be an effective denovo investigative body that's capable of investigating the matter from beginning to end and disciplining the officer, other tools have to he obtained. Those tools include the power to grant immunity; the hiring of a very substantial investigative force, and the most common recommendation in this field is one investigator for every 250 police officers. So, you can figure out the force you would need to investigate these types of incidents. 'There have to be adequate facilities to hold hearings and take testimony; you have to retain experienced counsel to question witnesses, and to present findings, legislative authority has to he obtained to sanction police officers. Sixth and finally, this comes under the heading "Be careful what you ask for 'less, you receive it." Once given the subpoena power, if the civilian panel abuses it or is ineffective in using it and both have occurred, the focus of attention quickly shifts from what the police have done to what the panel has done. Having been both a federal prosecutor and a chief counsel of U.S. Senate Committee fbr a number of years, 1 caution you that the power to investigate shouldn't he taken lightly and it's not a power to be given to special interest groups, even if they're well intended. It's a power that should he and must be reserved for law enfbrcement authorities, who are properly staffed, and legislatively empowered to employ these techniques. If the authorities don't do their job, we believe they should be rightly criticized and corrected, but to replace them or duplicate them makes no sense and the City faces a lot of risks. The proposal we presented permits citizen participation from the very outset, police oversight, and effective mechanisms to address police misconduct. Since there is no such mechanism now in place, we firmly believe that even if the City wishes to continue to consider the issue of subpoena power and broader investigative functions, the City should first utilize the model we've suggested to measure its impact and the need for further refinements before undertaking the more complicated and demanding task of implementing a civilian investigative panel with full subpoena power. I'd be happy to answer any questions the Commissioners may or the Manager has, Commissioner Sanchez: Mr. Chairman. Mayor Carollo: Go ahead. Commissioner Sanchez: Mr. Steinberg, would it be valid to say that two agencies investigating the same person may have double the -- of creating problems for prosecution, interfering with the investigation? Mr. Steinberg: That's one of the primary reasons many prosecutions fail because two different agencies investigate and there is a problem with evidence, as we've all seen in many famous cases. 447 July 19, 2001 • Commissioner Sanchez: With your experience, you would say that's a valid concern! Mr. Steinberg: It's a significant concern. Commissioner Sanchez: Thank you. Commissioner Regalado: Mr. Chairnnan? Mayor Carollo: Go ahead. Commissioner Regalado: As the Chairman of the panel that did all this study, do you think that the internal affairs agency or department of the City of Miami Police Department has been effective in the last years? Mr. Steinberg: We didn't really investigate the effectiveness of Internal Affairs Department. What we did was review the necessity for a panel to provide oversight for their functions. We found that a panel is appropriate to review and oversee Internal Affairs, but we did not investigate Internal Affairs as such. Commissioner Regalado: But if you felt that (here was a need for a panel to be overseeing, Internal Affairs, is it because you felt was necessary because there was sonic problems with the investigation? I'm asking because what the media is bringing us is a history of Internal Affairs not doing their work. So, what you're saying is this proposal that you have would, in fact, be something like Internal Affairs, but without the powers of the law enforcement agencies? Mr. Steinberg: Well, this specific Civilian Review Panel, which is modeled atter many panels around (lie country, would take the results of what the Internal Affairs Department did examine them thoroughly, review them, determine whether they followed the right processes, interviewed the right witnesses, their findings and conclusions were reasonable, and if they weren't, they would report to the Chief of Police, the City Manager, and the state and local law enforcement authorities. We did feel that there was a significant public perception that the Internal Affairs Department, on occasion, did not reach the appropriate conclusion. Whether they did or not, we did not investigate that. Commissioner Regalado: But you decided that there was a need to -- Mr. Steinberg: Yes. Commissioner Regalado: -- to he on top of Internal A17airs? Mr. Steinberg: We felt it would be salutary for the community, yes. Commissioner Regalado: OK. Commissioner Sanchez: Mr. Chairman, I have one more other question pertaining to 448 July 19, 2001 subpoena powers. It's my understanding that if it City employee is ordered to give any statements in any proceeding and he answers the questions pertaining to the performance of his or her duty, that answer or the fruits of those answers cannot be used against that officer in a criminal proceeding; is that correct? Mr. Steinberg: Florida has some very unusual immunity statutes in the state that the federal government docs not have, and oftentimes a witness can be inadvertently immunized simply by asking him a question and him responding. Commissioner Sanchez: "Thank you. Mayor Carollo: Any further questions front members of the panel? Commissioner Teele: Thank ,you, Mr. Mayor. Mavor Carollo: Cao ahead. Commissioner Tecic: Thank you very much, and thank you for taking the time to come before us today. We've had passed out -- sir, we've had passed out an ordinance. Have you had the opportunity to review the ordinance that is passed out and marked drab, and it is entitled... Mr. Alejandro Vilarello (City Attomey): Commissioner Teele, I have not had an opportunity to provide that to the Blue }ribbon Committee or any of the other committees. This draft ordinance is based upon the Blue Ribbon Committee 's recommendations, with some additional suggestions, which are in gray type. But it attempts to incorporate into the form of an ordinance the Blue Ribbon Committee's recommendations. Commissioner Tccic: Then let me thank you for clarifying that. Let me -- much of the discussion to date has been regarding the necessity for an ordinance. I'd like to just draw on your experience as City counsel and see i f you can help us form this in a little broader context. Cutrcntly, our Constitution or our document is called the Charter of the City of Miami. There are two issues that could be referred to the voters. One issue relates to the question of subpoena power, which, I think, the City Attorney has correctly opined that we don't have power to grant, even with an ordinance. So, the other question becomes, whether or not this institution or this body, this proposed body, the Civilian Review Panel or the Civilian hidependent Panel could be sontchow authorized in broad terms in the City charter by simply recognizing and creating an independent or a Citizens Independent Panel. Have you given that any thought or is that a subject that the Blue Ribbon Committee looked at'? I know that you all did not recommend specifically subpoena powers. 1 realize that, and I think your testimonv has been both helpful and balanced in giving your considered opinion as to why you did not recommend that. But did you look at whether or not it would do any damage or if it would be in any way lianilfttl if we were, as a Commission, to vote to create in our Charter the tramework for an independent panel'? 449 July 19, 2001 IDIOM Mr. Steinberg: Commissioner, we did not look at the legal basis for implementation. We would be glad to do so. But that wasn't our charge to date. Commissioner Teele: Thank you very much. Commissioner Sanchez: Mr. Chairman, if i may. One last question. Mr. Steinberg, have you had a chance to review the other side's proposal -- Chip's proposal, the drafl proposal that they have? Mr. Steinberg: i glanced at it as I came in today. I haven't had... Commissioner SanelleT You stated that you had done sonic research on different departments, such as San Francisco, New fork, Chicago. You natned some states. Did you do research on most of the cities that have an independent panel? Mr. Steinberg: We read studies of almost all of the cities that hay a implemented Civilian Review Panels and there is a wide range, starting at the far end with subpoenas, but the vast majority seem to he the nuulel that we've recommended to the Police Department and the Commission. Commissioner Sanchez: Well, I also did a lot of home work on this issue also through -- Nicole did research on them and located all the major deparunents throughout the United States that have Civilian Complaint Review Board or a different -- they all have Sart of different names. Are you aware of any panel thuoughout the United States that has disciplinary action:' Mr. Steinherg: No. Commissioner Sanchez: Thank you. Mayor Carollo: Any questions? Any additional questions? None. OK. Chief, do you have any additional presentations that ,you would care to make or anyone else that you would like to speak at this point in time? Mr. Martinez: No, Commissioner. t mean -- no. Sorry. No, Mayor. I'll stand by if the Commission or the Mayor has any questions of me. I'll be here. But i, again, want to thank Mr. Steinberg and the others of the Blue Ribbon Committee who are volunteers, who have given hundred of hours towards this, and they still have working with sonic of the other issues that are desiLniated that we need to look at. Mayor Carollo: Mr. Manager, does the administration have anything to say before we bring it ... Mr. Gimenec Yes, sir, we do. We have a presentation by the OPC (Office of' Professional Compliance). Mr. Richardson and I have been working for a couple of 450 July 19, 2001 monllis on next year's budget, and also a different vision for the mission of OPC, and 1'd like for her to make a presentation on what we're going to be recommending for next year's budget, and how the mission of UPC will be changing next year. Mayor Carollo; OK. Thank you. Before we proceed, since 1 wasn't expecting an additional presentation of this caliber -- in fact, I think it's going to be longer than the one the Chicf presented. Let nie ask i1' you would like for them to proceed, and then you can answer and deal with everything else, or would you like to go forward now and let them go next? Mr. Gimener: We're ready for our presentation. We understood that we were going to be next. Mayor Carollo: OK. Then, let's do this: Let them make their presentation, and then we'll finalize with the OPC's presentation. and then we'll give everybody some additional time for questions and rebuttals. C io ahead, ma'am. If you could state your name and address for the record, and anyone else would speak, do file same, please. Ms. Me Elroy: My name is Fess Me Elroy, 5301 Northeast 5"' Avenue, Miami, Florida. Good anernoon, gentlemen. 1 want to thank you for the special meeting to allow those %eho would present to you a proposal for a Civilian Oversight Board in whatcver format that is being presented to you. 1 would like to start off by saying that it was following the killing by Miami Police of Nicholas Singleton, a ly year old youth, who was unarmed, that the Police Chief invited a group of Ccnrmnunity-Based Organizations and leaders together to discuss the shooting and subsequent meetings were held by the Chief and from those meetings, the Community -Based Organizations (firmed a coalition to work cul police related matters. Since May I have chaired those meetings. We have met cin a weekly basis, along with representatives and concerned citizens from various segments of the community; in order to draw up the proposal that we're presenting to you today for an L civilian controlled (.}versight Board for the City of Miami police, to investigate possible police misconduct. 1 also want to publicly cornnend the group for many hours of labor that went into putting together this proposal. There \kus serious discussions and serious debates that took place in order to arrive at the point where we now stand. And, yet, we're all on speaking tenins. Now, what I would do -- my presentation is I'm going to give you an overview of what our proposal is all about and following my presentation will be other persons from the coalition who will come and speak to you on Icily items. The need to establish ;in Independent Civilian Oversight Board is dile to the fact that we continue to see an increase in numher of' questionable incidents by City of Miami Police officers and there is a huge outcry from citizens for some process to be put in place that will hold bad cops accountable for their actions. Even you, Mr. hlayor, and you, Mr. Commissioner, plus other City officials, have acknowledged that something is amiss and a process need to he put into place to combat file problem. And we met with each of you, individual, to get your feelings, your opinions. ,your ideas of what this process should be all about, and we have tried to incorporate your ideas into our proposal, granting we were only able to meet with two of the Commissioners today, but we're still trying to incorporate your ideas, too, into our proposal. it is evidence by numerous incidents of 451 .lulu 19, 2001 killings and misconduct by City police officers that they cannot police themselves. Too ►nary cases are reviewed and investigated by the division of internal Affairs, who usually clear officers of any wrongdoing. however, the recent indictnnent of, five Mialni officers by the U.S. .attorney for obstructing justice, as in the Richard Brown case, more than proves the point that Police cannot police themselves. Police cannot police themselves when they obstruct justice by fabricating evidence, lying under oath. planting weapons to cover up needless killings, its in the Richard I;rown case. Police cannot police themselves when they furce alleged suspects or victims to perform sexual acts in lieu of an arrest or ticket or for unrevealed icasuns, as i►t the case of.lesus Aguin-c (Phonetic). Police cannot police themselves when a Chief of Police is caught stealing Prone- from a children's foundation, as in the case of Donald Warshaw. Police cannot police themselves when good cups are afraid to report the misconduct of bad cops, tot' fear of retaliation, :is in the case of 011icer Dennis Williams. Under this proposal, current and former City employees will get Whistle Glower Protection fur reporting misconduct by coworkers. We do not advocate any display of violence to show outrage m police abusiveness, hot people beconnc iclewless there corttittucs to he shown little or no -cgard for human life and right now, the community is up in arcus and in a crisis state due to questionable police killings and abusiveness. We have a right to demand and expect that our police officers will work to ser\.c and protect all citizens in the community. We acknowledge that the malority cif' law enforcement officers are good people who take their jobs seriously and strive to carr\, out their duties in a restrained, iawfi►1 and professional manner, often tinder dangerous and demanding: ciietinislances. f lowever, in Spite of this, evidence reveal that we still have a small percentage of olliccrs who display gross misconduct and due to a lack of discipline of these officers, they fear no reprisal. We propose that the panel will he kno\vn as the Civilian Investigutive Panel, CIP. 'fhc panel's cumpusition will he made up of sever; civilians, recommended by community civil rights organizations, and two from the City's Community Relalions Board, liar a total of nine members, all to he confirnied by you, the Conmtisstoneis. The panelists should represent it cross section of the community. It is important that panel members be selected based upon standards of high integrity and moral turpitude, professionalism, unbiased attitudes toward law entorcement officers, and it willingness to work with others it, the system to achieve the common goal. Equally important, members must go through a training process to prepare themselves to sufficiently perlorrtt the duties entrusted in them. Additional training trust be provided on an annual basis, in order to be kept current. Under the general authorities and powers of the panel, the panel would hold ►rlcctings, hold public hearings. conduct investigations, prepare final reports on matters relating to serious complaints agilirrst police officers, and make recommendations for refornn. The C IP will have subpoena power for the purpose of obtaining the compulsory attendance of witnesses at CIP proceedings, and to obtain documents or other tangible items. However, complaints alleging criminal activities will be forwarded to the relevant Prosecuting agency fur review and possible acllon. This panel would also have authority to direct the appropriate City official to sanction sworn officers I'm misconduct if warranted. Subpoena power and disciplinary authority would require a Charter revision. Therefore, Ne respectfully request that this proposal be adopted and placed as it referendum on the ballot for this year's November election. in order to be effective, the panel must have subpoena power. This should not be another Band-Aid approach. 452 .lulu 19, 2001 —IIIZILfr/� • 0 Officers engaged in the complaint process would be granted due process rights. The cities shall provide -- shall establish and fund a budget adequately to support all the functions of the (AP and we do believe that funding could be available because if such a panel is expected as predicted, there should be a savings of some vast -- large sums of moneys. For example, in 1988 the City paid out one hundred and ninety thousand dollars (Si90,000) in the case of Leonardo Ricardo, who was beaten to death by Miami detectives. in 19S9 Clement Anthony Lloyd was killed by officer William Lozano. 'rhe City solved the case for it sum to equal or perhaps it little more than live hundred thousand dollars (S500,000). In 1996, Richard Brown was killed in a hail of 120 ballets fired by members of the SWAT (Special Weapons And Tactics) team. The City of Miami settled the case ler 2000 -- IWO million ti%,V hundred lhuutiand dollars (52,500,000). do — but moDC\- is there, but need to be spent in it more appropriate manner. "These moneys arc wasted tax dollars. And early warning system will be established to identilj, oflicers wlto arc subjects or multiple complaints. Such system shall be in place and viforously enforced. 11' such system had been in place and vigorously entorecd, we would not have an officer such as Jesus Aguirre, who had more than 50 complaints filed against him. The ('IP staff shall consist ol'an executive director, who will he responsihle for selecting other employees to include a sufficient number of law cnfbrcentcnt and criminal justice experts and investigutors, and other personnel as deemed appropriate. I low,ever, no employee shall be a current or fbrnter police officer of any municipality within the Miami -Dade County. 1 nmplo-ycc law entbrcetncnl and criminal justice experts and investigators is crucial to this process in order to ensure that the panel will have access to specialized resources pertaining to police work. The CIP office and its staff shall be housed in facilities that arc not located in the police headquarters or any of its substations. The services of an independent legal counsel shall he retained by file C1P. This is not it racial or cultural biased hoard. it encompasses all segments of our communities. African-Americans. whites. Hispanics, Haitians, and any other and all other groups. Together we must work to achieve the common goal. "file existing of such it panel would help to restore citizens' confidence, to ensure that abusive police officers will be appropriately disciplined. A Police Department can formulate policies aimed at deterring and punishing misconduct, but there needs to be a system in place to guarantee that the police -- that (tic policies arc aggressively enforced. 1 hus, the creation of such ar, oversight panel would fill that void and it would be a great improvement over police trying to police themselves. Therefore, we're calling upon you, Mr. Mayor, and you, Mr. Commission, to do the right thing and adopt this proposal, and place it in the appropriate firm as a referendum on November ballots, and allow the citizens of this great City to vote on this matter, to bring about reform in if positive manner for the City of Miami Police Department. Thank you. Now, at this time, other members from the -- well, before we go into other members, we want to bring sone examples to you of some abusiveness of -- that our citizens have been experiencing -- have experienced in our City, and the first person will be Grisel Ybarra. Ms. Grisel Ybarra: Good evening, tactics and gentlemen, Nfy name is Grisel Ybarra. That's G -R -I -S -F-1.., Y -B -A -R -R -A, and my mailing address is 2320 Southwest 57`'' Avenue, Miami, Florida 33155. The first time that 1 ever spoke to this committee was 15 months ago and I came here to explain what had happened to me while I was out trying to 453 July 19, 2001 Fund raise money to bona out people that had been arrested during; the Flian disturbances. 'l oday I conic here not to knock the Police Department, because that's not the purylose of why I have joined this committee, but I want to do is explain that number 1, 1 believe that 99 percent of all file police officers are good people, are hard working people, they go out in the street and put their lives in peril to save the community. There is that one percent, though. of maybe even less than that; there is that one percent that stinks. There are a hunch of people that put oil the badge and take the gun and believe that they Wyatt Earl) and they can go out there and heat us all up and an-cst us all and nothing is going to happen to them, and I believe that the purpose of this panel is going to be to work with the police hecause I believe that C'hict'Mautinci and his staff want to sweep out, want to, you know, rid iheniselves of the cops that are giving them it had name, and, after all, you guys work for its. We are your employers, OK? We pay your salaries. .And the same way that 1 oversee the staffin my office, 1 believe that the Police Department needs to be overseen by people who are out in the street and who are sumetimes not only your employers but your victims speak. i come here to you as a person that prior to 15 mouths ago had never been arrested, OK. nothing. Forty-seven years and nothing. And all of a sudden now, for if rest of my lilt, anywhere i stand, anywhere I'm asked. just like the Mayor, just like Commissioner Reg:►lado, do you hake an arrest record? Yes. What is your arrest for? My arrest is for disobeying and an order and for resisting arrest. It'no one goes any further and ask me was I acquitted, was I convicted, that's it. A lot of people k\ ill take that and say, you kilo%w, she's a freaking criminal. You know, site knows what it's all ahout. And that's not the purpose of the Police Department. The Police Department should he trusted by the people. And unfortunately, unfor1itnately, perhaps because of the changes in generations, perhaps because of the youth of many of the police officer's, perhaps because the funding has not been there for the officers to he trained, the conmumity is suffering, OK. We are suffering. There is no need to shoot peuple in wheelchalrs. There is no -- 110 matter NOW they've done. OK. 'l here: is no need to arrest people that are not disturbing anyurie, and most of all -- OK. Most ol' all, the good police officers should be able to come forward and say trey, guy, what you're doing is wrong and it reflects on me as a police officer because 1 saw what happened during illy arrest and I saw it crowed of calm people -- Commissioner Regalatlo was there among us, OK, Angel was there anlQmg us, and ever ything was tine until you I:uys showed up with a van, a hus. i mean, they came to drab us all out into the street, and the only reason, OK; the only reason that I was acquitted was that there was a videotape that showed what was done to Inc. 1 feel sorry for the rest of the people that didn't have that, OK. There where 4t,U something arrests. 1 was the only one that was taken to it full trial. I stood for a 9 - day trial and sat there and watched police officers that are suppose to be working to protect me lie on the stand, commit perjury OK. Why? Because it's like nothing's going to happen to them. I sit here today now and i listen to this panel and a question. Is there a woman on the panel, on the blue ribbon panel? is this a woman, a female member of the panel? Mr. Martinez: No, ma'am, Ms, Ybarra: Well, we make up over 50 percent of the population of this City, and if your panel is going to represent its, I think women should be on the panel. OK. 454 .luly 1`), 2001 • (APPLAUSE). C� Ms. Yharra: i believe, also, that a person who has been a prosecutor has been trained to think a certain way. Not everyone is not changeable, OK. But prosecutors tend to side Willi the Police Department. That's their job, OK. 1 sat and watched on Friday, as Commissioner Teele went with Helen Ferrer on issues on PBS (Public Broadcasting Station) on Channel 2, and i sat there sand listened to a prosecutor say that a police officer has the power to shoot sontcone who's running away from committing a felony, OK. Committing a felony can be stealing a pall- of sneakers NNorth more than a hundred dollars ($100), and i don't believe anyone should be shot for that, OK. So, there are ceiiain things that we need to do. and 1 believe that, if vott support us, and put this ot1 the ballot, you will sec the support that the community will have. Because we need people to trust you again. I have a videotape here, which I'nl going to give to the Police Chicf, and on this videntape there is a segment where there is a young man handing his hands over to be handcuffed. 1�ivc police officers come over. ihey grah him by the neck. They stick him between two cars and literally beat the crap out of hint, OK. His lace is bleeding. Everything is -- I nican, no one investigated that. OK. As far as I know, not one police officer that committed an abuse during the )lian riots, not one police officer has been sanctioned by the City. Not one has been suspended, not one has been taken off* the force. I received a letter, February 20th of this year, the day before iffy hearing, saying that my complaint hud been investigated and that the officers had been cleared. OK. I'm going to give you this tape and if you really -- if you really, really believe what you said, take the officers that are on this tape -- you can sec them. You can see their hadbes, OK, and bring thein forward. Nest week every TV station in this town will have a copy of this tape. And I believe that the City of Miami Police Department should be accountable to us. We employ you. You work for its. (APPLAUSE) Ms. Ybarra: In ending, 1 want to thank everyone. I want to thank the committee for having invited me. I want to thank the system, which, in my case, worked. And I want to apologize to all the other citizens, OK, who didn't have is fortitude and the money to stand up and fight because it cosi a lot of money to get lawyers to stand up there. In my case, 1 had lawyers who were friends, OK, so the money was not that great. But I want to snake sure that what happened to me doesn't happen to anyone else. And I didn't stand up to become a here row or anything else. I stood up because as long as you don't mess with me, I won't mess with me, OK. But if you come and you infringe on my rights, then it is my responsibility as a citizen to stand up sand say, hey, this is wrong. And you know, as 1 told the prosecutor who offered me a plea, 1 .un itulocent under the Constitution of the United States until you prove me guilty and if you can't do it, then either drop off, OK. or just apologize to me. What happened to me and what happened to a lot of people could have been avoided by unat7•esting me. The only thing that the City had to say is, "Ms. Ybarra, we screwed tip. OK. We're sorry. ft's over, OK? Hey. You know, anybody can make a mistake." But not drag me through things. Not try to cover it all up, and then, in the end, you know, just apologize. No. An apology is .just not good. And I believe that 455 July 19, 2001 0 the investigation that is going on begins. investigate those cops that people in order to start investigation. (APPLAUSE) t the shooting should he started hcfore the shooting are prone to shooting so that we don't have dead ]'hank you very much. Ms. Me Elroy: I'm going to -- if your behalf, sir, gentlemen, I'm going to remind our speakers not to go over two minutes, and if 1 pull your coattail, that means stop. Thank you. Our next person will be Ramon Saul Sanchez. Mr. Raman Saul Sanchez: Thank you. "Thank you '.Mayor. Thank you, Commissioners, and Chief and everyone else who is here today. I'm here as it citizen of this beautiful country to raise my voice for those who have been abused and feel oppressed, and also for the anguish of the good police officer whose name and whose job is blemished by the had ones. l have been in both sides. I have been treated with dignity by a lot ofofficers, including; the Chief, who is here today. And I have been beat up by the police for standing for wht►t I believe in. 1 have seen a citizen walk afraid of the police and hide from the police when they haven't committed any crime, just because of the color of their skin. I have heard good police officers not wanting to work with other ofticers because that other officer abuses his powers. It is obvious that we need to find a solution. And I think today is a day of victory because we are all sitting down together trying to find a solution. We all know there is a prohlem. We each have a solution. Victory. We need to do the most important thing now. Nlake sure that the solation that we reach is fair to all sides. To the citizen who feels oppressed, who gets beat up or who gets shot by a police oflicer and to the good police officer who does his duty and protects the Constitution and the rights of the children. During the Elian G01lLale7. saga I witnessed on many occasions the dialogue could replace antagonism and resolve a lot of issues. I witnessed in many occasions the willingness of authorities and citizens to work together to resolve difficult issues at difficult moments. 'Phis is one ofthose issues. Today I pray to all here that we do what is right and what is right is that a police force he supervised by civilians, like we have at the highest ranks of this nation, like the federal government. We need that for the gond of the citizens of this City. We need that for the good of the officers of this City. We need that for the good of the City. Thank you. (APPLAUSE) Max Rameau: The next speaker is Shedrica McDuffic. Phis is Arthur McDuftie 's daughter. Ms. Sliederica McDuftie: Good evening to all the Commissioners and the Mayor. My name is Shedrica McDuffie. The address is 18901 Northwest 43"' Avenue, Miami, Florida. It is indeed an honor to stand here to come forth on the behalf of my family, the McDuftie family, to speak about -- of the most darkest hour in the City of Miami that night, that occurred on May 17th, 1930. The world watched as the Miami was interrupted in its most violent racism (INAUDIBLE) in the history of the City of Miami throughout all over the headlines in the nation that sparks by the acquittance of the 456 July 19, 2001 IIREVAI i several white Dade County police officers in the beating and killing in the unarmed motorcyclist, my father, Mr. Arthur Lee Mcl)uffie. the riot cost over one hundred million dollars ($100,000,000) in property damage. it raged for four days. Eighteen people, most of them were black and white, lost their lives. In a confused aftermath of the riot, blacks were promised an economic exchange. The end of the results has been disappointed since none of the post riot measure has been significant impact of the lives of the inner City of the blacks and the Miami of other Dade County counties. Now, 1 say to you all, shall I go on? We also have two other very significant racism disturbances over in the Mian, after the. 1980 riot, both on questionable police shooting. it. the 1982 Overtown video arcade, a young black man named Melvin Johnson was shot and killed by the Miami Police Officer Luis Alvarez. Johnson was playing video Sanies with minutes Overto%%Il \vas In the force shell of'rioting. Alvarez was ultimately charged with acting reckless and with the negligence of' Inc was not found guilty, followed by the verdict. In 1989 the Overtown another police, City of Mianii, William Lozano killed the two young black mcn, Clement Anthony Lloyd and Allan Blanchard. Lozano tired, killed the driver, his passenger died after the motorcycle was brought down on him. They were all victimized. Mark Duvale. North Miami Bay Village, the Singleton family, Overtown, the Richard Bailey, homeless in a wheelchair, Duke Daily, North Miami, and Anton Butler, Allapattah. No officers received any penalty or price for paying their action, and t say to you, this all happened in 1980, 1989, 1980 and now it's 2001. What are we going to dolt (APPLAUSE) Mr. Ratneau: The next speaker is Phyllis Singleton, sister-in-law of Nick Singleton, who was shot and killed in Overtown. Ms. Phyllis Singleton: Good evening. My name is Phyllis Singleton. i live at 1990 Northwest 4i1' Court, Miami, Florida. I'm here on behalf of the Singleton -- Nicholas/Singlcton family. As you are aware, Nick was killed on April the 30th by a Miami police officer. Nick was 18 years old at the time that he was killed. Nick was unarnied when lie was shot through the hack of his head by a Miami police officer, l iven though Miami police officer killed Nick, the Singleton fitmily does not hate Miami police officers. We know (hat there are many good police officers who protect and serve our cummunity. We also know that there are a flew bad police officers and we want a system that a lot of bad officers to be disciplined or dismissed when they violate the law. Our main goal is to make sure that Nick did not die in vain at the lender age of 18. We demand justice for Nick. We believe that the police cannot police themselves. We believe that the people shall police the police. We believe that the Civilian Investigative Panel is (lie way to go. We urge ,you to support the C1P proposal. We know that we cannot bring :dick back, but we hope that when peoples began policing the police, that fewer tnothers will be forced to bury their sons because they were shot in the Back by a police who knew that Internal Affairs and the State Attorney's Office will whitewash a bad shooting. Let us work together to make the system better for good police and good people. Thank you. 457 July 19, 2001 (APPLAUSE) Ms. Maria Lopei: Good evening, gentlemen. My name is Maria iA)pez. My mailing address is 2700 Southwest 371)i Avenue. And I'm here as an attorney with an office in the City of Miami and a concerned citiven and I want to speak to you briefly about the ban•iers that police agencies are putting in front of civilian complainants or making complaints against sworn personnel. i represent a complainant with a complaint being investigated by a police agency who %%-.is called in to give a statement regarding that complaint, and then was denied the right to have an attorney or representative sit in with her when giving the statement. Now, we've heard today a lot of complaints about investigations regarding shootings. My client's complaint is a very shrip!c one that we can all relate to. The complaint relates to a traffic citation and my client is being denied the right to give it statement or to give the statement with Elie accomprutiment of a representative of an attorney in front of a police agency who is investigating a police officer. My client has decided at this time not to give the statement i1' she could not be accompanied by her attorney. Now. when 1 asked the department what they based their policy on, we were advised that it was just the way they did things. I asked for statutory aulhority, municipal ordinances, standard operating procedures, local memoranda -- internal or external nrcmorandunis from the County Attorney's Office or any other suppoiling documentation, and there is no written policy that Any -- that the department can base -- to deny my client the right to have an atton:ey sit in with her to present a statement regarding her own complaint. Now, the Commission will see that this is a simple self -proving complaint, which continues to be investigated today, nearly four months later, and, yet, my client hasn't been allowed to give her statement. The clearly intimidating setting created by it police investigator on an investigation by a police -- on a police officer's actions needs to be addressed as soon as possible, and it is why 1 urge the Commission to adopt the resolution before them today, and create a Civilian Investigative Panel. Thank you. (APPLAUSE.) Mr. James McDonald: Good evening, Mr. Mayor, members of the Commission. My name is James McDonald. I'm an attorney in Miami and fill here to speak on behalf of file motion before you -- the resolution. My address is 200 South Biscayne Boulevard, and I'm an attorney practicing in downtown Miami. I primarily practice in the area of civil law, but I come to you with some background in the criminal area. I'm a formerly all Assistant United States attorney and an Fill (Federal Bureau of Investigations) agent and 1 speak in favor of this. I'm a strong proponent of good law enforcement, but I think this community we've seen over the years -- and I've lived here 25 years -- 1 think we -- as the witnesses have said this morning or this evening, there's a series of events that have happened that have cast -- that has besmirched the reputation of this community, and 1 think two things: One is, we need good law enforcement. We need professional law enforcement. and we need law enforcement that's responsive to the people, and I think a civilian body, such as proposed here, will accomplish that. We all want good law enflorcentent, but the people of this conllnunity want u sense of control and -- not so much control on a day-to-day, but it sense of having input into the affairs of the Police 458 July 19, 2001 Department so we don't have the kinds of things that we see that are going to he shown on that TV -- on the tape that was described earlier. All of the events, they were all too well aware of. so, I thank you for your time. (APPLAUSE) Mr. Jean -Robert Lafortune: Honorable Mayor Carollo, estimated counselor, a member of the Miami City Commission, and good evening. My name is ,lean -Robert Lafortune. I live at 13235 Northwest 2" `t Avenue, Miami. I live in the City of Miami. I am the Chairman of the Ilaitian-American Grassroots Coalition, which is a (iNAUDiBLE) 24 local organizations here in Miami. Today the City of Miami Commission is at a historical crossroad. Every society Burne tiutes they have to take painful decision in order to protect the (INAUDIBLE). As you could see, with sonic speakers that spoke before me, for the past two decades some members of the City of Miarni police, they have left a trail of blood in our hearts and in our soul. It is very painful. Some of you, you do not have the experience of being cuffed, roughed up by the police. Some of you, you do not have the experience of having a gun pointed at your head when you see seconds going into your head. All it takes is for that bad policeman to be judge, executioner, and jury. We know it is a difficult decision; to take tonight. It is very painful. Still the voice of MCDuffic/Nickelson and many others, they are still in the collective minds of our couununity, if the greatest nation on earth cannot -- can give a civilian the ability -- the responsibility to supervise the greatest army on earth, why not the City of Miarni Commission, why not the Mayor, why not that we, as citizens of this City, cannot supervise that police force here in Miami? %,fly not? I'm here to urge you to take that vote yes for the CIP, with no compromise. We know it's difficult. We know that in other cities (INAUDIBLE) have no subpoena power, but we are living in a new day today. This society here, we are pleading, our families are scared. Please, vote yes for that CIN. It is for the interest of the police itself; it is for the interest of the people, and it is for the interest of the Commission. Thank you very much. (APPLAUSE) .Mr. Sergic Ashton: Good afternoon, Mayor and Commissioners. I'll be briefly. I came here as a victim of police brutality, and 1 just want to say very briefly 1 get very emotional when I'm going to recount what happened to me. I came to support for the CIP. Mayor Carollo: I'm sorry, sir. Could you give your name and address for the record, please? 'thank you. Mr. Sergei: Yes. Sergei Ashton. It's 8035 Byron Avenue. And also that CiP should be approved and it's been long overdue. Thank you, sir. (APPLAUSE) Mr. Jerome Starling: Reverend Starling, 200 South Biscayne Boulevard. Today is a very 459 .duly 19, 2001 happy day and one way for nne today simply because there are two racial — there are racial boundaries working together, ethnic groups working together to make the CiP happen. That's one thing. Everyone in the room should be happy about and most of all our Commissioners and our Mayor should be happy about We're working together. Next thing that I sec that we have another accomplishmcut. If this City and this Commission and this Mayor can say today, the CIP decision is the right decision. We'll wall: out today with two accomplisluttents and we'll be very happy. We'll be extremely happy and we will he overwhelmed. l.ct me say to you: everyone that doesn't support the CTP and don't understand what's going on, don't wait until it happen to you. Please don't wait until it happens to you to try to do something about it. Now is the time. Today is the clay. Please pass the CIP. Please put it on a ref'erendr.m that it could be passed. This is what 1 ask. 'Thank you. APPLAUSE Mr. Charles Wellons: Good afternoon, Commissioners. My name is Charles Wellons. I'm an assistant to Congresswoman Carrie Meek, 17th Congressional District. I have a 25 -year history with the City of Miami Police Department, and I can tell you that 90 percent of the folks there are good, honorable, hard-working people, but the laws are not made for those that abide by it. The laws are made for those who seek to circumvent it. To that end, Congresswoman reserves me to bring it me,sage to you, that she fully supports the CIP, not so much because she distrust the many, but there are some reservations about the few. But the people pay the cost to be the boss. We need to listen to them. They're the ones who put us in office; they're the ones who have the concern, and they're the ones who are bringing these concems to you ort the day. ]'his could be a very historic day in the City if we'll just listen to the will of the people. So, 1 would urge you and the Congresswoman would Inge you to listen to the people and give them what they're asking for. Support this resolution. Thank you. (APPLAUSE) Ms. Jeactie Baker: Good evening, Mayor, Conntnissioners. My narne is Jeanne Baker, J -E -A -N -N -E., B -A -K -C-R. I'm an attorney. My office is.just a few blocks from here at 2937 Southwest 27'x' Avenue, Miami. i had the honor and the pleasure to work with the community based coalition for all those weekly meetings that Bess Me Elroy mentioned to you earlier. We met extensively. Worked very, very hard to bring you it proposal that had components that were very carefully thought through. I'm going to speak to you on the issue of the subpoena power. 1 hope., in the course of my remarks, I will answer the questions that Mr. Steinberg's presentation, on behalf of the Police Department, may have raised. 1 think- 1 will be able to show you that many of Mr. Stcrinberg's concerns or police concerns that he commented upon are really of no consequence in this proposal. That is, they are Beall with and completely resolved in our proposal. Let me start by making a simple statement. A police oversight agency without subpoena power is it toothless tiger. (APPLAUSE) 460 July 19, 2001 $1111OZ-FAC . Ms. Baker: It is not correct to say that it is very uncommon among the agencies of this nature in the United States to have subpoena power. I have been informed by experts with whom our group has consulted, that there are at least 25 agencies in cities, comparable to this, and sometimes larger cities, which have one or another form of subpoena power. to fact. I have personally checked with the staffs of at least four or live of those agencies myself. and today, indeed, spurred into this action by The Herald article, which I'm sure many of you read that was in this morning's paper, which i believe reported that Berkeley, Washington, D.C. and Yew York City do not have subpoena power, and that was inconsistent with what i thought was the case. So, 1 personally got on the phone with every one of those agencies. and I have with me today, for anyone who cares to look at it or have their staff study it, I have is the Berkeley Police Review Commission. 1 have the Washington, D.C. ordinance, which is section 499 of the DC Code, which sets out its oversight agency, and 1 have with me the local laws of the City of new York, enacted in 1993, which sets nut its procedures. And in all of those, in the three that The HeraM incorrectly said had no subpoena power; there is indeed sonic or another form of subpoena power. In tact, there is subpoena power in all three that is far stronger than the subpoena power we seek. Let nic make something clear -- make a distinction that hasn't been brought up yet in connection with subpoena power, but it's an important one to lie aware of'. There is a kind of subpoena power where a panel, like the CIP that we're proposing. WOUld have the power to just order people and/or documents to conte to it, and to give testimony or documents to be produced. There is also a kind of power, which is called Mandatory Cooperation, as it condition ofcntployment. That's the kind of power where police officers are instructed, either by directive ordinance ur in their collective bargaining contracts. That if commanded by an oversight agency the police officer must conic and give a statement or else lie or she is subject to discipline to lost of job, even, if the police officer refuses to come. Now, in that kind of use of the power of coin pulsion, the hiftlt Amendment right is, in fact, in a fragile balance, and the courts have held -- indeed, the United States Supreme Court has held -- that if an officer is commanded to come and give a statement oil pain of loss of Job, that any statcnicnt that officer gives cannot be used against hall in a criminal matter. That is not the kind of' subpoena power that the C.'1P proposal is proposing. Let me mention first what the three cities that The Herald said have no subpoena power. Berkeley has exactly tgle kind of subpoena power that is -- power to compel, that 1 have just described. Mandatory cooperation as a condition of employment and that's in their regulations, and 1 have it with me, Section 4C. They also have, in addition, separately, the subpoena power to issue subpoenas to civilians and to get documents from civilians. OK. 'That's what Burkley has, and that's in its Ordinance Section lair and in its regulation Section 12. Washington, D.C. has in its ordinance Section 49-21 subpoena power against both police officers and civilians. And it does not, at least in that ordinance, have this mandatory cooperation provision. New York City has both. just like Berkeley. it ltas subpoena power to brink; civilians in. To bring police officers in in its Ordinance 440-C3. And by an order of its Police Department, all police officers arc commanded to comply with any requests by its oversight agency on pain of loss of job. That is what's going on in this country. There arc: many other oversight agencies that have one or another fbrm of subpoena power. We. in the CIP proposal, arc not asking fbr this sort of mandatory cooperation. The kind of compulsion that might lead to a situation, that i think 461 July 19, 2001 i 11 Z Commissioner Sanchez was concerned about, of interfering with an ongoing criminal investigation. It has been stated here, i think, by Mr. Steinberg, that that's a major concern of the police, that granting the subpoena power that the CIP is looking for, that that would likely hamper criminal investigations. Not so. Anil let rile give you three major reasons why that is not so, not under our proposal. First of all, from studying what's happened across the country, it is clear that the vast majority ol'citizen complaints about police du not, in fact, involve criminal matters. Obviously, the shootings and some of the terrible misconduct that we've heard about from the citizens who have come forward, obviously, those are potentially criminal cases, and that is a very important focus. But in terms of the number of complaints that citizens make, the overwhelming majority of complaints that would come to the (QIP will not, and even potentially, involve criminal investigations. Therefore. the use of subpoena power in those cases, ubviously, will have no hindrance, impairing no way any criminal investigation. Second, as I've mentioned -- but 1 need to emphasize this because 1 think that, you know, it's very possible that the Blue Ribbon Panel and Mr. Steinberg literally didn't understand the CiP proposal, but it is not true that the C11' proposal risk giving immunity by accident to someone who comes before it. or that it risks placing -- giving -- allowing a police officer to take what we call an immunity hath. Mr. Steinberg made a reference to Florida State Statute. There is a very specific Florida State Statute which says, if a State Attorney -- an Assistant State Attorney issues an investigative subpoena and somebody responds to that -- and this is all spelled uut in the statute yes, that person who responds to that subpoena will get immunity, and that person then cannot be prosecuted for at least -- through his own words or her own words what that person -- that evidence the person gave under that subpoena. But that's a very specific state statute. The CIP proposal is simply that the CIP would have the power to compel people to conic and give testimony. to compel people to come and give evidence. Witnesses and documents. if a police officer is compelled to come, and claims his filth amendment right or her fifth amendment right, so be it. Then the CIP cannot take testimony from that officer at that time, and we are not proposing in our proposal to give us the power to fire the police officer for failure to five the tcslimony. Therefore, we are not in any way, shape, or form giving an implicit inrntrrnity to that police officer. So, it's a non-issue in this case. .And someone else's proposal it might be a well taken point by Mr. Steinberg, but not with respect to our proposal. The third reason that there is no concern that need be given to interfering with criminal investigations is, as Bess Me Elroy said, our chairperson said in her opening remarks, the CIP will respect situations where there is a potential criminal investigation. 1 think Ms. Mc Elroy said that matters would be referred to the appropriate authorities for criminal investigation. The C'111 can and should and will coordinate with state and federal agencies, which are doing criminal investigations, and only once such criminal investigations have been concluded, would there be any effort to bring to that -- to the CIP those whose rights may be affected by the criminal investigation, and the CIP could open up investigations and could brim; some evidence to it, but it would be charged to coordinate and make sure that it did not interfere with criminal investigations. So, I think, if you understand the proposal that we've made -- and obviously, I hope I'll be interrupted by questions or you'll ask nee questions at the end it' 1 haven't made it clear, but I hope you'll understand that our proposal does not do what you, Commissioner Sanchez, what Mr. Steinberg are concerned about. It does not hamper criminal 462 July 19, 2001 �Z�I�L�Z3 investigations. Now, un the positive side, why bother to give subpoena power, especially, if, as 1 say, in many instances there would be a deferral to a state or federal prosecution agency! Why bother? The studies that have been done of these oversight agencies across the nation indicate that it is only with subpoena power that these civilian oversight agencies are effective at all. Without it -- and courts have said this. 1 am only quoting -- without subpoena power, these agencies are toothless tigers. Without subpoena power, people simply don't show up to the hearings. The ability to conduct a hearing and gather evidence is simply nipped in the bud. Moreover... Commissioner Sanchez: Ms. Bakcr, can I interrupt you for a minute and get our attorney to give us an opinion on what you stated on the subpoena powers'' Mr, Vilarello: i believe I -- it took me a while to get to Ms. Baker's argument. But 1 believe she's trying to distinguish the Garrity line of decisions by saying, if someone's compelled to appear and speak, if they're not threatened with losing their job, then it's not u compulsion which would -- it wouldn't be coerced and, therefore, they wouldn't he entitled to immunity or the testimony -- the compelled testimony couldn't be used against them in a criminal proceeding. I'm still not sure I understand the concept that they can be compelled to appear or if they rcluse to speak or they refuse to appear, what the sanction is for that. Commissioner Sanchez: And Ms. Baker... Ms, Baker: it's right in our proposal that (lie. -- every police officer and anyone else who might come before the C111 would retain fifth amendment rights, not to incriminate him - or herself. Mr. Vilarello: Well, I'm -- I understand you're saying that they retain their Constitutional rights, which is nice, that you suggest that they can retain their Constitutional rights when they appear. But my question is, what happens to them if they either refuse to appear or they appear -- they don't assert their fifth aniendnients rights, they just refuse to speak? Ms. Baker: Under our proposal, in its present form, we do not impose a sanction for that out conte. I've had experts from other oversight agencies suggest to me that we ought to impose a sanction, and certainly, through the course of legislative development, that may he built into it. That would make it a stronger proposal. Our proposal is actually a weaker proposal for the fact that we do not include it sanction for not giving a statement. I want to turn to... Mr. Vilarello: Ms. Baker, could I just follow up with Commissioner Sanchez for one moment? Vice Chairman Gort: One at a time. Mr. Vilarello: To finish the issue. The distinction that is drawn is, for example, if the Police Department, through its Internal Affairs, compels a police officer to testify, and 463 duly 19, 2001 • i that police officer conics f rward and testifies... Commissioner Sanchez-: Under that status, tic's immune. Mr. Vilarello: lie talks, right. if he refuses to testify, he can be terminated for insubordination, which is the threat or the coercion that the Garrity line of cases discuss, and that's what Ms. Baker is trying to distinguish between what they're proposal is and I guess a coerced or compelled testimony, with the sanctions. Ms. Baker: Right. And i genuinely believe, Commissioner Sanchez and Mr. Steinberg, tuid others who have had this concern, that what you're worried about is a worry that applies to what your counselor is saying is a Garrity type situation. Commissioner Sancho: My worry is that 1 would hate to see a police officer, a bad police officer, walk away scot -five. Ms. Baker: Right. Commissioner Sanchez: In the whole process. Acis. Baker: So, would the CIP hate that? And that's one of the reasons the CIP -- we tried very hard, and I don't know if we hit the perfect model... Commissioner Sanchez: And then I don't want to see a good police officer get fired because he went in front of your hoard and said 1 take the fifth. Ills. Baker: Well, that is -- 1 just want to emphasize that again, that sanction, literally, is not in our proposal. We just have not proposed that, at all, and that's why I think talking of tigers. I think it's a paper tiger to be worried about that proposal in this case because the tiger we want to create isn't going to have that particular sanction power. Now, I want to continue, if t may, briefly. I was commenting on what benefits from subpoena power, and it really is the fundamental benefit to give teeth to the panel, to the ('113, so we can do something. But there is auuther power that I think, perhaps, has been made some reference to earlier, but I want to bring it out to the open. There are good police officers. We all know. Many have commented oil it. Nome of us dispute that. There are good police officers who would like to come forward and speuk the truth about their observations and speak about what they'% c observed. But there is this blue wall 01' silence. Subpoena power will assist the good ofticcr; will give the good officer the excuse, the shield, the protective mantle to conic forward; That officer won't have to go back to the barracks and somehow admit that he or she had voluntarily spoken out against some injustice that he or she had seen. That officer will he able to say in truth, i was subpoenaed, I had no choice; I didn't have a fifth. It' i had a Fifth Amendment, OK, I could have been silent, but 1 was just a witness. i didn't have a fifth. I had to speak. Acid I think that anything that helps to breakdown that blue wall of silence will help us all. It will help the Police Chief in helping the department that I'm sure lie wants to run. So in conclusion on the subpoena issue, i want to emphasise 1 think that it is really incorrect to 464 July 19, 2001 • characterize the CIP proposal as radical or chic. It's really very mainstream, and it's really not very aggressive. It's certainly not as aggressive as these others -- as many oversight agencies that have this forcing upon pain of loss of joh kind of compulsion. and it will not hamper criminal investigations, not the way we envisioned it. We envisioned it working in conjunction with criminal investigations, and without it, the tiger will be toothless and we don't think this community deserves that. 'Thank you. (APPi.AUSH) Vice Chaimian Gort: Thank you, ma'am. next. Chief. Nlr. \lartinez: 11' 1 may clarify something, because I'm not an atiorncy, but I would hate for people to think: that they're going to come up with something from this and it's a different type of hird, and I'm not in attorney. I'm allowing the City Attorney to respond. But if you subpoena an officer to bo anywhere and there's no teeth that he doesn't have to say anything, no officer is going to show up. So, you might as well not have it subpoena So, ifthere is no -- if you don't come, this is going to happen to you. And we obviously all have 01.11• fifth amendment right -- God-given right that this country gives to all of us, but heyond the fifth amendment right, if you don't -- it'thc officer doesn't slow, if there is not it penalty for that occurring, then you actually don't have it suhpocna power and no officer is going to show up. i want to make sure -- and maybe I misunderstood vou, and i apolofnre to you if that's so. or maybe the attorney can clarify my point. taut ifthat's so, 1 won't he able to walk away from here.. That what you're saying -- and mayhe you're correct and I'm incorrect becaUSe I'm not an attorney -- that they're going (INAUDiBLE) really what they're getting is something else. Als. Baker: Well, let lite -- if i play respond, I'd appreciate a moment because I want to try to clarify what is the confusion. 1Vhat we arc saying is that the particular sanction of an officer being forced to choose between speaking at his job, that particular sanction we have not incorporated into the CIP proposal. Ilowevcr, a subpoena does carry with it sanctions. Let's say a civilian is subpoenaed. Let's say the CIP is investigating, you know, it police shoollog and there was a civilian witness. That civilian can be subpoenaed and it'that civilian, who has no fifth amendment right to the situation, fails to show up, we will have to work through court, through a judicial order, but that civilian can be subjected to the normal court sanctions for failure to comply with if suhpocna, and so could a police officer, under our proposal. So, the police officer might be penalized by a judge. Now, if the police officer has a fifth amendment privilege, and that were either, you know, disclosed or decided, then, of course, the police officer would not have to show up, but he would have to, through some sort, exert -- assert his fifth amendment privilege. It' the polio officer had no fifth amendment privilege, and like the civilian example I gave, jusl failed to show up, then the normal process that would be available to enforce the subpoena, which is court sanctions, a tine, or a bench warrant to show up, or whatever the superior court would do, which we would have to work out the details later, that sanctioning would be there. And, also, I want to mention that a great deal of the infirrnlalion that a CTP -- that this CiP will want to gather and will need to gather are docunnents, maybe things like the video from it television station, like the video that was 405 July 19, 2001 passed up belbre. Mr. Martinez: Which I dont have anymore. Ms. Baker: There are documents; there are videos; there are tapes; then arc civilians. Many, many things would bc; presumably stihject to the subpoena, as well as police oflicers. And I hope I've clarified that we are not suggesting that the subpoena would be just worthless, like a piece of paper. It would be u true subpoena, but it wouldn't carry with it the threat that if you have no fitth amendment and just don't show up and don't give your statement, you would lose your job. Mr. Martinez: Su, I understanding, the sanction will not be an administrative sanction. It will be a sanction through the courts for an officer that says, I'm not going to show up; I'm not coming'? Ms. Balser: These are -- you know, this is it detail that we haven't worked out because we're looking at a Chartcr proposal at this time. but that's the way certainly i envisioned it, ves. Mfr. Martine/. But for the 99 percent of the police officers, who you said and some of the others have said are good law enforcement officers, who risk their lives for you and I on a daily basis, they want to know that. i mean, what is going to happen... Ms. Baker: I think it would lie for them exactly like when they're suhpoenacd to court to testify. What happens i f they don't show up'? Doesn't the judge get mad; sometimes issue a bench warrant? Mr. Martinez: No. If they don't show up -- you know-, there are administrative sanctions taken against any officer that doesn't show up, plus a judge can show a Rule to Show Cause, and, in theory, can be charged with a misdemeanor, you know, if he finds hirn guilty for a Rule to Show. Ms. Baker: We're envisioning the -- whalever sanctions the judicial system provides for any one police officer or civilian who fails to honor a subpoena. That's what we're envisioning. Nothing special for police officers. No threat of loss of job. Vice Chairman Gori: Thank you. Mr. Attorney. Mr. Vilarello: I just would like to address one point because Ms. Baker, I think, puts lorward an interesting argument to avoid the consequence of the Garrity line of decisions, which is what Commissioner Sanchez brought up. But I would suggest that maybe we're not going to finish this debate here tonight, but 1 would suggest that the contempt -- the potential to be held in contempt of court -- contempt of the Commission or contempt, Ultimately, by a court, I believe would suffice to be a coerced confession or a coerced statement, and ... 466 July 19, 2001 • 0 Ms. Baker: But we're talking about people who don't have a fifth amendment right. If they have a fifth Amendment right, we are -- it is -- it's built right into our proposal that's that would be honored. Mr. Vilarello: As you know, contempt powers -- the court can find -- has considerable powers v. -hen finding someone in contempt, and i think that that kind of compulsion may put us back into the Garrity line of cases. Ms. Baker: Respectfully, 1 disagree. Vice Chairman Gort: It's very difficult to find two attorneys to agree on certain matters, especially on... Ms. Baker: Well, I didn't want to disappoint you in that regard. Vice Chairman Cort: Especially when it's in different issues. Commissioner Sanchez: We all can agree to disagree. Vice Chairman Cort: Or anything. Ms. Baker: But this is something... Vice Chairman Gort: Thank you, ma'am. Ms. Baker: -- I'd be happy tib• us to meet and try to work out the details. Vice Chainnan Cort: Those are the things there we have to discuss, yes. Ms. Baker: Great. Thank you. Vice Chairman Goat: Yes, ma'am. Ms. Lida Rodriguez-Taseff: Good evening Mr. mayor and Commissioners. Where is the Mayor'! My name is Lida Rodriguez= l'ase17; L -I -I) -A, R -O -D -R -1 -G -U -F. -L T -A -S -I -E-F. My business address is 200 South Biscayne Boulevard, Miami. I am an attorney. I am also the president of the Miami Chapter of the American Civil Liberties Union. 1 would like to address the issue of sanctions before you this evening. And before I get into that, I wanted to make sure that 1 reiterated to this Commission that the proposal that has been put tbrward to you has been prepared by a group of community organizations working together with five or six attorneys, legal experts, appellate experts, as well as with experts in criminology and government issues, so this is a well thought out, we believe, a well -reasoned approach to a very difficult problem. 1 want to begin addressing the issue of sanctions by explaining what our proposal does do and what our proposal does not do. Ender our proposal, the Civilian Investigative Panel would have the power to direct the sanctioning of police officers. That power would include the 467 July 19, 2001 power to direct that there be a termination of an officer. Now, that power is not unlimited, and, in fact, that power is restrained and constrained by the Constitution and due process rights; by Civil Service rules, by existing contracts, and by the ability and right of appeal. Now, it's very, very important also to understand that the proposal that we're putting forward would not brant -- would not in any way diminish the power of the police to sanction and discipline its own officers. it would not in any way tic the hands of the police in the sanctioning or disciplining process and it would not in any way subvert the ability of the police to properly sanction based on its existing guidelines. No%%, studies that have been done thro«ghout the country demonstrate that a solid system of oversight provided by the chain of command, is the best way to deal with the problem of police misconduct. 'I herel6re, the ability of the police to, in effect, police itself' is the best way to deal with police: misconduct, and what we rine creating here is it satcty, a safety net for situations where the oversight chain does riot work properly. Very important to focus on the fact that we're riot seeking to diminish the power ol'sergeants and lieutenants and colonels to recommend discipline of officers, and for the higher ups in the chain of command to intplentent those recommendations based specifically on existing Civil Service rules and existing contracts. What we seek to do here is to provide a safety net when that system breaks down or when the CIP reviews and sees that that system is not working. And 1 think that we don't need to get very far into the history of the City of Miami Police Department to know that the system has broken down. Recently, the Chief of Police terminated an officer who had received 56 complaints. Fitih-six complaints from civilians. On several of those occasions, at least three, there was a recommendation of termination or other sanction that was not followed up the chain of cemunand. That is what we are seeking to address here. On at least three occasions those recommendations were not followed. Had there been a Civilian Investigative Panel in place, those recommendations would have been followed without denying that officer the due process right to seek an appeal of those finding's, Our proposal is Vere clearly and carefully crafted to say that the power of the CIP is limited by and subject to existing contracts, and existing, Civil Service rules. Now, the Civil Service rules and the existing collective bargaining agreements with the police provide a series of applicable sanctions for differing types of violations. 'I hose sanctions would be %%-hat the CII' is guided by and constrained by, and those sanctions are what the CIP would he able to put fort in cases of violations. Now, if a police officer is sanctioned in this manner, that police officer would have the; same right to use the appellate process that he would if it were the Chief. who initially made the finding that that officer had to be sanctioned. So, we're riot seeking to deprive; police officers of their right to appeal any decision regarding discipline or sanctions. We're simply seeking to create a safety net so that when officers with 50 complaints remain on the force year after year, despite recommendations of termination, which are not followed, that there is a separate body that can address that issue and protect the tax payers and the City from those types of officers. In closing, i would like to say that the goal of and the work that the American Civil Liberties i_'nion and the other organizations that had been working on this proposal is two -fold: One, to create at effective system of oversight of the actions of police officers, and two, to protect the due process rights of every citizen, including police officers, because wve understand that if we diminish the rignts of anyone, whether they he accused of police rnlscondliCt or 'accused of Ciitlte, we are diminishing the rights of all. 4613 July 19, 2001 K�I�ZfL:X So, we have been very, very careful in our sanction provisions to deal with that and to address it in the most careful and respectful manner of both the rights of the citizens to be free from police misconduct, and the rights of police officers to receive due process in proceedings hefiire the new body that we seek to create. Thank you very much. (APPi.AUSE) Vice Chairman Gort: Thank you. Yes, ma'am. Next. Commissioner Rcgalado: Mr. Chairman, i've got a question for madam president. Would the ACLU (Americans Civil Liberties Union) be satisfied if we were to create a committee that would mirror the Elian Ad Hoc Committee? Ms. Rodriguez-Taseff: No, we would not be satisfied. Commissioner Rcgalado: The Elian Ad Hoc. Committee, that the Commission created, you will not be satisfied? Ms. Rodriguez-Taseff. What we're seeking to create is a... Commissioner Rcgalado: Excuse me. Ms. Rodriguez-Taseff: I'm sorry. Go ahead. Commissioner Rcgalado: You said that you would not be satisfied? Ms. Rodriguez-Taseff: That is correct. We are seeking to create a permanent, fully funded body that has the power to investigate and sanction. Commissioner Rcgalado: Do you think that that kind of committee, which it seems to me, similar of what this draft is proposing. Did it serve its purpose? Were you aware that there were people that were arrested, hundreds of people during the demonstrations of January the 6 of 2000 and April 24th and 27th and 26th, you're aware of that? :Vis. Rodriguez-Taseff: Yes, sir. In excess of' 400 people. Commissioner Rcgalado: Did the ACLI; represent any of those people? Ms, Rodriguez-Taseff Yes. We investigated and represented a series of those people. 1 will tell you, honestly, most of whom are afraid to complain and to file complaints with the City's internal Review Panel because they were under criminal investigations and they were afraid that their criminal cases would be jeopardized if the -- if they made complaints regarding the police misconduct and mistreatment. So, we wanted to bring lawsuits and, in fact, we took complaints lrom in excess of probably 20 individuals, and all of whom had the concern that they would be -- that their criminal cases would be affected by their filing of a complaint against a police, and they were also afraid to have 469 July 19, 2001 to make that complaint to police directly, and that they would be provided no anonymity, and no buffer between themselves and the police at a time when they were -- there were criminal charges pending. Commissioner Regalado: But my question was, was the ACLU representing in court -- because my understanding is that people that we referred to your group were told that you didn't have the funds or the resources to represent them in court. Ms. Rodriguez-TascIT: That is incorrect. The ACLU typically does not represent people in criminal proceedings, so we did not represent anyone in criminal proceedings. We put them in touch and secured representation for all the people we had to deal with, including not only the public defender, but also volunteer lawyers who handled some of our cases. However, you are correct, we diel not represent a single person in filing a complaint with the City because nobody wanted to do it. Most of the people -- all of the people that we dealt with were more concerned with not being sent to jail than they were Nvith filing a complaint because when they had to weigh those two items, especially people who were U.S. pennanent residents but not citi-rens, their concern was that if they went for ward and filed a complaint, either they would be adversely affected in their criminal cases or they would be adversely affected in their of arts to obtain U.S. citizenship. Mayor Carollo: But more so, Commissioner, the reason that they want it different vehicle than what you've mentioned right now and proposed is that they want this to be a permanent part of the City's Constitution. "Phis way they want the Charter change so that the people can vote upon it, so that live, tell years from now, any future Commission cannot change it in any way; that this will he a permanent part of the City's Constitution, and the only way that it can he changed would be by it vote of the people. Commissioner Regalado: No. I'm -- I understand that. And, Mr Mayor, [ have gone on record supporting the subpoena powers and the need for this entity to exist. But my problem is that, you know, you, as one of the most prestigious organizations, according to the people that 1 sent to you, told them that you were not able to represent them, and they did not take an active role in denouncing what you, through your predecessor, perceive, according to Itinl in the media, as abase of power, In fact, from what I remember, the only participation directly on the Ad Hoe Committee -- maybe I'm wrong -- by the ACLU was when Mr. Simon came to the committee to make a presentation and to denounce that a City Commissioner was holding on to a police officer -- in fact. Ile was trying to defend the civil rights of the police officer. That's what 1 heard when I was liere. So. I -- you know, I'm really concerned about your agenda because it seems to me -- and this is very difficult to say, but it has to be said -- that when Cubans were beaten on the streets of Miami, you were not as -- and with that enthusiasm as you are now. Ms. Rodriguez-Tw.-eff: In fact, sir, I will respectfully disagree with you. We have represented... Commissioner Regalado: You weren't here. I was. I was here in this City Hall. 470 July 19, 2001 xIzIEV016 Ms. Rodriguez-Taseff: Wait, wait, wait. I understand, sir, and what I would -- Mr. Simon, I'm sure, can respond to any issues that you have with ... Commissioner Regalado: I don't have any issues. I support your proposal. 1 support the need 1br a panel with subpoena powers. What I really am concerned is your group being selective, not having the same enthusiasm in going after the police when the police did committed excess and abuses in the streets of Miami. Ms. Rodriguez-Taseff: Sir, what I would -- in response, what I would say is the following: the ACL If has along tradition of representing... Comntissiotter Regalado: Can he respond to it? Ms. Rodriguez-Taseff: I'm sure lie can, but if I ntay just make one very small point. The ACLU has a long tradition of representing members ofalI communities, -- Commissioner Regalado: It does. Ms. Rodriguez-1'aseff: -- including Cuban -Americans and Cuban people who have had encounters with the police. We've represented Mr. Sanchez; we've represented Mr. Basulto we've represented other memhcrs of the Cuban exile community in protecting their right to demonstrate... Commissioner Regalado: I'm supporting ,you. I mean -- are you complaining? I'm supporting you. Ms. Rodriguez-Taseff: I agree with you, sir. No, 1 am completely in agreement with you, sir, and I want to... Commissioner Regalado: I'm just saying that I -- I'm just saying that, you know -- and this is one of the issues why I feel that the composition of the panel is one of my main concerns, not the powers, but the composition of the ptuiel. It has to mirror -- Ms. Rodriguez-Taseff: Absolutely. Commissioner Regaludo: -- the City of Miami, and this is not a black thing versus the police or a Cuban thing, but what I'm saying is 1 was very disappointed when the ACLU did not have the same enthusiasm to criticize the Police Department, publicly, in the media, as you're doing now. That's all I'm saying. Ms. Rodriguez-Taseff: Sir, we can all improve on our ability to criticize -- Commissioner Regalado: I hope you do. Ms. Rodriguez-Taseff: -- the actions and... 471 July 19, 2001 Commissioner Regalado: Because you know, we have the Grammys in 5eplemher the 12th. Ms. Rodriguez-Taseff: Yes, sir. And we arc going to be prepared to represent and defend the rights of anyone who wants to demonstrate at the Grantmys. And if 1 may just wrap this up by saying the following: our concern, with regard to the composition, is the same as your concern. We are hoping and have sought the aid and assistance of leaders of all aspects of the Miami community, whether it he lawyers, doctors, et cetera, and in addition of all of its different ethnic basis, as you can see here today from people who have been represented and who have spoken in support of this proposal, I think it has been a very, very diverse panel, and we hope and expect that the composition of the panel would he just as diverse. Vice Chairman Gort: Thank ,you. Ms. Rodriguez-Taseff: Thank you. Mr. Martinez: Mr. Mayor, I hate to interrupt your presentation, but i -- you know, I'm not in attorney. And 1 want to be clear. But the issue of sanction wits kind of brushed over, and 1 want to read what it says, and maybe the last wording doesn't say this, and I apologize if the wording changes, the one that I have. But it says, the "C1P shall have the authority to direct the appropriate City of Miami official or an administrator to sanction a sworn officer for misconduct up to and including termination of employment, subject to Civil Service rules and any existing contractor." ft's very clear what it says. And the young, lady is right: ]here arc pain incidents in the system where the system has tailed, but some of the instances that have been discussed here today, the McUuffie case, the officers were arrested in that case; the Novell Johnson case, the officers were arrested in that case; the Mercado case, and true, the end result of the system that we all support, were not guilty verdict, but that is an issuo of the system. The :Mercado case, tile. officer was arrested and convicted in that case; the officer Lozano case, the officers were arrested -- acquitted in this case. So, in most of those cases, the system has gone through and the sanction has gone through that the end result is not one that when we arrest our own officers want it to be as the end resell. It's the by-product of our system that we have. Ms. Rodriguez-Taseff: And 1 appreciate that, and i will reiterate that that is exactly what we hope that -- that continues. We're not seeking to replace or displace the ability and power of the police to police itself, but we're seeking to provide a satcty net for those cases, like the case of an officer who received 56 complaints, where the policing system breaks down. 'thank you. Any further questions? (APPLAUSL) Mr. Martinez: Let me add some more on that issue, and not to get (INAt DIBL.ii). But that officer -- and you're right, that officer was fired once; he heat us in the Civil Service proceedings that every officer -- that's one of the due processes he's still going to huvc 472 July 19, 2001 under your proposal, and %ve -- didn't love to take him back, but we had to take him back because he beat us, and now the officer is fired again, and, hopefully, we'll be successful through the system. Maybe you can help us, you know, to make sure he doesn't get through the system and come back again, and he comes back for the third time into the Miami Police Department. Ms. Rodriguez-Taseff. That's correct, sir, and I will reiterate that there was at least one time %%,here a sanction was recommended and the Chief of Police, at that time, did not accept That sanction. But thank you very much. Commissioner Tecle: Mr, Mayor? Mayor C'arollo: Thank you. Yes. Yes, Cotrunissioner. Commissioner Tecle: Mr. Mayor, we need to hear from everyone, but I think one of the things that we've got to be careful about is these -- the proposals from the community -- let me just refer to this as the community side -- may be taken out of context, and I'd like Mrs. Mc Elroy, if you could just come ibrward, or Max. Let me just see if I've got this right in my mind. The critical things that 1 thought we were asking for -- and if I'm -- is the creation of the. Civilian -- Mayor Carollo: Investigative Panel. Commissioner Teele: -- Investigative Panel or the Civilian Investigation Panel -- Investigative Panel, C IP, to be placed in the Chatter; is that -- am I... Ms. Me Elroy: That is our main concent at this time. Commissioner Tecle: OK, And then you want in the Chatter the language that would give the C'IP subpoena powers contained in the Charter? Ms. Me Elroy: Yes, we do. Commissioner Tecle: So, those are the --- those are at least two of the critical elements that we're focusing on today. Now, based upon the last two speakers, Ms. Baker, I believe, and the very eloquent representative of the ACLU, it seems that we're getting off now into -- beyond the subpoena power, but to the power to sanction or lite power to do something other than compel testimony. Could you just, just for a moment, bring me back into focus in terms of what it is we're really focusing on, as it relates -- well, let me say this. 1 am assuming, and correct me if I'm wrong -- because as attorney Smith knows, they laubht us in the. military, assumption is the mother of most mistakes. We're talking about two separate things at this point. M'e're talking about Charter authority to create an entity and to give it certain powers, and then we're talking about an ordinance or some other mechanists to breathe life into that at a subsequent time; is that a fair characteriration7 473 July 19, 2001 -1EVION Ms. Me Elroy: Yes. But the ordinance will come fbrth at a subsequent time, which will detail the exact road map that we're going to use to achieve what it is that we purport here. But it is important that we include in the Charter subpoena power because -- Commissioner Teele: Subpoena power. Ms. Me Elroy: -- otherwise, we won't be able to get it. It requires an amendment to the Charter, Conmiissioner Teele: And I'm in agreement that, if a majority of the Commission supports the creation of the C1P and if a majority of the Commission supports granting subpoena power, that's really a good point that we could all start a new dialogue. Would you agree^ Ms. Me Elroy: Absolutely. Because much of the other areas can be covered by ordinance. Commissioner Tecle: All right. i heard the dialogue about the type of subpoena power and the type of sanction, but that goes a little hit beyond where I thought we were tonight. I think we need to make sure that we don't create a controversy that doesn't exist tonight, that is - Ms. Me Elroy: Exactly. Commissioner Teele: -- and whether intended or unintended. And, so, what I'm trying to do -- because I know that Commissioner Regalado has said some very positive things in the press, and I'm not able to go to the meetings. I don't know what lie said to you all, but in the press he has basically suggest that he does support the creation of' the C'111 or an entity like the ('lp, and he does support. essentially, subpoena power. Now, where i think we're going to get -- where Urn going to be very supportive of a position that may not be popular tonight is, if xve try tonight to determine how much subpoena power that is and whether it's under this court ruling ar not -- because I want to say right here right now: the Constitution is the only thing, African-Americans have had to protect us. and I'm not abort to start talking about waiving anyone's Constitutional right, if they're a police officer or not a police officer or whatever. i mean, you know, we've got to basically he very clear that police officers, lilce innocent victims, have Constitutional rights, and those rights should lie fully protected without regard -- that's why the lady is blind of justice -- without regard to whether you're a coli or not a cop or you're rich or poor. So, I would hope that we could agree ori at least that much tonight, and I appreciate, Ms. Mc Elroy, if you feel that those are two of the critical issues in this Charter, with a vote to be voted upon by the citizens. Ms. Me Elroy: Yes. The creation of the C'IP with subpoena power. C'omtiiissioner Tecle: Thank you very much. And I apologize, Mr. Brown. I didn't mean to take you -- it's an honor to have you here tonight and to see you here. You want to introduce yourself, 1 suppose'? 474 .lmy 19, 2001 Mr. Bradford Brown: Yes. Thank you. Mr. Mayor, members of the Commission, Manager, Police Chief. My name is Brad Brown. I'm the Miami -Dade branch of the NAACP (National Association f'or the Advancement of Colored People). Our offices are at 13230 Northwest 7"' Avenue. The NAACP nationally is greatly concerned with law enforcement issues. This book, Bend the Rode_ eyKin�, based on research, carried it througlmut the country, including; a hearing in Miami, is recommended reading for all concerned about this issue. The NAACP is unequivocally supportive of citizens' oversight boards for police that arc independent, have the power and authority necessary, and arc adequately staffed to accomplish their task. When patterns and practice suits are brought, this is among the remedy sought. The Miand-Dade branch strongly supports this position, and we helicve that it is a pro law entorcement position. The vast majority Of ofticers who struggle to protect our communities will be able to be more effective when those few officers who violate the trust citizens have placed in thein are no longer on the force or have changed their ways. I want to direct my remarks to the composition of the panel, and the independence that I've just referred to. The community's proposal achieves this by having civilian tncrlhers conning front nominations made by organizations in our community, and two persons from the City of Miami's Community Relations Board. The groups that will make these nominations to the Conninission are expected to he wanted in the Charter, and this will ensure that the Commissioners will achieve a broad community representation and the groups that are selected to be represented. They must be organizations whose mission is civil and human rights. Commissioner Rcg;alado: l?xcuse Tile Just one second. You said that it should he mentioned on the Chatter? Mr. Brown: The dusignation of the specific organizations are in the ordinance. The designation that they are nominations from organizations, which wish to have in the Charter, but the specific organizations, which wish to be determined by the ordinance to ensure that there is broad range of discussion and full vetting and representation throughout the community. C:otntnissioner Regalado: lou said that they are limited only to human rights? Mr. Brown: Those organizations who have been concerned with human and civil rights. Commissioner Regalado: How would you define that? Commissioner Sanchez: I hope you can it all that in 45 words in a referendum. Conunissioncr Regalado: l low do you define an organization that defends human rights? Mr. Brown: Usually, organizations that are concerned about civil and human rights say something about that primarily in thew' Charter. They may have broader things, but we're not looking; at social organizations. We're not looking at organizations who are -- 475 July 19, 2001 Commissioner Regalado: The church. Mr. Brown: -- brought together to bring... Commissioner Regalado: You're looking to the church. Mr. Brown: 1 think that most of our church denominations that have a strong mission arc based in -- Commissioner Regalado: Human rights. Mr. Brown: -- biblical scripture -- Commissioner Regalado: On human rights. Mr. Brown: -- on human civil rights, ves. Commissioner Regalado: So, you would say that churches should be able to participate in the nomination of members of:.. Mr. Brown: I think that would be vetted by, but certainly faith -based urganizations -- Commissioner Sanchez: It would be open to everyone. Mr. Brown: -- which have their root in the churches, where that church has a historic, as most churches do believe in -- us the bible says, in seeing the justice roll down... Commissioner Regalado: I'm just --you know, I'm just trying to understand because, you know, I have gone un record if we take a vote, 1 will vote for the proposal, but 1 just want to make sure that I understand that we arc not, in a way, limiting the number of organizations that could propose dozens and dozens of names, I guess, to the Commission from different sectors of the community. For instance, do you think that an organization that advocates freedom for Cuba, would they qualify? Mr. Brown: I would certainly think that an organization that is working for freedom for Cuba -- Commissioner Regalado: I would qualify. Mr. Brown: -- is one that ltas human and civil rights at its very basis, and 1 would assume that - Commissioner Rcguludo: 1 j ust wanted tube sure of that. Mr. Brown: -- that would also be an organization that would be looking at human and civil rights here, as well as in Cuba, raid they would show that concern about the citizens 470 July 19, 2001 $1610[.2111 in the City of Miami. Commissioner Regalado: OK. Thank you. Mr. Brown: I do want to say that there will be standards set for individuals that should be set with regard to integrity and responsibility, for this is obviously a job for level headed individuals who can look to the facts, not he intimidated, and draw conclusions, beth on individual cases and on policies based on the evidence. Training is important, as been mentioned here earlier. I will mention a critical issue, through. Fortner and current law enforcement at will not fie eligible to sit in the panel in our proposal. Their presence has been warned against by experts who have studied such panels, both to pre%,ent their undue hilluence and the perception that their presence would result in a panel that leans toward the; police. However, they will be eligible; to serve its staff and this would gi,.e the panel members access to police experience and knowledge. Therefore, on behall' of all the citizens groups who have worked on this proposal, i urge that you adopt the independence of the piuiel as outlined in our proposal. Thank you. (APPLAUSE) Vice C'haimian Gott: Thank you. Next. Mr. Howard Simon: Bello, Mr. C'hainnan. My name is Itoward Simon. I work at 4500 Biscayne Boulevard. ['in the director of the American Civil Liberties Union. i just want to crake it few brief remarks, and I want to commend Chief' Martinez on this matter. I hope everybody listens to what the Chief said. The controversy surrounding civilian oversight is a dated controversy. It dates from the '60s. It is the '60s all over a long, long time ago. I welcome the Chiefs comments earlier, that he invited and welcomed civilian participation in oversight of the Police Department, and now it's time to sit down and, I think, draft a proposal. "I he principal for civilian oversight is clearly established. The City Manager, whose it civilian, has a role; the Civil Service Commission, which is composed of civilians, have a role; you and you set the annual budget are civilians who have a role with regard to the Police Department, so the -- this is nothing new that we are asking about. A hundred Police Departments in the country have Civilian Review Boards. Twenty-five of them have subpoena powers. "chis is nothing new. ]t's now time, 1 think, to address this issue. 1 think, and my coherently and intelligently in Miami. 1110 conmuntity coalitiOn that has been before you today has put together. I think, it credible, strong and serious proposal. What we're asking you to do is not to approve every part of it, but to give the people of Miami an opportunity to vote on it; to give the people of Miami an opportunity to vote on civilian review of the police. 1 think this is in the interest of the Police Department, as well, because I look at it as risk reduction. If hospitals, for example, have risk reduction departments, in which the privileges of doctors are reduced or revoked because they've been the cause of action and the subject of lawsuits, then what's good fbr hospitals ought to be good for the City of Miami. A Civilian Review Board would, I think, reduce to liability and the risk. Last year the City of Miami paid out two point eight million dollars ($2,800,000) in a settlement. That is more than enough to fund what is being talked about this evening, and it is more than a 477 July 19, 2001 lot of the other Police Departments Civilian Review Board agencies, We've looked at several of them, and i've tried to look at some of Police Departments of analogous size, and they span their commitment to how much resources they want to put into this, all the wav from San Francisco, that has about 2401 sworn officers, and spends two point five million dollars ($2.5 million), to Washington, DC, that spends about 1.2. Of the Police Depailments that I saw, that maybe was most closely in size in terms of the City, in terms of the size of the Police Department, is the City of Minneapolis, which has a hit less than the City of Miami in terms of sworn police officers, eight hundred police officers, and they spend about it half mullion dollars ($500.01.10) atunually on their civilian review process, with subpoena power. Conlmissioner Tecle: I -low much:' How much? Mr. Simon: Half a million -- fibur hundred and fifty thousand, as of the last budget year. This is possible to do, and not only was it possible, it would be a cost savings. Beyond that, I have to say there etre no set standards: there are no formulas for how many investigators per how many sworn officers, just as, I'm sure, the Chief' will acknowledge the International Association of Chiefs of Police sets no standards for how many investigators per -- for Independent Affairs Department of every Police Department. It is -- there is no set fimnula on any of this. What we are usking you to do is tinker with this, craft it, put your own fingerprints on it, put your own signatures on it, but put it on the ballot so the people can vote on independent Civilian Review of the Miami Police Department. "I hank you. (APPLAUSE) Vice Chairman (fort: At this time I'd like to welcome the -- Jack Espinosa, the newly - elected councilman of i Iorih Miami. It's a pleasure to have you with us. (APPLAUSE) Vice Chairman Gort: And it's also it pleasure to have former Mayor of Miami, Maurice Fcrre, back in City Hall. 'Thank you. (APPLAUSE) Mr. James Phillips: To the Mayor, Commissioners. My name is Reverend James Phillips acid I reside at 1040 Sunnyhmok Road, in Miami, Florida 33136. 1 know that sonic of you have sonic concerns about the make-up of the proposed civilian oversight or the Civilian lnvestigalive Panel or the CLP. There are some questions about the caliber of people that may sit on this panel. I'm sure that all of you are aware of the County's Civilian Investigative Panel, known as the Independent Review Panel. I have been very fortunate, for almost four years now, to be a member of that esteemed panel. i currently hold the position as first Vice Chairman. I also huve looked out and saw one of my colleagues that I also sit on that very same panel, in the audience this evening. One of the things that I'm most proud of is the make-up of the Independent Review Panel. These 478 ,duly 19, 2001 0 0 panel members are some of the most respected protessionals that I've come in contact with. The diversity of the panel members are also a sense of pride to the entire Miami - Dade County community. The Independent Review Panel consists of professionals from all walks of life. There are lawyers, police officers, there are community leaders, business persons, there are, indeed, ministers, and even a doctor's wife. The Independent Rcview Pancl and its staff take painstaking care to ensure that panel members arc the best and the brightest our communily has to offer. Likewise, i believe that this proposed Civilian Investigative Panel will be no different. In the past few months, l have had the pleasure and have been proud to work with a cross section of our community in putting this proposal together, including City of Miami police officers, who only have our community's best interest at heart. The intebrily of the men and women who have put countless hours in ensuring that this proposal would be a shining light, that can he seen throughout the country, is impeccable. Members of the Commission, we have not worked this hard to have someone conic onto this panel who will seek their own agendas. Although the .'Miami -Ducie County Independent Review Panel doesn't have subpoena power, its presence in our community is unmistakable. Mayor, Commissioners, you bring very valid conccros to the table, but I ask that you would trust the citizens of Miami to assure that this proposed Civilian Investigative Panel and its members will have no agenda but that of truth, fairness, and justice for all involved. "Thank you. (APPLAUSE) Mr. Martinez: If I may ask a question, Reverend Phillips. Mr, Phillips: Yes. Mr. Martine/: And I'm not completely Review Panel), but it's a fine organization against police officers? Mr. Phillips: No. Mr. Martinez: OK familiar with the County's IRP ( Independent . But does that IRP have sanctioning powers Mr. H. T. Smith: Good evening. My name is H. T. Smith, 1017 Northwest 9°i Court. I was born in lite Christian hospital in Overtown, and 54 years later, I'm walking distance from where 1 was burn in a shotgun shack. 1 attended Phyllis Whitley Elementary School. I own property in this City; I have an occupational license to do business in this City; for the past 19 years, 1 voted in the City, and I have been looking just like Commissioner Regalado, fir something, the Dolphins, the Marlins, I:lian, Haitian refugees, something that would bring all of your constituents together from District 5 to District 1, all of which ,you, the Mayor, represent. And, finally, I find myself standing with a group of Haitian -Americans, of Cuban-Amcricans, of l-lispanic Americans that arc not Cuban, of African-Amcricans, of while Americans that arc Jewish, white Americans that are not Jewish, and it is a wonderful feeling because, Commissioner Regulado, I curt assure you that there have been times when Anglos felt that Cuban -Americans and Afro - 479 July 19, 2001 Americans just felt well, that's an Anglo issue. And you've expressed your feeling that Cuban -Americans fell, you know, well, if you're fighting for these rights, it should be the sante vehicle when it's Cuban -Americans. And 1 can tell you, having stood Un many picket lines and having demonstrated and advocated as I'm doing tonight, the African- American community nave felt, at times, that people just felt, well, that's a black problem. 'Tonight we have a Miami problem. A problem that, with regard to the issue, which i think that Commissioner Teele has -- I would like to adopt -- and that is that this -- you have to give people a chance to vent. i mean, this is a long time coming. 1 never thought that I'd live to see the day where the Police Chief says; we're not going to oppose civilian oversight. That is a tremendous step in the right direction. (APPI.AUSL) Mr. H. F. Smith: And, so, we've got to reach out across the bridge. So, the first issue of civilian review is an issue for the Charter that, i think, that -- 1 can't understand why we don't have a -- that should be 5-0. If the Chief could vote, we've got 6-0. OK. now, the next issue then is the issue oTsubpocim power. And you Icnow what'' Brilliant minds can disagree, but I feel very confident that because of the - what you've heard Irom your constituents, the research you've done, the confidence that you have in knowing that you're not doing this for the first time in the country, 25 other cities about this size have clone it, additionally, every challenge that has heen made to it so far has failed, every challenge to the C'onstitulionalily of it. And 1br it to work, in addition to us working with the police, this is not all anti -police thing. This is not a black versus Cuba thing. This i everybody saying the system is broke. Now. what's the best way to fix it'' And i would be surprised if we didn't have diffbrent opinions. If two people agree on everything, one of them is unneccsSary. We need credibility. The process has to be credible. How do we make it credible.' We make it credible by, first of all, we've got to rnake the police feel that this is not going to he a runaway, and so we allow the Commission to vet it. In other words, the people can't -- we just can't say from the community we're going to have 11. T. Smith and this person on it. Whoever is noniinated must come from the Commission. And, so, the people who elect you and the police officers who work for you have got to feel confident that you're not going to lel some runaway group of irresponsible people have the ability to investigate our police force, and -- in terms o1' credibility, it's guaranteed because you, just as you make your appointments to other boards, will make sure that that's the rase. You're not going to put any people on there who have a bias against police; people who have a reason or a history of having been against the police. 'rhe second thing we need is Constitutionality. Those are file questions that Alex Vilarello -- your tine the City attorney has been asking, but I want you to feel -- Commissioner 'reelc has actually saved us it lot of work, although people have bot a chance to get -- they've got to get it out of their system. Well, really, we don't have to get into the issue of Garrity or no Garrity, subpoena power or compulsion or not, but 1 just want to say for the record that, remember, there are going to be two types of people that go before any board. "Those who have no fear that they may he in criminal jeopardy, and those who havc it legitimate fear that they may be in criminal jeopardy. '11ic issue of subpoena power has nothing to do with the people who have nu fear that they're in criminal -- they can't have a fifth amendnient right if you have not committed a crime or 480 July 19, 2001 if you have --- and no fear that it's possible they can drag you into it crime. And, so, we're only talking; about the small group of people who may have a legitimate fear that they could be prosecuted. The overwhehninb number of people is people who picked up evidence, people who saw something and things of that nature. Third, it must be competent. The only way it could be competent is, you could ask people -- you have to be able to order people and documents to come because, as the Chief said -- and, Chief, -- the Chief needs to be standing oil this side for this issue. The Chief told you -- guess what the Chief told you. "If you can't subpoena them and enforce it, lie says, these arc my troops. They ain't coming." I incorporate, by reference, without any challenge, that the Chief knows his troops, and when the Chicf says they ain't coming, I believe the Chief. He's niy Chief, too. So, that's why we need subpoena power. It must be cost effective because no matter what we do, the people of... (APPLAUSE) Mr, H. T. Smith: No niatter what we do, you know, no matter flow good it is, it's got to be cost effective. N'ou know, we understand, no matter -- you know -- the; thing I want you to consider in terms of cost effectiveness is, if' you look at all the functions of goverrunent -- and I like to have one day of -- have you all debate what's essential government and what's not essential -- public safety has got to be in one, two or three in tennis of what you essentially create a government for. If it's not one, it's definitely two or three. So, in terms of being cost effective, if you are spending the people's money to make the public safety apparatus safer, more credible, and work hctler, you know that the people arc going to support that. And, last, it must be compellingly transparent_ That's the problem we have now. The presentation that was made by tine lawyer who said that a witness who's making a complaint against the police Lias to go to the police lionie court to complain against the police and can't bring any protection is a legitimate concern. Now, let's look at the other side of that. The other thing this does, Commissioner Sanchez, the good police -- and 1 represent a lot of police. 1 was the attorney for the Public Safety Department. That was the Mianii-Dade County Police before it became that. I represented the Community Police Benevolent Association. 1 represent a lot of police now. A lot of police, just like our kids, don't want to be called a snitch. My -- I can't get niy youngest daughter to tell on niy oldest daughter and i know she's clone wrong, But if a police officer -- and when you were a police officer, 1 feel confident that, if you were issued a subpoena and you were put under oatli, as much as you would hate to say something that hurt another police officer, 1 believe you'd tell the truth, and 1 believe that tine other police officers Would understand "all .toe did was follow -- answer the subpoena and tell the truth. Ile didn't run behind anybody's hack and say, 1'ni going to tell on Officer Aguerro (phonetic)" or whomever the officer may be. He just did his job. And under no circumstances can we have a department that tine people can trust where we have situations where all the officer does is get it subpoena from a federal grand jury and go in and tell the truth anis they are harassed, they're lives are threatened, and their job is threatened. And, again, i want to commend the Chief for starting to try to do something about that culture that you're going to be intimidated. And, so, I'd like to close my remarks by just saying this: one, Commissioner Regalado, hopefully this is the beginning of its beginning to see that irrespective of what -- I like to use this word. It's not 481 .lulu 19, 2001 derogatory -- tribe we're from, that we have the same yardstick for judging civil rights, human rights, and the protection of police officers' rights and civilian rights. Hopefully, this is the day that we can mark that when issues like this conic up, all the community can (INAUDIBLE) around and understand it's not a Black issue, it's not a Cuban issue, it's not an Anglo issue. It's an issue ol'good police and good people drawing the line against bad police and bad people. So, let it he written, you can make it happen. 'Thank you. (APPLAUSE) Mr. Martine: :fir. Mayor and Mr. H. T. Smith, who's very eloquent. And you're right, 11. T., on some issues, I'm on your side of the equation. On some issues, unfortunately, I'm not. You know, I'm not on your side of the equation on the issue of sanctioning; I'm not on the side of the equation on the issue of citizen and policy making from the Police Department, and the bottom line that's going to be discussed here and decided here by the citizens or the Commission is the issue of subpoena power, and the issue of subpoena power, in theory, I'm not against it, but it troubles me a lot. It doesn't just trouble me. It troubles the prosecutors a lot, who were part cif the Blue Ribbon Committee, and the Blue Ribbon Commission started looking at it and the prosecutors are saying, wait, you know. Look at the dangers of subpoena power. And subpoena power, at lite right time, may not be something negative, after all the inquiries are done and the state is through or the feds are through or we are through, so on and so forth. At the wrong time, it could -- I'm not saying it will, but it has -- it could let an officer who should be sitting in jail, lose his job, and I don't think we, as a community want an officer that did something wrong -- the couple that did something wrong, you know, they should pay for that. Also, we have to be real careful because we have 1080 men and women who are working out there today, and we have 35 of their names in oto• lobby who gave their lives for all of us, African- American, Hispanic, and Anglos. They died for us, the ultimate sacrifice, and we have their mothers, their fathers, their daughters, their sons that we go to see in a yearly basis and we pay homage to what we do. We've got to be careful what type of message do we send to the 1080, minus the bad cops. The had cops., you don't want them; I don't want them; the Commission doesn't want them, and we're trying real hard to get rid of them, and we're getting rid of tltent us quickly as we can. Unfortunately, you know, they all get good attorneys, such as you; it makes it a lot more difficult fur us to do our job. But, you know, they have the right to do that. But we have to be real careful what type of measures do we send to our police force who, because of the partnerships with you, community, is the reason why crime is down on Miami. it's not just because of us because they're working hand in hand on a daily basis making Overlown safer, making cast Little l lavana safer, making Coconut Grove safer. They make mistakes, obviously. 1 make mistakes on a daily basis. But I urge you to be real careful what type of message Miles out. It's going to be interpreted, misinterpreted, misconstrued by many. Mr. 11. T. Smith: Mr, Mayor, may I have a one minute response'? Mayor Carollo: Absolutely. Mr. H. T. Smith: Thank you very much. Chief Martinez, I am so happy that you took 482 July 19, 2001 ►IIIIZt[Sili this occasion to mention the 35 men and women who gave their lives in protection of us. That is the strongest reason why we're not going to let a few bad cops lionor their great memory, Secondly, let me meet you halfway. With regard to the issue of subpoena power and hove it will work and sanctioning, we don't have to cross that ]ridge today. With regard to the Charter proposals that we're asking the Commission to vote on tonight, it deals with establishing some tyre of civilian oversight. 1 really don't care about the name, We're not wedded to a name. We had to conic up with sonic name so that you all could call it something. And suhpoena power. 1 believe when good minds get together, atter this community overwhelmingly votes to support this in November, then we'll work out the details with your line City Attorney's Office, and with other lawyers looking at other models to make sure that NNe don't infringe on the Constitutional rights of good police officers and, Lord knows, make a mistake to let it bad officer off. So, we'll meet you halfway on that. We appreciate the fact that you have stepped forward toward us and toward your own community. Thank you, Mr. Mayor. Thank you, Commissioners. (APPI.AUSF) Ms. Me Elroy: Thank you, Mr. Mayor, and thank you, Commissioners. That ends our presentation. Mayor C'arollo: 'thank you so much. Besides Mariano Cruz, is there anyone else from the audience that would like to address us? I'm sure there are more people. OK. Mariano, you go ahead. Georgia Ayers will go next. We have the representative from tate FOP (Fraternal Order of Police) of the City of Miami, Al Cotera will speak. Mr. Mariano Cruz: OK. Is it all right to go'? Ms. Me I31roy, don't leave. Commissioner Sanchez: Don't leave. Mayor Carollo: Don't leave. Go ahead, Mariano. Mr. Cruz: Mariano Cruz, 1227 Northwest 26"' Street, Miami. I lived there for the last 33 years, a resident of the City, taxpayer, and vote in the City of Miami. And you represent the residents of the City of Miami, and this is an election year, very important. Because maybe what I'm going to say is not politically correct, but I ani not running for any position. What I'm going to do some criticism f'or one thing. I came here; looking for some answers. I don't get all the answers because they say you say very transparency. Who are these -- who is this coalition? How they were chosen because I've been very active. I been even arrested by the police or went to Internal Affairs several times. I wasn't contacted. Leroy Jones knows nie. (INAUDiBLE) same mines. I'll] been there many times. How I wasn't contacted? I am also one of the few Cubans that is member of ACLU and of the Democrat Party, And very seldom you see that. I ani not afraid to say that. I have a card here -- I pay members. John De Leon before and now Lida Rodribuei.-Taseff, resident. So, I know them. I will sign over there. And I say, what is that people come here and they say and address on Biscayne Boulevard and an address on 27'x' Avenue and all that? They don't live there. I don't say 14311 Biscayne Boulevard 483 July 19, 2001 �I�I�itE:AP. because I work there. In North Mianti Beach or 1 live in Allapattah. 'That's where I live. I saw these people here. i know them because I've been at their houses in Coral (tables to lunch there and they have the office on 27`r' Avenue or Brickell Avenue, and they say, you know, something -- no, no, no. You got to tell where you're at because we vote. No. You don't vote in Miami. Maybe they pay money -- political money and all that, but that's not the point. 'Che point is what is good for us here? And I think, if there is no transparency there, what would be from this group, too'? Some people have an ax to grind, a witch -hurl? Who knows? Who knows? Anything could happen. Because you - - 1 Gunk they gave -- some people will be Letting too much power also. 'rhe money issue. Taxation and representation. You kno%% that we lost that surcharge ON'Al'DIBLE). Taxation and representation, right? That was the issue that the lawyer used. But, remember now, these pcoplc conic here and they want that panel, but who or how -- who is going to select the panel? I don't know who's going to select the panel. Is the Commission going to select it'? Well, how conic they use a peers group they can use from another police department? They could use people from other Police Departments. Well, you kilo%% %khy Internal Affairs fail in action? i've taken three or four cases Internal Affairs. Nothing; ever happened. Nothing: happened. Even when 1 complain about police sandbagging on the corners, nothing was done at 1036. 1 have to go to (lie County's Traffic Department to have the intersection changed to stop the police from there. You know why? They \sere giving; tickets there to the people or the factories ( INAUDIBLE) and were afraid -- instead of going to Biscayne Boulevard to give tickets to the people that live in Bay Point, and that's wrong;. And you know, people don't won -y about somebody being 'Killed. 'they worry about the issues day-to-day. You work for rte (IN'AUDIBLE) making 550 an hour, and you come from (INAUDIBLE) and then give you eighty-three dollar ($83) ticket moving violation you are pissed off. And that's what many people get, POPO (Pissed OfT Police Officer), too. And they go to the police officer triad and the police officer arrest them. Why'? Because it say POPO, a pissed off police officer, because that's the street lingo. That's what the people say there. And it's very hard. I ant on the street everyday. I talk to the people everyday. l have access to the I V and the radio, so I can influence people. And with all these people, these lawyers, they live ire the wary lowers there. 1 never seen them in Allapattah. How you going; to judge me? You don't even go to Allapattah there. I mean, that's -- i cannot take that. So, you put that to election, I don't care what -- 11. T., OK. I know where he lives, in Spring Gardens, He lives in my neighborhood. Close to me. But the other people, where do they live'? i know where they live'? But they don't live at 4500 Biscayne Boulevard or they don't live at 2QU South Biscayne BUUICVard. No. Remember that. We are the voters of Miami. Now, these people very active. How come they were not here when CALLA was here. You knots what CAi.EA is? You know what CALE'A is'? C -A -L -E-A. That's all acronym for committee (INAUDIBLE) of Law Enforcement Agency. It's a (INAUDIBLE) called that City police car have next to them. You know how many people came to the meeting here:' Leroy ,tones, Mariano Cruz, Boom -Boom, (INAUDIBLE). Tone of those people were here. Maybe if they were, something was hone at the time that was a classic ounce of prevention. No. Now we -- it panel (INACDIBLE). And who is going to pay for this in a time of budget confliction'? Are we going to pay for them, executive officer and this, in investigator, all the blah, blah, hlah, blah, blah? i sure don't -- I want my money to go to the parks in Allapattah, not to 464 July Iii, 2001 9I1I1L•E:i1k this group. Thank you. (APPLAUSE) Ms. Georgia Ayers: I don't think you know what you -- wait a minute. Hold it. Hold it. Hold it. Hold it. Let me stop here. Let me stop you right now, son. 1 wasn't going to say anything but you stepped on my toes. First of ail, the Office of Professional Compliance, after the 1980 riot, when -- Chict, where arc you? Stand up here. See, you all don't know. lie's talking about how long he's been here? 1 was horn here 73 years ago, and 1 lore the City more than any of you. You see all these guys sitting right along here? You all don't know who they are. I know them because I deal with them everyday with everything that's going oil. Now, I'm riot against what 11. T. -- I help raise that boy. I'm not against that. fie asked me was I going to conk and raise hell! I'm not coming to raise hell. I'm letting you know what's already ill progress and ready -- yes, H. "1'. Before you go back reinventing a wheel, you need to know what the City of Miami already have in place, that after the 1980 riot, that there were five of us complaining just like you all are complaining now, we had Richard Witt, who represented your unions; we had Bob Warshaw, who represent Chief Harms, we had Eduardo Padron, N%,ho represented the Hispanic community for you Spanish people; and you had Georgia Ayers who represented the black community for you blacks. laid you get it'? I don't want to call other names because I see you sitting hack there. Howard Garrett, who represented the establishment here. Now, you know how long Howard is gone. I'm telling you, if you want to save sonic time on what you're talking about, this man, in the 1980, the same Chief that you have here before you now is a damn good man. I'm telling you that. In the 1980 riot, when you had a bad -- two bad cops out there, really inciting to riot and rather than stopping the riot. i went to him and pointed those two guys out to him, find he removed thein front the streets inunedlately. Mayor, Commissioner Teele, I would advise you all, before you make any other concessions to anything -- H. T., to you, too -- look at what you have improve upon this. Shirley Richardson, in the Office of' Professional Compliance, we went through -- 1 was just sitting; back there listening to you. We went to Chicago. We had people from all over the country to come in and show us what they had as it relates to police procedures, and dealing with your internal review. Yeah, I got something against them right now. Yeah, I've got some complaints against them. But give the Chief, since you have -- this has never been brought to the extent where it is right now, give the department a chance. Let the Coinmissionces and those digest what you have given them tonight. 1 don't see where you can make a decision tonight on this. Try your OPC that you already have. If you want to add some of these other people to it, then try that, but you already have something in motion. Thank you. (APPLAUSE) Unidentified Speaker: It ain't working. Mayor Carollo: Thank you. Al. Ms. Ayers: Oh, he wants to talk about is my retainer fees. How much are you willing to 485 July 19, 2001 • pay for it. Mayor Carollo: Go ahead, Al. 1-1 L Mr. Al C'otera! Yeah. Good afternoon or good evening. Al Cotera, President, fraternal Order of Police. I'd like to go an record as saying one thing: We have no -- our organization, the Fraternal Order Of Police represents both active, you know, police officers here in Miami. We have no opposition to civilian oversight. I have some concerns about subpoena powers. I think those concerns have been raised. We were part of the Blue Ribbon Committee and I think that we came up with a pretty good offer, a pretty good program. Civilian review, though, is no panacea, folks. We've checked -- and I'll be mare than happy to show you the documentation, ot'where it is cuiTently heing done and how it is working. Civilian review in Detroit sustains 2.5 percent of all alleged abuses. Our own Internal Affairs is up to 15 percent. Civilian Review in Sacramento sustains four percent of all alleged abuses. It is no panacea. There are legal hurdles that, what you're requesting as far as subpoena powers and stuff like that, may jeopardize the one or two real bad cops that belong in jail. \lay jeopardize them from going to jail. And in the scheme of things, yeah, you bot rid of them from the department, but you really did not mid out the punishment that an alleged crime deserves. OK. But I wanted to go on record as saying here -- hecause i don't want the public or the media going out there and saving the police union is going to light this tooth and nail. That's not true. We do have OPCalready. So, we've been under civilian review since the '80s. You have the Community Relations Board in the City of Miami that gets involved, you know, of which i sit on, you knew. The organization doesn't want any more than -- anyone else of had policemen out there don't want that. You know, we're having enough problems in making sure that the community knows that we are here to serve them. 1 think a lot of that has to do with the tact that other governmental agencies aren't standing up to the plate and saying on certain occasions, these are unfortunate situations; these are ugly situations, but these are legal situations, and other governmental agencies within this County are not stepping up to tilt: plate and saying that, and that creates that perception that's out there, that the blue code of silence -- oh, they're not investigating themselves. The City of Miami Police Department has put away, has arrested and prosecuted more of its officers than any other agency in all of South Florida. As the Chief mentioned earlier, we are the ones that arrested William Lozano. It was our own homicide people. It wasn't the federal government and it wasn't the -- you know, it was our own homicide people. We were the ones that arrested Louie Alvarez. We are the ones that arrested the individuals involved in Mercado. OK. We're the ones that got all that information and took that information to the authorities. We were the fact tinders and took all that information. So, we've been, you know, under public scrutiny for years now, but do not think that a civilian review or an extension of what is currently in place is going to fix your problems, like, ,you know, make them disappear overnight because that is not the case. Plenty of people have tried it. That is not the case. Do not expect that -- you know, take a look -- like the lady said, take a look at what you already have in place so that you don't have a duplication because the more times you have those different levels and those different duplications, the easier it becomes for the bad guy to bet away because it .just sets in place another place where you can argue. Be very, very careful. 486 July 19. 2001 61111MM Because, like someone said earlier, you inay end up With what you Wish for and all of a sudden realize that you didn't get what you thought you had. Be very, very careful and don't allow the media or anybody in this community say that we're opposed to civilians looking over our shoulders. HCII, just look at the timeliness. These indictments were for an incident that occurred five years ago. The last group of indictments of police officers, they had been investigated already by the State Attorney's Office, internal affairs, homicide unit, and everybody else. 11 took the feds five years to come around with civilian overview. Have to wait those five years or would they then be blamed 1br not doing anything? Those are problems that you've got to look at. Therc's Constitutional issues; there's Garrity issues; there's contractual issues. Police officers have it state bill of rights. You have to look at those issues heC:tuSC then all your Civilian Oversight Board is going to be called -- they're like Internal Affairs, they can't fret anything accomplished. Run that risk -- you run that risk of, you know, timeliness, ineffectiveness, and the numbers are there. It is not, you know, we're going to clean the slate by putting more people looking over our shoulders. It's not going to happen, folks. 'fake a look at the real numbers. Thank you. Mr. Brian Dennis: My name is Brian Dennis. I'm the president of' Brothers of the Same Mind, address 4055 Northwest 17°i Avenue. Many of you know that we've been in this tight here for about live years, so this is nothing new to us. The first thing about the Office of Professional Compliance with this proposal, wlicn you look at the Office of Professional Compliance in these meetings, there was never a proposal presented. We were able to get the Police Chief's proposal belore we were able to get the Office of Professional Compliance proposal. Now, to he able to sit there and bring it proposal at a meeting and shove it down everyone's throat and ask us to go through and sift it is not enough time, when the Chief was accurate enough to make -- to have this Blue Ribbon Panel to be able to fro through his proposal and read it and understand what is going on. This next point 1 want to make is about a statement that was made in the paper about officers that could take the fifth amendment right and feel like, OK, once they give a statement -- there is it guideline, if I'm not mistaken. I'd like the Chicf to answer my question. There is a guideline during the investigations that the police officer should have a certain amount of time to make a statement. If that officer does not have a certain amount of time to make a statement, then what should happen, and when that off icer does make a statement, that the Civilian Independent Panel should he there; the state attorney should be there, and the Police Department should be there, and representatives of that particular officer or that particular fhtnily so that we won't have this one -time -- once this officer said this, he doesn't have to repeat anymore. 'that's plain foolishness. We done had this done many times before. These shootings are not occurring in the white community and these shootings are not occurring in the Hispanic community. These shootings have a consistent track record of it happening wherever there's a concentration of black folks. Now, a lot of people wonder why I'm in shorts. Well, your officers, when they ride up, whether they be in Overtown or Liberty City, they're going to encounter someone that look just like ine. If' you saw the picture of Mr. Daily that was in the wheelchair, he had what we call dreadlocks. Ile was unarmed in a wheelchair. Pour shots, center mass, to the back. That is a problem. You have 120 shots on an elderly individual. hnagine (sound of shut)- your lilt is out of there. No longer will you sec the 487 July 19, 2001 $i11nf>` grass that Clod has allo%ved to be grown: the trees, the birds, the sun rise or the sun set. That sound was 19 times in the back of Mr. Singleton 's head. That sound was 120 times in the back -- in Mr. Brown's over there when they phot Mr. Brown. We're talking about two and a half million dollars ($2.5 million). And each one of these so-called justified shootings that the Police Department seems to say that its all right to have, but somehow we have a City Attorney standing there saying, look, this investigation can't go. It does nut add up. \\'here you have a nlan standing in his home and supposed to be a silhouette of a gun that he has and you have a throe -down. ft's a problem. Where you have officers as seen with Sergeant Rambo, as stated with Officer Williams, and countless other officers that cannot conic out because of retaliation or being when they take a call, that they're going to he abandoned out there lice, there is a problem. I here is ;u problem. I'm it trained marine, so i know how this thing go. That Policc Department is no different than a Marine Corp. lf' your partner docs not watch your back, you're out of gas in that field. That man \kill take VOL] out. Tile (INAI.IDII3LF) Mr. Shepard. I agree with Mr. Shepard one hundred percent, that it's a smoke screen. BecanSe to he the Police Chief is a political position. I have a lot Of respect tier Mr. Martinez, but you know how that game is played? That is a political position. That is the next step for runnings for office. You have to be hand in hand. And I %%-ant to explain this Isere. During March or April when this Elian situation happened -- and I'm going to address it because Commissioner Regalado brought it up. What you all need to understand is, look at the make-up and the percentage of your Police Department. The make-up in the percentage of your Police Department is the majority I lispanrc. When you bo hack and you view the tapes of all major news statuiits, what you will find nut is that the majority of the officers that was out there whooping those individuals in the exile community were Hispanic officers. They were Hispanic officers whooping their own people. 1 don't care who you bring up here. The Fraternal Order of Police; you could bring the 1113A (Police Benevolent Association); you could bring anybody up here. 'I hat fact was :hal when that F.lian situation stated out there that then -- and theft Dade County Mayor stated that he was Cuban first will understand this here. I'm black first. And my life is more so on the line fhart any otic of you all sitting; up here that live in another neighborhood, outside of Liberty City. Carol City, Opo Lucka, Overtown. 1 want you to understand that. Because them young brothers, when you conte round there, you come Over there to 401" Street and 17'i' Avenue, they looking like me. They dressing like me. Everybody can't he like that. "Then I want you all to go down here up under -- you thinking the Civilian Independent Pane) is going to be wide open with these powers or they're going to misuse their powers? No one can misuse the power as much as someone's wearing a badge. You have property missing; inside of the City of Miami Police Department, where you lost koilos of cocaine, pounds of' reefer, stoney missing;. There is a problem. It stuns -- it's this good -old -boy network. And it ain't nothing against the Chief because he happens to be sitting in the position that lie got to take that heat. Well, 1 want you to understand this. As a community, I want the Chief fired just on these grounds here alone. When the exile community came up here, the Mayor had to fire the City Manager because he was not tired by the Police (thief. The exile community came in here and demanded -- they demanded that lie be removed. They demanded it. And when Mr. Warshaw decided that lie would not let loose Mr. O'Brien; the Mayor fired him because he had the power to tiro the City Manager. Yes, you did. It ain't nothing against the Mayor. it says 75 days. It's 489 July 19, 2001 111171t11.9 - been 75 days since the life of 19 -year-old Mr. Nicholas Singleton has been snuffed off this earth. Eighteen. And what 1 want you all to understand is this: had i sunned that brother down or he gunned me, we wouldn't be standing hcrc. Prime example. Two weeks ago an officer was shot down and killed in Tampa. We seen police dogs. We seen police everywhere. No one has been indicted for that murder of that young brother when 19 rounds of City -owned and issue to three officers and one hasn't made a statement yet. He is guilty as all outdoors, Ile should be charged under the 1020 life law. The two officers that tired after the first officer fired should be charged with attempted murder because they committed a felony. That young brother -- that is attempted murder %vhen you release 11) rounds, whether you fire one time, two times or you empty the whole click. That is it complete felony and that is it gross miscarriage of justice that this is not happening. The State Attorney couki not do nothing when flee City of Miami Police Department can't even bet nothing togetlwr. )'ou cannot even bet nothing together. When you have officers that come up alone are lying, of individual officers that have been there 20 and 30 years that means that you have a gross problem in management. Meaning this hcrc: when you coming up down that line, that mean that, as a position of leadership, I have had some control or some direct contact with you. f have trained you. 1 have trained you. And I have made you this way, whether you're the Chiel' now or you was a rookie 20 years age,. )'ou canis up as a part of the situation to know That the life of a young black male ain't worth a quarter when you're wearing, a badge because we gonna get you off: We gonna get you oft. (APPLAUSE) Mr. Dennis: We gone get you off. This thing here -- this another thing here with this Elias situation. The Ad Hoc Committee. I heard Commissioner Regalado speak about this -- one of the things that you need to do and you need to understand that black folk have endured this since the days of'slavcry. We know what it fi.cls like to be beaten. We know what it feels like to he hungry. We know what it feels like to he dragged off. What should have happened during file Elian situation was that it should have been explained and not played politics on the exile community that Nve're going to stand out rutd play politics with you because we've got it situation hcrc. The Constitution of the United States stares that you can do whatever you want to do as long as you follow these guidelines because we have a list and what happened was, it was never explained to those citizens in the exile community about the laws and what would happen. There was not a -- there was no doubt that everybody in the black cotnnrttnity and everybody in the white community knew that the government was going to send in the force to get that child. They knew it. If you a tactical, you knew. Whether you're it military or whether you're it police trained, a tactical event is known. 7 hey study that situation and knew at the middle of the night, everybody was in bed. 'they should have known. But no one said anything about it to these individuals. Now, what you ought to do is look at the Civilian Investigation Panel because had it been in place, I promise you this here. 1 -lad it been in place -- and you go hack and get the tape when they came up in here last year -- that young Hispanic brother that had his hand stepped on and was broken in several places is no different them the lawyer who was snatched around in the middle of the street who spoke here this evening. He is no different. Neither of thcrn were no different than what 489 July 19, 2001 416M, :E— happened to Arthur McDuffic, what happened to Nevell Johnson, what happened to Rodney King. "I hey were no different. The only thing that happened was they got a taste of what everybody else in the black community already knew aMut. (APPLAUSE) Mr. Dennis: That's what happened. Now, to sunt this whole thing up in a nutshell, and I'm going to leave it like this here: in the hook of Ecclesiastes, the bible says that a man does not have to die hetbre his time. And you can bct your best pastor on staff. And it also says that, as it continues on to read into the next chapter, that time and chance happens to them all. So, the time is right. The time is right. Your vote on that Commission is voing to hinge because we're not going to play with you all anymore. Come November, when you run around here Playing around — there's it lot of people in that race during the primary. Lot of people in that race. And we know we count. We know we matter. And if you didn't think we mattered, you go ask Mayor Penelas bow he slid in by the hair of his shinny chin -chin. Fhis ain't no game here, where you bot young brothers losing their lives. This ain't no gamo here where you got a young Hispanic male and young Hispanic tieing beaten do%+n there and they don't understand what's happening. It's all well and good when the wits of a police officer or a husband of a police officer wonder if they're laved ones are going; to conic home or not. 1 have a line of police officers in my fancily. A line of them. And rttany a mornings when 1 was growing up and small, we did not know whether they were going to conic hack home or not. 1 respect that issue. Because you have a job to do. But when you have a job to where you have officers trafficking cocaine, that's armed trafficking. When you have officers that are helping drug dealers rob other drug dealers, it's a problem. It's a problem. In the articles that continue to conic out, whether it he in the Miami !'imes, .vilether it he in the Nene Dines, whether it he in The Afiami Het-ahl, it's shameful For those few to distort the honorable many. The 35 that died -- I'm pretty much like li. T. smith -- they did what they had to do, and for people like that, you don't dishonor their name by being an idiot because of your own self' -Barn. You don't do that. That is sharneful and it's disrespectful. This City lilts been under a microscope fir quite a tew years no",, since the last mayoral election. I think the Mayor; you have clone it great job, providing all the foolisluiess with the bananas being throwed, the strong Mayor thing going to court, coming back, I think you did an excellent Joh. Because pressure going to do two things. It's going to bust a pipe or it's going to make a diamond. (APPLAUS19 Mayor Carollo: Go ahead, sir. Go ahead. Osvaldo, let him go and then you'll speak next. You could stay there if you want. You could stay there. (io ahead. Mr. Michael Bregcnan: Michael Bregman, 915 Northwest 1" Avenue, in the City of Miami. There is no doubt, nor anyone can deity, thore has been cases of hrutality, harassment, profiling and there is a need fbi- some oversight probably independent. What concerns the -- i have a reservation about the system, as it's proposed here, is that, _just as there is a minority of police officers who are abusive, there is also a minority of police 490 July 11), 2001 1IiI1ZISif► officers wlto are unprofessional in the way that they don't du their jobs when they need to act, and what I would -- what I fear Nvith this organization, as proposed, is that it could provide an excuse for a police officer to say, well. I can't do this hecause. you know, we have this Civilian Review Panel and if' 1 del anything, you know, they're going to come down and I'm going to get tired. You know. that kind of thing. And even though that's not really the %vay it's composed, that is, nevertheless, a possibility that somebody on the street, who is not really that well informed, to ask an officer to attend to a certain problem, and usually these are minor problems. It's not -- you know, it's not murder, it's not rape, or arson. It's usually something like aggressive pan handling or something like that. The limblem is is that -- I think what tilayor Penelas' clean sweep has shown is that the -- once you commit the minor petty crimes, also are the one; who tend to commit the major Crimes. So, if you don't attend to the petty crimes, you're also 1101 going to get the mayor crimes addressed. Perhaps, with the panel's help, we can ensure that that kind of aspect of the organization won't he -- won't end up causing that kind of problem. Thank You. Mayor Carollo: Thank you. Osvaldo, go ahead. Nlr. Osvaldo Soto: Mr. Mayor, Mr. Commissioners, my name is Osvaldo Soto. I'm an attorney with offices at 2151 LeJeune Road. I'm also the Chairman of the Spanish American I.eaguc Against Discrimination, and also the elected coordinator of (INAUDIBLE) which is the umbrella organization that has all the Hispanic organizations. Let me give you or share with you a little bit of my experience in this area. Just after the shameful and disgraceful McDUf w event, i, with it group of citizens, investigated the discrimination in the City of' Miami Police Department, but mostly in the Metro Police Department. The panel that investigated the departments were four persons at that point, Lucrecia Granda, 1 was the Chairman. Howard Hadley, Dr. Hadley, and Charlie .Johnson, that used to he a member of the "Frust at Jackson Memorial Hospital. As a result of the investigation, we round that there was a -- investigation, it was found that there was a tremendous discrimination in the City of Miami Police Department and in the Metro Police Department. The proof of what happened afterwards and out- work Is the fact that we had Chief of Police, like Perry Andersen and haul Martine7., both tremendous Chiefs, which had never been elected before. Furthermore, at that point that we investigated both Metro and Miami, there was 110 one single -- and fell going to repeat this -- no one single Hispanic or black officer at supervisory position. I remember, 1 worked one day at the Miami Police Department. I saw the high echelon of the department and there were only one black and one Hispanic among 34 names. I remember when i denounced this is discrimination -- and I am -- the Mayor Ferre is here. Mayor Ferre was the City Manager -- I mean, the Mayor of the City of' Miami, and immediately that he heard what we were saying. He came to me and said, "Osvaldo, I cannot believe those numbers are true. And Mayor, I want to recognize that you gave the order to Howard Gary, immediately, to correct this situation within the Miami Police ;department. Later on a few years later, I was asked by this City to mediate and investigate the Metro and Miami Police Department. i diel it for three years. And anwng the things that I had to deal with had to oto also with the firelighters department. City Manager will remember that we met and we worked and NAACP that was here, Brad Brown, and other members of NAACP 491 July 19, 2001 i • worked with myscl f anti other Hispanics, denounced what was at that point mostly black discrimination within the firefighters deparmicnt. Later on -- and i will say it was five years ago -- 1 was elected chairman of the Independent Review Panel of the County. The independent Review Panel is an organization, a civilian organization, more or less what is being proposed here today, and this Independent Review Panel had all the powers, with the exception that we didn't have the subpoena powers or we didn't have the sanction Powers that are being proposed here today -- but we can say that we did a job, and i think we arc proud of what we did at that point. I would have preferred. in the case that we are facing today, to have appoinled a group of'civilians -- and l don't know this is possible -- to the department ol'police investigator -- Internal Affairs Department and perhaps would have avoided this whole thing by having three civilians N%orkinb within the City of hiianii Police Department in this department so the complaints would not have been only looked by officers, but have been looked and investigated by civilians and would have avoided probably all these problems that we're facing today. At any rate, as it appears, that it's a little bit late, we have to make a determination, and I'm very concerned of the repercussions that are going to have what is being proposed here today, and with the experience that 1 have, I see this as a matter that is going to create a lot of problems within the City of Miami; it's going to create a problem within the people of the City of Miami, and because I am concerned about this, you have to take sides and you have to say what you think is going to do better. I have read all the proposals, and I would say That the ordinance, as it's pruposed by the City Attorney at this point, what's based in the investigation, in my opinion, is the best of all the proposals because it's going to avoid all of this, and, hopefully, it won't have to vo to elections because that election, Mr. Mayor, and Mr. Commissioners, is going to be a very difficult election and one that I don't think we need in this City. I have worked all my life with these people. 1 have a friend by the name of Ray (INAtID1BLF-), with whom I have never had one single time that Nve Have disagreed on something. Today I have to disagree with him, and before i finish, 1 disagree, with all due respect, because he is a true friend, and I want to say that. But before 1 finish, I want to say something. I have heard things about the Police Department, Miami Police Department, and i think there are rotten apples in the Miami Police Department. 1, myself, have filed two internal Affairs complaints and was nnisabused - I'm sorry. Abused by an officer of the Police Department. I did what I was supposed to do as a citizen. But I don't think that because we have some people that have done something wrong, like it happened in McDuflie, like it happened in other cases, like it happened when the Elian, OK, the way the Lilian thing -- I am sorry to say that it was misunderstood by the person who spoke about it -- 1 have to say that we don't need this and we have to say that the majority of the officers of the Nliaini Police Department, as well as Metro, both Blacks, Hispanics, and Anglos are good officers and deserve our respect And those who have done wrong,.just they should be sanctioncd and they should be punished, but let's say that the majority are. not that people. Thank very much. Ms. Reichel Diaz: My name is Rachel Diaz. I live at 5760 Southwest 94 Placc. As you can see, I ane not a member of this community, but f live in Miami and i am Billy aware of how difficult the role of the police are in the area where we live. Miami has the highest rate of persons with mental illness that are not being treated because the law of the State of Florida doesn't allow us -- for a person to he treated for mental illness, 492 July 19, 2001 against their will, and you, 1 am sure, don't know, but 40 percent of persons with serious mental illness are not aware because damage in their brain, that they are mentally ill and refuse our treatment. Those are the persons that you sec on the streets of Miami that are in and out of the hospital and, in Florida, we have more persons with serious mental illness in jail than in the hospital. Does this work? Yeah. The hospitals. The police is the last resort that the families of persons with mental illness have to call the police and to have a person involuntary transferred to a mental health center or to the jail. The police, in a split second, has to decide if that person is really mentally ill, if that person is dangerous, he's on drugs or what is the real problem? Some have the ability, I am sure they are not familiar, but even you should know that some person with mentality, in a split of a second, for a short period of time, can appear as numial, as collect as any of us. That doesn't mean that they don't need hospitalization. So, illy request is that you have to simplify the duties of the police officers by giving the persons in Florida a better chance to be treated for mental illness. Tlicse arc biological illnesses, treatable, but the law doesn't allow us to do it. And I .un using this opportunity to testify that my encounters with the police -- because I am not Cuban and 1 am not running for offices, I don't want anything, except that persons like my hushand can he treated with respect, and the police has been very respectful and I appreciate that. 'thank you. (APPLAUSE) Mayor Carollo: Thank you, ma'am. Mr. Dennis Knowles: My name is Dennis Knowles. a concerned resident. You know, when you have officers with the attitude that they can be above the law... Mayor Carollo: Dennis, excuse me. Can you give and address l'or the record, please? Thank you. Viz. Knowles: Yes, 7Gu Northwest 4`�' Avenuc. Seven zero six. I'm sorry. You have officers with an attitude that they can be above the law. They become as lawless as the citizens whom they call lawless. In this case, there are 75 percent of the residents in the City of Miami, statistically, with felonies. And in my walking and discussing or talking with residents on the streets... Commissioner Sanchez: Excuse me. I'm sorry to interrupt you. Seventy-five percent? Mr. Knowles: Seventy-five percent, yes. Commissioner Sanchez: So, are you saying 75 percent of our population have a felony record? Mr. Knowles: Felony records, exactly. Commissioner Regaladu: Where did you get that information? 493 July 19, 2001 ri6lrz[a[s Mr. Knowles: Seventy-five percent of the residents of Miami -- I've been working with - - if I may. i've been working with Senator Kendrick Meek on the clemency laws. Commissioner Winton: One of you guys have a record. Commissioner Sanchez: One of you guys has a felony record. Mr. Knowles: That may be -- you know, that may be very well true, now. Seventy-five percent. That's a huge number. And ... Commissioner Regalado: 1 don't have a record. Commissioner Teele: I'll admit mine if the other two admit theirs. Mr. Knowles: You know, that corruption -- corruption sometimes can -- excuse me. Corruption sometimes can start at the top and work down to the bottom. So, the fact of the matter is that we talk about oversight boards being realistic; this City actually needs an oversight board, as everyone's been chiming in, with true teeth. And with that, inclusive should be the resident that is even out there from the smallest man to the man that sits up with it shirt and a tic. These are your constituents. They pay taxes too, They go to the grocery store; they buy their sodas; they pay their taxes on whatever they purchase. On the panel, i believe that the citizen, who has been affected the most, needs to he allotted the opportunity to sit on the panel. Murderers -- i have to disagree with that. With the murders of Singleton. I counted through records has been at least, what, 56 or 151 murders here since 1981 by police officers in the State of Florida or in this particular vicinity. Commissioner Sanchez: Where are you getting those numbers? Mr. Knowles: Out of the papers. Miami Maes is being one of them. Serious, out of Miami Times. Yeah. 151 since 198 1. i believe that you do need a panel with teeth. Let's be realistic now. This is a serious issue. And the sentiments on the street, you just heard one explosive one. People really getting very upset out there. Very scared on both sides, and I can't condemn all officers because all officers aren't bad. bet's be realistic. But you do have some out there that do take on that title that "1 have a badge and you just it citizen or a resident. You do as 1 say, not as 1 do." There's corruption at all levels that needs to be investigated. That's why the feds are here. 'Chat's all 1 have to say. (APPLAUSE) Mayor Carollo: There's no one else from the public that will be speaking, wants to speak, then we'll close the public hearings side of this meeting. Do any of the members of the Commission... Commissioner Sanchcz: Mr. Mayor, I have some questions. Ms. Me Elroy, I've reviewed both of the proposals that are in front of its today. I've reviewed the Blue 494 July 19, 2001 RUIN Ribbon Committee anti I've reviewed your.,;. i had some questions pertaining to the Blue Ribbon Committee anti I'm going to have some questions pertaining to Civilian Investigative Panel. First of all, how would you organize the panel composition? How would members of the community, which -- how would you select those members to sit and represent? T4s. Me Elroy: 'rite panelist would be selected from among... Commissioner Regalado: If t. Joe, I just want to say, she would not select the panel. Commissioner Sanchez: Well, Commissioner... Commissioner Regalado: According; to what she told me. Commissioner Sanchez: Well, let me tell you what's oil the proposal, which is a draft, and let me read here: in order to secure representative membership on the panel, the community groups or organizations listed below shall select seven members. The African -American Council of Christian Clergy... Ms. Mc Elly: Sir, may 1 interrupt? That list is not the current list. We've revised and I did submit a copy to your office. Commissioner Sanchez: Oh, I'm sorry. Ms. Me Elroy: That's an old draft. Commissioner Sanchez: Oh, OK. Well, how is it going to be done'? Because there was some mention about the Commission appointing the members. Ms. Me Elroy: Yes. The Commissioners... Commissioner Sanchez: Well, let's -- i'in trying to clear a lot of confusion, and trust me - - at least with nie there's a lot of confusion with the issue. So, how would the panel be selected? Would it be the Commissioners making the appointments? Ms. Me Elroy: This would be more defined in the ordinance, which we do not have before you right now. Commissioner Sanchez: Well, that's another question I have, the ordinance, but i -- the referendum. Ms. Me Elroy: Come. on. Brad is going to respond to that. Mr. Brown: What we envisioned is that, in the ordinance, the Commission would list and determine. a series of organizations, representative of our community, that arc concerned about civil and human rights. 495 July 19, 2001 �1rK�>a�ti�u� Commissioner Sanchez: So, you don't have the list? Mt. Brown: We don't have a list. This was an earlier draft of the list and that obviously was a list of some of the people, at that time, who were working on the proposal, but we recognize that it needs to be a much broader base list representing the community, and we think that should be put in the ordinance, and the Commission should establish the organizations to be represented. And the only stipulation we have is, we want organizations that are concerned with civil and human rights, and then those organizations would be asked to make nominations to the Commission and the Commission could approve that nomination or they could say send it back. That is -- for example, procedure that is now used with the independent Review Panel. For example, one of their agencies is a community action agency and it submitted a nomination and the County ConnnissiOn could accept it or not accept it, but the actual authority to appoint then comes finally in the hands of the Commission itself. Commissioner Sanchez: And they would have representation from diverse communities, which we are? Mr. Brown: Yes, Commissioner Sanchez: From all groups'? .Mr. Brown: And we would expect that that would be discussed and debated in the -- because I'm sure there will be more organizations to be considered than what we'll eventually, you know, have or you'd have too large a panel. But that was something; that would come out and debated the ordinance. Commissioner Sanchez: So, it's five members appointed and two would come from Community Relations Board? Mr. Brown: Well, we were saying seven members and two, for a total of nine. That's what I have. Commissioner Sanchez: All right. You've cleared that. At least ... Mr. Vilarello: Commissioner Sattchez or Mr. Mayor, could l address tite issue? Mayor C. arollo: Go ahead. Mr. Vilarello: In several places tonight members of this group have moved away from the written text of their documents. For example, in this instance your question, Commissioner Sancho, the members would be selected by community-based organizations, initially identified by ordinance, whose missions were to protect civil rights and human rights, and then that list could be modified by the Civilian Investigative Panel. So, if they're changing their proposal to allow the City Commission ultimately to 496 July 19, 2001 ��+mss make those decisions, that's fine. Because 1 know, somewhere along the way, I'm going to be asked to draft this. I just need to know exactly what I'm drafting, Because if we're deviating from the written proposal, that's fine. 1 just need to understand that. Mr. Brown: Well, let me just say that if we read -- it says. in addition to the seven C11' members selected by the -- it should have read selected tirom the community organization. So, we're not -- OK. Commissioner Sanchez: OK. Mr. Vilarello: And then that list changes, as the Commission deems appropriate, by ordinance or as the Civilian Investigative Panel deems appropriate at a future date? Because that's the Iasi sentence of that section. Mr. Brown: The intent is that that will be defined in the ordinance. Commissioner Sanchez: Mr. Brown, let's go to the next question. I get the idea how this is going about. How would the executive director be selected? Unidentified Speaker: ]'he committee. Commissioner Sanchez: Which committee`? They haven't even selected a committee. Commissioner Regalado: Well, we select a committee, not them. Mr. brown: Yes. The ordinance -- as the proposal here states that the C'IP shall hire its executive director. Commissioner Sanchez: When we appoint a... Vice Chainnan Gott: Right. Commissioner Sanchez: OK. Mr. Brown: You appoint the C1P, but the CIP then selects its executive director. Commissioner Sanchez: Exactly. OK. The other question. Would CIN issue recommendations to the Chief' of Police; or sanctions? Would you be making recommendations or would you be issuing sanctions'? Mr. Brown: I will let our -- one of our attorneys here, who has looked at the sanctions... Commissioner Sanchez: Because that's one of the concerns that I have. Ms. Me I~ Troy: Max is going to answer that. 497 July 19, 2001 0 • Mr. Ramcau: If you look in the most recent document, it said that the CIP will -- this is... Commissioner Sanchea: Which number is that? Mr. Ramcau: Section 3, item I, Disciplinary Rules. The CIP shall have the authority to investigate the behavior of sworn officers. The CIE' shall have the authority to direct the appropriate City of Miami official or administrator to sanction a sworn officer for misconduct up to and including iemlination of employment. Commissioner Sanchez: Direct -- what that -- well, there's a bib difference between direct and recommendation. Mr. Rameau: That's correct. Commissioner Sanchez: So, you'll be directing? Mr. Ramcau: That's right. Will not be a recommendation. Commissioner Winton: Commissioncr Sancho? Commissioner Sanchez: 1 would yield, but 1 expect this... Commissioner Winton: Could 1 ask you a question? And it goes back to a point that Commissioner Teele made earlier and I think that -- and maybe i misunderstood what Commissioner Tecle said, but I thought what he said is that this whole issue regarding sanctions and the make-up of the board and all that stuff is going to be dealt with in an ordinance -- in the ordinance that will come after the referendum passes or fails. Because the referendum issue -- there would be two, as I understood it -- the issue on the referendum would be one of establishing this panel and the second would be subpoena powers for the panel, but all of the things that the panel docs, I thought I understood Commissioner Tecle to say, was going to be subject to future debate that would he part of an ordinance that would have to be passed, following the — obviously, that would follow a successful referendum. Commissioner Sanchez: But, Johnny, what I'm trying to do here is clear out as much as we can because I have some concerns with this. First of all, I think that if one of the powers that the Chief of Polio has is the power to discipline his men in the force. if you were to take that away from the Chief -- and once again, I want to make it very clear... Commissioner ,reele: Men and women. Commissioner Sanchez: Men and women. Thank you for the correction. Once again, f want to hay that no other, no other panel throughout the United States has that power. Mr. Rameau: OK. Just to clarify. 498 July 19, 2001 Commissioner S31lClle7: And that's a... Mr. Ranleau: Just to clarify. This would not take away any power whatsoever from the Chief. Commissioner Sanchez: You would he directing him to make (f AUDiBLE). Mr. Ramcau: The Chiel'still has the right to make his own decisions, except... Commissioner Sanchez: Then it shouldn't be directed. It should be a recommendation. Mr. Ranleau: No. Then the recommendations are not the same essentially. What I'm saying is that this doesn't take away power from the Chief. The Chief -- Internal Affuirs can still, and through the Chief, go through its investigation and find an officer guilty of wrongdoing and, therefore, sanction, whichever way the department feels appropriate. The problem is, that's not happening, and that's why the community needs to have a mechanism by which it can direct which officer should and should not he on the street. Commissioner Sanchez: OK. And the other" one -- my last question, in conclusion, the budget for file CIP. What are we looking at, budget wise, even -- you know, we find ourselves in a situation where you should have been here at 3:00, where we have basically directed the City Manager to go back and cut sonic more because we're pretty tight oil money. How much arc we looking, in ballpark figures, to fund the CIP? Mr. Simon: In my remarks on budget, we specifically did not want to put a dollar figure on this because it's premature and file reason it's premature is that we don't know what functions are going to be assigned to the Civilian investigative Panel until a referendum takes place. Once You know what the functions are, then you know how much staff is needed and it will he a Commission decision, but it's premature. All I tried to do in my presentation is to give you a rough idea. For example, looking at Minneapolis, which has an Independent Civilian Review Board with 800 sworn officers, about 300 fewer than the City of Miami, and based on that, they have a budget of four hundred and fifty thousand dollars ($450,00(1) in file last budget year. Commissioner Teele: How much'? Mr. Simon: About four hundred and fifty thousand. But that is entirely premature to ask that question because we don't know how many functions you will he giving the CIP by putting something on the hallot. Commissioner Sanchez: OK. And the other would he the referendum, which will require 45 words. You know, that's something -- what language are you going to put on that re fcrendum? Mr. Ranleau: The 75 words that i -- from what 1 understand, the City Attorney will handle that, 499 July 19, 2001 Commissioner Regalado: We do. We do, not them. Commissioner Sanchez: Yeah, we will do it. But. 1 mean, we've got to have some guidance on how they want to do it. Mr. Rameau: We understood the City Attorney would be handling ... Commissioner Sanchez: Would draft the referendum? Mr. Rameau Drafting 75 -- we have not drafted the 75 -word question, if that's what you're asking about. Mr. Vilarello: Commissioner Sanchez, if it is the will of the City Commission tonight, you would pass a resolution this evening directing me to draft that language and bring it back to you. That would be the first step. Mr. Rameau: OK. Can I just say one more point about what your previous -- there are really two documents that we're talking about, the Charter, which is very broad and covers certain basic areas, subpoena power, and sanction power, as it's called, as well as the establishment of the panel. And there is -- all the details are going to be held in the ordinance, which the Commission would completely control at the point atter the referendum was approved, anti that would include the community organizations, which would snake appointments or nominations. The way those organizations are selected, and the way that body evolves is one of several other specific issues. C:otnmissioner Winton: Excuse ntc. You just said something that 1 didn't think I heard all night. You just -- I understand you to say that, included in the Charter question would be sanctioning power'' Commissioner Sanchez: See, I ... Mr. Rameau: Yeah. It's not the first time it was brought up. We had ... Commissioner Sanche7.: It is the first time I've heard it today and I continued to ask on sanctions ... Commissioner Winton: It's the first time I've -- 1 mean, maybe it was brought up, but I certainly didn't -- it went over the top of my head. Mr. Rameau: OK. We had a speaker who -- that was her entire presentation, was about the sanctioning powers. Commissioner Winton: But I understood that, but 1 never understood that issue to be pfu1 of the Charter. 500 July 19, 2001 Mr. Ranteau: It would have to he pats of the Charter, if l'nl not -- I guess you need to ask the City Attorney. Commissioner Winton: Well, it would only have to be a part ofthe Chatter if we agreed that it should be part of the Chatter then. So, we're going to have to debate that issue vigorously tonight then. Commissioner Sanchez: ('an I have the floor back? Commissioner Winton: Yes. I'm sorry. Commissioner Sanchez: Well. first of all, let me just stale that Pill not in opposition of a panel to oversee the Police Department. I think that the history of the City of Mianti Police Department, we've had a few had apples that have given a bad image to a great department that has done a lot of good for the community. I think that just about every person that .vent up there today said it very clear, that 99 percent of the police officers are good abiding citizens, work ]card, but there's that flew that tend to stretch the rubber hand as much as it goes, until it hreakes, anti those are the ones that we want to bet even. But I don't want to create an atmosphere \%here it's as against them, where you cast the net out to catch one and you end up catchin_e fig e or ten. I have it lot of concerns on this. And let Isle tell you. I wish that you would have structured it solidly before you cattle Ita-c today. There's a lot of' questions that I have pertaining to -- at least your part of it. One of the selection processes that 1 would like to see is. I want to keep politics out of it. I don't want to have an opportunity to appoint somebody. I think it should be done like the Health frust, where we select people from our community to sit on that panel. I want to keep politics as much as I can away front things -- that's always been my perspective of filings. "the one thing is that, without it doubt, the incidents that have happened here in our conttnunity has put the Police Department's public trust in question, same as credibility. Thai, I agree with you. I'm a former law enforcenlem officer. I did I 1 year's with the Florida Highway Patrol. 1 encourage each and every one of you to go to fallahassec and look at my file. Completely empty because I worked hard. 1 knew how to deal with people. I can tell you there's otic or two out there that have gotten in trouble because, yeah, people tend to -- there tends to be bad apples e% erywhere. There's bad doctors, bad attorneys, bad citizens in our community, and I Mate: to have a situation where -- you know, talking about subpoena powers or something. Thai's -- there are some issues that were brought -- fairness, Constitutionality, competence of who's going to sit on the board. Ont: of the things that I have great concern is -- and I stated it in the newspaper and I stater] it here -- it' we have a situation where we have two entities conducting an investigation, believe me, the chances of interfering all investigation and having somebody who messed up walk away will happen. Maybe have three or tour, it's even worst. So, those questions that i directed to both sides today, and I've listened to both sides Ott the issues of what they had to say. I did my research on this because I think it's a very sensitive issue for a community. I think the community wants to see more citizen participation in the process that exists. But we've got to be fair and if we do this poorly, in a poorly manner or we rush things, we're going to pay for it, We're going to pay for it if we make bad decisions because what you're going to have is, you're going to 501 .lulu 19, 2001 r��r�IIt0 0 • have good cops going; to work and they're not going; to he thinking about how to do their work. 'They're going to be thinking; how not to get in any trouble or even perceive as getting in any kind of trouble, and you're going to have a situation like Cincinnati. where crime increased because police officers were hasically looking the other way, and that's not the image we need to send to the community. I'm glad to see that sonic changes were made and modified and I received sonic of your new proposals. which I'm glad to sec that it has more representation from the community. This is a community issue and I support it. But I'vc looked at both sides and when it's all over; I am prepared to ask (INAUi)IBI.E') public hearing. I think my colleagues would like to impress their -- express their concerns. When it is all said and over. I would present a motion supporting one or the other, with amendments to one or the other. Thank you. Mr. Rameau: Can t say a response to that? As far as subpoena powcr, subpoena power exists in other cities, and there's not a rash of investigators falling; over each other. In those other cities where there's two agencies supposedly doing an investigation at the sank tinnc, that's first off. Secondly, it's vary important in this community, particularly in the context of the recent -- not only the Flian debauch, but then the two recent deaths at file hands of police in this City of Miami and two more in other locals, that when file -- when all investigating; body says that the police were not responsible for this death, that there's sonic degree of credibility to that statement, and the way the credibility conics, a couple of things. Of course, there has to be a credible organization. But there also cannot lie the conflict of interest, which is inherent in any time that a Police Department investigates a Police Department's misconduct, complaint. And that's the -- so there has to be -- and the independent body cannot do its work if it does nut have subpoena power, because then it doesn't have access -- full access to the facts. This already exists. This is not something new, It already exists and it works in other cities. And if it's not included, then it won't be credible and people won't buy into it, and the sank problems will continue. Commissioner Sanchez: Let ole just elaborate a little bit on the subpoena power. The 25 cities that you stated, did most of them have subpoena power? You know why they have subpoena power? Mr. Ranneau: Six have subpoena power. Commissioner Sanchez: Six. Do you know why those six have subpoena powers? Most of those six and most of the 26 don't have public records laws, so they depend on the subpoena powers. Florida is one of the most lihcral states for public records law. You could walk in my office and you could have your best shot at any record you want and you could walk in any Commissioner's office ur the City administration or any public records, City Clerk, and get the documents you want. That's just to rebuttal your -- yes, nla'alll, Mr. Baker: If I rnay? Ms. Baker. Just to add a point there. Commissioner, yes and no. First of all, there are certain exemptions and exceptions to is the Sunshine Law so that we don't get the record sonic times when we want thein, and it's certainly unclear that the 502 July 19, 2001 1I0I1z[:31F CIP could function effectively just using the public records law, but more importantly, that doesn't liclp with wiutcss statements. One of the functions we talked about that subpoena is needed for is even to bring your civilians in, your civilians who may be scared or unwilling to state what they saw as witnesses, and subpoena power is needed to bring your other ofiiccrs in who have -- who themselves are not accused, but are behind that wall of silence. So there are functions -- even if our Sunshine Law or public records law gives access to some documents that other cities don't have -- sand you certainly may be right, and 1 think it's an excellent point -- it doesn't answer the full range of need that a subpoena answers. So, I think while -- you know, we stand in a somewhat different position in Florida, we still vert' much stand in need ofthat power for our CIP. Commissioner Sanchez: Ms. Baker, I did research on the Internet: I contacted cities that had similar panel words; 1 contacted Nicole, which provided me with excellent information. As a matter of fact, they have it great training process, mandatory training process, which every board selected today, 1 would encourage that they go through those training; standards and... Mr. Baker: Great Idea. Commissioner Sanchez: So, that's -- you know. I've done my homework on the issue and 1 am concerned at the way it was structured. I think it could be structured better. I think that (here are a lot of questions that you could have been more prepared for, sonic of those. You did an excellent job. Mr. Baker: Well, we certainly can always improve, as I think illy colleague, Ms. Rodriguez-Taseff said. And, you know, if you can point out areas that we should do further research, then we're delighted to do it and then to work with the City Attorney. Commissioner Sanchez: Listen, one thing that 1 like is that you have Whistle Blower Protection. The Blue Ribbon Committee does not have Whistle Blower Protection and 1 will encourage, whichever way it goes, to encourage thent because that would put obstacles in front of, you know, investigations or people coming forward to step on other workers' misconduct. So, you know, hey, listen, both proposals aren't perfect. Both proposals will accomplish what it sets out, but I think one of there is more professionally prepared than the other, Mr. Baker: Well, let nie just say this. In a short remark that several have made, but I think really bears repealing, what needs to be decided in order to put a referendum on the ballot is that there will be a CIP and that it will have subpoena and sanctioning power. If that is decided, then the details need to be worked out carefully. You've raised questions; the City Attorney has raised questions. We certainly tried to answer those questions on our feet, but we are open to discussing those details and, certainly, ultimately, we are not the legislative body. Ultimately, you are the legislative hody that would enact the ordinance that would detail those inatters, and we hope to have input through a -- you know, through a lobbying process, hut, ultimately, you will lie in control of those details, hopefully, with input from us. But the Charter issue can be looked at more globally. The 503 .Tule 19, 2001 \J • details do not have to be resolved to agree that there trust be subpoena power. Commissioner Sanchez: But they must be clearly stated on the referendum because the voters are going to vote on that, and if you're going to tell the voters that you're going to have subpoena power and you're going to have the power for discipline, that needs to he stated on the referendum. Mr. Baker: 1'es, but it doesn't need -- but exactly how the subpoena power is going to work itself out doesn't need to be stated. What needs to be stated is a clear principal, a nd i actually believe the City Attorney ... Commissioner Sancho: You want subpoena power, you could have it. I think you're going to be wasting your time. That's just my opinion. Mr. Baker: Well, it won't be my time. It will he the time of the citizens who are appointed to the CUP, anti i hope they won't get to waste their time. Mayor C'arollo: Commissioner Gort Vice Chairntan Gort: Mi. Mayor, when i met with the group -- and I see you changed from the original draft you put together -- i think all of its in here want to see the CIP, but, at the same time, when we talked about it, we talked about our police going heyond the call of duty to bring crime down and to work within our community, and I think -- I don't want this to he an anti police. I mentioned it from the beginning. i think we have a lot of good police officers that are doing a lot of good work in our Parks Departments through PAL (Police Athletic League). We've got a lot of the kids off the street. There's a lot of crime prevention that's taking place. We have been able to make a lot of arrests because of the participation from the citizens itself. Now, on this one, I think we have to be very specific because when you take this to the voters, my experience in the past, any time you take anything to the voters and they have any doubts, they'll vote no. Now, we all want this to happen. So, to make sure that it happens, when we draft this, we have to make sure that we work as a team, we all come together, we should all have done some of that already, but we need to continue to do that so you have the support of everyone. If you don't have the support of everyone, this will not pass, and I can tell you that. And I'm not an expert in politics, but I think I knout, a little bit about it. And the public does not have specific details, and we have a plan that's agreed by everyone, it will be difficult to be passed. So, if we can set up some criteria before and we know what we're doing and the people know what's going to happen, it's going to be very important. Mr. Baker: I actually think we're in accord on that, and 1 think, judging from the people who have come out tonight, there is going to be widespread community support for this. I agree with you, the concept has to be stated very clearly. We are going to rely on the City Attorney draiting skills and experience in this regard. None of us have had the experience of drafting a referendum. We understand it's it very specialized skill, and we want to participate in assisting in that process. 504 July 19, 2001 0 • Mr. Martinet: Mr. Mayor, if I may say... Mayor Carollo: Be careful. The last one they drafted got thrown out of court. Mr. Baker: Well, you might have to guide us to who we should look to for consultation in this regard. Mayor Carollo: Excuse me. Commissioner Regalado, you want to make a statement? Commissioner Regalado: Yes. Thank you, Mr. Mayor. I have here a memo from the Manager, which I was very happy to get two or three days ago, confirming that the surplus of my of7ice budget had already been transferred to the Miami Police Department for special operations in Flagami. i just mentioned that because I think -- 1 was told that this is the first time -- and thank you to -- thanks to the City Commission that allowed me to do that. Ifl. look into the records, I will find what i know. l have always, always, in these five years and a half, voted for the Police Department in this City Coimuission, but 1 think that it's important that we leave here tonight with a clear message to the community, and the issue is not about subpoena powers or who's going to sit on the board and how, but it's about credibility of' the Miami Police llcpartment. The City Commission and the Mayor, we all have an obligation to look at the big picture in the City. Yesterday's New fork Tin (-.e -- it's a long article about the Police Department. We have seen that the Police Department of the City of Miami. Miami's finest is under siege by the press, and that creates a public opinion that is very adverse to the Miami Police Department. It's very disappointing because the Police Department has been able to reduce crime; has done a lot in comlutuiity policing; has created many programs to help the youth; has fixed all the wrong things that were happening, but the problem is: the time is running out and the people of Miami cannot wait two or three years for Raul or whoever is there to show to the world that we have, as we hope we do, the hest Police Department. So, this is not about the powers of the committee. This is about trying to bring buck the image that tide Miaini Police Department had some time, where residents, not only from the City, but throughout South Florida look at the Miami Police Department as a force that would he the best for the interest and the safety of the residents. 1 think that we should decide tonight that we should send a clear message to the community, that we are responsible, as your elected officials, fbr the actions of all the government, and we are responsible for the actions of the Police Department and we're willing, to Bice the criticism and to see that the right thing is done whenever there is a situation. Having said that, I am ready to support this kind of panel, with subpoena power. I don't think that there will he a problem with the budget because the Office of Professional Compliance has a projected budget now of four hundred thousand dollars ($400,000.00) for next year's budget. My only concern has been already expressed by Commissioners Sanchez and Gort, is that we need to know the will of this group of people to be more open, to let the people participate because up to now, you deal with this issue as your committee and it's not your committee. It's Miami's committee. it's everybody's committee. (APPLAUSE) IIIIIEM- 111 505 July 19, 2001 Commissioner Regalado: And let me tell you. I am willing to vote for subpoena powers because that's the message that will bring back the credibility of the community in terns of what the government needs to do and wants to do for the people and to police the Police Department, to make the Police Department the best Police Department that there is. But 1 am also telling you, you need to demonstrate to the rest of the community that you are not exclusive; that this is not a Black thing; that this is that this committee -- that you are not going to come up with all these groups, you know, from a certain community to load the committee because if we don't know that before the November 6th election, I guarantee you that 1 will personally campaign against this issue on the ballot because it's either ('or everyone or for no one. And I'm willing to support anything that my colleagues will present in terms of this panel, with the subpoena power, but I'm telling you that 1 think that we should, maybe in the next meeting, maybe in the next week or two. 1 don't know, to resolve all these issues because I have -- 1 think that we need to let the people know that everybody will be represented in this committee. Mayor C'arollo: OK. All right. Thank you. Chief, you want to snake a final statement? Mr. Martinet: Yes, sir. Commissioner Regalado, I'm going to have to respectfully disagree with you on some of the issues you said. I still think we are the best Police Department in the United States, notwithstanding it couple cases that have happened in the past few months. The reason we're under siege is hecause cases of 1995, 1996 and '97, I've said it's enough. Let's close the book on those cases. They've been sitting around, sniffing around, and i've said let's -- wherever it leads, however negative publicity it is -- it's like if you have cancer, until you bo and have surgery and have that tumor removed, you're still going to hurl and you're going to go through it. So, 1 mean -- so, that's the reason we're under siege. Commissioner Regalado: It's called -- Chief; it's called shock therapy. 1 know that the Mayor ... Mr. Martinez: Well -- but -- we have to bo through it. But let me say a couple things. The committee has been, you know -- and l respect the people that have worked real hard on this group, but they're dancing around the issue of sanctioning power. If this Commission is going to approve the power to sanction, put it on the record that they're going to have the power to fire police officers. So, the citizens when they vote, they're going to say well, I'm voting for this -- the committee -- whatever the committee is, well intended citizens -- you know, they're going to be able to fire a police officer, not we'll worry about it later. They issue subpoena power. The attorney said, well, we needed to subpoena witnesses. If it's going to be to subpoena witnesses, say it on the record or say subpoena police officer. Let's not leave this to interpretation by either cops who are going to think about it one way or citizens who are going to think about it one way. I think we owe it to all groups to be very clear of what this is going to do, instead of having each and every person come tip with their own idea and having of thein being disappotntcd. Don't forget something, too. This Commission has approved the Latin Grammys; this Commission is going to approve, more than likely, the WEF, and as we 506 July 19, 2001 • 0 speak today, there's 15,000 policemen in Italy fighting the same groups that are going to come here, should we host a WEF Conference in the near future that we're talking about here. And we're putting our police officers in the front line to have the videotape, to have the village club, the officers overreact; the officer does something wrong; the gas throwing, and you're putting those cops in that line to safeguard performers; to safeguard people who are going to talk about world trade, rightfully so, but we're putting them in that position and let's not put them in that position if we're not going to back them up when they make a mistake. Are they going to make a mistake? Yes. Should we lire the had ones? 1 will fire the had ones. 1 have fired the bad ones. But let's he real careful of the message that we send and be very careful when you put this to a referendum, whether it's October/November, because the ntessage is going to be vote anti police in November or October. That's what it's going to be sold. if you hit a cop, it you want to get -- even though I know that's not the intent. The intent is for that one percent or two percent or whatever the number is, but the message is going to be out there with a cop saying, they're after me because the bad cops knows we're after them already. It's my job, our job to get them and get them out of here. But the message with the other thousand cops -- and there are articles that came out in Cincinnati; there's an article that came out in Seattle after the incidents. 'there's milling and driving. That is the term thc)?re using. And our cops are not because the crime in the City, for this year -- for the first six months is down 12 percent. So, they're still going out there putting had guys in jail, working with kids; working with community So, they're not smiling and driving, even with all the negatives, even with all the articles, even with all the things that (INAUDIBLE). They're going out there on a nightly basis risking their life and trying their best. A couple are not, and I grant that. So, let's be either very clear what this Commission is going to approve so I can go to roll call and tell the cops, "this is what the Commission has approved and this is what people are going to vote." Or they can bo to their community and say, this is what they're approving. Let's be real clear what is going to happen here, instead of they conic out with one picture and I conte out with a picture and the pictures don't match. Commissioner Sanchez: i would also like to see it cost, Mr. Bienvenido Comas: Ili. My name is Bienvenido Comas. I reside at 607 Northwest 7"' Street. And, .toe Carollo. You're awry good Mayor.. Mayor Carollo: I'm sorry. We had closed the public hearing. Mr. Comas: Wcll, this is in reference to the Chief. Mayor Carollo: Well, you can have -- we're letting them speak because they're representing an organization. Mr. Comas: OK. I just got off' of work. 1 ran down here. i mean, I understand. Mayor Carollo: Well, look, you weren't here -- let the be good to you. Give a minute. But please make it quick because we have to finish this, 507 July 19, 2001 Mr. Comas: )oil stated that cringe is down 12 percent. It's down 12 percent for the citizens, but what I'll realizing is that what is the percentage that is down for the police officers nowadays. You know, when I turn on the news and I see the violence that never been before that you see balance of seeing police officers committing crimes, and the same balance that's supposedly criminals committing crime, and you actually see one use of this and one use of this, when originally it should be just the subject to sub, and you actually see more police officers committing cringe than citizens, that kited of' scares you. Because nowadays, whirl you get pulled over by it police officer, you fear and you're basically playing the lottery, hoping that the police officer pulled you over is it professional police officer that woke up one day dreaming to protect and serve. which is something we're not having. Because this isn't an issue anymore about race or the Flian cast; and all that, bCCHURe 1 was there. I hes Issue pertains to human rights that are being violated all around the world, turd one of the main issues that is being brought up is to our back yard and it's something that's not being done. And you say it's only been issues in the past several months'' No. This issue has been going on t'or years. City of Miami police officers have problems for years and it's time that we stand up and something gets done about it. Mayor Carollo: Think you for your time, sir. Chief. Commissioner Teele: Mr. Mayor. Mayor Carollo: We need to bring this to it head. Commissioner Teele: Mr. Mayor, it's 9:50. 1 know that we've gone around this issue and discussed it. 1 think we're making it a little -- it's getting late and tempers bet short, as we fret later. So, I thing: we may begin to make this a little bit more complicated as to what we need to do tonight and I think, clearly, we need to send it signal or a clear statement to the community that has worked so hard to bring its to this point, but before we do that, Mr. Mavor, I want to, again, say to you that there were a number of meetings that were called. I think Chief Martinez, without really instructions or prodding, reulized that this community was at a very delicate and difficult point. lie reached out; in called in a very diverse -- very, very diverse group of people. There were over 75 to IN) people there. The Mayor was there, Commissioners came. I know that Commissioner Gort spent a lot of time there. Public people. The press was there. And there was speeches given and there was a lot of positioning, whole group oi' people rushed out halfway through the meeting; for the media call. Ms. Me l`lroy, you stayed right there. And there have been questions raised about, "well, how diel this group get together?" The group got together essentially because they were the people that stayed there. 'Thirty or forty people were there and near the end, when a lot of the people had left, there was a process that came from within the group and the process was that the group would respect Mayor Carollo and the Manager and the police Chief and file elected officials by allowing the process to work. A Blue Ribbon Committee had been appointed. You've heard from the Blue Rihbon Committee. We heard from them first tonight. Arid the group, I think in a statement of maturity said, look, rather than its rushing out doing something, let's give the Blue Ribbon Committee an opportunity -- lets give them -- and there was a lot of 508 July 19, 2001 mrOU:rero • 0 discussion. And wound up being 30 flays to have their meetings, to work through their process, and then the citizens group would respond to that. But the citizens group didn't stop there. What they said is, "we'll start right away and we'll start working." And they went off under the leadership an umbrella of Pi TI -SE (People United to Lead the Struggle for Equality), with all of the other organizations in a true rainbow coalition. The NAACP, the ACLU, the -- many other organizations, religious and others. And so there was an open effort to keep everybody engaged in the process. Thirty days later nothing happened. About 40 days later a report began to emerge Front the Blue Ribbon Committee, and. again. the citizens committee said. "look, we're di:,appointcd we don't have a full repoll, bnt we're willing to lake you at your face -- at Face value because %%e're working flu-ough this as it process." And, so, eventually, the lllue Ribbon Committee made their recommendations, and the Citizens Pancl made their recommendations, and that's sort of where we are, They didn't start tonight and it didn't start a week ago or a month ago. This process started, in earnest, almost 90 days ago. There has been an honest dialogue. 1 want to say two quick things. 'file POP (Fraternal Order of Police) that has spoken here tonight -- and their President Al Cotcra -- and closely monitored by the I'BA -- and they have not said it word vet, but Jolut Rivera and the entire leadership of* the PBA are sitting herr hecause they, too, have been extremely concerned about this. And John has been here from the beginning of this meeting, at 6 o'clock tonight, and this is 1101 a County issue per se. This i:c it City issue. But everyone has .joined sort of at the hip, if you will, in concern about this. We're not going to make everybody happy tonight. But the fact of the nlalter is, is that we have all agreed -- and I think the Chief agrees, as Commissioner Regalado and the Mayor have agreed -- that what we have is a problem of public perception and confidence. I do not believe that the subpoena power is the panacea. 1 want to go it step further and say this, because it hasn't really been said tonight, and 1 know that Commissioner Regalado and others have talked about this. 1 think we're really focused on the important issue tonigla. 'rhe A'eiv York % roes. There was it lead -- one of the lead stories, front -paste stories in yesterday's New York Thies was "What's going on in Mianli?" But if this panel is created, this must not he a police panel. This must be it broader panel than police. Because I'm going to go one step further -- and know Frank Rollason and the folks are not going to like this very much over in the NET (Neighborhood hnhancenunt Team) process that I strongly support, and it's the one area that 1 think is under funded in the City. "there is more potential for abuse of power within the NET process and the inspectors than there is really in the Police Department. But let me say this. No NET person is going to kill anybody. And there have been eloquent statements made tonight about people whose lives and the roll call, it' you will, was sounded, of people who should be here today, who have literally been executed for no, other reason than they were at the wrong place at the wrong time with a police officer who, perhaps, was just a little too anxious to use deadly force. And, so, Mr. Mayor, if' You will allow me, what 1 would like to do, for the put -pose of formulating a discussion, is to go very carefully and very slowly and propose two things tonight: Number one, no ordinance. Number one, no ordinance. What i would like to propose is that the City Attorney, working in concert with the citizens group that has come liere tonight, under the leadership of the Chairman of PULSE and other organizations, including the I'OI' and the PRA, that the City Attorney prepare language for placement on the ballot, the creation and the establishment of it Civilian Independent Panel made up of civilians nominated by 509 July 19, 2001 the public, and approved by the Commission; and that the panel shall consist of blank number of members, blank number of members. We're going to ask the PBA, the FOP, the State's Attorney, the PULSL-', the ACLU, the Brothers of the Same Mind, Allapattah, I lomeowner's Association, and the public... Commissioner Sanchez. Gay rights groups, environmentalist and everyone ... Commissioner Teele: We're going to ask that the attorney work with everyone in determining how many members so, let's say blank members; however, the panel will be staffed with a professional staff and an annual budget and shall have subpoena powers that may only be used in ccrosultation with the State Attorney's of Dade County's Office. Now, the one thing that I've heard tonight is this: We need subpoena powers for it to be real, but we need to make sure that we don't have an accidental use of subpoena power that really steps not on the internal affairs. That's not the issue. But the Issue is, letting someone off the hook that's about to be criminally prosecuted, and that's something we've all said we don't want. 1 would propose this as a starting point. I would hope, at least, that some of the members of (lie Citizens Panel can accept it as a starting point. Max, not you because i know -- please, don't }'ou collie to the mike. But Ms. Me Firoy, if I could hear from the PULSE representative, the ACLU, and then Brothers of the Sante Mind -- Max, 1 don't want you to take this in a totally different direction. If that would be something acceptable for the purpose of starting. We're: talking about it resolution instructing the City Attorney to drall ballot language in consultation with the citizens group, as well as with the FOP, the PBA, and -- Vice Chairman Gort: SALAD (Spanish American league Against Discrimination). Commissioner'] cele: -- SALAD and the State Attorney's Office. It would be a panel of civilians niade up of blank number of members. it would have a professional staff and an annual budget and have: subpoena powers that may only be used in consultation with the State Attorney's Office. That doesn't say that the State Attorney's Office is going to issue it. It says that you've got to confer with them bcliire you do issue it, and I think that's a very important caveat to put out hero. The ballot language would not have what lire budget is. It would not have who the staff is, normally. And, so, I'm opening this as a broad parameter that will, perhaps, move us to a point where we could have a more thoughtful discussion haled upon this. And Ms. Me Elroy, I would really appreciate if you could just conmrent on that. Ms. Me Elroy: Well, based upon... Commissioner Regalado: If.1 -- if you yield just one second. To be fair with the Chief and with the people. This we're doing tonight, which i will support, it's only about the intent to create this committee or to put it on the ballot and the subpoena power. The subpoena power -- 1 just want to he very clear ort that -- does not include or means that it goes along the sanctions power. Commissioner Tecle: 1 didn't include the word sanctioning in this. 51 U July 19, 2001 �7m�rrt>. Commissioner Sanchez: Well... Commissioner Regalado: OK. Because I will not support the sanction power within that. I think that that is up to the Chief. It's like the Civil Service Board that we have and it's very, you know, respected. They hear cases; they decide, and then it's up to the City Manager whether he or she wants to follow. So, I am willing to support, Commissioner, what you're saying. I'm ready, but I do have a problem with the sanction power. Commissioner Sanchez: Mr. Chairman -- Mayor. Mayor Carollo: Go ahead. Commissioner Sanchci: Commissioner Teele, I also have a problem. This resolution lacks detail. I'm not comfortable with so many blanks. blank staff, blank budget. I'm not comfortable with it. if you want to add more details to it, I would support it, but as it is right now, I'm prepared to vote nay. Commissioner Teele: Well. I'm not going to add anything in the Charter of the City that will specify what the staff is or what the budget is. That would tie the hands of this Commission and succeeding Commissions, and i do think we have to agree on the number of people in the Charier so that we can at least lie able to put together what an orderly process is, but merely or simply stating that it will have a professional staff and an annual budget merely gives to the Commission the authority to debate that issue and to iron that out, and we don't want to -- I mean, I'm not prepared to give to the public the ability to start setting salaries and budgets for departments and individuals. That would really wind up being a run away train. So, that's as far as I want to go. I really want to bel ,your support but, obviously, if there are some iunendinents that you'd like to make, 1 would en(ertain them, but I'd like to hear from the -- because if the citizens group can't support something along this line, then we probably are going to have to stall all over. Mayor Carollo: But before you do, Conunissioner, basically what you're doing is, you're setting a resolution, some guidelines that we're going to be able to bring back and work out and more if we need to. Commissioner Teele: Well, was there it second to the motion? Commissioner Sanchez: No, there wasn't. Commissioner Regalado: Second. 1 second the motion. Mayor Carollo: 'rhere's a motion that's been duly seconded. Commissioner Sanchez: Well... Convnissioner Tecic: Bess, could you... $19111tD: 511 July 19, 2001 Mayor Carollo: Any further discussion: Commissioner Sanchez: Discussion. Commissioner Teele: I would ,just like to ask, before we have the discussion, is there some -- a framework that can be acceptable to ,you at this time? Ms. Mc Elroy: May we, respectfully request about two minutes just to -- it's kind of difficult. Just give us about two minules, phase. Commissioner I cele: All right. Yes. Mayor Carollo: %Y'ell, while they're discussing it. It's obvious that the best that we're going to be getting out of here tonight is to establish somewhat a framework that we could work further on, to instruct the City Attorney to work on ballot language, whether that framework -- and this is going to have to come back befiire we approve the ballot language -- and further work on some of the details. But at least there is a framework that you're presenting, C ontmissionrr Teele. I compliment you for that. I think that, at least, we're moving something forward; that it's not going to please everybody, but it's a median ground. Commissioner Teele: Mr. Mayor, thunk you. This rare moment of us complimenting each other is getting to he too much. Vice Chairnian Gort: I'm getting teary eyed. Commissioner'] cele: It must be getting, late. But, Mr. '.Mayor, i'll take it any way you'll give it. I would like to say one thing about the Manager's recommendation of the Office of Professional Compliance that it's not -- that we really didn't get to - that's something Ms. Ayers talked about. 'there is a lot of good information in here and I really think we should make this available to the public because one of the issues, I think, that is going to be the most difficult and most troubling, if we can get a consensus on this as a composition, and I do think that they have done a lot of analysis and done a lot of looking and I do think that the Office of Professional Compliance should he carefully considered, if this resolution passes, Mr. Manager, in a way that it can be integrated and made a part of. The concern that 1 have about the Office of Professional Compliance, as currently constituted, is that it's really about the Police Department, and it's very clear that that's what it is. I really think we need to have a citizens panel that is not a police oversight but has oversight over sworn officers, sworn people, and as i've said repeatedly, I think the activity of this panel, if it is convenient, is going to be far more in the arta of NUT (Neighhorhood Enhancement Teatm) and Code compliance issues than in the area of police issues. Mr. Carlos Gimenez (City Manager): Commissioner, the recommendations is outlined in that document can -- the reactive side will lead its on to any Civilian Review Panel that 512 July 19, 2001 • you create. Our fbcns, though, is to increase the preventive side. Commissioner Teele: Right. Mr. Gimenez: So that we don't -- we keep chasing this horse that's already lcR the barn. What we want to do is, we want to keep the horse in the barn. We want to change the, policies and procedures that cause problems and basically cost this City a lot of money. There is more than thirty million dollars ($30,000,000) that we paid out in the last I0 years on various issues, either police, tort, auto, and general liability from the Police Department. We want to reduce those costs and we need to invest in the preventive side. Also, the Office Of Professional Compliance will be reporting to the City Manager. Doesn't report to the Police Chief. We're also going to be taking them out of the policy: building and putting them somewhere apart from them so that they can go ahead and du the preventive work that they need. The panel that we talked about in there is just a panel of professionals that can help us in looking at those policies and procedures that have caused us sante problems, look at sonic red flags in terms of officers, and then make recommendations to change the policies and procedures to reduce the costs and reduce: the number of these incidents. [lie one final thing I'd like to say is this: is that -- you know, I fully support Chief Martinez and what he's been trying to do in the Police Department. I would remind everybody that the Chief instituted that Blue Ribbon Committee over a month prior to any of these incidents happening, so, in essence, he: was proactive in his approach, and lie's been in office for about year and he's starting to tum the ship around a little bit. There are -- the vast majority of the officers there are good. ile's Irving his best to make sure that lie weeds out those bad officers and I fully support his efforts in that. Mayor Carollo: We all do. Vice Chairman Gort• 1 don't think we said anything different from that. Commissioner Winton: Well -- but the Chief probably has some perception that we're saying something different than that. Commissioner Regalado: No, we're not. Coin ntissioner Winton: Excuse me. I think 1 have the floor. Commissioner Regalado: I know. But we're not. I didn't say that. Commissioner Winton: Thank you, I know we're not. That's the point I'm about to make. But if I'm the Chief and I'm a real proud, strong man who's making a commitment to create the hest police force in this country -- lie already thinks we have the best one -- but it's clear his mission is to make it the best even if it isn't. Then his -- this is tough on the pride factor of a proud senior management level person in the City. But I'm going to support this motion, Chief, not ('or sanctioning because I'm opposed to the sanctioning part, and I'll tell you why I'tn supporting it, and it doesn't have anything to do with -- and 513 July 19, 2001 I think you have done, frankly, an outstanding job since you got there. But like all of us with lots of things, we all, at some point, are thrust into positions where we have to pay a penalty for the actions committed prior to our arrival. We, as Commissioners, have had to go through all kinds of tortuous moves in stabili7inb the finances of this City and we had absolutely nothing to do with any of the moves that were taken by prior mayors, prior managers, that virtually -- that nearly destroyed our City. So, what's happening today in this community, as I see it, is that we are at it crucial juncture in our coni nunity where there is a lot of tension out there, and that tension frankly has been created, in large part, by actions taken by others prior to your arrival as the Chief of Police. And those perceptions have created a very, very tender kind of situation, where there is concern on the part of a large segment of our community that there are serious problems within the Police Department. And, so, our role, as elected officials, is to take -- excuse nle. Could we have no discussion in -- Mr. Chairman'' Mayor Carollo: I think they heard you. Commissioner Winton: Thank you. Lost my train of thought. There is certainly a segment of this community's population: that feels that there have been serious abuses on the part of the Police Department, and, [rankly, there have been abuses on the part of the Police Department that you're very, very intensely Ibcused on solving. However, us an elected official, I can sense and feel the frustration un the part of the segment of our community that has those feelings, and I lecl that a properly created Independent Review Panel -- and it's our job to make sure that this thing gets put together and managed properly -- but properly constituted, 1 think we can create an asset to our community and to our entire police force that could be on adjunct to all the things that you're trying to do right now, and my vote is going that way because that's the way I really see this. I see this as an asset and [lot as sonuahrng that's it negative towards you, nor is it a negative towards the 98 percent of the really good officers out there, but simply an adjunct to the job that you're trying to get done, and that's the reason I'm supporting it. And I would say one last thing, and [hat's about -- I think that something frankly remarkable has happened in here tonight because Pvc been in this community since 1980 and t got here in March, Just before the McDuftie situation, the riots, and Marie[ and all those things, and i said in this Commission chamber during Ehan, this is the first tinge where I've witnessed an exchange between the public sector, the broad public sector, the administration, the Commission, staff where all the voices have been rational, measured voices. There are no little voices in here tonight. There's been measured response. There have been fair and vigorous debates, but there has been no attacking one group over the other because I happen to disagree with a particular point. That's -- maybe on such a sensitive issue, maybe the first time since I've been in Miami, where I've seen that kind of dialogue. And, so, frankly, 1'tn hugely encouraged by what's happened here tonight on all sides of this thing, and I think, if we do this right, we can create something that can make our City better, Chief, and this is not directed towards you, nor your officers that are good. Mr. Martinez: Mr. Mayor, may I respond, please' Mayor Carollo: Of course. 514 July 19, 2001 Mr. Martinez: Commissioner, 1 think Commissioner Teele coined this term "we walk in the shoes of our predecessors" and I walk in the shoes of nmy predecessors, and I accept that responsibility. 1 don't have a proud bone in my body, and i'll do whatever I've got to do for me to take the heat before any of my officers take the heat. That's my job. It's my responsibility. 1'll do whatever I've got to do to make sure that I don't make the otrtcers' job more perilous to them because it's perilous enough already, you know. If I've got to do that anti suffer that, i'll suffer that consequence. But what concerns ntc are a couple of things. This proposal that you're going to vote on, they've been gathering on, is basically four organizations that are doing this. Not representative of the whole City of Miami that are making this decision. And if there is going to he impacting in this whole City of Miami, we've got to make sure that there's somebody that has a better idea or wants more subpoena powers or wants less subpoena powers or wants to change the color of our unifbmis that's involved in this, and the -- because the verbal description of their proposal didn't match, in many times, what the proposal said, and that's why we made it a point to bring it back. But in line 2, it says this, so on and so forth. And all those people that have gotten up there and spoken about it, but I wonder how many of theta actually know what it actually saysY Now. you're going to put it in writing what they actually said, and they're going to agree -- l mean, is this grown that's going to put the final wording going to be representative of the whole community'.' If that's what the whole community wants, then, by God, let's do it. But let's make sure that the whole community is what they actually want. Vice Chainnan Gori: \- 4r. Mayor! .Mayor C'arollo: Commissioner. Vice Chairman Gort: Chief, I'm going to follow what Commissioner Winton stated here. And I think one of the things we tried to loot: into the City of Miami is finding those common denominators that can bring them all together. It's important for everybody to understand here -- because I've been a great supporter of the police and I'll always be it great supporter of the police, and I always state the job that the police is doing. But at the same time, this resolution, passed by Commissioner Teele, tells everyone you all arc going to sit down, all of us together, and we're going to work on this together. And if we don't agree, let me tell you what's going to happen: You're going to take it to the ballot and if you really do not have the input front everyone, including yourself. the FOP and the PBA, and all the organizations, it's not going to pass. it will not pass. So, it's very important that we all understand that we have to put it product that we all agree to, and if we don't, it's not going to pass. Commissioner Winton: i was curious why the P13A is included'? That's in the County. I mean, why isn't it just our FOP? I don't know 1'BA is in this thing'? Mayor C'arollo: Chief. Commissioner Sanchez: 1 don't think they want to be in it. They were just dragged in it. 515 July 19, 2001 Mayor Carollo: Raul, lot me say this. I work with you throughout this whole process and you have dealt with it in a very professional manner; have been very level headed; very even handed in the way you've gone about it. I've been more open in the process with the public than any Police Chief that we've had. I don't think I need to repeat that what you have, you've inherited. This is From the past, not now. At the same time, I understand how hard it is for you because you are the Police Chief and the buck stops with you. None of the issues that have been dealt with here, the resolution that's before this body, has anything to do with you, personally, and I want to compliment you in the way that you have defended your strong beliefs and the men and women at Miami Police Department, and they should know that. You've done an outstanding and honorable job in defending them and protecting thciu. Without all the show flare that otters in your position in the past have done it with, you've done it professionally to the point, and I think that that needed to have been said. At the same time, you made some statements that, I think this Commission needs to deal with them when this comes back, if this passes now, which it seems it's going to. When it comes back before this is finally put on the ballot, there are things that need to be cleared before the Commission finally approves and it goes to the ballot, and I think you're correct in that, that you can't leave so much in limbo, but at least we're taking the first step forward of'-- there are going to lie additional steps because the City Attorney is going to have to drab a ballot language, ballot language that would stand. But before we go on any further, let's hear to see if there is a general consensus from the community groups. Ms. Me laroy: Thank you, Mr. Mayor, Mr. Commissioner. Yes, there is a consensus among the community group and our consensus is that we do accept the proposal as stated by Commissioner Teele, which will include subpoena power, provided that it gives us a role to play in the disciplinary policy and policy review. Commissioner Sancltcz: Sanctions? Commissioner Winton: What docs that mean? Bess, what does that mean, that last part, a role to play`' Ms. Me Elroy: Make recommendations. Mayor Carollo: Recommendations or role to play. Well ... Commissioner Regalado: Yeali. Commissioner Teele: I don't have a problem with recommendations. Any... Mayor Carollo: 1 think that's something that can be dealt with as we proceed with this along. They're not asking for the sanction powers. They're asking for the right to give recommendations. Vice Chairnlan Gort: Subpoena power and... 516 July 19, 2001 0 • Commissioner Winton: They could make a recommendation -- Commissioner Tecle: To the Manager or ... Commissioner Winton: -- whether they want -- I mean, whether it's written in something or not. I mean, there's a freedom of -- they're free to make recommendations on anything, any time they want. I mean, that's always inherent in these whole kinds of things. So, even if we didn't formally put it in, that could make recommendations even if we didn't formally write it into something. Mayor C:arollo: Well, there is a motion that's been duly seconded. I called the question. Mr. Clerk, can you call the roll, please? (COMMENTS MADE DURING ROLL CALL) Commissioner Sanchez: No, sir. I can't and will not support a resolution thaCs filled with blanks. Vice Chairman Gort: My friend, this resolution, all it's doing is bringing all the parties together until they have to come up with an idea of the language that will be accepted by everyone. If that language does not come back that way, there is no way that this will pass on the ballot. Yes. Mr. Poeman: It passes four -one. Ms. Mc Elroy: Thank you, Mr. Mayor and Mr. Commissioners. Mayor Carollo: Thank you all very much for your time and effort. (APPLAUSE) 517 July 19, 2001 znam— L� • The following motion was introduced by Commissioner Teele, who moved its adoption. RESOLUTION NO. 01-725 A RESOLUTION OF THC MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE' CHAR'I'ER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION AT AN 1 -LECTION TO BE HELD ON NOVEMBER G, 2001, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO CREATE AND ESTABLISH A CIVILIAN INVESTIGATIVE PANEL, TO ACT AS AN INDEPENDENT CITIZENS OVERSIGHT PANEL TO CONDUCT INVESTIGATIONS, REVIEW SHOOTINGS AND EXCESSIV): FORCE. ALLEGATIONS, CRIMINAL INQUIRIES, ANI) EXIS'T'ING POLICY OF THE POLICE DEPARTMENT, TO BF: (A) COMPOSED OF A Ni1MtirR OF CIVILIAN MEMBERS TO BE DETERMINED WHO SHALL AE NOMINATED BY T'HF. PUBLIC ANT) APPROVED BY THE CITY COMMISSION; (B) STAFFED WITH PROFESSIONAL. PERSONNEL; (C) OPERATED ON AN ANNUAL APPROVED BUDGET; AND (D) AUTHORIZED WITH "SUBPOENA POWERS" THAT MAY ONLY BE USED IN "CONSULTATION" WITII THE STATE ATTORNEY OF MIAMI-DADI; COUNTY, SAID CHARTER AMENDMENT TO RE DRAFTED ONLY AFTER THE CITY AT I'O&NEY MEETS WITH THE FRATERNAL ORDER OF POLICE AND THE COMMUNITY AND CITIZENS' ORGANIZATIONS. Upon being seconded by Commissioner Rcgalado, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: Commissioner Joe Sanchez ABSENT: None. .518 July 19, 2001 84. AUTHORIZE EXCHANGE OF CITY -OWNED PROPERTY LOCATED AT 275 NORT14WEST 2 STREET, COMMONLY KNOWN AS "HICKMAN BUILDING", FOR :MIAMI-DADE COUNTY -OWNED PROPERTY LOCATED AT 405 NORTHWEST 3 AVENUE, COMMONLY KNOWN AS "DUST BOWL". (SEE NUMBER 87) Vice Chairntan Gort: We still have a few items left. I low many items are you willing to take? do have one pocket item that I need to take today, and I need to explain to you all. Commissioner Tecle: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: I'll recognize you for the pocket item. Vice Chairman Gort: As you all recall, one of the things that we're doing to try to improve the downtown area and bring people to downtown was the need for school. We at the DDA (Downtown Development Authority) has been working to create a Charter school. We had selected a land. It plays with the -- we need to deal with the Comity, and there's -- let's see. Somebody took my pocket item? Who took my pocket item? No, no. Wait a minute. I've bot it here. Wait a minute. No, it's not here. Somebody took it. I had it all here. Commissioner Winton: So moved. Vice Chairman Gort: Olga, would you like to read -- the pocket item is... Commissioner Regalado: Second. Vice Chairman Gort: is requesting -- we need to use the third goal. We need to exchange the -- it's a resolution of the City of Miami Commission authorizing exchange of City -owned property located approximately 275 Northwest 2nd Street, commonly known as the l lickman Building for the Miatni-Dade County -owned property, located approximately 405 northwest 2nd Avenue, Miami, Florida, commonly known as the Dust Bowl. Authorizing the City of Miami to execute such document in a form acceptable to the City Attorney that are necessary to consummate this -- such transaction. Commissioner') Bele: Moved by Commissioner Gort. Is there a second? Commissioner Xcgalado: Second. Commissioner Teele: By Commissioner Regalado. Is there objection? All those in favor signify by the sign of "aye " The Commission (Collectively): Aye. Commissioner Teele: Those opposed have the ... 519 July 19, 2001 Commissioner Sanchez: No. The following resolution was introduced by Vice Chairmwi Gori, who moved its adoption: RESOLUTION NO. 01-726 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THF EXCHANGE OF CITY -OWNED PROPERTY, LOCATED AT 275 NORTITWEST 2ND S'T'REET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "ATTACHMENT A", COMMONLY KNOWN AS TIIE "HICKMAN BIJILDTNG", FOR PROPERTY OWNFD BY MIAMI -DADS COUN'T'Y, LOCATED AT 405 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, AS MORE, PARTICULARLY DESCRIBED 1N "ATTACHMENT B", COMMONLY KNOWN AS TETE "DUST BOWL"; AUTHORIZING THE CI'T'Y MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, REQUIRED FOR SUCH TRANSACTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regatado, the resolution was passed and adopted by the following vote: AYI?S: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Johnny l.. Winton Commissioner Arthur E. Tcele, Jr. NAYS: Commissioner Joe Sanchez ABSENT: None. Note [gr theRecord: Commissioner Sanchez originally voted "no" during roll call, but later changed his vote to "yes." See section number 87. 520 July 19, 2001 0 • 85 AMEND RESOLUTION 01-604 BY (1) EXTENDING DEADLINE FOR SUBMISSION OF APPOINTMENT; (2) CHANGING TITLE OF APPOINTMENTS MADE BY "STATE SENATOR" TO APPOINTMENTS MADE BY "ELECTED FEDERAL AND STATE OFFICIALS", INCREASING NUMBER OF CO -CHAIRPERSONS; (3) INCREASING i NUMBER OF APPOINTMENTS MADE BY MANAGER, DEPARTMENT OF PARKS AND RECREATION. DEPARTMENT OF PLANNING AND ADDING NEW LINE ITEM WHICH WILL REPRESENT NEI' DIRECTOR OF LITTLE HAITI NET OFFICE, AND ADDING 'NEW LINE ITEM ADDING NEW APPOINTMENT OF CITY ARCHITECT AND (4) CORRECTING NAME FROM HAITIAN TASK FORCE TO HAITIAN AMERICAN GRASSROOTS COALITION AND (5) INCREASING NUMBER OF APPOINTMENTS MADE BY COMMUNITIES UNITED INCREASING TOTE NUMBER OF APPOINTMENTS TO LITTLE HAITI PARK WORKING GROUP TO NOT TO EXCEED 60 MEMBERS. Vice C'hairinan Gort:.Anv other business to -- Commissioner Tcele: Mr. ChainnanY Vice Chairman Gort: Yes. Commissioner Teele: I have two or three items. While the Asset Manager -- when are those Parking lots going out for bid or the -- Laura Billbetry (Director. Asset Management): The appraisals are supposed to be hack this %-.,cck and the invitation to hid is presently being reviewed by the Law Department. Commissioner Tecle: As an invitation to hid'? OK. Mr. Attorney -- Mr. Chairman, i would like to amend a resolution amending resolution 01-604 extending the deadline of submission of appointments from 'Thursday, July 13, 2001 to a new deadline of'Tuesday. July 24th, at five p.tm. Commissioners, you didn't make your appointments. Commissioner Winton: Appointment for what'' Commissioner Tecle: Change -- this is on the park in Little Haiti. Changing the title of the appointments to be made by the Senator to appointments made by elected Federal and State officials representing the area from 1 to 4; thereby increasing the number of co-chair from 4 to 7; increasing the numher of appointments made by the City Manager, Department of Parks and Rees, item line "C" from 1 to 2; increasing the same number of the department of planning from I to 2, and litrllier adding a new line item C-8, which will represent the NEI' (Neighborhood Enliancemcnt 'Team) Director, which is the NET director of Little Haiti, and adding a new item line, C-9, adding a new appointment, the City of'-- the architect of the City of Miami, which increases the appointments under item C from 11 to 15, and correcting the name of the line item "E-1" from the Haitian Task Force to the Haitian American Grass Roots Coalition, and increasing the number of appointments made by Community United, line "E-2 from 2 to 6, thereby increasing the number of appointments under line -- from 10 to 14, and increasing the total number not to exceed 60. Members, 1 would so move that, and it also provides that. 521 July 19, 2001 611161- BY, H Commissioners that have not made their appointntcnts are extended to do -- an opportunity to do so until "17hursday, July 28th, at 5 p.m. Commissioner Winton: Commissioner Teele? Commissioner Tecle: Yes. Commissioner Winton: I hate to he really --sound dumb, but I'm going to have to. I don't have - - I'm not sure I understood what you were just talking about at all. Cornmissioner Teele: We created, ahout a month ago, a task force in Little Haiti to just -- a citizens task force to study the need -- not ,just the need but to plan in terms of components for a park in Little Haiti. And this is the so-called parks complex. One of the things that you bet is, everybody tries to tell everybody what they want and nobody really sits around the table. So, it's a broad community process involving County -- and the idea is hopefully we'll get a neighborhood center out of it, or maybe even use: some of the library resources and try to put together a first-class as opposed to the City just going out doing a park, and that -- so that's all that docs, is adds more time and makes some adjustments. For example, the Parks Department was offered one appointment. They nominated two people. Rather than ask one not to, the Planning Department did the same thing. So, we're just increasing the number frons 1 to 2 in those cases. Commissioner Winton: Second the motion. Commissioner Teele: Yeah. Vice Chairman Gort: Moved and second. Any further discussion? All in favor state by saying „aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RE'SOLI!TION NO. 01-727 A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NUMBER 01-604, WHICH ESTABLISHED A WORKING GROUP TO DEVELOP A COMPREHENSIVE PLAN FOR A FIRST CLASS PARK COMPLEX TO BE LOCATED IN LITTLE HAITI, !MIAMI, FLORIDA, TO EXTEND THE DEADLINE FOR SUBMISSION OF APPOINTMFNTS FROM JULY 13, 2001 TO JULY 24, 2001, AND TO CHANGE THE NUMBER OF AND DESIGNATED INDIVIDUALS APPOINTED TO THE WORKING GROUP, AS MORF. PARTICULARLY SET FORTH HEREIN. 522 July 19, 2001 � a (Herd follows body of resolution, omitted here and on file in the Office of the City Clark,) Uooa being seconded by Commissioner Winton, the resolution was passed and adopted by tM ioltnwtttg -vote: AYES' Vice Chairman Wifredo Gari a, *s 'CbmMissioner Tomas Regalbdo a Commissioner Joe Sanchez "Cornmissiow Johnny L. Winton rrY+ rk commissioner Arthur E. Teale, Jr, -None, "`{`�nr�3•.e Y i;r ,sr3ia4*"f'a {' ' � � a • �'r'+ eft+.: r ` J Zi t * —1.1r,",, 4Y qk y L I +a t n .� V % .dt q t;+ t' y "max 5 '3 t� x�, {`v '�"i x ^ r5 df�er'w �t 523 July 19.2001 F-86. APPROVE CODESIGNATION OF JOE LANG KERSHAW ON NORTHWEST 14 STREET FROM MIAMI AVENUE TO NORTHWEST 2 AVENUE; GWEN CHERRY ON NORTHWEST 8 STREET FROM NORTHWEST MIAMI AVENUE TO NORTHWEST 5 AVENUE; MABLE DEAN BARLOW ON NORTHWEST 55 STREET FROM NORTHWEST 17 AVENUE TO NORTHWEST 19 AVENUE; STIPULATE THAT FUNDING FOR SAID CODESIGNATIONS, $1,006.32, COME FROM PUBLIC WORKS BUDGET. Commissioner Tccle: And, also, this is an item -- the Street Designation Committee approved the following street designation: Joe Lang Kershaw from 14th Street, loom Miami Avenuc to 2nd Avenue •- Vice Chairman (fort: There's a motion. Is therc a second? Commissioner Tecle: Gwen C'hen•y from Sth Street Northwest Miami Avenue to 5th Avenue, mid Mable Dean Barlow from Northwest 55th Street l7th Avenue to 19th Avenue, and the cost of these designations are one thousand six dollars and thirty-two cents ($1,006.32) and the funding has been projected in the Public Works budget. So moved. Commissioner Winton: Second. Vice Chairnian Ciort: Moved and second, Discussion? Being none, all in favor stute it by saying 10iiyc " The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-728 A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNAT ING NORTHWEST 14TH STREF1 FROM MIAMI AVENUE TO NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, AS "HONORABLE JOE LANG KERSHAW WAY," WITH ALL CITY COSTS FOR SAID DESIGNATION TO BE BORNE BY I HE CITY; FURTHLIt DIRECTING THE CITY MANAGER TO INSTRUCT TILE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY Ol- THIS RESOI.L'TION TO THE HEREIN DESIGNATED OFFICES. 524 July 19, 2001 #111nztay i • (Nero follows body of resolution, omitted hero and on file in the Office of the City Chic.) i[yi%y�lf�bdifig seconded by Commissioner Winton, the resolution was passed and a ►t #.� tlte� �9 S � .. �, - 1{7 �+ Al # •'M`eT`,�µ} .'% { iYBg. 'viae Chai man Wifredo Gort 4 �8 `Commissioner Tomas Regalado wsioner Joe Sanchez ttQ 25 ��fi ` �� Mmissioner JohnnyL. Winton,,"-,,,,-,,. comrnissioncr Arthur B. Tccka jr, "$ro`�`°.� �� ,�'� l�`t 'tp�Yfd4ac+"•i E+t f ' y �, I #2x��i',�+'a � � „C t s i •w. a;k��Xn �j �� �t's:'� 1¢ z� t '�'�. a •,; I v �. � `i a � i�, , m p° � a r y { n t b r t3 t s^ 8.7 •i ���, y�,.q Hta . Ml 'g t � f4 'Iax4�6 r c v� t sct'y, S° yrs kn..l r ft h . skt ,.`gk'`�$.�v+a,`+x'';'ry kRt`a+„�"al' pz€p� y i r;a�f ``�,''t tT „ �-+� s • . t r rC* 52 " July' 19, 2001 U8 THORIZE EXCHANGE OF `C:ITY.-OWNED PROPERTY ' LC�CA'l'E A'C `2?3' !'`&THWEST 2 STREET, ;CQMMONT:Y KNQWN A3 "HACKMAN Bi:7.Tj1" F4R:-D` FDE COLINTY-O'V1 AD7 PROPERTY : MA'T'ED AT 40— Nt�1R'I�I�Vfi9�' Ly KN AS ".DLJ$TS. 84). Commissioner Sanchez: Mr. City Clerk, l would like to retrack my "no" vote to a "yes" vote on Commissioner Gort's item, please. Commissioner Regalado: Question? Commissioner Winton: Too late. Commissioner Rogalado: Question for i'ub4WW9,A Vine Chairman Gort: Yes. th a `'arXTirE ?t .,ta'e$J$�`'Y 4�#`* ��4 'm'Fi� iS.Sk�uFCd } '' k i F Nj`i` 51 R" i.% / p. w.E' ,i h -}x,41. TE. 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The budget from my office will be paying tom whatever. What is the next step? When can we have the signs installed'? John Jackson (Acting Director, Public Works): John Jackson, Director, Public Works. The -- it's already been approved by the Commission, and the ad, the notice and everything. The next step is that the proper of the everyone will be notified, but you need to -- we will notify Miami - Dade County of what the avenues are, street signs will be made, but that cost will have to be paid to Dade County for those to be erected. Commissioner Regalado: Well, I'll take care of that with Dade County. Mr. Jackson: OK. That's the next step. That's what's next. Cummissioner Regalado: But can you do that -- I mean, can you request and -- Commissioners - - Mianti-Dade County Commissioner will do the waiver of the fees. Mr. Jackson: Yes, we will notify Dade County that it has been approved and what the street -- the avenues arc -- I think it's avenues in this case. And then it would need to be brought up by Dade County, as far as the costs of making the signs and installing them. Commissioner Regalado: You know how much are the signs? Four hundred something, I under Mr. Jackson: I don't have that with me at the moment. I can provide you with that, though. Yes. Commissioner Winton: Mayhc y'all could get together after Commission meeting. Get this thing (INAUDiBLE) Vice Chairman Gort: 1 have the same problem, too. So we're going to have to work on that too. Commissioner Reguladu: I thought that Willy said we have a lot of business to do here. 527 July 19, 2001 01610- E -W 89. DIRECT MANAGER TO SCHEDULE EXECUTIVE SESSION RELATED TO COLLECTIVE BARGAINING ISSUES FOR VARIOUS UNION GROUPS:(SEE 59). Vice Chairman Gari: Any other items? Commissioner Winton: Yes, we have one -- two items that were carried over from -- where the City Attorney suggested that we bring this up in our Commission meeting, and 1 think we've got a -- I want the Commission to make sure that they heard the same thing; I did. One was on directing the Manager to move forward with all due haste of getting the consultants hired to do the in-depth analysis of both Police and Fire Department and a third, if he so chooses, and I think what the answer was is that he is moving forward with all due haste and we don't aced to take any other action on that. is that what I heard? is that what we all heard, or do we need to take any other steps? Commissioner Teele: That's what I heard. Carlos Gimcnez (City Manager): Yes. One, you've already approved the one, so that process is already done. Waiting for the Police Department to come back with an RFP (Request for Proposal) and that process is already on the way and we'll expedite in (INAUDIBLE) as possible. Commissioner Winton: OK. Then the last thing that we do have to direct is to get an executive session for the Commission on the collective bargaining issues. Commissioner Teele: Second the motion. Vice Chairman Gort: Any further discussion'? Being none, all in favor state it by saying "aye." Commissioner Wotton: Wait, wait, wait. City Attorney has something. Alejandro Vilarello (City Attorney): Clarify. Vice Chairman Gort: Wait. Mr. Vilarello: It's a direction to the Manager to go ahead mid set up the executive session. Is it on each? Do you want a separate session for each bargaining unit or do you -- Commissioner Winton: No. Commissioner Regalado: No, no, no, no. All the... Commissioner Winton: One session. Mr. Vilarello: Thank you. 528 July 19, 2001 The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 01-729 A MOTION DIRECTING TILE CITY MANAGER TO SCHEDULE AN EXECUTIVE SESSION RELATED TO COLLECTIVE BARGAINING ISSUES FOR TI IF VARIOUS UNION GROUPS. Upon being seconded by Commissioner Tecle, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissionor Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Carlos Gimenez (City Manager): Mr. Chairman, how long do you want to be here? Vice Chairman Gort: Charlie, where arc you going? Commissioner Winton: Well, I don't -- we don't — you know, it's probably going to take a couple of hours. Mr. Gimenez: OK. Fair enough. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes. Any other business -- Mr. Gimcnez: Going to take a little bit longer, couple of hours. Vice Chairman Gort: We voted on (INAUDIBLE). Commissioner Winton: Then get our time -- let us know how much time we need so we can got booked. 529 July 19, 2001 90. AUTHORIZE CITY ATTORNEY TO RETAIN OUTSIDE LEGAL COUNSEL, $25,000 RELATED TO BILLBOARDS AND SEEK REIMBURSEMENT OF LEGAL FEES FROM LOSING PARTY (SEE 046). Commissioner Teele: Mr. Chairman'' Vice Chairman Gort: Yes. Commissioner Teele: In the last meeting -- Vice Chairman Cort: Charlie, alone will need two hours. Yes. Commissioner Teele: In the last meeting we held over an item relating to billboards. Commissioner Winton: We didn't vote on this yet. by the way. Vice Chairman Gort: Yes, we did. Commissioner Tcele: Oh. Vice Chairman Gort: Yes, we did. Commissioner Tecle: On the ... Commissioner Winton: No, we didn't. (INAUDIBLE) Vice Chairman Gori: All in favor state it by saying "aye." The Commission (Collectively): Aye. Commissioner Teele: Mr. Chairman, on the last meeting we held a meeting regarding billboards, and the City Attorney was instructed to come back with sone legislation. It's late, but everybody is counting on us not doing anything until after September. l would like to defer the item until the next meeting, and instruct the City Attorney to meet with each of the billboard companies and the day het'ore, the day of the meeting, that morning, to meet with all of them as a group. I would like -- 1 don't know if you've informed the Commission, but one billboard company has sued, and as far as I'm concerned, the basis of any settlement would require number onc, that each billboard company would have to admit and agree to remove all illegal billboards without exception, all. And they would have to admit that on each illegal billboard. As it relates to non- conforming billboards, I'm asking you to give its it definition and it distinction between the illegal and the nonconforming. However, the onc thing that 1 would suggest is that the Manager he given some latitude in getting this mess cleaned up, and my view, Mr. Attorney, is that we go after the ones -- agree to settle before we -- you know, we go after everybody but we go after the ones that don't, especially those that have tiled lawsuits, which I hope you will have answered before the next Commission meeting in federal court. 530 July 19, 2001 Commissioner Winton: Which one filed lawsuit? Alejandro Vilarello (City Attorney)- National. Commissioner Teele: 1 think it's the Viacom company. Mr. Vilarello: Yes, National -- i don't know how -- with a lineage of the owner ownership, but Viacom, I believe, is the owner of -- is the -- national is the subsidiary of Viacom. Commissioner Tecle: 1 would also ask that you respond -- file an answer regarding that before the next meeting; and further that you look at our debarment proceedings and we begin debarment proceedings, as well as the actions that N1c discuss, the ads in the Wall Street Journal and U.S. Today of those conlpwiies that arc out of compliance, with a website link that shows each one. 1 think one of the things that the management would find helpful is if anybody is willing to come forth and talk about settling or talking about a manner in which they can agree to remove all of the illegal billboards, one of the things that we need is all of the paperwork that they have associated with those billboards, and, again, there's dust a series of administrative issues that go back anti forth that I think will just, you know, give us a reason and sive the management a reason to have a mitigation plan. Ally mitigation plan, however, I would hope would not be citywide, but would be city-wide h} district. Because 1 think we have a unique problem in some of the districts that we don't ha�c in other districts, and I want to deal with those citizens that want those billboards removed as it first priority. So, I think that any mitigation plan should be city-wide but district by district, And, so, that would be the request. And I'm not basically saying anything that we hawn't said. Mr. Attorney. 1 want to be clear. That there must be one hundred percent willingness to remove billboards, all illegal billboards by anybody who's coming forth, and if we don't, there's no basis to even talk about it, as rar as I'm concerned. Vice Chairman Gort: OK. Mr. Vilarello: Mr. Chairman? Vice Chairman Gort: Is that understood'? Mr. Vilarello: Yes. Yes. The motion is understood. In addition, I have a request its regard to the ability to retain outside counsel in this particular matter, if necessary. We're reviewing it. We might feel conlfollable responding, and aggressively pursuing it, but I'd like to have the discretion to retain outside counsel. Commissioner Tecle: I would stove that the attorney be authorised to retain outside counsel and specifically to look to the losing patty to reimburse legal tees as a part of any outside counsel activity. That's not conditioned on that, but I would ask that you look at that issue us well. I would so move. Vico Chairman Gott: It's a move. is there a second? 531 July 19, 2001 0 • Commissioner Winton: Second. 'twenty-five thousand. Vice Chairman Gort: Any further discussion? Commissioner Winton: Amount twenty-five thousand. Commissioner Tecle: Amount of twenty-five thousand dollars ($25,000), yes. Vice Chairman Gort: 'Twenty-five thousand. Mr. Carlos Gimenez (City Manager): Commission, if I could get a clarification. You're saying all illegals are out, nonconforming and then come back and do sumc kind of mitigation (INAUDIBLE) conforming? Commissioner Teele: That's what I would propose, but, again, it would only before the ones that agree that the illegals are out. In other words, if they don't agree on the illegals are out, then there's no need to even talk about mitigation on nonconforming. Can't have it both ways. Mr. Gimenez: UK. And, also, I understand Vice Chairman Gort: OK. Mr. Gimenez: I understand that it would be -- that you would have -- with the mitigation plan sonic kind of ordinance or resolution which -- because I'm confined by the Code, so I'm going to come back with some recommendation to you on (INAUDIBLE), IDIBLE), Commissioner Teele: For an ordinance. I would prefer that it be an ordinance. Mr. Gimenez: Yes, sir. Commissioner Teele But also the debarment proceedings ibr those that are illegal and refuse to comply, and giving them due process. Commissioner Regalado: And you remember, Mr. Manager, that we wanted to have priority on those -- on the 1-95, but also on the two on Southwest 8th Street and by the guys that was here lot. So, these are the two priorities. Commissioner Teele: And, Mr. Manager, Mr. Attorney, the one thing that 1 would ask is that the Commissioners he given broad latitude to write the Manager or the Attorney of any billboards that they consider to be particularly offensive in their district. We're talking about city-wide compliance so that it's real clear, but I do think that this is something that just annoys certain neighborhoods more than others, and we don't need to just take a city-wide approach. We need to look at this neighhorhood by neighborhood as we go city-wide on this. But, there are some billboards that are just totally in residential areas that are just -- you know, they're obnoxious and they defv City government, while we have a court reporter here, 1 assume, and a whole lot of Guccis... 532 July 19, 2001 0 • Vice Chairman Gort: l want a clarification on this nonconforming. Mr. Vilarello: The difference is illegal and nonconforming... Vice Chainnan Gort: They do have the permit and they're legal? Commissioner Winton: Well, do they have a permit because we— Mr. e— Mr. Vilarello: Nonconforming, generally, means that it was legal when it was originally erected, and the law has changed since it was originally erected, but it continues to be a nonconforming -- an approved nonconforming. Vice Chairman Gort: You mean, it's being -- it's grand fathered in? Commissioner Teele: No, no, no. 'They're not grand fitthered in. Mr. Vilarello: Yes. Commissioner Winton: No. Vice Chairman Gori: No? OK. Commissioner Winton: No. Vice Chairman Gort: i want to make sure we get this clear. Commissioner Tecle: Illegals have to he removed. Nonconform -- Vice Chairman Gort: Illegals have to be removed. We all agree on that. Commissioner Teele: Nonconforming -- we're looking to the Manager and the Attorney to come back with definitions and different standards of... 'Nr. Vilarello: Because that is the issue, whether or not it continues to maintain its nonconforming status or whether at sonic point in time it became illegal. Commissioner Teele: And we're looking to you, Mr. Attorney, to make that determination. Vice Chainnan Gort: OK. I don't have any problem. Commissioner Teele: Not the industry. Commissioner Winton: And, Commissioner Teele, one more thing in that -- I wasn't here for the -- for your outstanding presentation on this issue last Commission meeting, and I commend you for your actions. i thought that was outstanding. But I think one of the issues you raised related 533 .July 19, 2001 to getting a lot of these before Crate Enforcement and we also talked about a special master, and I would just like -- and 1 don't know how that ended up because one of my staff people told me our Code Enforcement Board is absolutely overwhelmed already. So, 1 hope that -- and I don't know what happened here, but I'm hoping that we directed the City Manager to get ... Commissioner Teele: We did two things. We instructed the Code Enforcement Board would give priority -- in other words. they would stay any other proceedings and take these matters a head of anything else that's in the queue, and as a way to avoid that from happening, we instructed the City Manager and the City Attorney -- Mr. Attorney -- we instructed them to explore the use of special masters, which could come in immediately -- Commissioner Winton: Yes. Commissioner Teele: -- and do that. See, the misleading thing, 1 think, under this concept of due process. which we all want to protect, is the fact that each violation may be subject to its own Code Enforcement proceedings. So, you may have one company that may have 60, 70, maybe even a hundred hearings that they would he entitled to, and so -- Commissioner Winton: So, are we pursuing the special master? Mr. Vilarello: Yes. That doesn't distinguish -- that's no different. You still leave to go through that same process, particularly -- Commissioner Winton: But with the special master. Vice Chairman Gort: And, also ... Mr. Vilarello: With the special -- Commissioner Winton: 1 understand. But it doesn't put more burden -- it doesn't stop the Code Enforcement Board from doing their regular work that they're already overburdened with. Mr. Vilarello: It's an alternative enforcement proceeding. Commissioner Winton: And that's what you're really going after. Mr. Vilarello: That would be up to the Manager to determine whether he wants to go either one of those options, but that's an option that he has. Commissioner Teele: We designated -- but has anything been done over the last week'? That's the real question. Maybe that's a rhetorical question. Vice Chairman Gort: Also, we requested that they meet more than two or three times; that they go to him and talk to him and if they have to have five meetings within a month, to go ahead and have the five or six meetings. 534 July 19, 2001 116DRI a Commissioner Winton: Who? Vice Chairman Gort: The board. Commissioner Winton: Well, that's my whole point here. We're -- 1 think we're going -- I think we're doing this really wrong and doing a disservice to the poor people that are working on the Code Enforcement Board. They're volunteers -- Commissioner Teela They're volunteers. Commissioner Winton: -- and we're killing them. Vice Chairman Gort: We'll ask them if they want to do it. Commissioner Winton: l think that what we really ought to do is instruct the Manager or the City Attorney -- whomever decision this is -- is to go hire the special masters that we need to do the work relative to billboards. End of story. Commissioner Teele: We granted them that authority at the hast meeting. Vice Chairman Gon: We did, too. We did that, too. Commissioner Winton: OK. Mr. Gimenez: There's also a special Code Enforcement Board hearing has already been scheduled for August 16, to deal with some of these issues. All the billboards located in C-1 or more restrictive districts that -- Commissioner Winton: But the sooner you get the special master, the fewer times the Code Enforcement... Commissioner Teele: I thought the limited access rales were going to go ahead to the C -Is. Commissioner Winton: Yeah. The sooner you get the special masters, the less often Code Enforcetnem has to deal with this and that's all I'm trying to do is relieve them from added burden because they're already overwhelmed. Mr. Gimenez: Yes, sir, we agree. Vice Chairman Gorr: OK. Commissioner Teele: Make sure that when we look at this debarment, that it includes the Orange Bowl and Hayicont Trust and the CRA (Community Redevelopment Agency) and any other of our -- MSEA (Miami Sports & Exhibition Authority) -- and any of our other appendages. In other words - 535 July 19, 2001 Commissioner Winton: What's debarment'.' Commissioner Teele: Debarment is a procedure used by the federal government and has been adopted throughout the states and counties, and it means that if you're violating the law, you don't have a right to bid on anything else in that jurisdiction, and, so, the question is, does debarment -- can it be extended to requesting even additional permits in the future? I don't know the answer to that. It may or may not. But it certainly can be contractual opportunities that may exist. The following resolution was introduced by Commissioner Tecle, who moved its adoption: RESOLUTION NO. 01-730 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY A'11*ORNF.Y TO ENGAGE COUNSEL TO RENDER LEGAL SERVICFS CONCERNING I1.1.136ALLY PLAChl) BILLBOARDS, RELATED LITIGATION, AND REMEDIAL. ACTIONS, IF NECESSARY; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in file Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifrcdo Gort Commissioner Tomas Regalado Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Conunissioner Joe Sanchez 536 July 19, 2001 • 91. DEFER BALANCE OF AGENDA ITEMS NOT TAKEN UP TODAY TO NEXT COMMISSION MEETING. Vice Chairman Gort: OK. Is there any other issues y'all like to bring tonight? Commissioner Tec)e: Move that the balance of the agenda be deferred until the next regular Commission meeting. Commissioner Winton: Is there any more agenda? Vice Chainnan Gort: Yes. Commissioner Winton: Oh, we're not clone? Vice Chairman Gort: We have 47, 48 -- we just took it to. Walter Foeman (City Clerk): You need to call the roll on your motion. Commissioner Teele: Huh? Mr. Foeman: Engaging outside counsel. We never ... Commissioner Teele: Engaging outside counsel ... Vice Chainnan Gort: OK. We voted on that. OK. All in favor state it by saying "aye." The Commission (Collectively): Aye. Commissioner Tcele: Make sure you check conflicts with outside counsel. Vice Chairman Gort: We have 30 items -- 37 items. Thirty-seven, 39. Motion to adjourn. Bye. Commissioner Teele: Move that the balance of the agenda be deferred to the next regular meeting. Commissioner Regalado: Second. Commissioner Tecic: And that the meeting be adjourned. Commissioner Regalado: Second. Commissioner Winton: Well, so that we can stay until midnight on the next one then, as opposed to this one? Vice Chairman Com. We promise, the Commissioners will be allowed two minutes for each discussion. 537 July 19, 2001 Conuuissioner Toole: All right. We'll limit discussion. Limited discussion. The following motion was introduced by Commissioner Tcele, who moved its adoption: MOTION NO. 01-73 i A MOTION TO DEFER THE BALANCE OF THE AGENDA ITEMS NOT TAKEN UP TODAY TO THE NEXT COMMISSION MEETING; FURTJM TO ADJOURN TODAY'S COMMISSION MEET1NO. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES:: 'Vice Chairman Wifredo Gort Camtnissioner Tomas Regalado Commissioner Arthur E. Toole, Jr. ti , Commissioner Johnny L. Winton k i WAYS. Nana. :,lBSLNT Comisaissianer Joe Salichv , , �NO z i y,r +„ Yn `� b" " R", awl 'V -'k 3e k`'` ,� 538 July 19, 2001 �+q baa �iirt�r 1w�n,Ae,cs tt� comae befq� the ts,ty Cflmn!uaa,oa, the mo�t3f� �►ti�, °* ata,, r•r �'t r $ ; zxaY q ¢ ,� a- -1 3 CS �1j:1' )r�.ayatZs T �1 ,k ' t rt r sn- r34J`f n 'F s a B > [ ✓ 1 jr is r`� �'>� '�� � , ➢ ,k b , z �'� i n r � �r�a.� wyr� a - .y ri '•a1 rr 43"w r#rtr� $ .: ,�o-¢.a t °1'' �, °urea e � s �, SYLV1A SCHFIDER x� k r � 9 a id ;� -, t•c �r ., +G, c „ ,, > res ". i wa 'a t,'fi1 s sa�2 � '� �S'g .tit � � '`✓i � ,,y/-V 1,�;'�#�i�� *'�i