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HomeMy WebLinkAboutCC 2001-09-13 Minutes• CITY OF MIAMI 1 llli. IYCORP ORAVE�Q Is 1.0 CITY COMMISSION MEETING -M . - OF MEETING IIELD ON SEPTEMBER 13, 2001 PREPARED BY T14E OFFICE. OF THE CITY CLERK/CITY HALL, lflalte►rJ. Fne►naa/City Clerk • 0 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 13th day of September 2001, the City Commission of Miami, Florida, met at it's regular meeting place in the City Mall, 3500 Pan American Drive, Miami, Florida in Regular session. The meeting was called to order at 9:17 a.m. by Vice Chairman Wifredo Gort, with the following members of the Commission found to be present: Vice Chairman Wifredo Gort (District 1) Commissioner Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Commissioner'fomas Rogalado (District 4) ABSENT: Commissioner Arthur E. Tecle, Jr., (District 5) ALSO PRESENT: Carlos A. Gimenez, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Sylvia S. Scheider, Assistant City Clerk Vice Chairman Gort: I'm going to ask you to please stand for the prayer, and Commissioner Sanchez will do the pledge of allegiance. At this time, 1 would like to ask for a moment of silence for the tragedy we went through. Thank you. Words cannot express what we, as a nation, are going through. However, we will unite and overcome this tragedy. Our prayers and heart -felt. condolences to the victims, their families, and all people that are working tirelessly in the search and rescue operation. At this time, I'm going to read to the public Psalms 27, verse 2, "When the wicked, even my enemies and my foes came upon me to cat tip my flesh, they stumbled and fell." God bless this country and all of you. An invocation ►vas delivered by Commissioner Gort, followed hp Coininissioner Sanchez leading those present in a pledge of allegiance to the flag. , NTAT QC AM; TION;�� Vice Chairman Gort: At this time, we have several presentations. Note for the Record: The above -referred to Presentations and Proclamations are on file, via cassette tape, in the Office of the City Clerk. September 13, 2001 2. ENDORSE:AND - SUPPORT ALL ACTIONSOF'U,S. PRESIDE�I4T: AND, ,us. UNITED. .STATES TAKEN`INRESPONS ",T- 0 ACTS OF:-TERR PUS1VJ :AGAINST UNITED STATER ON' -SEPTEMBER 11, 2001; DIRECT; MANAGER 70 TAKE ALL'STEPS-.NECESSARY:TU 'IN TL+ ; 'ROCEDURES�` FOR RECEIPT AND,.,DTSSEMINA2IQN OIi IViONIES TO B1� 'COLLECTED AND TO �gSSiST ,VICT � T S OR ACTS�'OF TERROEtIvf ENACTED AGAINST. UNITED STATES, ON SEPTEMEER I`� 26,61,: MANAGER TO. ALLOCATE FU NDS FROIv> STRATEGIC )tESERyE BUNDS; AND OTHER FUNDS',AS AF'iEtOPR1ATE, $$6 600, BASED UFONDOLLAR FOIL DOLL' '} IViA�I'CH OF' ,. <. n. GONTRIBUTIQNSr COLLECTED -FROM, CITIZENS ,;WISHING TO: COIVTRIBi7TE ;:TO' CITY Commissioner Regalado: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Regalado: I think- that what you said at the beginning, silence and the prayers, it's only fitting and I Would hope that the City, as a government, will take some kind of action in terms of a resolution supporting every and all actions of the President and the Congress of the United States, and that this should be forward to the White House and the Presidentof the Senate and the House, so they'll know that Miami is fully behind our President and our Congress on this times. Vice Chairman Gort: It's a motion. Commissioner Winton: Second. Mr. Chairman, -- and, Commissioner Regalado, I would like to add something tangible to that. You know, the City of Miami is not a wealthy City. We've had our fair share of Financial troubles, but our troubles pale in comparison to the challenges that New Fork City is facing and the pain and trauma of all the .families in Washington and New York, and there aren't lots of tangible things we can do to help. 1 know that giving blood over a sustained period of time, just not everybody rushing out the day of and the day after and the next clay, but blood has a very short shelf life, so people need to continue to give blood and give it routinely and they particularly need to pay intention to it over the next two weeks, neat three weeks, next month while those people who have survived, particularly burn patients, who will need lots of transfusions, that we continue to fill the coffers with blood, and hope that we encourage people to continue to do that. But in addition -- and, so, that's one of the tangible things that we can do, and many of us have already given blood. But I would like this Commission to consider sonic financial support, and what I would propose is that, even though we're in a very, very tight budget cycle, our parking surcharge revenue has hopefully temporarily been taken away - I hope we get that back, but we've had to rework the budget. There's new pain on our residents, clearly or potentially. We haven't approved that budget yet, but there's certainly potential for that, which incans all of us as well. But I would like to propose that we identify up to half a million dollars ($500,000) of City money, maybe it comes out of the Strategic Reserve Fund, and that the City of Miami will contribute dollar for dollar, matching dollars for every dollar that the public brings to the City of Miami, up to half a million dollars ($500,000). So that coming out of the City of Miami, if the public will support this, there could 2 September 13, 2001 be potential for a million dollars ($1,000,000) that we could raise, that we could send to whatever the fund recipients are in New York City to help with their rebuilding effort. Commissioner Regalado: l think it's a very good idea. I think it's a very fresh idea. I don't think that any City has done that, and I really commend you for doing it. 1 would only suggest that you will consider that if we do this, if the people of Miami do help in this fund, that the money will be dedicated to the family of the victims and not for any buildings or anything. Commissioner Winton: Absolutely. \ro problem. Absolutely right. Family of the victims. Yes, Yes. Commissioner Regalado: Because there are many, many poor people that have suffered; many children without parents and -- and 1 hope -- probably other cities will follow and there will be a huge fund because, I mean, the Congress is going to approve like a lot of money for building, but 1 don't think for victims. Commissioner Winton: Yeah, I completely concur. Vice Chairman Dort: OK. So, you're amending your motion to state that? Commissioner Regalado: Yes, absolutely. Vice Chairman Gort: You have the motion? Alejandro Vilarcllo (City Attorney): We'll prepare a resolution from the comments made by the Commissioner. Vice Chairman Gort: You'll bring it back later. Commissioner Winton: And we'll need someone to -- we'll need to set up the mechanism to collect the money and we also need to publicize this effort. So we need to get our media PR (Public Relations) campaign working within the City so that the public knows about this, so that we can get the donations coming. Commissioner Sanchez: Johnny, can I make a suggestion? Can I make a suggestion? Vice Chairman Gort: Absolutely. Commissioner Sanchez: There's going to be plenty of trust finds set out throughout the world to help the victims and their families. What we suggest that we could do is start a trust fund here, from the City of Miami, so they know that the money comes from the City of Miami because we've been at the receiving end with hutl•icane Andrew. Now, it gives us an opportunity to give because this has brought this nation together and it's making us a stronger nation. The trust field -- what we would like to do is also post it on Channel 9 and have (lie residents in Miami donate those fluids. And 1 don't have a problem -- although I'm very fiscal, conservative, and we are very tight on this budget, very, very tight, I don't mind thatching dollar for dollar to a maximum 3 September 13, 2001 0 • of half a million dollars (S500,000). But we need to also start a campaign to get the citizens, which I guarantee you, if there's people home right now watching its on channel 9, they're heading for their checkbook or calling our offices to say, "Where do I send my check'?" and that is something that we should all feel proud to do. Commissioner Winton: And my check will be written at noon. Vice Chairman Gort: Same here. 1 understand, they'll prepare resolutions, and you'll bring the resolutions back to its. I understand the representative of Positive Connections is here. Would you like -- please to come forward and Johnny Winton will make a presentation. Commissioner Winton: We need to vote on this. Mr. Vilarello: (INAUDIBLE) resolution. You can vote [low or -- Vice Chairman Gort: Well, all in -- Commissioner Sanchez: Well, we could vote now, if you want, Commissioner Winton: Yeah, let's -- Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. The fbllowing resolutions were introduced by Commissioner Regalado, who moved their adoption: RESOLUTION NO. 01-551 A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING AND SUPPORTING ALL ACTIONS OF THE: PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TAKEN IN RESPONSE TO THE ACTS OF TERRORISM AGAINST THE UNITED STATES ON SEPTEMBER 11, 2001; DIRECTING THE CITY CLERK TO rRANSM IT THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. And 4 September 13, 2001 RESOLUTION NO. 01-851.1 A RESOLUTION OF THE MIAMI CITY COMMISSION AU'T'HORIZING AND DIREC'T'ING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO INITIATE PROCHDURES FOR RECEIPT AND DISSEMINA'T'ION OF MONIES TO RI COLLECTED AND EARMARKED SPECIFICALLY TO ASSIST TME VIC'T'IMS OF THE ACTS OF TERRORISM ENACTED AGAINST THE UNITED STA'T'ES ON SEPTEMBER 11, 2001; DIRECTING THE CITY MANAGER TO.ALLOCATE FUNDS FROM THE STRATEGIC RESERVE FUNDS AND OTHER FUNDS AS APPROPRIATE, IN AN AMOUNT UP TO $500,000, BASED UPON A DOLLAR FOR DOLLAR MATCH OF CONTRIBUTIONS COLLECTED FROM THE CITIZENS WISHING TO CONTRIBUTE TO THE CITY OF MIAMI FOR SAID PURPOSE; DIREC'T'ING THE CITY CLERK TO 'TRANSMIT THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. (Here follows body of resolutions, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolutions were passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Rcgalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. A13SENT: Commissioner Arthur E, Teele, Jr. Commissioner Sanchez: Also, before we do that, we have our Urban Search and Rescue Team. They either they should be in New York right now or they're just about to get there. Carlos Gimenez (City Manager): 'They will be leaving today. They were out of Homestead for a couple of days. They will be going by ground transportation. They will be arriving in New York this Saturday. Commissioner Sanchez: OK. So, we also would, you know, pray for them, to make sure that while they do this courageous thing to go up there and help, that we pray that they're safe and come back to their loved ones. Ed Pidermantt (Sergeant At Arms): Commissioner, if you don't mind, T wanted to make a comment or two about the topic that you were just discussing, before you get off on it, and I know you have a lot of business to do. But my name is .Ed Pidennann. I'm the president of the Miami Association of Firefighters. I represent the firefighters here in the City of Miami, and I think the motion that you proposed is a tremendous motion, with the amendment, and I support it September I3, 2001 9 • wholeheartedly, but I wanted to take a moment to recognize the -- not only the victims that were -- the civilian victims, but also the true heroes, the -- what are described sometimes as our domestic defenders, the firefighters and police officers that gave their lives in New York City. I think the events of Tuesday are going to go down as the darkest day in the history of this country. It would also go down as the darkest day in the history of law enforcement and of the fire service. Over two hundred firefighters -- I think the number keeps going up. They're talking about even as many as 300 firefighters. That would be half of our entire Fire Departnicnt. The numbers are unthinkable. I venture to say that over five hundred to six hundred children are without their parents today. You know, these brave firefighters go off to work in the morning expecting to come home that night to coach their kid's baseball lame or to help with their homework, and there's, you know, five hundred, six hundred kids whose parents are not going to be there, and these are not people that were in the building at the time of the incident. These are people that were running in when people were running out, and were caught in this atrocious event. In their honor, 1'd like to announce that. the Miami Firefighters, together with our Benevolent Association, our Credit Union -- we've established a fund specifically to help the firefighters and their families in New York City. If anybody would like to get more information on that, obviously you know where to fine me. We've established it out of our credit union and we venture, you know, to get the find going last night at our union meeting. The members of my local, we voted to get the fund started with five thousand eight hundred and seventy dollar ($5,670) donation towards that fund. We plan to send that up overnight express to get it going. I know our Benevolent Association is going to do a similar contribution, and, you know, firefighters are a funny breed. We love to have help from the outside, but we always recognize that we have to help ourselves first, and we are starting a campaign amongst our own members to get the fund going, and I expect that fiend to be well into the thousands, tens of thousands, and as much as possible. We also will be accepting donations from anybody, not only from firefighters, but I just wanted to make that announcement, that anybody that does want to contribute to that amount -- to that fund can contact me and I'll be more than happy to let ,you know how to make that contribution. Commissioner Sanchez: (INAUDIBLE) Mr. Gimenez: Yes, sir, we will. Vice Chairman Gort: OK. Thank you. 6 September 13, 2001 3. SALUTE .TG "CENTER )~4R )E'bSI)G1VE CONNEIQ'I3IQN" >OR ITS; yVOI2IC'ITH` I3IV/AIDS I'A'EIVTS (So e #,j. µ� Vice Chairman Gort: Positive Connection. It's all yours. Come on up. Commissioner Winton: This is a solute from the City of Miami. The City of Miami, Florida salutes the Center for Positive Connections, a support and resource center. In recognition of your unwavering dedication to providing educational, social and emotional support to members of our community living with ITIV/AIDS and to their family and friends, who act as a much needed support system we admire the seriousness of your commitment to infornl, educate, guide and empower individuals to heal their body, mind and spirit. We appreciate and value your outstanding service, expertise and compassion in rendering emotional relief and social support with unique personal attention for the members of the Center, who welcome. your concern with joy and open hearts. The City of Miami salutes you, expressing thanks for your devotion and dedication to this beautiful project of love and hope. Presented on behalf of the City of Miami by our Mayor, Joe Carollo. Unidentified Speaker: It's beautiful. I couldn't have done it better myself. Beautiful. Thank you. Thank you very much. Thank you. Appreciate it. Vice Chairman Gort: '['hank you for doing a good work. Unidentified Speaker: I just want to thank the City for this beautiful proclamation. 1 couldn't have written it better myself. And i also want to thank and recognize the City for supporting the - Center. They have supported the Center in a grant in the amount of a hundred thousand dollars ($100,000), which begins in two weeks, and I'm so entirely grateful for their support to help keep the Center going, We are producing a fund-raising committee, and we need all the help we can get to keep the Center going. And if you'd like information about our organization, I'll pass it out when I sit down. And thank you so much. Vice Chairman Gort: Thank you. 7 September 13, 2001 • C -I J 4 ' Q $ENT,, 'G -N-le 11 AJ ell. Vice Chairman Gort: At this time, we'll go into pocket items, is anyone -- any one of the Commissioners like to pull any pocket items? Commissioner Winton: Pocket items? Commissioner Sanchez: Pocket items? Vice Chairman Gort: I mean -- I'm sorry. Commissioner Sanchez: Consent agenda. Vice Chairman Gort: CA. Consent agenda. Consent agenda. Does any one of the Commissioners would like to pull any items in the consent agenda? Comrnissioner'reel e: What was that? Vice Chairman Gort: 1 have a question on item CA -26, in the consent agenda. Does anyone -- Commissioner Sanchez: No, sir. Mr. Chairman, 1 don't have a problem with any of the consent agendas. Vice Chairman Gort: It's the item CA -26, was the mutual agreement between North Miami and the City of Miami. Is that the same as we (lid with the West Miami and Coral Gables? Raul Martinez (Chief of Police): Great, Yes, Commissioner. Raul Martinez, Chief of Police. That's a standard mutual agreement that we have with other jurisdictions, sir. Vice Chairman Gort: Great. Thank you. OK, Yes, sir. Jack King: Mr. Chairman, information and maybe some other updates on CA -18 and CA -32. Vice Chairman Gort: Go ahead. Mr. King: All right. My name is Jack King, 4031 El Prado Avenue, Coconut Grove. I'm a member of the City of Miami's Waterfront Advisory Board. On CA -18, the funds that are allocated there for the derelict vessel removal of sixty-eight thousand dollars ($68,000) have come from the Florida Inland Navigation District, and I have been told but haven't -- still can't run it down, but the state is now taking over all of those duties, as far as derelict removal, and the City's not supposed to he in this anymore. Do you know about that, Mr. City Manager? We were advised several months ago by the Department of Natural Resources that they were going to handle all of that from now on, and we do not have to apply for grant funds any longer to do that. 8 September 13, 2001 • Frank Rollason (Director, Building & Zoning) Frank Rollason, assistant City Manager. There scorns to be a gray area as to what areas are going to be our responsibility and what areas are the areas that Jack is talking about. Our recommendation is to go ahead and go forward with this and if it turns out that we don't have to expend our funds, we won't do that. But right now, there's some question about when it goes into effect and when they're going to do it, and we have vessels out there that need to be removed. Mr. King: i totally agree with that. I mean -- it's not a time thing. 1 just want to know from a future standpoint where we are, so when we have to start pushing the right buttons or pushing the State's button rather than the City's buttons. Mr. Rollason: You're right. We're dealing with them, Jack. And -- Vice Chairman Gort: My suggestion, push both buttons. Mr. King: OK. Thank you. All right, CA -32 -- Commissioner Winton: Before you leave 18, excuse me. Frank, it says here available in account code established with grant finds. Isn't there -- you know, couldn't we do a little better? Tell us what grant; you know, that the grant's there. I mean, this isn't clear that you even have the grant and it certainly doesn't identify the source of the grant. Mr. Rollason: You're talking about just this piece in here? Because there's a back up that goes with it that talks about their fine. Commissioner Winton: Yeah, but we ought to know -- Mr. Rollason: Make it more specific in the -- Commissioner Winton: Yeah. The principal information ought to be -- Mr. Rollason: OK. We can do that. Commissioner Winton: -- summary always, and we leave out that key piece -- Mr. Rollason: T agree. Commissioner Winton: -- of information over and over and over again. Mr. Rollason: We'll clean it up. Commissioner Winton: 'Thank you, sir. Mr. King: CA -32, which has to do with parking in Meyer's Park. As we know, for many years that's been a problem. The overflow parking Born the Convention Center, various sundry events, and for the most part, Meyer's Park is not really set up for parking. It's a little concave; it's 9 September 13, 2001 • .• landfill; it's never been done correctly. If you walk over there today, you'll see this pool of water, which it always happens after a hard rain and, thankfully -- and Mr. Rollason and l have discussed this before, that we've taken this off the table as an area to park for every event, except the Coconut Grove Arts Festival and, quite frankly, I'm at a lost to understand why they're still allowed to do that. There arc ways to circumvent that. 1 certainly don't mind them using the park, but I think it needs to be refurbished before it can be used because every time they do use it, it takes for months and months and months for it to come back because no money is ever actually expended with it. It's just sort of covered up in hopes that, when it starts raining attain, things will grow. Mr. Rollason: Frank Rollason, Assistant City Manager. Again, Mr. King is about 95 percent on the money. We have -- Mr. King: Thank you, Frank. Mr. Rollason: Well, that's good. Ninety-five is good. We're not going to allow the Arts Festival to be parking out there. What they're going to have out there are the food booths and the things that they've had in pedestrian traffic. The parking will be in the paved area ori the Seminole boat ramp area, and, you brow, quite frankly, that's needed. Those booths have to be out there for that Festival to go forward. Mr. King: Well, I understand that, but also, if you read your back up material, it says that no -- there will be no parking allowed, except for the Coconut Grove Arts Festival. What it says in this piece and what it says in the back up are not quite exactly the same. Mr. Rollason: Right. But the intent is that they'll be able to put vehicles out there that are driven out there and put in a parked position, but not an automotive vehicle. It will be the food booths that are transported. Mr. King: All right. And while we're on the same subject of these types of things -- and you and I have discussed this before -- is the financial statements of the events that operate on City property. We really have no idea what the revenue generation is from the Coconut Grove Arts Festival. We know that they don't give much back to the City, you know, in direct funds, and they pay very little as far as refurbishing the damage that they do over the years, and this is -- let me say this, it's unfair to pick on the Arts Festival. They're not (lie only one. They just happen to be the biggest one. But that was -- we have no idea. You don't -- 1 mean, if they pay ,you five thousand dollars ($5,000) for use of the park, you don't have any idea how much revenue they generate over -- you know, during their event, right? Commissioner Winton. Well, I think we have some reasonable idea. The number of people that come into this City is absolutely humongous and I'm certainly not going to sit up here and start attacking the Arts Festival. I think they're one of greatest assets we have in the Grove. So, I don't know where you're going with this, but. I'm in total favor of what the Arts Festival is doing. I'm in favor of allowing the Anis Festival to utilize this park and, so, l don't know what your question is. 10 September 13, 2001 0 • Mr. King: Well, my question is, is they use the park for three days; they do a year's worth of damage, and they seldom ever repair the damage, and we also have not set the park up for use for something like this, and we really need it -- I mean, the reason why they were talking about parking in the park right now is because of the damage that's happened over the years. We've put money into half of Meyer's Park. We need to probably put money into the other half of Meyer's Park, but right now, it's not a parking lot. And, yes, the Arts Festival is a worthwhile operation. I love it. I've been here for a long lime. It's great. It brings a lot of great notoriety to the City of Miami and to Coconut Grove, but we don't have the infrastructure to handle what we want to do on this specific piece of property, and we need to change that park or modify it or however we do it, so there's not months after the Arts Festival that the place looks like a war zone. Commissioner Winton: So, what you're saying is that you just want to make sure that whoever is dealing with the Arts Festival, snake sure that they do -- because I've seen it in the agreement. They're required to do whatever it takes to fix any problem they've created in any of our public spaces. So, what we need to do is make sure that's managed more carefully. Mr. Rollason: We'll do that, Commissioner. And, also, it will be a little easier to pinpoint who the culprit is because they're the only ones that are going to be in there. Commissioner Winton: Right. Mr. Rollason: It's theirs. Commissioner Winton: So, we'll make sure that happens. Vice Chairman Gort: Thank you, Frank. Yes, sir. Commissioner Tcele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: I move the adoption of this consent item. Commissioner Winton: Second. Vice Chairman Gori: It's been moved and second. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 1 1 September 13, 2001 Note for the Record: CODE SEC. 2-33 (J) S'T'IPULATES 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 CI'T'Y COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER TEELE AND SECONDED BY COMiVIISSIONER WINTON, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Vice Chairman Wifredo Gort. Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Noiic 4,1 ACCPT BIS OF ACS LOCK &LCiJRITY SfTPPLY, PURSUANTr TV �I1iYITA'IQN ORS >3I S Nd 'OQ 01 2 3 FOR` PROCURkMfNT' OF,�4.3 1 uSTF R C� VVf B>�. >iaQ UN ,,fir' Olt�`T�TB>iA'iZ MNT .Qf4 TOLTCE, '$24937 40, AL�.00A ' FLJNIi�S FROIVi P T.IQN C S QTRAN RESOLUTION NO. 0 1 -852 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF ACE LOCK & SECURITY SUPPLY, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-255 FOR THE PROCUREMENT OF 1,861 STEERING WHEEL LOCK UNITS FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $24,937.40; ALLOCATING FUNDS 'FROM TIIE OPERATION C.A.R.S. GRANT, ACCOUNT CODE NO. 110063.290532.6.722. 12 September 13, 2001 4,2 ,ACCEPT FT LAUDERDALE HARLEY.DAVDSN, P�I:1R$UAT ,;SOF{ 1N ITA►f.,C1zIV FOR $ S� NO QQ, O1 2U2, FOIL LEAS,INCi' OF' N:INET >~I� TRAF IC,L fi ENFO�GEcINT M04TOItCYES, '1{O�t DEI'ARTIIENT 3�pt G, tL '90 RESOLUTION Irc xr , RESOLUTION NO. 0 1 -853 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE IIID OF FT. LAUDERDALE HARLEW DAVIDSON, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-202, DATED JULY 18, 2001, FOR THE LEASING OF NINETEEN TRAFFIC LAW ENFORCEMENT MOTORCYCLES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN AN ANNUAL AMOUNT NOT TO EXCEED $39,900, FOR TWENTY-FOUR MONTH PERIOD, WITH THE OPTION TO RhNI:W FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO, 311850, ACCOUNT CODE NO. 429401.6.880, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, FOR TILE FIRST YEAR LEASE AND SUBSEQUENT YEARS ARE SUBJECT TO AVAILABILITY OFFUNDS. UNDS. 4,3; APPROVE" ACQUISITION OF PAGER RENTAL, YSg aRVICEs FROMV ',' PAeENR_T, INC /ARCH JRE!ESS FOR DEPARTMENT OF PURCHASING, TO VAR 0Ua GI'�Y IaERARTMENPS, UNpEIt EXISfi1NG lYIIANIi DADIaf COiJN 'Y, CONTRACT NO 67.aG 4'/05 OTR -SW; AL),QCA�I' FUNDS ROIvi ACHtiOF' GENERAL'. OP R 'SING-B.UDGFTS:UF VARIOUSM,,SER D PA#tTM NTS ' RESOLUTION NO. 01-854 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF PAGER RENTAL SERVICES FROM PAGENET, INC./ARCH WIRELESS FOR THE DEPARTMENT Or PURCHASING, TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS -NEEDED CON'TRAC'T' BASIS, UNDER EXI'STfN`G MIA-MI-DADU COUNTY CONTRACT NO. 6736 -4/05 -OTR -SW, EFFECTIVE THROUGH JUNE 30, 2002, WITH THE OP'T'ION TO RENEW FOR FOUR ADDITIONAL ONE- YEAR PERIODS, AND ANY EXTENSIONS; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPE,RKI NG BUDGETS OF THE VARIOUS USER DEPARTMENTS, AUTHORIZING SAID ACQUISITIONS AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS. 13 September 13, 2001 • E 44 ACCEPT B.,ID OP"' ANCEDO TEG INOI O,GIES, =INC , PURSUANT, TO II�i{VITATjON FOR BITS INU 00-41 _194 FOR PROJECTEjNT�?;I�E' h`CgitA`x. Ggm'?*AA/G` BUItbN_'C xRENOuATION;',`B-633T' ;S20,8S3, TOSMA ESTI !IATA rbS7W$24,P3`,5 ;; ,;r • RESOLUTION NO. 01-855 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF GANCEDO TECHNOLOGIES, INC., THIS LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-191, DATED JUNE 26, 2001, FOR THE PROJECT ENTITLED i°CORAL, GATE, PARD A/C BUILDING RENOVATION, B-6337", IN THE AMOUNT OF $20,813; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 3321.33, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPTI'AL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $20,813 FOR THE CONTRACT COSTS, AND $4,122 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $24,935; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 4 5'.ACCEPT BLD pE`RONALD' GIBBONS :PURS,.UANT TO INVITATION FOR $IDS NO t L trx'. _ t 1 t 00-41 178 FOR REPAIRS TO AUTO SOUND �RIMTER FENCE FQR.ADEFAR`1V1ENT OE: POLICI`$'1SOOO;�AL,LOCATE>F.UNDS'FROM=POLICE ,GENERAL O ERAT][NC3E$UL�:I4T;. ; RESOLUTION NO. 01-856 A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION ACCENTING THE BID OF RONALD GIBBONS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00- 01-178, DATED JUNE 11, 2001, FOR REPAIRS TO THE AUTO POUND PERIME'T'ER FENCE FOR THE DEPAR'I'MENi' OF POLICE, IN AN ANNUAL AMOUNT NOT TO EXCEED $15,000, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000,290201.6.670, �. ._�l.t .. t�f.i.. a,�'t . tF2fF1. .,:ns (rt•.. ,.i cF ��,7^,j 14 September 13, 2001 4;6 AGCEPtT BID OF MDS MATR3CiPURSUAN�' 'TO INVITATION FOR SIDS tN4 4p Q1 16d FORS PR4CUREMENT� OF O�CIlTER DE'I�ECTORS W,1TI AG�F,301�S,,,P¢R DEFARTMNT, OF FIRE, RESCLTEt,$�32,46:75;eA`I;LOC TE _F[J�N1S„U'h't FLORIAxENiERGEIC 1V�pIAT$SERVICE$kMATCilI�7C� GITrPROGRAM;tJl,, RESOLUT1014 NO. 01-857 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE AID OF MDS MATRX, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-166, DATED JUNE 6, 2001, FOR THE PROCUREMENT OF OXIMETER DETECTORS W1T11 ACCESSORIES, FOR TIIE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $32,476.75; ALLOCATING FUNDS FROM THIS STATE OF FLORIDA EMERGENCY MEDICAL SERVICES MATCHI"ING GRANT PROGRAM FUND, ACCOUNT CODE NO. 110099.28021 1.6.840. 4;? sAG�CEPT HID�OF KIQATRICK TURF,,, INDUSTRIA EQUIP IST PU[t;�STTANT. TO ITATTOI� ;;4R BIDS, NO 00 01 111 F41Z PRQCUREIVI[ENT 0' TEI' SIv�I'T±I,O SUPI✓R, ;��'PAR' BAIILFII?I:1��, GONDITI,ON�RS EOR ; DEPARTMENT � O�` PA�iKS SND, RECR�e�►TION,$83;067 40„vALLOCA'I'EFUNDS:; FRQNI P ,', S A.N�b RECItF�'P�pN; VEH�Cl,1�E�CQLIIS�TION BL.1�D.GET':� '' J '��' , RESOLUTION NO. 0 1 -85 8 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEI''1'ING THE BID OF KILPATRICK TURF AND INDUSTRIAL EQUIPMENT, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-111, DA'T'ED APRIL 9, 2001, FOR THE PROCUREMENT OF TEN SMITHCO SUPER STAR BALLFIELD CONDITIONERS FOR THE DEPARTMENT OF PARKS. AND RECREATION, IN AN AMOUNT NOT TO EXCEED 583,067.40; ALLOCATING FUNDS FROM THE PARKS AND RECREATION VEHICLE ACQUISITION BUDGET, ACCOUNT CODE NO, 331368.589301.6.840. 15 September 13, 2001 4.8 ACCEPT B1D Ol'`AlR SYST>✓MS DISTRIBl'tJTOR5;NNC .PURSUANT TQ IN'�YTATION FOR BIDS, N0, 00 -Um 192, FOR PROGUR$ ti1E�1T:01-AIR­,` HANDIyEiZS AT RELATED': ACCESSORIES FOR,DEPARTMENT.OF..,FME7:RESCUE,`$5,021.05 RESOLUTION NO. 01-859 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF AIR SYSTEMS DISTRIBUTORS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANTTO INVITATION FOR BIDS NO. 00-01-192, DATED JULY 17, 2001, FOR THE PROCUREMENT OF AIR HANDLERS AND RELATED ACCESSORIES FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $5,021.05; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 313302.289401.6.850, AS FUNDED BY THE FIRE ASSESSMENT FEE. 4:9 ACCEPT`'B1D. ,OF ;TEMPTROL rAIR .CONDLTIONIlyG, ING, PURSUANT 4To INVITATION .FOR BIDS NO 00 01.169R; ..FOR AIR CONDiTIONIIVG WAINTI�NANC$: AND F.IvIFRGENCY.REP,AIR SCItVICIS AT.MANUEL'ART!IE CQTITY C�1IJR' FQR DEPARmMENT OF CONFERENCES, CONVENTIONS WAND °PUBT,IC FACILITIES,: $10,000, ` �►LI:QCAN`J I?1 JNDS `TROIvI °IVIANUEL `'ARTIMECOMMiJNITY "CEN'ER' GENERAI.OPERATING BUDGET. r t. RESOLUTION NO. 01-860 A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION ACCEPTING THE BID OF TEMPTROL AIR CONDITIONING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-169R, DATED JUNE 25, 2001, FOR AIR CONDITIONING MAINTL'NANCE AND EMERGENCY REPAIR SERVICES AT THE MANUEL ARTIME COMMUNITY CENTER FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, 1N AN ANNUAL AMOUNT NOT TO EXCEED $10,000, ON A CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION -I'O RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE MANUEL ARTIME COMMUNITY CENTER GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 450001.350509.670. 16 September 13, 2001 4. 0 ACCEPT B1P. i, F IvIi Wl, ELECTRIC =SUPPLY ° ASSOC)AhTES PfTRSU`A"NT `T 11 164"" FOR_y�IDS 'NO 00 01�1y1�OR� PROCURIrjNT ¢`OFI-kDG�� STREETLIGHT'FIXTURES AND' PODS FOR `DEPA2MElri' OF GENBR'PLEItUICS DMINISTI2IONt: 52;0505, AIiLOC,4Z'E` L . FI IRDS FROM D,jFPAIN�i ° 0; r$IVI:RAL SYIGES FADMINIS''RATItON; PROPER`LYMAINTENAN4E'ANISION; RESOLUTION NO. 0 1 -861 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF IN71AMI ELECTRIC SUPPLY ASSOCIATES, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO, 00-01-198, DA'Z'ED JULY 18, 2001, FOR THE PROCUREMENT OF HADCO STREETLIGHT FIXTURES AND POLES FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRA'T'ION, IN AN AMOUNT NOT TO EXCEED $22,050.65 FOR TIIE FIRST YEAR AND A THREE PERCENT INCREASE FOR EACH SUBSEQUENT YEAR, ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONh:,-YEAR PERIODS; ALLOCATING FUNDS FROM THE DFPARTMENT OF GENERAL SERVICES ADMINISTRATION, PROPERTY MAINTENANCE DIVISION, ACCOUNT CODE NO. 504000.420119.6,707, SUBJECT TO AVAILABILITY OF FUNDS FOR SUBSEQUENT YEARS. 4 14 ACC ; PT BIDS .OF CRONY BODYWORKS, TNG; (P,RIMAR "); NAVAI�RO �PAhII I': A1�Tl� ,BpA,Y (SF�GO jARY), WAND � 3 PO, TS: FAINT AND BOAY T�') PiJRS[TANT TO I TIOI�T'FQR BIDS NO 00 ASI 097; `FOR ALJ' '0 1�OT3X. W RK REPAItS, REFMBISHMENT AN1 PA NTING OF CI11Y`VEI11CLES, FC)R b1 PAit7'1VI NT ?F 4 1 r r e F. 1 =RE UE 60 UOb r RESOLUTION NO. 0 1 -862 A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION ACCEPTING THE BIDS OF CRONY BODY WORKS, INC. (PRIMARY), NAVARRO PAINT AND BODY (SECONDARY), AND 3 POINTS PAINT AND BODY (TERTIARY), THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS PURSUANT TO INVITATION FOR BIDS NO. 00-01-097, DATED APRIL 25, 2001, FOR AUTO BODY WORK REPAIRS, REFURBISHMENT AND PAINTING OF CITY VEHICLES, FOR THE DEPAR'rmENT OF FIRE - RESCUE, ON AN AS -NEEDED, FOR PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS, IN AN ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $60,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00 1000.280601.6,670, 17 September 13, 2001 1 4;12. ACCEPT BIDS,, OF'HEIDELBERG;USA, INC,; fFORCQUISITIQN OF,ONE 2 COLOR PRINTING, PRESS,, :$3,SQ0, SPINOL PRINTERS SUPPLY, 1NC1, OA N(7�45$ERING' I1iACHINEi INGLIIUINGi MOBILI: STAND OF'ION,, �6,'74S, A $,, DCKCCOMP , 4NE HJGH R�SOi�j,'IO`LA$ER PLAT$SETTEI�1�1A; POT(MEDT�PCES�S;2S5p; B' ATLANTICG AND��.AMINA�'`IG}j 'INC ONS h� 'co OI ET.1k[t KER/T 4 81 , ` 20,O C1! INCL I 1Gx Il\TST'!A', L�►'II~QN�'SH P] GM A, TRAI DING' IN' U'9:R OF ; GRAI' iIC; AR' S EQ.iJiFIvIEI�T, OTAi "AMOtJ T+E 1� 8 5�; PURSC;IAt' 'I'O INVITATfON. FQR BIDS NO QO 01, 219; EOR `; AEP - T,;m lo, Ol+ GENERAL' ,E1tVICES, A1MAVISTItATION, KITH P[JND AI,4CAT$r F,RO�VI GENERAL:SERVICES.AUMINISTRATION, GRA -P 11CS REPRODUCTIONS DIV SION RESOLUTION NO, 0l -863 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF HEIDELBERG USA, INC., FOR TI -1E ACQUISITION OF ONE 2 - COLOR PRINTING PRESS, IN THE AMOUNT OF $63,500; SPINOLA PRINTERS SUPPLY, INC., ONE NUMBFIRING 11'IACHINE, INCLUDING MOBILE STAND OPTION, IN THE AMOUNT OF $6,745; A.B. DICK COMPANY, ONE HIGH RESOLUTION LASER PLATESETTER AND PHOTOMEDIA PROCESS, IN THE AMOUNT OF $42,550; AND ATLANTIC BINDING AND LAMINATING, INC., ONE COLLATOR AND BOOKLETMAKER/TRIMMER, IN THE AMOUNT OF $20,040, INCLUDING INSTALLATION, SHIPPING AND TRAINING IN THE USE OF GRAPHIC ARTS EQUIPMENT, IN A TOTAL AMOUNT NOl" CO EXCEED $132,835, PURSUANT TO INVITATION FOR BIDS NO. 00-01-219, DATED AUGUST 6, 2001, FOR THE DEPARTM F.NI' OF GENERAL SERVICES ADMINISTRATION; WITH FUNDS ALLOCATED FROM GENERAL SERVICES ADMINISTRATION, GRAPHICS REPRODUCTIONS DIVISION, ACCOUNT CODE NO, 505000.420501.6.840. 18 September 13, 2001 • • 4,�3 APPROVE ESTABLISHMENT OFfQUALIFX7 �IDAERS'LI5T`OF p`Qt,J):,IFI;U`, P1 "9 94 FQR RO TSIQN�io SPECIAL MASTBR S R IQES A1�D yIh C1;, f IV ,Q A�DITit��I;AI,,PROkV1,�?ERS ASS,1;.��P,�„D,;NECS5A��'�FOR�bEPAR��VT ���,�QLICF�," •h�tOM�PAI.IC� C.r�NLRAL'�(J... ERA'�TNG Bt11�a�T�€;;1�� �-�� ��;t � , ,f�::.. �, RESOLUTION NO. 0 1 -864 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ESTABLISHMENT OF A QUALIFIED BIDDERS LIST OF PRE -QUALIFIED PROVIDERS, ATTACHED HERE'T'O AS EXHIBIT "A", FOR THE PROVISION OF SPECIAL MASTER SERVICES AND INCLUSION OF ADDITIONAL PROVIDERS AS DEEMED NECESSARY FOR THE DEPARTMENT OF POLICE, PURSUANT TO REQUEST FOR QUOTE NO. 00-01-175, ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF TWO YEARS, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $69,000; ALLOCA'T'ING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270; AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH OF THE PROVIDERS TO SERVE AS SPECIAL MASTERS TO PRESIDE OVER VEHICLE IMPOUNDMENT PROCEEDINGS, RENDER WRIT E'N FINDINGS AND RULINGS, 414 APPROVE PROCUREMENT OF` THi2EE SPACEAVER ,HT,G,H Ol~1\JSI Y SfiI,Pp SYSTEI�S�; FROM U1�TITED BUSINESS SYSTEIv.S EOR pEPAR��vI,BN� OF �PO>JIC�, UN1Ta>�R t,EXXS'PING ST3ATE 0>i��'FLORIDA: CQNTRACT� NO ' �2Q,,';�� 98�,1,r$43;74 3,5 ,ALI�Q�ATE:FUNDS;'F.ROTVI PQI.ICE GE•NEI;:A�,QPERA<�'I�1GT�T.�pQET. ..:.� . . �., �,; , '. ;; �. RESOLUTION NO. 01-865 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMT+;NT OF THREE' SPACESAVER HIGH DENSITY FILE SYSTEMS, FROM UNITED BUSINESS SYSTEMS FOR THE DEPARTMENT OF POLICE, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 420-590-98-1, EFFECTIVE UNTIL NOVEMBER 13, 2001, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $43,674.35; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING .BUDGET, ACCOUNT CODE NO. 001000.290201.6.850, 19 September 13, 2001 • 4:15{ APPROVE rACQ[JISI�PIONPINEY OWF�S° PARA91�1�a I�I'AIL: PROCfESSQR .:WITI ANNi7AL, NfA�INTEANC SERV-IE-ORk AEPARTiv1ENTQFR GENERAL SERV�tCES AUMINISTRATIONFRQ1V! Pl'I�.BCyS UNDER �xITII`TG. ST'ATL� O fLOF DtL CpNTRAt✓T I O 600 760 OA 1, SaS„733; ALLOCATE UNL?S R4I NIAML RILUERSIDE :CENTERI;GENERAL OEER,.A-* NG BUDGET. , ` . ` RESOLUTION NO.01-866 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF ONE PITNEY BOWES PARAGON II MAIL. PROCESSOR WITH ANNUAL, MAINTENANCE SERVICE FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FROM PITNEY BOWES, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 600-760-00-1, EFFECTIVE UN'T'IL FEBRUARY 20, 2005, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $45,733, INCLUDING FIRST YEAR MAINTENANCE, WITH AN ANNUAL, MAINTENANCE INCREASE OF 5010 FOR SUBSEQUENT YEARS, SUBJECT TO AVAILABILITY OF FUNDS; ALLOCA'T'ING FUNDS FROM THE MIAMI RIVERSIDE CENTER GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 5 04000.421901.6.840. a 1 G APPRO.E ACQUISITION Ok ;4NE CANON READER ”' NP88Us{PRINTER 1I'><'H ;, ACG�SSORIES, INSTALLATION, SAND SERVICF�, PARTS E1ND i;AB4R. W►ItRANT,Y,, FRO1Vf PMI :IMAGING. SYSTEMS, NC , ;OR AI?P:ARTMF,.NT OF BUILDING;: UNDER, EXISTING :SNAP, OREEMENT-NO:'2502202-01318;416;20;' RESOLUTION NO. 01-867 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF ONE CANON READER NP880 PRINTER WITH ACCESSORIES, INSTALLATION, AND SERVICE, PARTS AND LABOR WARRANTY, FROM PMI IMAGING SYSTEMS, INC., FOR THE DEPARTMENT OF BUILDING, UNDER EXISTING SNAPS AGREEMENT NO. 2502202-01, EFFECTIVE THROUGH OCTOBER 4, 2001, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $18,416.20; ALLOCATING FUNDS FROM ACCOUNT NO. 421001.560302.6.840. .a 20 September 13, 2001 RESOLUTION NO. 0 1 -868 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THF ACQUISITION OF ASBESTOS REMOVAL SERVICES AT FIRE, STATION NO. 1 FROM MCO ENVIRONMENTAL_,, INC., FOR TILE DEPAwfMENT OF FIRE -RESCUE, UNDER EXISTING CITY OF MIAMI CONTRACT NO. 97-98-072/001, EFFECTIVE THROUGH OCTOBER 5, 2001, IN AN AMOUNT NOT TO EXCEED $49,091; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313302, ACCOUNT CODE NO. 289301.6.270, AS FUNDED BY THE FIRE ASSESSMENT FEE. 4:1.8APPROVE ACQUISITION :,OF ; REMOVAL': SERVICES `'FOR DE'"'. 'T VESSELS ; �V TITIN CITY:WATYS FOR DEPARTkh?T OF,:CONIui?RENC Sj C:Q,oIV NTIOI`T ANISPIJBLIC`;FA.CILITIES FROM DOMAS CK AND .E CONSTRUCTION, INC ANU BLUE _WATER MARINE .SERVICES INC., `UNDE>t EXISTING MIAMI AAbB COUNTY' n CONTRACT'NO.'250 3/,U5=0TR-CW, $68;000. RESOLUTION NO. 01-869 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF REMOVAL SERVICES FOR DERELICT VESSELS WITHIN THE CITY OF MIAMI WATERWAYS FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM DOCK AND MARINE CONSTRUCTION, INC. AND I3LUE WATER MARINE SERVICES, INC., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 2550 -3/05 -OTR -CW, EFFECTIVE 'THROUGH AUGUST 31, 2002, AND ANY EXTENSIONS, IN AN AGGREGATE AMOUNT NOT TO EXCEED 568,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 110021.35 0118.340. 21 September 13, 2001 • 0 4;.19'APPRQVI; PROCUREMENT OE;'ONB�SPACESAVI;R HIGH'I)ENSI'TYFW SYSTEM AND RELATED SUPPLIES,_ FQR ,OFFICE OF HEARING °$OARDr FR41V> UNLTED BUSINESS SYSTEMS; ' UNDER E IS'PINChr :STATE OF ;FLORIDA -C`off kA N I�jO {20 - RESOLUTION NO. 0 1 -870 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVINGTHE PROCUREMENT OF ONE SPACESAVER HIGH DENSITY FILE SYSTEM AND RELATED SUPPLIES FOR TII E OFFICE OF HEARING BOARDS FROM UNITED BUSINESS SYS'T'EMS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 420-590-98-1, EFFECTIVE THROUGH NOVEMBER 13, 2001, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $7,500; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.820101.6.840. 4;20 APPROVE PROCUREMENT; OF . ;`AUTOMOTIVE SERVICE TBCIiN,QLOGY ,-e 'EQi7A'1\%IE14. CQNSIS.TING QTr NON -ELECTRONIC --AL"IGNIVII✓�1 I?ARALLEI 0GRA`M DBST N: �AI IGNMENT AND CUMPtrT IZED , -r.Hi✓ELt; ALIGNMENT SYSTEIVI,° PROM BAl{ER' AUTOMQT+IENT, INC,{1~QR, pEPARPMENT OF � GENERA:L SERVICES AD�VIINISTRATION; $401575, `TJNDEX2 EXISTING.DAYTONA BEACH C4MIvICJNITY C4L1<,EGE CONTRACT ITB NQ :0i Q02i; ALLOCATE ,JUNDS, FROM GENERAL: SE RV[CE$<'ADMINISTI�ATION GENERATr` OPERATING -BUDGET. RESOLUTION NO. 0l -871 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVINGTHE PROCUREMENT OF AUTOMOTIVE SERVICE TECHNOLOGY EQUIPMENT, CONSISTING OF NON -ELEC'T'RONIC ALIGNMENT SENSORS, PARALLELOGRAM DESIGN ALIGNMENT AND COMPUTERIZED WHEEL ALIGNMENT SYSTEM, FROM BAKER AUTOMOTIVE EQUIPMENT, INC., FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO EXCEED $40,575, UNDER EXISTING DAYTONA BEACH COMMUNITY COLLEGE CONTRACTI'T H NO. 01-0021; ALLOCATING FUNDS FROM GENERAL SERVICES ADMINISTRATION GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 503001.420905.6.850. 22 September 13, 2001 • A 4,21 APPROVE PROCUREMENT OF'':ONE #21"0 }DEERE GATOR U,TT[.VIrHICTrE FItOIVI`J.OHN,DERE WORLDWIDE COMMEtCAl) CONSLTIVER DIVISION FkQR± BAYFRONT PlOk :MANAGEMENT TRUST, It EXi 'ING 'ORANGE , OtJ i `fYP PUBLIC.Sd%OOI;S CONTRACT NO' 99, 04`.08VH; $ ,01 ,41; ALIACA�E FL,TNIaShFRO�v1. CAPITAL IMPROVEIVJ E, -N BIDET OF 1 3 � RESOLUTION NO. 01-872 A RESOLU'T'ION OF THE ,MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF ONE 4X2 JOHN DEERE GATOR UTILITY VEHICLE FROM JOIfN DEERE WORLDWIDE, COMMERCIAL AND CONSUMER DIVISION FOR THE BAYFRONT PARK MANAGEMENT TRUST, UNDER EXISTING ORANGE COUNTY PUBLIC SCHOOLS CONTRACT NO. 99-04-08VH, EFFECTIVE UNTIL JULY 27, 2002, AND ANY EXTENSIONS, 1N AN AMOUNT NOT TO EXCEED $5,016,41; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT BUDGETOF TILE TRUST. h-22;;APPROVE ACQUISITION=OF T?RANSLAT.INAND ;]NT.ERPRET- NG, SERVtGE FROM "VARIOUSyEND6RS FORPDEPXAT' .EMY E P'URCHAS�NC�� z�f0 BE tiL1SED Y•, VARIOtJSx CITY DEPARTMENTS, TINDER ; 0 i QF' PARK$ ANDiE�t EATfON,:,, RESOLUTION NO. 01-874 A RESOLUTION OF TN C MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE ESTIMATED AMOUNT OF $200,000, FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (UNDER TITLE XX OF THE SOCIAL SERVICES ACT), THROUGH MIAMI -DADS COUNTY TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES FOR TIE PERIOD OF JULY 1, 2001 THROUGH JUNE 30, 2002, ADMINISTERED BY THE DEPARTMENT OF PARKS AND RECREATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE. TO THE CITY ATTORNEY, TO ACCEPT THE GRANT AND TO IMPLEMENT THE PROGRAM. 4,24 AUTHO ' ZE TO EXE! ENfP�` WITI PENIN A TIOUS7NG DEYI�OPMENT INC , XIV (CQDEC, _INC:); FOIA RECE�FT OF` �$t50,00prI�J`` HOME' INVFSTEN_t PARTNERSI-iD' (HOME) ^PROGRAM' FUNDING 'AWA9,DEA TO . f Tir DEVELQPI?R • IN WNNEC-Tl0N Vy�ITH : FINAN4IN�G OF 1p0: UNIT' VICTO, tIA;. R $ID N' .1 L APARTIVIEN`TS ^PRQJECT COrISTRUCTED IN ,LITI'I�E HAYANA< NIaIG:ORHOOD. r RESOLUTION NO. 01-875 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH PENINSULA HOUSING DEVELOPMENT INC, XIV (THE "DEVELOPER") FOR THE RECEIPT OF $150,000 IN HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS AWARDED TO THE DEVELOPER BY THE CITY FOR THE CONSTRUC'T'ION OF THE 100 UNIT VICTORIA RESIDENTIAL APARTMENTS PROJECT, LOCATED IN THE LITTLE HAVANA AREA AT 350 NORTHWEST 9111 AVENUE, MIAMI, FLORIDA. 24 September 13, 2001 4.25 A 1 ifi ' IZE :MANAGER'; TO , EX17,GLJTE 1VIUTt]AL AIb AGREEMENTS WITH; YYILL'AGE OF'j'IvIIAMI STiORES TO ; RECEDMUTUAL ,AID IIv- -LAW t r: u ENF01 1x11 ENT �S RVICES RAND , RESOC7I��CES TO„, AI�)trQUAT$L RESPOND; tTO; ITVTENSIVB SLTUATUNS, INCLUDING,NA`IIURAL OR MANMADEDIASTRS 441E EIY�ERGEI�CIES `'` ` _ RESOLUTION NO. 01-876 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING TIE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN A FOIUM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE VILLAGE OF MIAMI SHORES, FLORIDA, PURSUANT TO SECTION 23.1225, FLORIDA STATUTES (2000), TO RECEIVE AND EX'T'END MUTUAL AID IN ']'HE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMI'T'ED TO, NATURAL OR MANMADE DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA STATUTES (2000). 4 2G AIJTHORIZE'7V ANAGER TO E3�EC;[JTE MUTIJAL';AIU ;AGREkMENT W T i�GITX . OF NORTH MIAIviI ''`TO RECEIVE AND 'EXTEND MUTTJAE AIDN LA,VY': NFORCEIyENT ' S)RVICES AND R1?S6URCES TO ADEQ�TATEI;,.'ILiES',C?�TD ` T,O INTEN$IVE ° SITUAT-ION,S, INCLUDING NATURAL OR MANMADE Dj' AST RSA t EIViERGENCIES, RESOLUTION NO. 01-877 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE, A MUTUAL AID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY AT'T'ORNEY, WITH THE CITY OF NORTH MIAMI, PURSUANT TO SECTION 23.1225, FLORIDA STATUTES (200I),T0 RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCFS TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO, NATURAL OR MANMADE DISASTERS OR EMERGENCIES AS DEFINED UNDER SEC'T'ION 252.34, FLORIDA S'TAT'UTES (2001). 25 September 13, 2001 4:27 AUTHORIZE`: MANAGER TQ ; EXECUTE AMENDMFrN'P, NO; 1, TO ..'XISTING PROFESSIONAL SERVICES ACrREEIVIENI?TO EXTEND'?SAIp:AGREEMNTSF.QR'S.TX>;. MONTHS AND *REASE `COMPENSATI92 `!NFOIt SAME ` 8„S $201281 6Q,j FOR' 1A PROVISION ;4F PROJECT COORDINATOR SZkVICES, FOR DEPARTME!' OF ;t' LICE, IrI;OCATE"F ]NDS FROM SCI OOL HiSED-PARTNER,SHA',$ RESOLUTION NO, 01-878 A REiSOLUTION OF THE MIAMI CI'T'Y COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT, IN A FORA ACCEPTABLE - TO THE CITY ATTORNEY, TO EXTEND SAID AGREEMENTS ICOR A PERIOD OF SIX (6) MONTHS, AND INCREASING COMPENSATION FOR SAME BY $20,281,60, FOR THE PROVISION OF PROTECT COORDINATOR SERVICES, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE SCHOOL BASED PARTNERSHIPS GRANT 11, ACCOUNT CODE NO. 142026.290518.6.270. 4;28 AUTHORIZE.Mj�► iAGER TO:EXECUTE AMENDMENT NO,, 2 TO. USE AvREEMENT'' BETWEEN BAYFRONYTARK MANAGEM9NT-TRU9T,�-ANDp$AYFRONT VENTi,` P TO ACL RIFY PRQVISIONS RELATING TO'CHARITABIaE CRUISES;AND PIZOVIDE FOR FUEL1NCrFAT;EACII:ITY LOCATED t1T MIGDRED°AND;CAUDE`'PEl'PE BYFRQNT RESOLUTION NO, 01-879 A RESOLU'T'ION OF THE MIAMI CITY COMMISSION, WITIi ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO, 2 'TO USE AGREEMENT BETWEEN BAYFRONT PARK MANAGEMENT 'TRUST AND BAYFRONT VENTURES, IN SUBSTANTIALLY THE ATTACHED FORM, TO CLARIFY PROVISIONS RELATING TO CHARITABLE CRUISES AND PROVIDE FOR FUELING AT THE FACILITY LOCATED AT THE MILDRED AND CLAU DE- PEPPER BAYFRONT PARK. 26 September 13, 2001 4;29 AUTHORIZE ' MANAGER TO , EXECUTE IVIAIN PRINTRAIEC ; 'FOX:.;PROVISION,. Off` MAIITEI�jANCE FII�GERFRINT;. IDEN�IF�ICATION Si'STE'�!1 rFO�t DF 'THRE ;YEARS, ALLOCATE' FUNDS . FROlY1 +GREEMENT, IWYor FOUR :.AUOIyIATEI7 )LICE G�I�ERA'L OPER.ATING`-I RESOLUTION NO. 0 1 -880 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING 'l'HE CI'T'Y MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN A FORM ACCEPTABLE TO TIIE CI'T'Y ATTORNEY, WITH PRINT'RAK FOR THE PROVISION OF MAINTENANCE SERVICES FOR `T'IIE AUTOMATED FINGERPRINT IDENTIFICA'T'ION SYSTEM FOR THE DEPARTMENT OF POLICE FOR A PERIOD OF THREE YEARS, IN AN ANNUAL AMOUNT NOT TO EXCEED $27,391; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNTCODE NO. 001000.290201.6.670. .- .10 AUTHORIZE IVCANAGER TO EXECUTE .AGREEMENT WITH,, DEPARTMENT OFF STREET PARICITG FOR ;1VIANAGEIvENT ATD OPERP►TION OFA ORANGE BOvL" STADILJMiPUBLIC'P-ARKING RESOLUTION NO. 0 1 -881 A RESOLUTION OF THE, MIAMI CITY COMMISSION AUTIJORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLY: TO THE CITY ATTORNEY, WIT[ I THE DEPAR'T'MENT OF OFF-STREET PARKING FOR THE MANAGEMENT AND OPERATION OF THE ORANGE BOWL STADIUM PUBLIC PARKING LOTS, LOCATED FROM NORTIIWES'1' 2"" TO NORTHWEST 7TH STREETS, BETWEEN NOR'T'HWEST 131'x; AND NORTHWEST 17""' AVENUES, MIAMI, FLORIDA, FOR A TERM OF FIVE YEARS. 27 September 13, 2001 4'31�AUTHORIZE 1VIANAGE-'k TO EXECUTE AGREEMENT ,WITH DEP�Rfi,MENT�QF OFF,STAEET. PSG FOit 'THREE; YE S V0 -R-' MAl'�TAGElYi�I?jT AND QPE„RaAT ON . .14 G, I<OrT5: LOCA EII ,AT, COCgNUT ,G.ROVF� CON�EI I�IOI`i CETT'�'ER ANDS; P. G SOT LOCA'�ED::AT NORy�'HEAS. ORNER,OF I?AN AMERICAI�LAIZIVE AND; SOUTH:BAI'SIO DItI,VE; COCC:ONLJT GROVE. ' _ t RESOLUTION NO. 01-882 A RESOLUTION OI� 'I'IIE MIAMI CITY COMMISSION AUTHORIZING'I'HE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITII 'T'IIE DEPAR'T'MENT OF OFF-STREET PARKING FOR THE MANAGEMENT AND OPERATION OF THE PARKING flOTS LOCATED AT THE COCONUT GROVE CONVENTION CENTER AND THE NORTHEAST CORNER OF PAN AMERICAN DRIVE AND SOUTH BAYSIJORE DRIVE, COCONUT GROVE, MIAMI, FLORIDA, FOR A PERIOD OF TI IREE YEARS. 4,32 ;PROHII}IT SPECIAL:.:, EVENTS, MOTOR VA HICI{E PARKING' IN I1!IYERS PA�tK WIT+HQOT COMNSISSION APPROVAL; AFTER PLIBLICFiEARINOANDRE5TRTCTIIC SPECIAL EVENT i,USE `OF SENIINOLE' BOAT .;RAM#': GRASS, PA,RTCINC.z, ARE.. t1'Q PEITC' ONLY LIGHTER VEHICLES,' NO TRACTOR TRAILERS RMc. OR DELIVERY_: VEHICLES, FOR ANNUAL COCONUT; GROVE AitT,FESTIVAL BLJT PBRMITTiNG'ET '.P OF OOD'B:OQTHS IN MYERS P.,Alik SOLELYzf6k FESTIVAL; RESOLUTION NO. 01-883 A RESOLUTION OF THE MIAMI CITY COMMISSION PROHIBI'T'ING SPECIAL EVENTS MOTOR VEHICLE PARKING IN MYERS PARK WITHOUT CITY COMMISSION APPROVAL AFTER PUBLIC HEARING AND RESTRIC'T'ING SPECIAL EVENT USE OF THE SEMINOLE BOAT RAMP GRASS PARKING AREA TO PERMIT ONLY LIGHTER VEHICLES, NO TRACTOR TRAILERS OR DELIVERY VEHICLES, FOR THE ANNUAL. COCONUT GROVE ART FESTIVAL ("FESTIVAL") BUT PERMIT'T'ING THE SET UP OF FOOD BOOTHS IN MYERS PARK AS TRADITIONALLY DONE SOLELY FOR THE FESTIVAL. 28 September 13, 2001 • 0 4:33,; ACCEP�P, DQT,A'TION OF ` LOSS; CHdLD SRT SbiJt�'' " rot .✓ - +M - ss ' + q + Y ! PROGRAM VVHZ�H, INGiLTDES Z>IDWA�tE�'A4NA SO1T€��VARE4NijA�1'I03A�, CEIT,lOR IVIISSiNGrAIyD 'BXPLOIED�rCIII�c,"),.�►, Q I?E' �x+ ! ! µ t its : MAI�A4E1 N' O IIVS�TrRUCT CI4II;iR40F,,POTiIC,I � Td: EI�jTE �fI Q coop'. AARUUMFN,T<<WITS-'(NCMEGI,' - O .W.ILLPRO IDE TEG INI AL_ t?� SIS ANC E*A r UP�ORT FOR LOCAT`ER, , TO BE:;fUSL1�' 1Y,IMI� POLICGE>DE'�AME��. JUVEI�III;E UNIT; RESOLUTION NO. 0 1 -884 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE DONATION OF THE LOST CHILD ALERT TECHNOLOGY RESOURCE ("LOCATER") PROGRAM WITH HARDWARE AND SOFTWARE FROM THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN ("NCMEC"), FOR USE BY THE DEPARTMENT OF JUVENILE UNIT TO AID IN THE RECOVERY OF MISSING CHILDREN; AUTHORIZING THE CITY MANAGER OR DESIGNER TO EXECUTE A COOPERATIVE AGREEMENT, IN A FORM ACCEPTABLE: TO THE CITY ATTORNEV, WITH NCMEC TO PROVIDE TECHNICAL ASSISTANCE AND SUPPORT FOR THE LOCATER. 29 September 13, 2001 S,=nAP'RO CITY'S,r,CQ � �'QNSORSHIP OF,PLACEMENT, OF HIS 'ORI,CAI. M WR 1viORA1T�EERSO�i5P�ACES C M , Ab�[�,l~VI:1�T$JMROR�I'NT Il�'1, FIl$m4RX pTr CT'X`SEQNSQ]gLDY.ORANGE,$LQS;,O1Vi TiITIATIVB. Vice Chairman Gort: Commissioners' items. Commissioner Winton. Commissioner Winton: This is -- we had a brief presentation on this issue at a prior meeting and this is to formalize the entire effort. This is about the Orange Blossom Initiative, which is an initiative that's really the brainchild of Linda Hertz, who just stepped to the podium, and the idea is to create historical markers that will be placed throughout the City of Miami in appropriate public spaces. It will not cost the City of'Miami a dime. They're going to raise all of the money that's necessary to pull off this entire event. And what they're looking for from the City is just the assistance in identifying -- well, they will help identify the appropriate places, but assistance from the City to bet this job accomplished. And, Linda, would you like to add anything to that? Linda Hertz: Yes. Thank you. I'm Linda Collins Hertz. 1 live at 1257 Ortega Avenue. I have worked in downtown Miami for the past 40 years and I'm struck by the fact that there's nothing to show� how Miami got here; where we started, and what happened. And this -- it's not just my brainchild. It was a class that was attending the community college of Dr. Paul George, and Iie took its around and showed us where things happened, but there was nothing there to let the public know, and, so, we started this group. We've raised a bunch of money. We're dedicated to raising more money. We've come to the point where the Secretary of State's Historic Marker Division has a procedure set up so that we can apply for markers, we can apply for matching grants. We have to pay, in part, but then I get to the point in the application where it says, "As the owner or official representative of the owner of the property, I am aware and ag- ce to the submission of this application and to placing historical markers on my property." That's where the City comes in. We need your help in those applications and in the applications for grants, and we are willing to do all the work, and work with the City Manager and the City Attorney and the Department of Transportation and what else we have to do, but we need your approval to get beyond this point. Thank you. Commissioner Winton: So, there's a -- Vice Chairman Gort: Thank you. Commissioner Winton: 'There's a resolution that 1 would move on this next page. Resolution City of Miami Commission approving the City's co-sponsorship for the placement of historical markers, commemorating persons, places and events important in the history of the City of Miami, sponsored by the Orange Blossom Initiative; authorizing and directing the City Manager to assist the Orange Blossom Initiative with the placement of markers throughout the City; further authorizing the City Manager to execute all necessary documents in a fonn acceptable to the City Attorney with Florida Department of 'Transportation and Orange Blossom Initiative for said purpose. And I so move. Commissioner Tecle: Second the motion. 30 September 13, 2001 Vice Chairman Gort: Moved and second. Discussion. Commissioner Teele: Amendinent to the motion. Mr. Chairman, thank you. As we have all seen, Ms. Hertz's efforts are really commendable and we're grateful. Recently, the City has taken a second look at how we're approaching our Community Developmentdollars related to Historic Preservation and one of the things, Mr. Manager, is that t Believe that the Planning Department, which successfully fought me off at this point, to ensure that there was a separate Historic Planning Division within Community Development and it seems that the Planning Director and the Community Development Director ganged up and agreed that it should stay there, so 1 didn't make any motions, but it would seem to me thatthere would be an excellent opportunity to restart our planning activities. At the same time, I would specifically ask that the resolution be amended to include the use of Community Development Historic Preservation dollars, if legally acceptable, that is, I can think of no better use of dollars that benefits the city-wide effort than the use of -- now, we're talking about small amounts of money. 1 mean, you know, relatively speaking, that we really should try to do a partnership, and I think that gives us a little bit more nexus. And, so -- Commissioner Winton: 1 accept the amendment. Commissioner Teele: OK. Vice Chainnan Gort: Motion and amendment. Is there any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Corrimissioncr Winton, who moved its adoption: RESOLUTION NO. 01-885 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY'S CO-SPONSORSHIP OF THE PLACEMENT OF HISTORICAL MARKERS COMMEMORATING PERSONS, PLACES AND EVEN'T'S IMPORTANT IN THE HISTORY OF THE CITY OF MIAMI SPONSORED BY THE ORANGE BLOSSOM INITIATIVE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ASSIST THE ORANGE BLOSSOM INITIATIVE WITH THE PLACEMENT OF MARKERS THROUGHOUT THE CITY AND TO MAKE FUNDS EARMARKED ICOR HISTORIC PRESERVATION AVAILABLE TO COVER ASSOCIATED COSTS TO BE BORNE BY THE CITY; FURTHER AUTI•TORIZ.NG THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEP'T'ABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ORANGE., BLOSSOM INITIATIVE FOR SAID PURPOSE. 31 September 13, 2001 (Mere 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: APES: NAYS: ABSENT: Vice Chairman Gort: Thank you. Vice Chahman Wifredo Gort Commissioner Tornas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. 'I'celc, Jr. None. None. 32 September 13, 2001 • • G: SUPPORT AND- E10ORSE ELDER READY CO.M.MUNTTY PRn,GRM-ATQ- ASSURE THAT,ELDERLYTERSONS RECEIV°E QUALITY�,CARE',IN COMMiJNITIES WHICI� ARE BARRIE�t REE AND ENHANCE QUALI'T'Y AND7QCTANTITY t�F CAIN OPTIQI\iS FOR AGING FLiORTI�IANSz, yx Commissioner Winton: My next item, I'm going to have to defer. We don't have the documentation completed yet. Vice Chairman Gort: OK. Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. My first iter is a resolution supporting and endorsing the Elderly Ready Community Program to ensure that elderly persons receive quality care in communities, which are barrier -free and enhance the quality and quantity of care options foraging Floridians. I received information from the Florida Department of Elderly Affairs Secretary, Gema G. Hernandez, and the Florida Department of Elderly Affair is extending ••- intending to survey a number of communities in Florida to detennine their degree of elderly readiness. Being that the City of Miami has a large population in certain areas is concentrated of elderly people, this program, what it does -- is something that we've set out to accomplish, and we've discussed here in this Commission many, many times. What it does is, it helps elderly people not to be forced out of their homes, where they could stay in their homes and live in a community that will care to them. Now, 1 do not want to confuse this with a retirement community as to an elderly ready community. As we know, a retirement community is an enclosed community for people that are retired and live in that community. A ready -- an elderly ready community is an open neighborhood town or an entire city, where these elderly people can live and have certain things catered to them, such as deliveries, supermarket deliveries, sidewalks that are acceptable to them, transportation, bus benches that have roofs on them. fn other words, we are basically doing everything we can to assure that they stay in this community and not be forced out of their homes to go into retirement homes or convalescent homes or other homes. Now, the majority of the planning and ordinance needed -- need -- come from our community. 1't will be -- come from our government, and this is something that we're all going to have to work on. It is a unified attempt. We need housing to be a part of it. We need businesses to be a part of it. We need the City and the County to be a part of it. And it's just a step in the right direction. And the Commissioner who represents the district, which 1 think has more elderly people in it, itis with great honor that I move this resolution and ask for your support. And also in this resolution, it directs the City Clerk to transmit a copy of this resolution to the official designee herein. So moved. Commissioner Tecle: Second, Commissioner Regalado: Second. Vice Chairman Gort: Second. Is there a second? Commissioner Rogalado: Second, Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." 33 September 13, 2001 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO, 01-886 A RESOLUTION OH THE MIAMI CITY COMMISSION SUPPORTING AND ENDORSING THE ELDERLY READY COMMUNITY PROGRAM TO ASSURE THAT ELDER PERSONS RECEIVE QUALITY CARE IN COMMUNITIES WHICH ARE BARRIER FREE AND ENIIANCF THE QUALITY AND QUANTITY OF CARE OPTIONS FOR AGING FLORIDIANS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifrodo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None, ABSENT: None. Commissioner Sanchez.: 'Thank you, Mr. Chairman, 34 September 13, 2001 7 ,APPROVE CITY'S CO-SFONSOR'HIP OF<HOUSE'QF:;'ZOR Al'V1i>�JSEMEIyT PARK; AUT)ORIGE rSPONSRS OFSAID _EVEN`iz T4 PLAGEfaANNERS WhTH11�1 r✓ITY 'TH(7ROTJGH FAIRS�TO PRONI4TC. S'��ID' EVENT,WIICHf;VyILi. BENEFIT RON�?►'IiR 7. IyICDQNA1z:D5 IO JSEyC1iARITIES OIi §00-UTITLOI Commissioner Sanchez: My second item on the consent -- on the Commissioners' agenda is a co-sponsorship of the douse of Terror Amusement Park, by enabling this organization to place street poll banners within the City of Miami limited; announcing the Halloween event that benefits the Ronald McDonald's House of Charities of South Florida: As you know, there was an ordinance passed to safeguard the City of Miami from advertising things that weren't acceptable with the City, and this is a worthwhile charity, and we ask -- we co-sponsor this event so they could place banners through our community. The event is being held in our community and it's representing and raising money for a -- Commissioner Winton: Second, Commissioner Sanchez: -- well-known organization. So moved. Vice Chairman Gort: it's been moved and second. Any further discussion? All in favor state it by saying "ayc." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-887 A MO'T'ION APPROVING THE CITY OF MIAMI'S CO-SPONSORSIIIP OF THE HOUSE. Oh TERROR AMUSEMENT PARK; FURTHER AUTHORIZING SPONSORS OF SAID EVENT TO PLACE BANNERS WITHIN THE CITY OF MIAMI THOROUGHFARES TO PROMOTE SAID EVENT, WHICH WILL BENEFIT TME RONALD MCDONALD HOUSE CHARITIES OF SOUTH FLORIDA, upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo God Commissioner Tomas Regalado Commissioner Joe Sanchez. Commissioner Johnny L. Winton Commissioner Arthur F... Teele, Jr. NAYS: None. ABSENT: None, 35 September 13, 2001 • 0 8 .:=GRAN' REQi.IEST�RECEI, B RPAI`{ESEN ';A 'IDES OF SQUTH FI,"O IDA,AUTQ SHOWcOKSPOTSORSHII' ,OF ITS` EVI~IT, PRESI~N )CLY '.SCTi�DULED FOR; 'QBER.2bTUNOV8M8ER-4;201, OC ; x . Commissioner Sanchez: Mr. Chairman, my third item is also similar. It's a co-sponsorship of the South Florida International Auto Show, and we're requesting the City co-sponsor so they could place banners in our City. So moved. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Any discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion, was introduced by Conmnissiotier Sanchez, who moved its adoption: MOTION NO. 01-888 A MOTION GRANTING REQUEST RECEIVED BY REPRESENTATIVES OF THE SOUTH FLORIDA AUTO SHOW FOR CO-SPONSORSHIP OF ITS EVENT, PRESENTLY SCHEDULED FOR OCTOBER 26TI1 THROUGH NOVEMBER 4, 2001. 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 ,toe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None, Com missiotier Winton: Could I interrupt here for a second'? Vice Chairman Gort: Sure, Commissioner Winton: This banner thing, seems to me -- you know, these issues all come before the City Commission and it's like more and more of them. 1 mean, each of us have one or two or three per meeting, and it seems pretty silly that we're taking up this kind of Commission time to talk about something that's just relatively routine anyhow. Isn'tthere a better way to -- huh? I mean, isn't there -- well, what am i missing here? I don't get it. 36 September 13, 2001 Dena Bianchino (Assistant City Manager): Commissioner, if I could -- Commissioner Winton: We haven't turned any down. Vice Chairman Gort: Lel nie tell you. Commissioner Winton: Y'all turn them down. I-lelp me here. Carlos Gimenez (City Managcr): There may be some entities that -- Commissioner Sanchez: That will not be sponsored. Mr. Gimencz: May want these banners that the City may not want to sponsor. Commissioner Sanchez: Yeah, But couldn't that decision be made by the Manager? 1 mean, should that be a decision of the Commission always'? I'm just curious. Vice Chairman Gort: Let me tell you. The way we did it in DDA (Downtown Development Authority) when we first established that, about 10 years ago, is we had a committee and we have criterias and guidelines that's being followed and under those criteria and guidelines that were followed, that committee would take the responsibility to adopt the banners that could go up. Then it was an appeal process that was -- if there was an appeal, then it could come to us. But I think you should look at that. Johnny's got a -- OK. Commissioner Sanchez: All right. My third item -- Vice Chairman Gort: Because you don't have enough work. We want you to have some more thing to work on. Commissioner Winton: I'm done. Commissioner Sanchez: Thank you. 37 September 13, 2001 LJ • GrItAIVT: yItEQUESTIvI ' ,E ..-BY-. RPRESENTATIV.ES Q¢F `SANTA'S .ENCHANEID FUS'1 FQR?IACEIY�11'I'; OF,;.$,ATN,RS OIyIGIT�,POI,ESWITHI�1.CI'-TY Commissioner Sanchez: Well, my last item is also a co-sponsorship of the banners on light poles and related to the Santa's Enchanted Forest and, of course, they want to promote this event throughout -- Commissioner Winton: Second. Vice Chairman Gort: Been moved and second. 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. Of -889 A MOTION GRANTING REQUEST MADE BY REPRESENTATIVES OF SANTA'S ENCHANTED FOREST, FOR PLACEMENT OF BANNE3RS ON LIGHT POLES WITHIN THE CITY OF MIAMI. 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 Johnny L. Winton Commissioner Arthur L. Tecle, Ji% NAYS: ABSENT: Vice Chainnan Gort: Thank you. None. None. 38 September 13, 2001 1'0: DISCUSSION CONCERNING ,SOLICItiTATION. _ O) . LODHI�iNG TEAIvi . T R-URESENTCITY WITH CONORESS AND�FEDERAL.AGEN!CIES Vice Chairman Gort: Commissioner Tecle. Commissioner Teele: Thank you. Vice Chairman Gort: l mean -- I'm sorry. It's Commissioner Regalado. Sony. Sony about that. Commissioner Regalado: It's OK. Thank you very much, Mr. Chairman. My First item is an RFP (Request for Proposal) that .vent out for the lobbying team to represent the City of Miami with the Congress and federal agencies. The reason I placed this and it was deferred is because Congress had not finished the session and for me, it was very unusual that we will go out for bids to look for a new horse while we were crossing the river. So -- but I think that -- I read a memo from the Manager saving that the contract had been extended or either for a year or for the end of the session, and that no decision will be made until January, when Congress reconvenes; is that -- Carlos Gimenez (City Manager): Yes, sir. it's on the agenda today, the extension of that contract. Commissioner Regalado: OK. 39 September 13, 2001 0 0 1J. DISCUSSION CONCE} KING 'CITY -OWNED PROPERTY -.LOCATED .ON SOUTHWEST 24TH 'STREET, .,MIAMI, FLORIDA; ADMINISTRATION TO DEVELOP TRAFFIC PLAN ON NORTH SIDE OF US h- ANDsGORAL.WAY,'(FROM'':SW 12, AVENUE WEST -TO DOUGL�ASROAD); Commissioner Regalado: My second item, it's a more complex item. And, Johnny, I want you to listen to this because I need your expertise on this for many reasons. There is a City -owned properly located on Southwest 24th Street and 20th Avenue, and this is in district 4, but by the way, it's one block from Johnny's district, which starts on the South - no, north sidewalk of 24th Terrace. The reason I'm saying this is because there are two issues here. There is an empty lot -- actually, there are two empty lots that used to be a park, but several years ago the City Commission changed the zoning from park to residential. We tried to sell the land. We didn't get three bids. This was about three years ago or something like that. Now, if you go by there, you see a new sign that has been placed there saying this is a park, with the name of the person that donated this land to the City. There's several problems here -- and the sign was placed about two or three months ago. Now, the problem here is the following: There is an apartment building next to this empty lot. This apartment building is a Section 8 HUD (Department of Housing and Urban Development) apartment building. The people that live there arc using the City lot every weekend to do flea market, cliangc oil, tires, filter oil filters and whatever, and sometimes the NET (Neighborhood Enhancement 'Team) Office says, "Well, we don't see it." I've seen it. I've seen it personally. I see the Ilea markets -- you know, like the hangars saying "selling clothes" and all that. Now, we should go out and try to sell that empty lot so anybody can build a house or whatever can be built there, I have got calls in my office and I refer the calls to Asset Management. So, that's one issue. But the other issue is the building, and the history. Commissioner Winton: Is there a building and a lot; is that what you're saying? Commissioner Regalado: Yeah, it's a building -- Commissioner Winton: So, there's two lots. One of them have a building on it. The other is a lot that's vacant. Commissioner Regalado: Yeah. There is a building and there is a lot on one side of the building that belongs to the City. There is another lot in one -- the other side of the building that belongs to the City. But only one. Laura Billber-y (Director, Asset Management): If I may correct that. If I may. 'There are two lots located to the East of the building that are City owned lots. There is a vacant lot located just west of the building, which is privately owned by the same owner as the apartment owner. Commissioner Regalado: And that is my point. I've done a little research. There is resolution dated October of, I think, '88, and then another one in '79, which really -- I cannot understand. My understanding is that the reason that that lot is called a park with a name is because there was a person that died and left the City that property as an inheritance. "Then somehow, somehow the City either sold the building or do something with the building. And then, somehow, it's a 40 September 13, 2001 resolution dated on 1988 for the owner of the building, selling to the City for ten dollars (810), 1 think, the empty lot or something on that matter. The problem that I see is that we do not have enough enforcement on that building. It seems that the County docs not want to enforce. I have gone into that building, invited by the tenants, and there is a problem with that building. And the problem with that building extends to the streets because these are poor people. They park on the driveways. There is a total nightmare in those two blocks, and there's nothing that we're doing because it's after five when all the parking spaces are -- driveways are blocked, and during the weekends they do a Ilea markets and mechanical work and all that. As a human, I really hurt for those people that live inside because that building belongs to a company that is run by Mr. Art. Martinez, which Miami New Times called the Night of Blight, and this is the people that came here to -- let me tell you. '['here are holes in the floors; there is a problem with that building. And I don't know why we cannot. go in -- because, you know, until the owner tell the people not to do their thing -- because if the police goes this and find fifty dollars ($50) to one of those workers, the whole paycheck is gone for them. But nothing is being done with the owner of that building. No County enforcement of the regulation. No City enforcement of the regulation. I don't know what is happening with that building. But meanwhilc, the people around have a problem and i just wanted to know, what can we do to, as humans, help those people inside the building, which is not a City responsibility, will be a County, but as a City to protect the residents? And 1 just don't understand why .I've been told every time and every time there is nothing; going on there. I've seen it. I bo there. I've seen it. Commissioner Winton: Commissioner Rcgalado, could you and i go to that site together? Commissioner Rcgalado: Oh, yeah. Oli. Commissioner Winton: -- in the next few days we could -- Commissioner Regalado: i'll show it to you. Oli, yeah. I'll show it to you. Commissioner Winton: Because I can get a picture of the placement and that picture of the placement from you because it. sounds like -- Commissioner Teele: Public notice. Vice Chairman Gort: The problem -- Commissioner Winton: Have to public notice it. We can do that. Can't we? Alejandro. Vilarello (City Attorney): So, you're going to call a public meeting -- Commissioner Winton: Yeah, Vice Chairman Gort: Yes. Mr. Vilarello: Sunshine law meeting between Commissioner Regalado and Winton? 41 September 13, 2001 Commissioner Winton: Right. Commissioner Regalado: Oh, yeah. Wc've done that -- remember, that we did that -- Willy, there was a public notice that the Mayor -- when we were friends -- and you and I, we went to see a house and it was a public notice and all that. So, I just want to -- Commissioner Winton: Commissioner Tcele and I have had a number of public notice meetings and I hope that we have more. And I think that we ought to -- individually, when we have these kind of issues, public notice them. Vice Chairman Gort: That's it. Commissioner Regalado: Because -- because -- Commissioner Winton: We're doing everything in the sunshine. Commissioner Regalado: Johnny, it affects your -- Commissioner Winton: Absolutely. Commissioner Regalado: -- your district because it overflows to your district. Commissioner Winton: Well, even so, it affects our City and I can help and I want to help, so let's you and I pick a date. We'll get staff to ger our calendars together right now and then we'll talk to the Manager and the City Attorney about a date. Vice Chairman Gort: Let me tell you what the major problem is because I went to a Homeowner's Association meeting there and this building sits in (lie middle of a beautiful residential area, i mean, this building's been grandfathered in and if this building is being misused, what happens is, the whole neighborhood gets ruined. Now, the only problem now the only -- Commissioner Regalado: And, Willy, excuse me. Just for the record, on that neighborhood association, i was there but i left immediately when Willy came in. So, I don't know what you discussed with them, but I just want to be sure. And he's right, the issue, the whole issue on that meeting was that building. Commissioner Winton: Well, could you and I -- could we move this subject to the next Commission meeting and you and I will go visit in a publicly noticed meeting before then? And it will give us a chance to talk to staff also and come back with a series of recommendations. Vice Chairman Gort: tact me tell you the other problem that we've had. A lot of young couples are moving back into that area, which is something that we've been looking for. They have kids and with congestion that takes place oil Coral Way, you have people going through the roads there, although there's four stop signs on the corners. People arc going through there 40, 50 42 September 13, 2001 miles an hour. Somehow, we have to get a police force -- the motorcycles to enforce on this speeding in that arca. it's very important, too. Mr. Gimenez: Yes, sir. Yes, sir also, if we could get the date, Commissioner Winton, Commissioner Regalado, I'll be happy to go along with members of the staff to take a look at the situation. Commissioner Winton: Great, And I -- on this traffic issue, it's a much bigger issue than just that intersection. We had a neighborhood association meeting not long ago for. a part of that area because part of that area, as Commissioner Regalado said, is my district. And it is crystal clear that we need to develop a traffic plan, a new traffic plan for the whole area, essentially running on the north side of US I -- between US 1 and Coral Way, from 12th Avenue west to Douglas Road. Those are perfectly grided streets that are great for commuters who are try trying to get out of the City and into Coral Gables and into west Miami and into wherever else they're going, to get off of the main thoroughfares and to just cut through the neighborhoods. And -- Vice Chairman Gort: Johnny, I'm sorry. Let me interrupt you for it second. Can we get somebody to keep the meeting outside quiet? Go ahead. Commissioner Winton: So, at that meeting -- and Commissioner Morales was there -- I called for a joint master planning effort for that that whole area, Commissioner Regalado, that whole area because it isn't just one intersection where we've got people going through stop signs. We need to -- Commissioner Regalado: Johnny, the people in that street in those two blocks, they don't even want a master plan. They want: to park their curs. They can't. They want to go out of the driveways. They can't, because it's blocked. And on Sundays, i mean, you can buy anything there if you want to ort the flea markets and all that. Commissioner Winton: No. But my point is, that whole area, we're going to have more and more problems just from a transportation -- traffic standpoint if we don't address it now. Address that whole issue of how cars mote. Commissioner Regalado: And let me tell you. All those streets from 21 st -- from 22nd Terrace to US 1 are going to be crowded when, in January, FDOT (Florida Department of Transportation) starts the Coral Way reconstruction. People are going to take side streets and it's going to be difficult. So, I'll place this on the agenda for the 27th. 43 September 13, 2001 • 0 12, tixtANT rWAN>E1tz , OF ,�tENT .` p FEES FQR,' JUSEF AA�T'Sr KIDNEYMAY; FOUN��►,�ION'�AT MrANUE� ,ARTAYiE CQMI�SUNIIT°Y CEN�t'EI� �F4R °P$�IOD�NyOT `Tp Commissioner Regalado: The other item, Last Saturday, there was the opening of the Joscfina Castano Kidney Foundation, and I'm asking the Commission to waive the rental fees for 90 days so these people can get their things in order, and go on after 90 -- for the next 90 days, they will be -- start paying rent on the Manuel Artime Community Center. This is a supportof the City so they can start offering -- and, by the way, all the clients of this kidney foundation are City of Miami residents, are elderly people from the arca of Little Havana, West Little Havana. Commissioner Teele: How much is the monthly rent'? Commissioner Regalado: How much is it? I don't know Laura Billberry (Director, Asset Management): The rent is eight hundred and ninety-eight fiRy- seven a month, And they are already received a -- one 90 -day waiver, Commissioner Teele: Second the motion. Commissioner Winton: How much did you say it was? Ms. Billbcrry: Eight ninety -tight fifty-seven a month. Commissioner Tecle: Two thousand seven hundred dollars ($2,700) for the City. Second the motion. Commissioner Sanchez: Discussion? Hearing none, all in favor say "aye," The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposing, having the same right, say "nay." .Passes Unanimously. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-890 A RESOLU'rION OF THE MIAMI CITY COMMISSION GRANTING A WAIVER OF RENTAL FEES FOR THE JOSEFINA CASTANO KIDNI?Y FOUNDATION (TME "FOUNDATION") AT THE MANUEL ARTIME COMMUNITY CENTER FOR A PERIOD NOT TO EXCEED NINETY DAYS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH TI I E FOUNDATION FOR SAID PURPOSE, 44 September 13, 2001 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Tecle, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort 45 September 13, 2001 i 3. APPROVE. REQUP,$T 'MADE BY REPRESENTATIVES" , OF `COMWIN1TY. COMMITTEE ;POR DEVELOPMENT :irHAND�GAPS, IN FOR OFFICE' SPACE SAT NDRA DE =1✓UCA B[JILDINO t,IN KINLOCK PARK OST-AN'PICIPA`IIUtT TTfAT SAID LtSLr WILD BE'FOR'ONE YPt, CONDI')IONING SAID RE(�UESTT�HATF :GROUP ItECEIVES� COMMUNITY D1�VEL,C)PMENT HLOCK QRANT {CI?i G) F;UNDR4 :. THROUGH; CITY, TH�� 4,t1T,X SHALL PRO RATE MONEY .Al GATED TO GROUP: Commissioner Regalado: The other item is community committee for development handicaps. I think that Lori has already a resolution to house this organization, which we should welcome into Miami because it's going to serve Miami residents for the first time, after working in Miami - Dade County. And they will be using some probationary space at the Kinloch -- at Sandra De Luca Development Center Building, located in Kinlock Park, in exchange we will be getting what? Laura Billberry (Director, Asset Management): 'They are going to waive our dues fees, which is about seven hundred fifty dollars ($750) a year in exchange for being able to use the space. Commissioner Regalado: And these arc for Miarni residents? Ms. Hillberry: That's correct. Commissioner Winton: And this is for how long? Ms. Billberry: It's a month-to-month revocable license agreement. The waiver of fees would be -- on the anticipation of a one-year basis, but it would be pro -rated if necessary, if we had to cancel. This group (lid receive CDBG (Community Development Block Grant) funds as part of this program for their operations, Commissioner Winton: But they won't become a permanent tenant -- Ms. Billberry: No. Commissioner Winton: -- in our -- Ms. Billberry: No. Commissioner Regalado: 1\o. And when they get funds, they will have to pay rent to the City. Commissioner Winton: Great. Thank you. Commissioner Regalado: OK. There is a motion. Vice Chairman Gort: OK, ft's a motion and a second. Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 46 September 13, 2001 The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 01-891 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE; A REVOCABLE LICENSE AGRIa:MENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH. COMMUNITY COMMITTEE FOR DEVELOPMENTAL HANDICAPS, INC. ("CCDH"), TO PROVIDE FOR CCDH'S USE, ON AN AS -NEEDED BASIS, OF APPROXIMATELY 100 SQUARE FEET OF SPACE WITHIN THE SANDRA DELUCCA DEVELOPMENTAL CENTER BUILDING LOCATED IN KINLOCH PARK AT 4560 NORTHWEST 4"' TERRACE, MIAMI, FLORIDA, TO ASSIST INDIVIDUALS AND THEIR FAMILIES WITH DEVELOPMENTAL DISABILITIES 13Y IDENTIFYING AND ACCESSING NEEDED SERVICES, SUBJECT TO CCDH WAIVING THE CITY'S NEXT ANNUAL DUES PAYMENT AND AT TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE REVOCABLE LICENSE AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of"the City Clerk.) Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the fol lowing vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Jolamy L. Winton NAYS: None, ABSENT: None. 47 September 13, 2001 14. DEFER -CONSIDERATION OF DISCUSSION REGARDING AT&T BROADBANDi", IvMANAGERI TO DURECT DESIGNATED .STAFF wT0 `'ORK }?1!ITH qOrViM..ISSIO R: REGALAD'O IN REFININGe"HIS SUGGESTION ,IAT&T"PE ALLOWI✓D` TO "PROFFER: its- ., 1 ,. SPONSORING,ONE'.PARK`IN'FAC1itCOMIVI:ISSiON DISTRICTSOR'O�E PEAR; $10,Op0, FOCH PARK;,INSTALLING, L-' �' - F140OKLTR5 IN FULTR<tiSITE$ WITHIN CITY, ' ti, SWITCHINGCUSTQMERS TO BROAIaBAND, FREEZE CABLE RA�T'ES FROM" NOVEMHLR 2001,: UNTIL; APRIL 2002 IN LIEU OF PAYINGt, FINES: DUE Ash A-- $ULT OF AT&T'S' FAILURE TO TIMELY ;COMRLETE`;'INSTALLATION`° OF: "SYSTEM BY' DEADL N, E;, ?; Y Commissioner Regalado: The other item has to do with AT&T Broadband and options to the City of Miami resulting from the postponed installation of the broadband system on the 26"' of July meeting, the City Commission direct me to meet with AT&T (American Telephone & Telegraph) and bring you some of tilt options that you could consider in lieu of AT&T paying for a fine. Remember, that we were told at that time that AT&T did not complete the September I" installation project throughout the City for the broadband system and they were supposed to be fined one thousand -- by one thousand dollars ($1,000) a day, i was later told -- l was later told that it was two thousand. Anyway, one of the proposals -- one of the things that 1 thought when I was talking to Ms. Bisno know from AT&T is, the will of the City Commission to do something for the parks in the City of Miami. So, I -- one of the things that I propose -- and it's on the document that I sent you, among several, but the first thing would be that AT&T will sponsor a park for it year with one park in each of the five City of Miami districts. The parks will be chosen by district Commissioner with the City Manager and the Parks Director advice. And that AT&T will provide no less than ten thousand dollars ($10,000) for each of these five parks. The second proposal was that AT&T would install the capability of going live for NET 9 from three sites in the City of Miami. One being the Miami Police Department because in any and all emergencies, the EOC (Emergency Operation Center) is at the Miami Police Department and we should have the capability of going live with any -- like the other day with the events in New York and Washington, with any information to the public. The second site will be the Manuel Artime because it's a City -owned theater that can accommodate many, many persons in case of a public hearing. And the third site is one to be chosen either in Model City or Liberty City, so we'll have the three geographical points of the City. AT&T has the capability of installing the system to go live from these three points. Now, the last. thing and what 1 consider is important, and I thought that I was carrying on the message of the City Commission, whose main concern is to protect and to give relief in any kind to the people of Miami. It's about the rates for the cable system, although we are mandated by federal law that we cannot set rates to cable systems, we could, however, enter into agreement directly with the company, should the company accept, and you accept this proposal to do the following: AT&T, it's about sixty percent to seventy percent done with the broadband system. That means that in October 30 -- more than 35,000 customers will be switched to the broadband, There is no option for anybody to stay on the old system. We all going to be switched to the broadband. So, by doing that, AT&T will raise the rates of the broadband service because it. has more channels and it has more access in other areas. The minimum rates for a client will be six dollars ($ti) a month. That is something that 1 think it will be a burden for many people who are in fixed income and who has the cable system and who need the cable system to have entertainment and company. So, my proposal -- and their agreement in principal -- was that AT&T will switch the customers to the 48 September 113, 2001 • 0 broadband but will freeze the rates -- in -rates from the moment it kicks in November to April of next year. By that time, they should be done. What this means is that the regular customer will be saving thirty dollars ($30) in the next five or six -- it's six dollars ($G) per month for five month. That will be thirty dollars ($30) saving for more than fifty thousand customers in the City of Miami. That is the proposal that l sent you.. Actually, in the letter that t sent you last week, it was said that the freeze on the rates will be until February, but there are certain issues and AT&T will extend that to the April bill. So, we will have no raise in October, November, December, January, February, and March of 2002. That is the proposal in lieu of the tines, and (he City Commission would have to decide on what is it that you want to do. If you want to go with the fines or if you want to go with this alternative option. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Thank you. Questions? Coni inissioiler Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Tecle: 1 know that there was a lot of discussion -- attempted discussion on this issue for the last two meetings, I guess, and before we recessed for August, we asked Commissioner Regalado to be a committee of one, if you will, and make a recommendation, and I would like to again, 1 guess, -- I hate saying it like this because we commend each other and we're always slapping each other on the back and the staff and this. But 1 really do think we have a complicated issue here and Commissioner Rcgalado has attempted, I think very faithfully, to carry out the charge that we've given him and I want to offer my congratulations to you. My concern is a legal concern to the City Attorney. I.s there a representative of AT&T here? And, ma'am, would you take the stadium -- podium, please? I had a meeting scheduled in the events of Tuesday washed out our meetings. i guess we couldn't meet in the venue. The building was closed. Would you just put your name and address for the record? Susan Bisno: Sure. My name is Susan Bisno. I'm at 1800 Sunset Harbor, Miami Beach. Commissioner Toele: Mr. Chairman, Mr. Attorney, with due recognition of everything that Commissioner Regalado has said, I would strongly prefer that his statements and the proffered agreement, come from AT&T in the manner in which he has said. I think, for a number of reasons -- and I'm not sure where counsel is. i've not had the opportunity to discuss this with counsel. But I, for one, would certainly be willing to set a proffer that has been outlined by Commissioner Regalado, if it came from AT&T. I just have some real concerns about elected officials -- and I'm trying to protect the Commission, individually, and as a body -- making this kind of agreement and enforcing it upon you, when it's -- we don't have anything in writing from you. This may be something, with all due respect, that five or six levels above you, somebody may say, "Hey, we don't want to do that." And, so, just to protect you in your role and to protect us, I prefer, unless the City Attorney has an objection, that the proffer came from AT&T and, at the same time, i would also prefer that the proffer include that the decision of the five parks be made not by the individual Commissioner, but by the Commission based upon a 49 September 13, 2001 • 0 recommendation from the Manager, a written recommendation from the Manager. And, again, what that does is, is it ensures that the staff is involved in this -- 1 would hope the management would not be so disposed as to recommend something in a district without conferring with the district, the duly elected representative. But I think it puts it in a little bit different context, but 1 think everything that Commissioner Regalado has negotiated is preserved and I really would like to hear from the City Attorney or Commissioner Regalado, if I could, and then the City Attorney and then from you. Commissioner Regalado: Thank you, Commissioner. I had -- didn't confirmation from Ms. Bisno on the issues. She would tell you that apparently AT&T agrees with that. I thought that the most complicated issue was the price freeze. Commissioner ,rcele: The price freeze. Commissioner Regalado: Because we do not have the power to set a freeze on any prices, but it was AT&T who suggested that possibility and debate were the only thing that were included in the talks. Now, I did suggest the parks and... Commissioner Teele: No, no, no. I'm in frill agreement with everything that you said. Commissioner Regalado: No. .But I'm saying... Commissioner Teele: 1 would just strongly prefer, even because you've got an issue, which legally we can't impose and somebody could subsequently come by and challenge it on, you know, how life changes and people that are here today aren't here today kind of thing, and hope you'll be here forever. But I9n in full agreement with everything. I just think that if it came from AT&T and we were accepting the proposal by AT&T, we're legally protected and it would be the same on all of the elements. Commissioner Regalado: It's actually AT&T who has to propose to the Commission because it's the Commission that has to decide. You have two options. You can start the funds immediately or you can set those alternatives, and she would propose -- I don't know. She would say that, if she wants the fines or if she wants the... Commissioner Teele: Her proposal. Commissioner Regalado: Right, Commissioner Teele: So, Mr. Chairman, if I may. Madam -- Mr. Attorney, would you just comment, please, on the record? Alejandro Vilarello (City Attorney): Yes. With regard to this proposal, this is the .first time I hear of it -- that, in fact, I think, as the Commissioner has discussed this issue, it's in lieu of the fines, and the fines would be running because AT&T's not prepared to go. I do however think that it was an appropriate suggestion to have AT&T proffer this agreement and let us review it and bring it back at your next Commission meeting. 50 September 13, 2001 9 • Vice Chairman Gort: How many subscribers do you have? Ms. Bisno: In the City? Vice Chairman Gott: Yes. Ms. Bisno: About seventy thousand, Vice Chairman Gort. Seventy thousand subscribers? Ms. Bisno: Seven zero. Seventy thousand. Vice Chairman Gort: Seventy thousand. Commissioner Sanchez: Mr. Chairman, if I may inquire? If I just may inquire. You stated you're about seventy percent completed on single-family homes? Ms. Bisno: Yes, sir. Commissioner Sanchez: And that's -- a hundred and twenty thousand of a hundred and seventy- two thousand? Ms, Bisno: Yes, sir. Commissioner Sanchez: That leaves you with fifty-two thousand subscribers or consumers that are not hooked up'? Ms. Bisno: Well, it's homes past. You know, there are many people who don't choose to take cable. So, we look at it as the numbers are there or the total number of households. The number of people that we could serve. Yes. Commissioner Sanchez: The options that are presented, just for a point of clarification on the options. Option one is AT&T, with a fine of two thousand dollars ($2,000) per day, which basically, nine months, adds up to ballpark figure of about six hundred thousand dollars ($600,000). That option -- option "13" is to pass that savings on to the consumers or the users of the cable. With the adoption of five parks, ten thousand dollars ($10,000) each park, and then three on-site castings in the City. Now, let's do the numbers here. Two thousand dollars ($2,000) - first of all, if this was a private sector, you'd be writing your check today, all right, but being that it's government and the savings may be passed on to the consumers -- which is now options that Pin waiving. 1 haven't made up my mind on it yet. But it' you do the math, which is two thousand dollars ($2,000) for nine months? Ms. Bisno: Well, that's the other thing. We haven't talked about the date of the extension. We had asked for a year, but because of the ordinance, only allows... 51 September 13, 2001 Commissioner Sanchez: Well, no. Right now what is proposed nine months. Ms. Bisno: Yes, to June. Yes, sir. Commissioner Sanchez: That's a round ballpark of six hundred thousand dollars ($600,000). Ms. Bisno: Yes, sir. Commissioner Sanchez: Correct me if l'm wrong because I failed pre -algebra twice. Ms. Bisno: Pardon? Commissioner Sanchez: I failed math twice, Ms. Bisno: No, no. l believe that is correct. Commissioner Sanchez: If we were to say versus the AT&T, the savings from the November to April, which is six months... Ms. Bisno: Right. We had actually -- Commissioner Regalado and I had actually spoken about four months. We were supposed to begin providing service on the new system in October. So, it would have been October, November, December, January. l shared with him this morning that we've moved it back to November for a variety of reasons, and now we're discussing six months. So... Commissioner Sanchez: So, it's six months now? Ms. Bisno: Well, this is what Commissioner Regalado just said and we're open to discussions with the City of it. Surely. Commissioner Sanchez: No. l want to look at the numbers and see what deal we have. Ms. Bisno: The four months came out to about three hundred thousand dollars ($300,000). I mean, I know the math you're talking about because though the numbers the Commissioner was talking about, that we discussed, were about thirty-two thousand customers. That's about eight thousand customers a month. 'That's what we plan to -- the cable languages... Commissioner Sanchez.: So, wait, wait, wall, wait, wait. Don't confuse me now. Ms. Bisno: OK. Conmmissiotter Sanchez: We don't know the numbers. It's a fuzzy number. We don't know the numbers, Ms. Bisno: No. 52 September 1:3, 2001 Commissioner Sanchez: assurance. Ms. Bisno: Right. Is it fifty thousand -- see, that's something. What 1 would like is Commissioner Sanchez: Because you're telling :ne that these customers that are going to be hooked up, they're going to be saving six dollars (SG) -- Ms. Bisno; Right. Commissioner Sanchez: -- which adds up to thirty dollars ($30) savings, but what assurance do we have that they're going to get that savings? Ms. Bisno: Right. Commissioner Sanchez: And that's one question of the many questions that 1 have. Ms. Bisno: Right. I'm just... Commissioner Sanchez: And I just want to analyze everything (inaudible) put everything together... Commissioner Winton: Well, how many of those customers are there, too? I'm confused. Commissioner Sanchez: Well, customers -- let's use fifty-two according to the letter -- the document you sent, which is -- it's fifty-two thousand people that have not been hooked up yet. Commissioner Regalado: Joe, can I say something? .lust because I've been studying this issue. Commissioner Sanchez: I yield. Commissioner Regalado: There are already thirty-two thousand customers ready to go on-line on the broadband. These people are going to get -- they could get a raise in their rates, thirty- two. So, each month they would add -- each month ... Vice Chairman Gort: It's a hundred and ninety4llree thousand dollars ($193,000). Commissioner Regalado: OK. Each month they would add more customers because they're working on the construction. So, each month they would add five thousand customers per month, until they have a hundred percent of the City completed. What this means is, that in November, if you were to decide to go for a fines, in 'November, thirty-two thousand customers would get a six dollar ($C) raise in their rates. In December thirty-seven thousand will be paying more. In January forty-eight thousand. Until we get to seventy thousand. Commissioner Sanchez: Tomas, I understand. But what I'm trying to accomplish here is to compare one to the other. 53 September 13, 2001 Commissioner Regalado: Right. Commissioner Sanchez: Whether they pay the fine -- and please don't inten-upt me. Whether we can pay the fine, which is approximately six hundred thousand dollars ($600,000) or would have to pay the City or the savings to the consumers, what number that is? Now, if you're telling me - - the numbers you're telling me -- and l'm not using the numbers that are on this document. Then we're talking a savings -- you're talking almost six hundred thousand dollars ($600,000) that they would have to pay the City versus the three hundred and fifty-two thousand dollars ($352,000) that they would pass on savings, plus fifty thousand dollars ($50,000) -- ten thousand for each park -- and the other -- let's put an estimated cost of the three sites, thirty thousand dollars ($30,000), tcn thousand fbr each site. You do the numbers, and it gives you four hundred thousand dollars ($400,000). Still, they get away with two hundred thousand dollars ($200,000). We're giving them a break of two hundred thousand dollars ($200,000). So, you know, I don't mind, as long as the numbers match up. But when you compare six hundred thousand dollars ($600,000) to four hundred and thirty-two thousand dollars ($432,000) -- and, you know, we're looking at a budget that, right now, we're basically bones. We can't -- we're bleeding. So, that's a concern that 1 have. Commissioner Teele, please, sir, if you'd lot me finish. So, that's a concern that I have. i don't have a problem continuing to negotiate this and making sure that, at the end of the day, you're going to tell rne, "All right. We're not going to give you six hundred thousand dollars ($600,000), but we're going to pass on the savings to the taxpayers of six hundred thousand dollars ($600,000)," then I could accept that. But 1 sure can't sit here, as a legislative of this body, and allow you to say, "OK, listen. You know, we're not going to pay six hundred thousand dollars ($600,000). We're going to give you four hundred thousand dollar ($400,000.00) in tax breaks" and you get away with two hundred thousand dollars ($200,000), Which is, at the end of the day, whether who's fault it was, whether it was yours or us -- and I'm sure there's blanie in both sides of this debate -- Nve have to do what we think- is right for the taxpayers. So, basically, with these numbers -- and, once again, I do not know the numbers exactly, but I'm just going with the numbers that you have provided me on this document, that clearly from this letter you're telling me that fifty-two thousand people have not gotten their -- those are the ones that are going; to benefit from this break, which you multiply that times thirty, and it basically gives you seven hundred and eighty thousand dollars ($7$0,000). Now, I don't have a problem with saying, OK, the City's not going to collect six hundred thousand dollars ($600,000), but the customers are going to get a savings of seven hundred and eighty thousand dollars ($780,000). That's great. 1 don't have a problem with that. But when I hear the numbers that Commissioner Regalado is giving here and you're saying, well, hey, we're not going to pay six hundred thousand dollars ($600,000), fine. We're just going to pass the savings to the taxpayers, two hundred thousand dollar ($200,000). We save four hundred thausand dollars ($400,000.00). That isn't fair. Now, on the parks, I don't have a problem with that. I think it's a great idea. One of the things this City lacks funds for parks, and I don't think any Commissioner has ever made --jumped off the deep end and said, hey, we're going to cut the budget on parks. f mean, that's one that we need to put more money in. So, I don't have a problem with that. I don't have a problem with you and AT&T acting in good faith and donating ten thousand dollars ($10,000) to each park. But what I want at the end of the day is assurance -- and I think that we can work that out if we don't come to an agreement today, Regalado -- is to have them, on a biweekly -- every Commission meeting; to come here and give us an update on the proper 54 September 13, 2001 progress that AT&T has made, you know, on this plan. And we could create a name, such as the Penalty Alternative Plan that we could-- but at the end of the day, I'm only going; to support it if you tell me, hey, listen, I'm not going; to pay the six hundred thousand dollars ($600,000) but I'm going to pass on the savings to the consumer, and that's one of the issues that I have. The other issue is on the providing live cable sites. I want to make one recommendation -- and i hope it's not bias, but one site that 1 would ask this Commission to look at, not only for a good service, but also for representing and getting the whole community events, is Bayfront Park because we have concerts there. We constantly have engagements there. This could be televised throughout the City free. So, in other words, you don't have to be at Bayrrotit Park and say, you, I didn't make it that day but you can room in on Channel 9 and catch the event that's there. So, that's the only recommendation that I make, Commissioner Regalado. I hope I didn't burst your bubble on this at the end of the day. I just want it to be a fair deal. Commissioner Regalado: No, no. It's fair. The reason t suggested those three sites is because those would be emergency -type broadcasts, Police, Artinle, and Model City. We're talking about City Commission meeting. But entertaining -- entertainment for the people is great.. I think that's going to work out. You all have an option. if you impose (lie fines, I am sure that they would move faster doing their construction because they would try to end the system sooner than later. So, that is an option that you have. If you take this proposal and we reduce the amount, of money that people have to take -- and I do agree with you, that the figures have to match, but I don't think that if we start getting the fine, we will get the same amount that we're talking. They would be finished before nine months. I ani sure of that because, you know, they would have the City breathing on their neck on that. if you all decide -- the only thing that I ask, if you all decide for the fine, which is fine by tile. I mean, I just gave you two options. We should dedicate that money to something, not to go into the general fund. So, there's two options. You can either go with the (inaudible) and do the numbers and the parks and the live sites or you can go with the fine. if you go with the fines, the only thing 1 would suggest is that we dedicate that money to a certain thing in the City of Miami. Vice Chairman Gort: Commissioner Regalado, 1'd like to give you a suggestion. i think Commissioner Tcele brought up some real good points about having our staff, our attorney, to coilie back with the right documentation. At the same time, on this documentation, when it comes back to us, according to the figures that I have here, you said thirty-two thousand people come aboard right away in one month. That's equivalent to a hundred and ninety-two thousand dollars ($192,000)? Ms. Bisno: May I interrupt you? Vice Chairman Gort: Yes. Ms. Bisno: That's not correct, and I apologize because it is very confusing. As I said earlier, we will be bringing about eight thousand people a month from the old system to the new system. The thirty-two thousand number that Commissioner Rcgalado and I had talked about -- and I apologize if 1, in any way, have been unclear, Commissioner. I really do -- is the number that. would have completely been on the new system after four months from the ... 55 September 13, 2001 • 0 Commissioner Teele: After four months? Ms. Bisno: Correct. And I want to be very, very clear about that. So, when I did the -- thirty- two thousand. So, when I -- which represents about... Vice Chairman Goi1: The other question that I have is, as you bring eight thousand people aboard, those people will get six months? Ms. Bisno: Those people get what? I'm sorry. Vice Chairman Gort: Will get six months. Ms. Bisno: Get -- oli, well -- correct. Right. We had talked four, but it's certainly— Vice ertainly—Vice Chairman Gort: And then the other will get six months. hi other words, it's not six months from November to April, as they come aboard? Ms. Bisno: No, no. It would be -- well, the plan we discussed -- and clearly we're still discussing it -- was that we would not do the hroadband increase until March or April or whatever the agreed upon date was, but not that every customer coming on would get six months, no, sir. That is not what we talked about. Vice Chairman Gort: OK. Because that changes the numbers completely. Ms. Bisno: Yes, it does. Vice Chairman Gort: OK, Coin in i ssioner Tecle: Mr. Chairman? Vice Chainnan Gort: Yes, sir. Commissioner Teele: I was about to recommend -- and I guess I apologize to Commissioner Sanchez -- that what we really should do is ask the staff to go through -- I mean, it's nothing - 1 guess, less glamorous than to see Commissioners trying to figure out numbers when the public is looking at it. It looks -- and we all do it and 1 do it and it just -- i thought it would save a lot of time if we asked the staff, the professional staff, the management office or the internal auditor or - whoever the persons that deal strictly with numbers, to do sort of an assessment. Let me just be very clear. I am not going to be for the fine, under any circumstances, as long as you all are "A", cooperative with our staff, and "B" that the public -- and you're being responsive to the public in terms of complaints. The number of complaints that we have been feeling have gone from a trillion a day to basically very few, if any. So, I've got three or four complaints that I'd like to make, but I'm not going to use any official position to make those complaints about certain areas ofthe City that are not connected right here the bay. 56 September 13, 2001 • Vice Chairman Gort: You know, my dad would have been here (inaudible) no, no, you can't come. Commissioner Teele: But the fact of the matter is, is that I think we, as a Commission, need to understand two or three things. First of all, a tine is something that is in the record of the company forever, and to impose a fine is -- while we use this loosely -- is really something we should avoid doing unless it's necessary and we have the right to impose a fine. They failed to meet what the time line obligation, but it would be much, much better if the financial analysis is done by the professional staff -- if we're going to give them a four hundred thousand dollar ($400,000) advantage or an eight hundred thousand dollar ($800,000) advantage, to me, that's not really the issue. What is the issue is that we disclose and it be public as to what the financial advantage is, and I'm not at all -- because I don't think you can equate what we give the citizens versus what government takes in. And 1 -- any time government takes in something;, there's a huge administrative cost onto it. So, you know, arguably, it's much better to leave the money in the hands of the citizens than to give it to us as government. 1 mean, you know two to one, three to one, whatever that number is. And, so, l just think that the best course of action is that we not use any way of clouding this issue because I think this issue is going to have to be reviewed at the corporate level. Are you all being taken over now? Did I read somewhere where there's a new squad coming in that something'? Ms. Bisno: I read the consumer press just like you do, honestly. Yes, there have been a lot of discussions in the papers the last !bw days about American On Line (AOL), Time Warner, Microsoft, (inaudible)... Commissioner Teele: And some kind of swap about properties somewhere in the northeast with us or something? Ms. Bisno: Actually,1 hadn't heard that part of it, to be honest. Cornmissioner Teele: The thing that I think we ought to do is, we really owe a debt of gratitude to Commissioner Regalado, but, you know, the professional staff are the ones who are paid to make these analysis, and 1 would respectfully move .that the item officially be deferred, with instructions to the staff to work specifically with Commissioner Regalado in formulating and refining the requests and to be responsive to the Chairman of the committee and to make a recommendation or a clear understanding of what the facts are, consistent with what Commissioner Sanchez is trying; to do, and to return at the next meeting with a recommendation, both from Commissioner Regalado as Chairman of the committee, and a staff recommendation, but with a caveat that there he a proffer from AT&T which would include, at a minimum, four uplinks -- four of these uplinks as opposed to the three, and 1 would move the deferral. Commissioner Sanchez: Second, Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): Aye. 57 September 13, 2001 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 0 1 -892 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM DISTRICT 4- E (DISCUSSION REGARDING AT&T BROADBAND AND THE OPTIONS AVAILABLE TO THE CITY OF MIAMI RESULTING FROM THE POSTPONED INSTALLATION OF THE BROADBAND SYSTEM); FURTHER INSTRUCTING THE CITY MANAGER TO DIRECT DESIGNATED STAFF TO WORK WITH COMMISSIONER REGALADO IN FORMULATING AND R1,FINING ITIS SUGGESTION THAT AT&T BE ALLOWED TO PROFFER THE FOLLOWING IN LIEU OF PAYING FINES DUE AS A RESULT OF AT&T'S FAILURE TO TIMELY COMPLETE INSTALLATION OF ITS SYSTEM 13Y THE SEPTEMBER 1, 2001 DEADLINE PURSUANT TO AGREEMENT: SPONSOR ONE PARK IN EACH OF THE FIVE CITY OF MIAMI COMMISSION DISTRICTS FOR ONE YEAR, PROVIDING $10,000 FOR EACH PARK; INSTALL LIVE HOOKUPS IN FOUR SITES WITHIN THE CITY (l, THE POLICE DEPARTMENT FOR THE EMERGENCY OPERATION CENTER; 2, THE MANUEL ARTIME CENTER; 3, MODEL CITY/LIBERTY CITY; AND 4, BAYFRONT PARK AMPHITHEATER); SWITCH CUSTOMERS TO BROADBAND, BUT FREEZE CABLE RATES FROM NOVEMBER 2001 UN'T'IL APRIL 2002. Upon being seconded by Commissioner Sanchez, the motion Nvas passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Vice Chairman Wifiedo Gort NAYS: None ABSENT: None 58 September 13, 2001 • 1, 15. QRANT-REQUEST1�Y REFRES NTATIVES Ok-AR-T ,MIAMI EVENT FOR. 04O-9P(3N90RSJf•IP:BY CITY "h Commissioner Regalado: Mr. Chairman, the other item is the co-sponsorship of Art Miami Event. And this is about flags, Johnny. This is an event that will be held here in the City of Miami. It's just that by co -sponsoring, they are able to place those banners in the City. Commissioner Winton: Second, Vice Chairman Gort: Been moved and second. Any discussion. 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. 01-893 A, MOTION GRANTING REQUEST MADE BY REPRESENTATIVES OF THE ART MIAMI EVENT FOR CO-SPONSORSHIP BY THE CITY OF MIAMI FOR SAME. 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 .Toe Sanchez Commissioner Arthur E. 'reele, Jr. Commissioner Joluiny L. Winton NAYS: None. ABSENT: None. 59 September 13, 2001 1.G; ADMINISTRATION .` TO ;PROVIDE ' COMMISSION 'WITIJ REPORT :A --.:T0 AVAIIrAB)�LITY OF DESIGNATED NUM3EIt Or S1Vf ±, ` AMERIC ANaFLAGS FiOR DISTRIBUTION TUROUGH NET OFFICE. 'PUT `Ef1jS W3T!T-TEELE'S� DISCUSSIOi� Commissioner Tccic: On the related issue. Mr. Manager, I've had several requests from several Haitian leaders, within the last 24 hours, for the City to make available flags, small flags. I think given Miami's history, given Nliami's unique past, I would like, before the end of the day, for you all to come in with a recommendation as to how many flags the City of Miami can buy and make available for distribution for our residents through the NET (Neighborhood Enhancement Team) Office. Commissioner Winton: You mean American flags? Commissioner Teele: American flags. Carlos Gimenez (City Manager): How big? Commissioner Teele: American. Well, hand waving flags, flags of that nature. I really think, you know, there's very little that we really can do, but what we can do is use this as an opportunity to bring our community together and I think we should make flags available through the NET Office and whatever to all of our citizens. U.S. American flags only. And I would like to get a report by the end of the meeting. Thank you. Vice Chairman Gort: OK. 60 September 13, 2001 r] • 1,7.. CITY ATTORNEY. TO.PgOVIDE COMNhISSION WITI3 REPORT AS,IT PERT,AIN83 10.s POSSIBLE CHANGE;IN OWNERSHIP 4T SOU,,TIiP,RN TOWli�G (:Q A. 4 Commissioner Regalado: The last -- Vice Chainnan Goin.: The last. Coin mi ssi oner Regalado: The last item is about what -- a possible change in ownership at Southland 'rowing Company. I was revising the contracts of the City and the local preference is the main concern of the City Commission. So, I want to find out if this company is owned by locals. My understanding is that it's owned by an outside of the City corporation and it changed ownership from local to outside and then it has to have some high percentage of local ownership. So, this is my question to the City Manager on this item. The last item, the local ownership of the towing company, and the possible violation of the contract by them selling to an outside corporation. Officer Arthur Moe: Commissioner, Officer Arthur Moe, in charge of the Towing Detail. Road 1, which is division of Miller Industries, owned Southwest Transporting, inc., which is based in Tennessee, are the current owners, to my knowledge, of Southwest Transportation, that has the contract Willi the City. Commissioner Regalado: So, what do we do about it? Is it not in the contract that they have to be local ownership? Officer Moe: The contract just states that the company must be based in the City of Miami, but it does not specify the actual -- you know, the ownership. If an outside owner from the outside state or county can own company -- just -- they must have a good record of performance within the City of Miami for a period of four years. Commissioner Regalado: Well -- but I think that that defeats the purpose of this City Commission has always been pushing for local ownership, local help to the business people. So, I don't know, Mr. City Attorney. I mean, is it OK for every -- because, you know, what's going to happen. What is going to happen is the same thing with the Solid Waste companies. One big company is going; to start buying all the -- like they did with Neisinger buy everything in .this City, all the local Solid Waste -- I mean, is it OK that anybody comes in and buys a towing company and they can keep the contract regardless of the bids? Alejandro Vilarello (City Attorney): Generally speaking, Commissioner, we don't impact ownership of the company. In many of our RFPs (Request for Proposals), we require them to have a local business, a local address, a local place where we can access the products that we're buying; from them and, by the way, we probably could better define that in the future so we can make sure we're clear on exactly what it means to have a local office. Commissioner Regalado: But I thought that the contract -- Alex, the contract said local ownership. 61 September 13, 2001 Mr. Vilarello: Commissioner, I'm not aware of this issue. 1'd be happy to look at the contract. it would be unusual that we said, local ownership. Commissioner Regalado: If you could. Mr. Vilarello: however, usually, in a procurement process, our local preference ordinances have been upheld and that is an opportunity for local businesses, locally owned businesses, to, in fact, get a competitive advantage, which is authorized under our Charter and authorized in the state of Florida. Commissioner Regalado: So, what do we do then? Mr. Vilarello: Well, if you have any - I'd like to look at this existing contract and address your concerns before -- because i have not reviewed the contract or this issue. Commissioner Regalado: Chief. Commissioner Tccle: Mr. Chairnian? Commissioner Regalado: I just want to ask the Chief. So, what do you think? Raul Martinez (Chief of Police): Commissioner, Raul Martinez, Chief of Police. This change of ownership was approved by the Commission February 1999. We will take a look at what the contract says. 1 think the contract has a clause -- maybe I'm wrong -- that for any reason the City can terntinatc the contract. I don't know whether that's true or not, but I've been told that. But we'll take a look at it and bring it back in front of the Commission. The Commission can do as it wishes. Commissioner Teele: Mr. Chairman, this issue normally arises that these contract provisions normally contain the clause that says that, if the ownership changes, it must be approved by either the Manager or the Commission, but, obviously, approval must be granted unless there is a reason -- you cannot restrain trade in commerce like that. And so -- you know, the reason for that is to protect the City. Let's say that Carlos Leader sets up a company and they start buying towing companies. We don't want to be in business with Carlos Leader so we would have a rational reason to reiect that. But -- perhaps -- but the theory is is that these changes in ownership have to be presented to its to protect the City from being in business with -- but normally, we don't have the right to impose our judgment or withhold that transfer if it is otherwise a valid transfer. Commissioner Regalado: No. The reason -- Art, the reason that I wanted to ask about this issue is because I remcnaber that it says local ownership and l now understand that it's owned by an outside source. I -- if we approve it -- if this is the case, well, then, we should go back and look and go back to see if we approved something that we shouldn't have dont because the contract said otherwise, but if we did, we did, and that's it. So, if you can, Mr. City Attorney, give us a report. 62 September 13, 2001 Lucia Dougherty: Mr. Chairman, if I could speak on the issue? Vice Chairnian Gort: Yes, ma'am. Ms. Dougherty: Lucia Dougherty, with offices at 1221 Brickell Avenue, today representing the vendor. This was actually bid out at Southwest Transport, inc. It was -- which is a local company and the same management group is still involved in that local company, but that local company was purchased by Road 1. That purchase agreement was specifically approved by this Commission. We would not have sold it if you had not approved it. It has already been approved by the Commission. So, nothing has changed with respect to the local entity that is running the corporation. Still have the same president, the sante -- John Dollar took a leave of absence for a period of time. He's back. But there has -- nothing that has been changed since the time that you approved that transfer or that sell of the company. The company's still a local company. The moneys are still being located here in Dade County. Same management group is there. So, with that - Commissioner Teele: Johnny Dollar? Ms. Dougherty:. That's the one. Commissioner Teele: T haven't heard that name in years. There was a song written about him. Ms. Dougherty: I didn't know that. Commissioner Tccle: At least by that -- Commissioner Winlon: I thought that song was Johnny Angel. Vice Chairman Gort: Only just changed the angel for the dollar. Commissioner Teele: It went "Lady, lady, lady." Vice Chairman Gort: OK. What is the -- Commissioner Regalado: OK. I'm done. Vice Chairman Gort: You're done. Thank you, ma'am. Ms, Dougherty: Thank you. Commissioner Teele: Give Mr. Dollar my regards, please, Ms. Dougherty: Certainly will. 63 September 13, 2001 18, APPROVt "PR:OPOSAL, IN PRINCIPAL„ A9.+1ROFFERED BY PARIC;ING ADVISORY. BOARD ;AND 'COCO�IUT;GIOVE CI3A�ViBER C); COMMERC3; :FOR�,RAiJG'TION IN PARKING T'l tS� AND �REDLfltTiON HO[ S itEQUZREI� TO PAY lYq t: Ni1TED')PARKIIG SPACES IN 70C 'E-. IViETERED PARIING,SPACI?,S 1N CO. COCONUT C3ROVEAr i Vice Chairman Gort: Commissioner -- Commissioner Winton Commissioner Winton: Mr. Chairman, could 1 pick up on one of my items? This is informational to the Commission and I will call Art Noriega to the podium. This is about parking meter charges in the Grove. And Mr. Frank Balzcbre is going to come forward also. As you all know, this retail market in the center Grove has some significant challenges and we; feel strongly that once the new mall is completed in Coral Gables, that our challenges arc going to increase. Thcre have been a series of discussions with merchants in the Grove about the whole parking issue. They've been meeting with the Department of Off-Strcet Parking for several months now, trying to hash out some sort of new plan to deal with the increased competition and that's what this is all about. This is about a plan to begin to fine. tune the way we do business in the Grove so that we can stay competitive, and 1 will let Mr. Balzcbre and Mr. Noriega present their thoughts. Frank Balzebre: Thank you, Commissioner Winton. And that's Frank 13alebre, 3925 Park Drive. Vice Chairman of the Coconut Grove Parking Advisory Trust. Have you ever tried to park in the Grove lately? Have you ever had an eighteen -dollar ($18) ticket placed on your windshield when you've enjoyed dinner? Arc you losing your brothers and sisters to the Gables who go park for free after six? These arc issues we're facing in the Grove, not only the people who live here, but tourists and our friends and family. So, we're here to respectfully ask for some immediate relief. And briefly -- Commissioner Winton: Before you do that, Frank, could i interrupt? Mr. Balzcbre: Yes. Yes, sir. Commissioner Winton: to discussions with Mr. Noriega, the Off -Street Parking Authority has the flexibility and authority to revise their parking rates, and, so, an action of this City Commission is not required. However, we felt strongly that the recommendation should come before the Commission, and if you all feel compelled to make some other recommendations or have some other thoughts, we felt it important to bring it hero Art Noriega: Art Noriega, Executive Director, Miami Parking Authority. I wanted to,just clarify something that Commissioner Winton referred to. The rates structure, rate ordinance is governed by the City Commission. A maximum has been set for the meter rates in Coconut Grove. This proposal is a reduction of that. So, it doesn't require City Commission approval or -- but 1 really wanted a recommendation from the Commission because it really affects our bottom line in tams of revenues that we contribute to the City. I'll get into the details of that later once Frank's done. 64 September 13, 2001 9 Mr. Balzebre: Well, what we -- Commissioner,reele: Frank, hold it. Mr. Balzebre: Yes, Commissioner. Go ahead. Commissioner Teele: Art? Mr. Noriega: Yes, sir 0 Commissioner Teele: This guy is real slick. He's real good. I mean, are you -- you're really growing into this job. I mean, what lie just did is, lie (lid the old Australian boomerang. Ike says whatever you reduce the rates by -- Vice Chairman Gort: I'll reduce (INAUDIBLE). Commissioner Teele: -- I'm reducing my contributions to the City by. i-Ic didn't say it exactly that candidly, but essentially, he's explaining to us that there is no free lunch, and he's exactly right. And, Art, I really wish you would be a little more candid when you drop those kind of bombs and pearls of wisdoni, but the fact is, you've done your job, and I think it's the kind of thing that we've really got to look at together, I am going to support dropping the rates in the Grove, if the Commissioner of the district -- because I've said from the beginning, this rate thing -- when we look at the parking surcharge -- is just the lip of the iceberg. There's a disconnect between the Grove and Coral Gables and particularly the Grove and South Miami. I mean, you know, we don't need an economic urban economist to come in here and explain that to us. The question is, we really need a more -- we need a little bit more study in terms of what are we doing? i mean, we need to try to match the Grove with what's going on in the surrounding -- and it may not he across-the-board drop in rates. It may be a targeted drop in rates. It may evert be a rate waiver at certain tunes of the day or night or something. I mean, I don't know. But we do need to be partners and not for you just to come to us and say, "I want a resolution," because; he's going to take our resolution, lie's going to translate our resolution into dollars pretty much, and then we'll see that at the end of the year. And let me just say this, Our five-year plan is predicated on revenues, specific dollar revenues, from Off -Street Parking, and any change we make here could very well affect our five-year projection. You know, obviously, these are rounding errors, but that's sort of a smoking gun. Mr. Attorney. Commissioner Winton: However, our -- Alejandro Vilareilo (City Attorney): I'm sorry Commissioner Winton: Excuse ine. Our five-year plan is also predicated on ad -valorem tax revenues that are going to drop precipitously if we don't do the kinds of small things we can do to try to adjust our competitiveness to the rest of the market place. So, there are inter -linked kinds of actions here. And, so, I don't want to lose track of the sight that parking has a drarnatic impact on other revenue sources that we might be anticipating, 65 September 13, 2001 • • Vice Chairman Gort: But also, my understanding is sales tax, as they go up, we get larger portions of income also. Now, I wanted to ask Frank.a question. Frank, is the problem really the rate or the ticketing? Mr. Balzebre: It's the rate, which is currently one twenty-five an hour. We're asking it to be reduced to one dollar an hour, a quarter per fifteen minutes, so you don't have to carry bags of change with you, and the tourists don't have to count their money for twenty minutes figuring out the formula. Number two would be the reduction of hours. Instead of charging those meters enforcing the meters from seven a.m. Let's start at 10 a.m. and give the locals a chance to buy a cup of coffee, go to the bank, go to the dry cleaner without charging them twenty-five cents ($0.25) for every twelve minutes. Vice Chairman Gort: Drank, what I was going to suggest, because you have it problem, you have to look out for it because we did this on Sth Street at one time and it backfired on us. And I agree with you and -- maybe to -- from 10 to maybe seven. Mr. Balzebre: To ten. Vice Chairman Gort: But let me tell you. The reason you have to do it -- if not, the employees that park there -- we had that problem downtown and we had that problem in Southwest Sth Street when we did that. The employees will park there all clay and then there's no parking for the customers. Mr. Balzebre: And I've heard that argument, Commissioner, and I agree with that. Vice Chairman Gort: So, you have to be very careful when you put this together. Mr. Balzebre: So, we -- Commissioner Winton: That's why they picked 10 a.m., because the employee can't park there all day. Vice Chairman Cort: Right. Commissioner Winton: So, there is a penalty. If the employee does decide to park there all day, they're going to get an eighteen -dollar ($18) ticket. Mr. Balzebre: Right. Commissioner Winton: But -- from -- if you don't start enforcing it until 10 a.m., that does give the customers that are trying to go have a cup of coffee and go to the dry cleaners and go to the coffee shop, go to the restaurant, they can stop in and they don't have to pay. Mr. Balzebre: Right. So, it's a reduction in rate, number one. Number two, reduction of hours. And it doesn't have to be set in stone, We're asking for this -- let's get it started. It's an initiative. We can always change it as we go down the line. 66 September 13, 2001 Commissioner Winton: And there is a commitment, on the part of everybody, to measure alt the perfonnance factors here and we will have ongoing evaluations here because this isn't going to be just a once -- this isn't going to be a one-shot thing. There's a lot of issues that arc going to come back before this Commission over time about how this City can remain competitive in a very dynamic retail environment out there. Vice Chairman Gort: Commissioner Sanchez. Commissioner Regalado: But, you know, Joluiny, Frank is right. Coral Gables does not have any -- and you are -- I mean, yowl -e happy to bo to a restaurant to have an early dinner in Coral Gables bccaLISC ,you don't have to -- either you don't have a problem parking and you don't have to worry about the parking meters and you don't have to worry about the fines, and something you guys have to do something because 1 will support, like Art, whatever you say, but we have to bring people to the Grove. If we don't bring people to the Grove, then -- you know, i think they'll have a problem, not with the five-year plan, but with the City. Vice Chairman Gort: OK. Go ahead. Mr. Noriega: Mr. Chair, two other things. Sylvano Bignon is here from Green Street Cafe. He initiated the petition. In 60 days, we collected over 6,000 signatures. So, it's not just a three-ring circus up here. We're ,speaking for 6,000 people who signed the petition. Vice Chairman Gort: We agree with you. Mr. Balzebre: Just so you know. Vice Chairman Gort: We're working with you. Mr. Balzebre: OK. Vice Chairman Gort: Go ahead. Mr. Balzebre; And 1 would like to -- president of the chamber. Vice Chairman Gort: Go ahead. Mr. Balzebre: Go ahead. Orlando Alvarez: Just real quickly. Orlando Alvarez, president of the Coconut (.Drove Chanriber. We're in full support of this, In addition to this, I just appointed information. This is one of many things that the Coconut Grove Chamber is doing to revitalize Coconut Grove This will he very supportive in being part of the whole overall marketing plan for the Grove and we strongly look for your support. Thank you. Vice Chairman Gort: Great. Thank ,you. Art? 67 September 13, 2001 Commissioner Winton: Would you outline one more time just a recap of the modifications that we're going to initiate? Mr. Noriega: Sure. The proposed modifications are a reduction in the meter rate per hour, frau a dollar twenty-five (51.25) to a dollar ($]); and a reduction in the hours of operations, pushing back the start time of operating the meters in the a.m. to 10, and then Sunday through Wednesday, reducing the hours. Currently, the meters operate until two am. Reducing it to 10 p.m. So, there will be a modification in the hours of operation, and a reduction in the rate. Now, specifically, if you want to know how that affects the revenue side in temps of bottom line, which 1' think was a question posed by Commissioner ,reele -- Commissioner Sanchez: Well, we can have the -- Madam Finance Director look into thz:t and tel l us exactly liow it affects our budget. Commissioner Winton: But he might have an answer. lie's got a number. Mr. Noriega: I have the answer for you. Commissioner Sanchez: Oh, you do? Mr. Noriega: If you want it. It's a quarter of a million dollars (5250,000). It's a two hundred and fifty thousand dollar ($250,000) reduction in revenue in Coconut Grave in terms of that zono. Commissioner Winton: Annually. Mr. Noriega: Annually, correct. Vice Chairman Gort: OK, Carlos Gimenez (City Manager): 1 have a question. What is that -- will that reduce the contribution of dollars to the City? Mr. Noriega: Well, the problem with that particular reduction, it's a rate reduction, so it's a net reduction to our revenue without an opportunity to reduce expenses because it's all -- ninety-five percent of that is wrapped tip into the rates. So, yes, a short answer. Mr. Gnnerlez: So (INAUDIBLE) pass through to the City? Mr. Noriega: Yes, Absolutely. Yeah. Vice Chairman Gort:.But at the same time, you can look for ways to improve its efficiency since lie's becone so good at it and he's doing it great job and he might be able to reduce his expenses by that mach, too, so lie -- net profit will be the same. 68 September 13, 2001 Mr. Gimenez: Well, we don't (INAUDIBLE) increase revenues, we don't (1NAUUIBLI) I don't think we get a straight increase in revenues, do we? Mr. Noriega: As it relates to meters, it's a straight --almost a natural increase in revenues. It relates to operating facilities, garages and parking lots, some of that's offset in terms of expanses. But, yeah, you do. You absolutely benefit. Vice Chairman Gort: Yeah, you don't have to -- Mr. Gimenc : So, when you got an increase in rate -- when you get an increase in revenue from the meters, a hundred percent ofthat is passed on to the City, an increase in revenue. Mr. Noriega: It ends up being a hundred percent pass -tlu•ough. Mr. Gimenez: So it goes both ways? Mr. Noriega: Yeah, absolutely, it goes both ways. Mr. Vilarello: Mr. Chairman. Vice Chairnnan Gort: Yes, Mr, Vilarello: If I could just address one issue that I tried to bring up before. The contract that we have with DOSP (Department of Off-Strect Parking) -- between the City and DOSP gives you a guaranteed amount every year, plus the excess. So, Art, you're suggesting that it's going to impact us in that excess amount because cacti year you, in fact, have given us more than the guaranteed amount in the contract? Mr. Noriega; Yeah. I mean, 1 can't project -- predict the business climate over the next year, but what I'm saying is, it'll have an effect. It's a two hundred and fifty thousand dollar ($2561,000) hit. Last year's excess contribution wasn't two hundred and fifty thousand dollars ($250,000). So, it could affect the n1ininuun guaranteed amount. Commissioner Teele: No, no, no, no. That's -- you didn't hear the attorney. 1 don't want him to slip one by you either. Mr. Vilarello: The contract provides a guarantee -- for the first five years, provides a guaranteed amount. Mr. Noriega: Correct. Mr. Vilarello: And then all excess revenues. Mr. Noriega: Yes. 69 September 13, 2001 • 0 Mr. Vilarello: So, we need to be careful that -- because DOSP has an obligation to provide that guaranteed amount. Mr. Noriega: Absolutely. And what I'm saying is, this could affect that obligation. Commissioner Winton: How can it affect the mininuun guaranteed? Commissioner Tecle: He's good. Mr. Noriega: Well -- Mr. Vilarello: lie's suggesting that we be the modified agreement. Mr. Noriega: The truth is, the Commission controls the rates. What I'm saying is, that if the rates are reduced, that affects the gross revenue. That revenue specifically to this issue is a net pass-through. Commissioner Winton: What was the overage amount that got the City -- that you gave to the City last year, over the minimum guaranteed amount? Mr. Noriega: Two hundred. Vice Chairman Gort: It was close to two hundred. Mr. Noriega: Yes, it was two hundred and something thousand dollars last year. Vice Chairman Goat: Close to three hundred thousand. But now, Mr. Manager, got the direct revenues from the parking meters -- from the meters. Mr. Gimenez: Yes. That increase will be given to the City. Commissioner Teele: I think what we're dealing with now just underscores that this is not as straightfoiward as it may appear to he, and what we really need is .for staff to work together. But I would say this to Commissioner Winton. Commissioner, I am totally in support of providing relief to Coconut Grove and I'm totally in support of providing capital funding for the downtown business district, and I really do think what we should focus on is a plan for the parking surcharge use. We spent all our time trying to figure out how to give away our money to everybody who's going down here with a trick and a beg and a gimmick instead of trying to figure out how to manage this City. And, so, I think it's not too early tonight in the budget meeting it's not too early -- the 25th in the budget meeting to develop a supplemental plan for the distribution of some of the parking surcharge, and how we do that, you know, I'm not sure;, but the fact of the matter is, is that we need to develop a plan for Coconut Grove and the most profound statement that has been uttered today -- Mr. Noriega just uttered it -- and that is, he can't predict the economic future, and l think given the events of where we are, there is one safe assumption, that travel and tourism and visitors to the downtown Miami is going to go down 50, 60, 70 percent over the next 30 days and, you know, nobody wants to use the recession -- the "R" 70 September 13, 2001 word, but we are a community that's very dependent on aviation travel. We're very dependont on that and the downtown is dependent on that. And, so, you know, we really are in very., very unchartered waters right now and I think we've got to be prudent. And we need Mr. Noriega and the Board's cooperation to sit down and figure out we can work to really -- and that's just going to underscore the problem in the Grove. What`s going to happen is going to underscore the problem in the Grove. So, I don't have a solution, but I'm very supportive of what Commissioner Winton is proposing, and I think the key to this is how we deploy the parking Surcharges assumed funds -- assuming we can get that issue revolved. Commissioner Winton: And one last point before I make the motion here, and that is that •-- and you watch government across the board. It doesn't matter what government is. Government, classically, if they have a problem, the first thing they think about doing is just raising more taxes. Business, many times when they have a problem, lowers their prices to try to generate volume. Government doesn't ever think about lowering prices to generate volume. They think about, "Gee, we're losing some volume. So we've got to raise the prices," and then you drive more people out. So, this is an attempt and a trial balloon -- you know, it's going to be monitored closely. It's a trial balloon to figure out if it's having an impact. If it doesn't have an impact, we'll look at something else and we're going to look at something else until we figure out how we become truly competitive that we drive more revenues to our coffers. So, 1 would — with that said, l would like to move, as a motion, the acceptance of the proposal on modifying the parking hours and meter times and charges within the Coconut Grove, the recommendation by the Coconut Grove Chamber of Commerce and Parking Advisory Board, Commissioner Tecle: Second. Vice Chairman Gort: it's a motion and a second. Commissioner Teele: Now, is that motion putting it into effect at this time or does that motion accept the recommendation and then what? Commissioner Sanchez: Comes back for final approval? Commissioner Winton: My recommendation is to -- and I will -- at least to each of you, but my recommendation is to accept the recommendation and put it into effect. Vice Chairman Gort: Final approval. Commissioner Teele: I would ask that we at least get Off -Street Parking and our staff to agree on the economic impact of it. Commissioner Winton: I have no problem with that. Within 30 days. Commissioner Tcelc: Yeah, yeah. I'm going to Support it but 1 just think we ought to know what we're -- Commissioner Winton: I don't have a problem with that. 71 September 13, 2001 • Commissioner Sanchez: T still would feel much better if the -- Madam Budget Director, if you could present something to this Commission on the exact amount or what hit we're going to take on that. Linda Haskins: Yes. Linda Haskins, Director of Management and Budget. Commnissioner Sanchez: The economic impact it will have to the City. Ms. Haskins: We'll work Nvith DOSP. We have -- Pin not sure what the minimum is. We have two million two seventy-five plugged in as a contribution from DOSP in the budget Mr. Vilarello: For next year. Ms. Haskins: For next year. I think that is the minimum fbr next year. Pin not sure if that is or not. Commissioner Winton: But y'all can get that figured out after it conics back. Ms. Haskins: But we will work that out and see what the economic impact is of this. Commissioner Teele: But they pay this year's in arrears, don't you? 'You pay this year's in September, right? Mr. 'Nloriega: We've paid 80 percent of it already. We already -- we cut a check of 80 percent of what the guaranteed mininium and at the balance of the year, we pay the balance of that, twenty percent, plus whatever the overage is. Commissioner Regalado: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Regalado: Mr. Chairman, Johnny, 1 will support that and I would also like to see some figures, but I think it's important that if we iniplernent this, the business community has to be told that they have to do an aggressive advertising campaign about the new style of parking in the Grove because, you know, if you're going to wait for word of mouth to say, "Hey, we can park now in the Grove .f:or free after nine." They should be told that they, as a business community, have to go and go into the neighbors, go into the local papers, or try to do some spots on the radio, saying, well, you know, Coconut Grove now invites you free parking atter nine. You can enjoy the clubs or whatever. And the City cannot take the brunt for that campaign, but if we're doing this to bring people to the Grove, well, the people need to know. Cornmissioner Winton: By the way, my comments were much stronger. I've had a series of discussions with some of the inerchanls in the Grove, and the Chamber of the Commerce in the Grove, and have let them know how disappointed I've been in their performance, at least since i've been a Commissioner, and said that there's only so much government can do. Parking is one 72 September 13, 2001 • of those tricky issues where you can have an impact, but frankly, beyond a few things like dictating how parking works in infrastructure improvements, which is sidewalks and lighting and landscaping and security, it's up to them to go out and compete in the marketplace, to market their product appropriately. We've had some discussions about -- and I'm going to -- they're going to have some discussions with you as well -- because I've asked them to do that -- about the Visitors and Convention Bureau. There's a whole series of things that get tied in herc that, frankly, they're trying to have to take the lead on if they're really going to be successful, and 1. said that I'm going to be reluctant to bring a lot of City resources to the table if i don't see a commitment on the pail of the merchants to join together as a team -- and it isn't just (lie merchants. It's the hoteliers, it's the owners of the mayor properties, it's the merchants who pay the rents or the merchants who own the buildings. if they can't figure how they can get their aci together, you know, we'll do this trial balloon. But this will only be a trial balloon that wo will reverse at some point down the road if there isn't a commitment on the part of the rest of the folks in the Grove who really can snake a difference to get their act together and work together. Commissioner Regalado: No. But because 1 was saying, you know, the City is going to take a hit on the budget and that (lie purpose of this hit is to bring back life to Coconut Grove. So, they have to, you know, take a step and put some money in in order to let (lie people know that there is something going on in the Grove now. Commissioner Winton: Well, the sad truth is, though, Commissioner Regalado, is that if tliey fail, the City's going to take a huge hit anyway. Not only are we going to take a hit on lost revenue from parking, even at higher rates -- because if the customers quit coming, we're not going to generate the revenue anyway. So, you don't have any customers, you're not going to generate the dollar twenty-five; you're not going to -- you know, you don't generate revenue, if you don't have customers, So, if they don't get their act together -- we have -- the City has huge risks, not only on parking revenue, but in ad valorem tax revenue and all the other fees that we get. The fees from M.SEA (Miami Sports & Exhibition Authority), you know, bed tax. You know, all this stuff -- the City gets a lot of money out of the tourists and the customers that come to our City and we've lost site of that fact, and we don't think about it clearly when we're talking about how we're moving our City forward, and it's something that I'm sure we're all going to talk more about, but we are in a competitive environment and we have to learn how to compete in this City with all the surrounding municipalities, and if we don't do a good job of that and the merchants don't do a good job of it, this City's going to take a lunge hit, whether we want to take a hit or not. It will just be inevitable. So, from my view, this two hundred and fifty thousand dollar ($250,000) potential hit will pale in comparison to the bigger hits that's going to conic if we can't play some role in helping encourage these people to get their act together to be competitive. Vice Chairman Gort: As we look at our budget, we can see that ad valorem taxes is not the only way we get funding. We get a lot of revenue from the sales tax and we get a lot of money from the other taxes that we have here. So, I personally would be in favor of it. And I think we need to support our business districts and improve it. Commissioner Sanchez. Commissioner Sanchez: Johnny, I look at it as an incentive of helping Coconut Grove through some rough times that we're going through and we're going to continue to go through as 1110 :Mock 73 September 13, 2001 • • market has shown and other things that have happened that have been tragic. But let me tell you something. We -- and I have had a very lengthy meeting with the City Manager, Madam Budget Director on this budget. We are very tight and we are just about to venture over that gray line in our budget. I think at the Oversight Board, which something we're saying, well, it's going to be - - it's going to be going away, you know -- to take a two hundred and fifty thousand dollar ($250,000) hit, which I'm prepared to do because, in the long run, I agree with you that if we don't do it now, we're going to pay bigger consequences eight months from now when you start going around the Grove and you see all these empty shops. We can't allow that. But, I mean, we basically have to be very, very careful -- and i ask this Commission, this legislative body to be very, very careful because you know, we might be sending the wrong message that we're. you know, once again trying to cut here and cut there and all -- I agree with this cut, the two hundred and fifty thousand dollar (52501000) I wilt vote for, but you know we've got to be very careful because today, when we have the discussion on the budget, which is one of the most important. key elements that i think we have as a responsibility, is to conic together and pass a budget that is acceptable to the people we work for it. And I encourage each and every one of us and all the City employees to look at the organization (INAUDIBLE) see who we work for, and that's the citizens of Miami. Vice Chairman Gort: Thank you, sir. Mr. Vilarello: Mr. Chairman? Vice Chairman Gort: Yes, sir. Mr. Vilarello: So I understand the motion. The motion is a motion approving the concc:pt in principal, subject to the staff of the Department of Off Street Parking and the City getting together and reporting back to the Commission within 30 days, I think was the date that was mentioned. Vice Chairman Gort: That's correct. Commissioner Sanchez: Just one thing. Are we -- Johnny, are we going to have like a couple of months to see if it gets worked out? Because if it hasn't worked out -- I mean -- Commissioner Winton: No. I think we're going to manage this -- I think we're going to monitor it monthly. We're going to have a report that shows what's going on and you know, nothing impacts monthly. So -- but we're going to be looking at it monthly. I think you've got to run this for three to six months minimum to determine what the overall impact is, and it could be -- we're still going (INAUDIBLE). Commissioner Sanchez: As long as we get a report back that it's having a significant -- Commissioner 'Vinton: Absolutely. Commissioner Sanchez: -- improvement in your area. 74 September 13, 2001 Commissioner Winton: Yes. And that's part of the agreement. Vice Chairman Gort: Let me tell you, this will be the Gest time to do this. You have the Christmas shopping coming up, you have Thanksgiving coming up, and this is where they need the most help. So, all in favor state it by saying "aye." The Commission (Collectively): Aye. Commissioner Winton: For the October I lth agenda, aye. The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO, 01-594 A MOTION TO APPROVE THE PROPOSAL, IN PRINCIPLE, AS PROFFERED BY THE PARKING ADVISORY BOARD AND THE COCONUT GROVE CHAMBER OF COMMERCE, FOR REDUCTION IN PARKING ME'T'ER IZATES (i.e., FROM $1.25 TO $1 PER HOUR), AND A REDUCTION IN THE HOURS REQUIRED TO PAY FOR METERED PARKING SPACES (BEGINNING 10 AM THROUGH 10 P.M., SUNDAY THROUGH WEDNESDAY) 1N THE COCONUT GROVE AREA; FURTHER INSTRUCTING THE CITY MANAGER TO SCIIEDULE THE AFOREMENTIONED ISSUE ON THE CET)' COMMISSION AGENDA PRESENTLY SCHEDULED FOR OCTOBER 11, 2001 FOR FINAL APPROVAL. Upon being seconded by Commissioner Teele, 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. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 75 September 13, 2001 • • 1=9. DISCt1SSZON REGARDING_ "HA°PPY..BIRr1D?►Y; MIAMI" :FAST+IVAL-�L�1GK Vice Chairman Gort: Commissioner Teele, you're next. Commissioner Teele: Mr. Chairman, it's 11:24. A number of my constituents have been here. 1'd like your permission as a part of my packet to take up Item Number 9, which is a personal appearance by Mr. Derek Davis. Vice Chairman Gort: Go right ahead. Commissioner Tecle: On behalf of the Black Archives and others, Mr. Davis, please come forward. Otherwise, you'll be on the other side of lunch. Derek Davis: Thank you, Commissioner Teele. My name is Derek Davis. I'm the Executive Director of the Black Archives, the owners of the Lyric Theater at 819 Northwest 2"`1 Avenue. And with me today, we have sonic of our board members. We have our founder, Dr. Dorothy Fields, We have some pioneers from Overtown area, Ms. Leome Culmer, Dorothy Graham, Mr. Kenneth Williams. From Coconut Grove, we have Leona Baker and Mr. Earnest Stirrup. We're here today to ask for a request regarding -- I'm sorry -- Ms, Russell? -- Oh, yes. And some of our members here couldn't make it because they were unable to attend. But Ms. Carmetta Russell, Ms. Athalic Range and Mr. James Randolph. Our request is regarding the "Ilappy Birthday, Miami Festival that we had on this July. The Black Archives was able to gather some needed funding for the -- fiscal this year. But we believe that we had a very successful event, We had over a thousand people that came out during that day. We had a parade -- Commissioner Tecle: It was a great event. Mr. Davis: -- which we felt helped to celebrate the City of Miami and some of our members now or pass members, some of the pictures and some of the posters that we had during that parade, We have this festival in honor of the City of Miami to show that the black community is proud of the City of Miami. We're proud to he a part of even the incorporation of the City, and that we feel that it should be passed on to other -- used in the black community and other communities. This year, we were able to get Little Havana to be a part of that festival with their Cultural Friday event We would like in future years to get other communities, especially the Haitian community and the European community involved in showing our pride for the City of Miami, and for actually the American way of life, We know that through history that the pride of the prior generations can be passed on to future generations. And we feel that the festival we have with the "Nappy Birthday, Miami" is something that the Black Archives has been successful in instilling that pride in future generations. But we would like to have -- the Black Archives has like been taking it on itself and getting some grants fi-om some foundations for years to be able to provide this type of celebration, With our Centennial Tea and with this year, we were able to kind of expand into a three-day festival. But we would like the City's help with financial assistance in this. The City has been very gnacious in providing us with in-kind services for this festival and for other things that we have been involved in. But we feel to make it the type of festival that it really needs to be that we need support for the continuing services of 76 September 13, 2001 the Black Archives and funds for the festival, itself. The basic request is to -- that -- if we can get for the event a hundred and fifty thousand dollars ($150,000) to help support the activities of the festival. And we feel that with this support -- and we will be going before the CRA (Community Redevelopment Agency) and also asking for the support for other projects in the Overtown area, such as the 9"' Street Mall, the 31i Avenue Corridor. We feel that we need some assistance with the Coconut Grove, the Virginia Key Beach, the Lennon City and Liberty City. We feel that all these are areas that, from the research that we're doing, that we need the support of this research to make the historic events we have authentic. And so we feel that the Black Archives has been working with the City for many years. i know within (lie past seven years I've been here, the City has helped us in many ways with capital things and with support for in- kind support. But we have never -- we haven't in that past seven years gotten any administrative or operating support from the City of Miami. And let me say the City has been very gracious to us. The City has helped us with capital projects. They've put over a half million dollars in the Lyric Theater. Bu even with (hat half million dollars, there was no administrative or operating support in that. And we feel that the Black Archives is at a point where it's poised to grow, but we need financial support to be able to poise to make that growth. And we feel that since the City has shown with its resolution in 1982 -- Resolution 52-755 mentioned the Black Archives, and much of our programming, and that we would bet support from that, that we ask the City to, please, to help us to be able to continue the efforts that we have started here in the City. Vice Chairman Gort: Thank you. Yes, ma'am. Rosa Green: Rosa Green, 415 Northwest 61" Street, Miami. And I have a lot of concern in reference to the birthday party of Miami being held in the Overlown area. And I don't want to be anti -everything, but I am sick and tired of everybody making decisions for people that live in Overtown, that they -- and they really don't live over there. The community, speaking for myself and my -- some of my family who live over there, I'm not involved. When we hear about it, I either read the raper or hear it from somebody that really, I shouldn't be hearing it from. There are so many other things, other than partying and celebrating a birthday party for Miami. I have no problem with the diversity and we getting together. But we need to first do first things first. And that is -- You gave money to sonic of the small businesses, and I understand that. But they can only expand as far as the buildings are. So whatwe need is somebody to come over and try to build sonic building in Overtown. And I don't mean housing only. I think that if we put forth enough effort, we could get somebody to invest in Overtown. And 1 am again saying that we need so many other things (fiat you people could give money for. And I'm speaking for myself and a lot of people that would be here if they knew how to come down here and address you honorable Commissioners. So 1 would say I haven't seen anybody in here, other than myself that lives in Overtown. Butthey are constantly coming down here -- and thank God for the computer, and I'm learning it a little -- constantly corning down here saying "Overtown," but thank God, whoever decided to teach senior citizens how to use a computer. Whoever did that was the best thing that has ever happened. And I'm going to tell you, and I don't care if I have to stand here by myself, because when I stand by myself, I'm not just speaking for myself, in May, the Honorable Mayor Penelas had the first Empowerment Forum, and the theme was, "What's in it for me?" 1 hope we can change that and say, "What's in it for the people who pay the taxes, of whose dollars you guys spend?" Nobody here goes to the bank and takes their money out. So i want to let you know, poor people, like myself, and everybody that live in my community, pay 77 September 13, 2001 taxes. They might not own businesses, but they pay taxes. Now, if you, as Commissioners don't want to do anything for those people, then 1 suggest we don't have to pay tax, because -- because we don't have buildings, and we don't have homes over there, sonic of us, then you mean. that we don't count? We are human beings. And I want you to think before you give anybody a tax dollar to party with, when people are contemplating putting a whole bunch of people out of housing. But what they should have did is indoctrinated those people when they got on the -- got in the project and told them, "You arc spending taxpayers' money. They think that money is just give to them. 'They don't know. If they had done that, then those people wouldn't be in up in Washington trying to stay in a project where some of them have been for 25 and 30 years. They would have been improving themselves. That's what I want people come down here and say. Let's try to get these people on some jobs and get them trained. Don't tell me they dumb. All the millionaires for the basketball came out of the project. Tim James, he came out the project. The other one, Starkes, that did good in the Super Bowl, he came from Town Park. That's Overtown. And the other one -- who was that? Sone little guy they had in the paper not long ago. So those people can be skillfully trained. And somebody need to tell them. Let's get out of there. Let's get in some training and stop partying. Listen, later for the parties. Maybe they was partying so much, maybe -- maybe -- i hate to say this -- but maybe things wouldn't happen, what happened yesterday. Everybody want to party. But let's stop partying and think about these people who cannot stand up here and speak for themselves. i thank you. Vice Chairman Gort: Thank you. Dorothy Jenkins -Fields: Dorothy Jenkins -Fields, Lyric Theater, 819 Northwest 2"`r Avenue. I'm the founder of the Black Archives History and Research Foundation of South Florida. And we were incorporated in 1977 for the purpose of identifying, organizing, processing and making available to the public at large, to researchers, scholars and the media information about the history of Overtown, as the oldest black community in the City of Miami, since it was in 1896 when the City was incorporated. And Coconut Grove, of course, which was organized much earlier than that, but Coconut Grove did not become a part of the City until the `20s. And so the Black Archives has been and is recognized as the organization with the credibility and the training to be the repository for the black community in tine City of Miami and Miami -Dade County. Derek Davis, our Executive Director, referred to the resolution. I think all of you have a copy of it. 1 don't think -- Commissioner Sanchez and Commissioner Regalado need copies of this and this statement, right there. Mm-hmm. And in this, Ms. Lcome Willer, who is here today -- 1 might say that the individuals who sit before you were all residents of Overtown at some time, and they stand as directors and trustees for the Black Archives Foundation. Ms, Leome Culmer, Ms. Dorothy Graham, Ms, Rachel Williams, Ms. Bonnie Stirrup, Mr. Kenneth Williams and Ms. Leona Cooper -Baker. The Black Archives has as its directors -- has as its directors and trustees individuals who lived in Overtown as adults for 50 years or more. And so they give the credibility, along with the primary sources that we have for the research center. The party that we had -- and I might say that 1 am Vice Chair of the Overtown Advisory Board, and a member of the Empowerment 'Lorne, so that the community was very much involved. Those who wanted to be were very much involved with tine process. I see another member of the Overtown Advisory Board here, Martha Miller, who is also editor of the Overtown Newspaper. But the record will show that individual -- that the Overtown Advisory Board supported the "Happy Birthday, Miami" Festival, as did the Empowerment Zone, the Overtown Assembly. 78 September 13, 2001 Know that the birthday party itself was simply a way of bringing; to the community's attention and awareness the fact that a third of the men who stood for the incorporation of the City of Miami were black. This was July 28, 1896. That's a part of the research that no one else had found. We had been using that ,information, providing it with school children, helping the residents of Overtown and the community at large to understand the role of blacks in the development of this City. Now, what's more important than that? Having a party was a way of really being able to get the community involved so that people could understand that blacks not only helped to incorporate the City, but times after that were very much involved in building this City. The Black Archives is very much involved in training residents. Money that we're asking for certainly would be used for training. That's an important part of what we do. We're asking for, again, co-sponsorship of the "Happy Birthday, Miami" festival, and we're asking for it now, rather than two weeks before the festival. That gives us a chance, really, to go out and get other Sponsorships, to go to corporations and get sponsorships, and to be able to help with the training. Training; is very important to us, and so are the businesses. When we did the parade, and the Commissioners were a part of that, Commissioner Tcele led the parade. Commissioner Teele: And the Mayor. Dr. Fields: And the Mayor, yes. Commissioner Winton, Commissioner Gort were all on stage. Commissioner' Teele: Commissioner Regalado unveiled Mount. Zion as I -- St. John's, as I remember. Dr. Fields: It's all a part of the history. And, you know, we say to you today, again, when Ms. Culmer and the late Claomi Bloomfield, and Davis, James, Louis Davis and those sat with the Commissioners and staff in 1982. I mean, you have to only look at this document, The entire document comes from the Black Archives, from the information that we have done as researchers, that we have put forth, that not only tells the story of the black community, but it tells the role of how we fit into the City's development. And so we would ask you to please consider this request. Mr. Davis: And may I add that although it is a festival, and it is festive, having; this festival has been a part of the master plans that were done for the Black Archives in 1985, the Leventhal Report, where it says that to -- one of the things that has to change for Overtown to make it is you have to change perception of it. It is a marketing program. i do not live in Overtown, but I was born in Overtown. So that's very close to my heart, the Overtown arca. I know that for many years, my grandmother started a church that started in Overtown, which is still in existence now, but now, it's in Pompano. So Overtown is very dear to my heart. We have two facilities there, A lot of my time is spent now at the Lyric Theater and the Dorsey House managing those facilities. So I know there are people that live there now, but I have lived in Overtown. As a youth, I used to walk the streets of Overtown selling conch fritters and pies. Commissioner Tccle: OK, OK. Mr. Davis, let me tell you what. We're going to run out of time. One of our Commissioners has to leave, and we're going to defer this item till after lunch if you don't let us vote on something;. So you can -- Please, anybody that wants to speak can speak, but just know that once Commissioner Regalado -- and we let him leave at 1.1:50. We need to have 79 September 13, 2001 sonic time to deliberate over this item. But, please, I'd like for anyone who'd like to speak to speak. I'm embarrassed -- Let me say I'm embarrassed about two things. First, nobody has to come and defend why you're here and what you stand for. This is America. And whether you live in Ovcrtown or whcthcr you live on the moon, if you come here with your heart and your commitment for Ovcrtown, you don't need to take a saliva test to determine whether or not you lived in Overtown for 20 years, because most of the folks talking about Overtown didn't live there -- weren't born there. Most of them weren't. And it doesn't really matter. Overtown had a population of almost 70,000 people. Overtown that we're talking about isnot the Overtown today. It's the Ovcrlown than embodies the essence of the City of Miami. It's not about a physical place anymore. Ovcrtown is not about the 9,600 people who live there. Overlown is about an energy. It's about a spirit. It's about a history. And anyone, white, black or Hispanic, resident or non-resident is free to cone to this Commission and articulate and propose anything positive as it relates to Overtown or anybody else -- or any other part. Just like I would encourage people to cone and talk about Little Haiti. You don't need to live in Haiti to fight for Little Haiti. You don't need to live in Coconut. Grove to stand up for Coconut Grove. And so I'm embarrassed to sonic extent. And I welcome everyone coming and giving their view. But I consistently say this to everyone, especially why -- with all due respect to the previous Mayor, who created Overtown Advisory Board -- you know, as bad as it is now, Commissioner Winton, it was a thousand times worse 20 years ago. 1 mean, there were knock down, drag out fights, and people cussing each other out. At least it's civil now. Because there's always been this tradition or this history that everybody wants to speak for Overtown. And it's a divide and conquer kind of mentality. What Dr. Fields, what the Black Archives is asking for is not even really about Overtown. it's about Miami. The celebration is a celebration, "Happy Birthday, City of Miami." It's not a "Happy Birthday, Overtown." 'That's not the request. And it's not -- Overtown just happens to be a physical place where the history of this City was carved Lip and created. And so I can sec no reason why the City of Miami should not sponsor -- co-sponsor, right here, right now -- and it's great that you're coming a year in advance, or nine months in advance as opposed to a month in advance -- to work with the Black Archives to co-sponsor the "Happy Birthday, City of Miami" Celebration. I would so move the co-sponsorship. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and seconded. Commissioner Winton: Second. Vice Chairman Gort: Is there any further discussion? Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. 80 September 13, 2001 • 0 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTiON NO. 01-895 A MOTION APPROVING TH.F REQUESTS RECEIVED FROM MR. DEREK DAVIS OF THE BLACK ARCIIIVES, FOR THE CiTY OF MIAMI TO CO- SPONSOR THE 2002, HAPPY 1311 'THDAY FESTIVAL. 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 E. 1'eele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None Commissioner Teele: Mr. Chairman, on the second motion, I would move that the Community Development Office be instructed to work with the Black Archives and the appropriate Federal agencies to determine whether or not the Black Archives administrative support is a suitable and appropriate characterization or grant recipient for CDBG (Community Development Block Grant) historic funds, historic designation funds. I would so move. Commissioner Winton: Second, Vice Chairman Gort: Second. Discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-896 A MOTION INSTRUCTING THE CITY ADMINISTRATION TO WORK ALONG WITH THE BLACK ARCHIVES AND APPROPRIATE FEDERAL AGENCIES TO DETERMINE WIlETHER THE BLACK ARCHIVES IS A SIJITABLE RECIPIENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (POSSIBLY IN THE HISTORIC PRESERVATION CATEGORY), September 13, 2001 Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifrcdo Gorr Commissioner Torras Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None Commissioner Tcele: They raised three issues. Hold on. You've asked the question of the administrative support. What we're doing by that motion is trying to determine -- you know, now let me just say this. Your CDBG support, if it is able to be done -- it's clearly eligible as public service. I don't think there's any question about that. And 1 thought you all had received public service funding in the past. And that's maybe my fault, or our fault. Butwe need to look at that. But there is no reason at all why the City of Miami is riot 100 percent behind the work of the Black Archives Foundation. 1 mean, if we've not been that, then we need to do that clearly in tenns of the administrative work. The work that you all are doing is legendary. It changes the image of the City. 1 was Nvith the people from -- where is it, Mr. Clerk? -- the University of Florida research, historic people? Walter Foeman (City Clerk): F1U (Florida international University). Commissioner Tecic: fs that FIU? Mr. Foeman: Yes. Commissioner Teele: From that federal -- that state grant? Mr. Foeman: Yes. Commissioner Teele: And the one thing they noted is that there is very little written on the Internet about black history throughout the State of Florida, and very little, really, about the City of Miami's history on the Internet, right now. Was that a fair characterization of what that historian/researcher said? Mr. Foeman: Yes. She's trying to build a digital library, and she did refer to that. Commissioner Teele: "They're building this digital library. And so, you know, we've got a lot of work to do. And we don't need to get detracted about the work, because the work you're doing, Dorothy Fields, is not for the residents of Overtown. It's not even for those of us that are alive today. it's for those that are unborn, that are going to come here 200, 300, 400 years from now. And so you need to be encouraged, Dr. Fields, in terins of the support that this City needs to give 52 September 13, 2001 the Black Archives and your basic historic research, and doing that resolution opens the door. Now, the question is the dollars. And so what 1 would move is, move that the City of Miami -- the Manager, working with the CRA staff, develop an appropriate budget or an appropriate review and recommendations, jointly or independently, whichever is convenient, for the City and the CRA to see how we can develop a comprehensive approach in terms of the "Happy Birthday, Miami" celebration. Yes, sir. Carlos Gimenez (City Manager): I ]have a suggestion. We have moved all of our festival money to MSF,A (Miami Sports and Exhibition Authority). So my suggestion would be that they petition MSEA for financial support of that particular celebration. Commissioner Teele: Well, let me tell you what I'd rather do. I'd rather move that the Manager coordinate with the CRA Director and the MSEA Director, relying primarily on our staff -- that is our historic staff and our professional staff -- and make a recommendation to this Commission, with copies to the CRA Board and the MSEA Board within the next 60 days on a comprehensive approach to the "Happy Birthday." We don't need to run them from MSEA to the CRA and then we wind tip -- we could have maybe gotten our print office to print something that's an in-kind to us that would have cost them nine thousand dollars ($9,000) or something. So I think there is an opportunity to look at this on a cooperative basis, but with a view toward recognizing what Ms. Green is saying, and that is to minimize the public dollars that are in this -- that is the City of Miami public dollars -- and let's look to .MSEA and the CRA to see how Nye can come up with -- There are special funds and there are special revenue funds for this kind of activity. I would so move. Vice Chairman Gort: Motion. And second? Commissioner Winton: Second. Vice Chairman Gort: Discussion. Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner T'eele, who moved for its adoption: MOTION NO. 01-897 A MOTION 1NSTRUC.TING THE CITY MANAGER TO PETITION AND COORDINATE, ALONG WITH THE EXECUTIVE DIRECTOR 017 THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) IN DEVELOPING AN APPROPRIATE REVIEW AND RECOMMENDATION AS TO HOW THE CITY CAN ESTABLISH A BUDGET FOR THE HAPPY 13110'HDAY CELEBRATION; FURTHER STIPULATING THAT SAID RL COMMENDATIONS SHOULD COME. BACK BEFORE THE CITY COMMISSION WiTHIN' 60 DAYS, 83 September 13, 2001 Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur C. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: Commissioner Tomas Regalado Commissioner Tecle: And finally, Mr. Chairman, I would ask the City Attorney to work with Mr. Davis or whoever Dr. Fields would designate, to work toward updating the 1982 resolution over the next three, four, five, six months. But let's have a thoughtful approach to this, and update that resolution, because I think we need to conic down again and say we're still behind what itis you're doing. I'll make one personal request, though, Dr. Fields. I would very much like to see the Black Archives Nvork with the CRA to develop an office that's technology-based lirom the concept for the Black Archives in Overtown. I ()link a part of what, you (:now, you're hearing; and a part -- and trust me. l don't think you should he defensive. But I really do think a part of this whole thinking is we neer( to have -- like we're talking about at Virginia Key, the Civil Rights Museum -- we need to have in Overtown a structure that's a repository where students and scholars and others can come and do scholarly research, not an office, per se, for parties and picnics, but the scholarly research that I think that you so richly deserve. And I want to be very much in the forefront of supporting that. But I think the request and the initiation needs to come from the Black Archives, and not from the City, and not from the CRA. Dr. Fields: We would welcome that, Mr. Chair -- oh, I'm calling you Chairman -- but we would welcome that, Commissioner Tecle, and that's something that is very sorely needed. We have wanted to work with the CRA. And certainly, this would be a good focus for the technology center that you have initiated. So we look forward to -- What. is the first step? Who do we sec first? Commissioner Teele: Well, I wouldn't tie this to a technology center. I would tic this to a Black Archives museum or a Black Archives laboratory, or whatever the appropriate archivist -- archives that's a physical structure where people can conk, because one of the challenges is getting; information. And l know that right now with the project that. the Clork is doing, there's going to be so much information online available. The City is going; through all of the City Commission meetings, from the first Commission meeting that was written in hand, and all that's going to be on line, and all that informa -- that's what the whole Internet process is about, is getting information out there. And 1 really would hope that we could work with you to develop a structure that would be satisfactory to yourself that we could support as a museum, or in archives or whatever the appropriate place would be. Dr. Fields: And who should we -- 84 September 13, 2001 Commissioner 'reel c: The Executive Director of the CRA, the interim Executive Director. Dr. fields: Thanks. Commissioner Winton: Dr. Fields. Dr. Fields: Yes, Commissioner Winton: Wasn't that part of the expansion of the Lyric 'Theater? I mean, weren't those functions, those ideas in the past? Dr. Fields: It was. But we -- because we don't have the land east of us, we have not been able to move forward with it. But, yes, it would -- ideally; it should be all a part of that complex. Commissioner Winton: Is that land tied up in litigation? Commissioner Teele: That land is, unfortunately, was awarded -- that land's tied up in litigation. Let me put it that way. And it involves an issue of a response to an RFP (Request for Proposals) by St. John's CDC (Community Development Corporation) to the City of Miarni. And the CRA, of course, is financing that litigation jointly with the City, trying to clear that up. And I think it's a pressing call to clear tip some of these things. Commissioner Winton: Absolutely. Commissioner Teele: But again, no good deed goes unpunished. Vice Chairman Gort: Thank you. Dr. Fields: 'Thank you. Thanks to all of you. 85 September 13, 2001 20. BRIEF UPDATE ON. UPDATE ON LEAGUE OF CANCER EVENT INVOICE/BILL THAT LEAGUE RECEIVED INSTEAD OF MSEA. Vice Chairman Gort: At this time, I'd like the Spanish representative -- Ms. Abrams, can you come forward, please? If you recall, a few months ago, when we passed the League of Cancer was going to use the Convention and Visitors -- our Convention Center. If y'all recall, we passed a motion that that bill should be sent to MSEA (:.Miami Sports & 1�xhibition Authority) and MSEA to pay for it. Has that been done? Because I received a -- the League received a bill and they sent me a fax. Ms. Christina Abrams (Director, Public Facilities): Commissioner, 1 don't know the current status. I'll look into it and report back to you as soon as I speak to the Coconut Grove Convention Center. Vice Chairman Gort: Could you please? Because that was my understanding, the motion that was passed here by this Commission. Ms. Abrams: It's true, that was a motion. Vice Chairman Gort: Thank you. Commissioner Teele: Mr. Chairman, don't you have a resolution that would clarify that issue? Vice Chairman Gort: A resolution was passed already. Ms. Abrams: It was passed. Commissioner Teele: Yeah, but you have a pocket item, don't you? Vice Chairman Gort: No, I don't have a pocket item. No, sir. I have other pocket items. Commissioner Teele: OK. Ms. Abrams: No. I don't know if MSEA did. I'll have to find out. Commissioner Teele: Thank you all for coming. 86 September 13, 2001 21 A ARDB BRIEF COMMENTS BY POMMISSIONER T*EELE ON - POCKET ITBMS 0 BE. PgoQ SIT. U ? AT L' 5R PART OF GI RENT , MEE.TING ,(,OtSIGNATING f FLAG DAYF „R CITY, FAGS FOR3RESIDENTS,-D4SP`TO�COME=BACK WITH NLJMBF�tS ON DESI j�V` ISTRICTa PROM Ni)..( ee. 92j. i . Vice Chairman Gort: l do have a pocket item, but if you have your items -- Commissioner Tecle: Well, I've got a whole list, but -- I mean, I'll defer to your pocket item. The only thing that 1 would like to ask, respectfully, as a hart of my list -- and we can take them at the end of the agenda or whenever it's convenient -- Vice Chairman Gort: OK. Commissioner Teele: -- is that I've asked the Off-Strect Parking Director to come in with a number for the design district. The same kind of problem for a weekend, and I'm going to be seeing if we can work through that one weekend problem that the design district has today. And the other issue involves asking the Manager to come back later on today with this issue on flags and for the Attorney to prepare a resolution designating a day -- I would hope that, you know, like Monday, the 17th or something -- as Flag Day in Miami, and basically really trying to pull our community together and show support. But I'd ask the Manager to work with us on that pocket item. 87 September 13, 2001 F22. L—jP-5ACONC 1tNINCr CLEA'�1;UP QF CLZ'Y'S CAN I S . iaFN - --� Vice Chairmwi Gort: The only item -- the pocket items we'll bring on later this afternoon. 'rhe only item I have on the Commission's agenda was the -- we had a meeting. It was concerning the clean-up of the canals throughout the City, which is something that so much needed to have the water flow go through so we can avoid some of the flooding that's taking place. And there was a big meeting with the County, the state, and the City, which I think a lot of progress has been made. And I want you to know, after all this rain that we've had -- 1 went this morning to certain neighborhoods in Allapattah and some of the problems been solved and I want to let you know that the work -- there's still more work to be done, but you guys are doing your job. Unidentified Speaker: Thank you. Thank you. Vice Chairman Gort: So, I don't have -- that's about all I have. Commissioner Teele: Mr. Chairman, I have a series of items that I wanted to take up, but I thought -- we have kill these people that -- you know, these personal appearance items and I just thought, out of courtesy, if there were any of the items on personal appearance, like number 10, the issue of the -- number 11, the Calle Ocho Walk of Fame. We've got all these personal appearances. I just think it's courteous to give them, if they're here, the opportunity to come forth before we break for lunch. Commissioner Sanchez: Mr. Chairman, could we call Item 10? Are they here? Carlos Gimenez (City Manager): We're pulling Item Number 10. Commissioner Sanchez: Oh, you're pulling Item Number 10. But it was your recommendation to -- OK. We'll go ahead and pull it. Is someone here from -- Vice Chairman Gort: Item 10 was postponed. 88 September 13, 2001 0 9 23 DENY RRLTESt$ R-CENED FROM _MS STET:LA MCLI�►iJGII, N, IOTCERT PRQMQ ER FQR ASAP REGAR]7�NCk�,EXTIENSION 'Q NtJt ORI)I'i�T CF v R ITS EENT SCH PLl)f E:D OR SATURDAY; J ' * AR'Y�^ +"ht JNT St�R Stella McLaughlan: Item number 9 -- number 8. Commissioner Tcele: OK. Items 7, 8, 9, 10, and 11 are personal appearance items, and before the Commission always tried to get to those in the morning so that people weren't inconvenienced. Commissioner Sanchez: Leroy is not here. Vice Chainnan Gort: Leroy is not here. This is item 7. So we'll bo to Item 8. Ms. McLaughlan: Yes. I'm item 8. My name is Stella McLaughlan. My address is 9325 Southwest 181 Street, Miami. I had written a letter to the City Manager on August 6th. I'm a local South Florida concert promoter. 1 produce several large events at Bayfront Park from 1994 to the year 2001, and I'm now in the planning stages of an event, Saturday, January 26th, 2002. It's going to be a sound system concert in which international DJs compete for prizes. The demographics of the audience will be primarily Caribbean, between the ages of 18 and 50 years old. This type of event is usually staged inside of a nightclub situation. I want to make it a larger type of event where all ages can come to it. I would like to ask for an extension curfew until 3 a.m. versus 1 a.m. At one of the venues, I -- I've listed three of the venues that I would like. One is either Bayfront or Bicentennial, naturally, since I've done all my events at those facilities. Number two would be Virginia Key or number three would be Coconut Grove Convention Center. Vice Chairman Gort: OK. Thank you. Commissioner Teele: The Manager's recommending denial, is that right? The Bayfront Park Trust is. Carlos Gimenez (City Manager): The Bayfront Park Trust. .lay Constantz: Jay Constantz. Bayfront Park Management Trust. Our position on this would be it denial. We have a several -imposed 1 a.m. curfew and we feel that that's in keeping with being a downtown citizen and being respectful of the hotels that front the park, so we would like to see the Commission adhere to the 1 a.m. as it relates to this specific request for Bayfront and Bicentennial. Commissioner Winton: How often do we modify a rule? 1 mean -- Mr. Constant: We don't. Commissioner Winton: OK. So, no one gets -- 89 September 13, 2001 Commissioner Teele: Well, New Years you do. Don't you do it on New Years? Mr. Constant: New Years we stop the broadcast of music and amplification by I a.m. Commissioner Sanchez: At 1:00. And here's the thing. Commissioner Winton: Great. Commissioner Sanchez: It's all standardization. One o'clock. Motion to deny. Commissioner Winton: Yeah, second. Vice Chairman Gort: It's been moved and seconded. Any discussion? Being none, all in favor state it by saying "aye.11 The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO, 0 1 -898 A MOTION TO DKNY REQUESTS RECEIVED FROM MS. STELLA MCLAUGHLAN, CONCERT PROMOTER FOR A.S.A.P. REGARDING THE EXTENSION OF NOISE ORDINANCE, FOR ITS EVEN'r SCHEDIJLED FOR SATURDAY, JANUARY 26, 2002, AT BAYFRONT OR BICENTENNIAL PARK. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur F. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado 90 September 13, 2001 24.. DEFER CONSIDERATION OF REQUEST PROMx'1VIR ISIDORADEAPRES-PENT OF CICAMEX, FOR 1N�IZIND ,S.ET V CES ANDS WATUER .OF P$�MI`I2 AND ADMINISTRATIVE FEES ; IN, CONNECTION WITH C4ARNIVAL, INDEPENDENtwIA Y�E,. CENTRO ABI�ICAAND NIEXIC0,.2Op1 Vice Chairman Gort: OK. Item 9. Commissioner Teele: Mr. Chairman, you have Item 11 -- we just took up 9. You have Item 10 and 11. Item 11. Commissioner Sanchez: Ten, we'll Commissioner Winton: Defer. Commissioner Sanchez: -- move to defer. Coni nissioner Teele: Second the motion. Vice Chairman Gort: All in flavor state it by saying "ayc." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO, 01-899 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 10 (REQUEST FROM MR. ISIDOR CADEA, PRESIDENT OF CICAMEX, FOR IN-KIND SERVICES AND WAIVER OF PERMIT AND ADMINIS'T'RATIVE FEES IN CONNECTION WITH THE CARNIVAL INDEPENDENCIA DE CENTRO AMERICA AND MEXICO 2001, SCIiEDliL.ED FOR SEPTEMBER 16, 2001). Upon being seconded by Commissioner Tcele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner ;foe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Rogalado Commissioner Sanchez: It will be named in the next agenda. 91 September 13, 2001 25,: MS-"' A., -N, VARRO, #'RESIDENT`O� CALLE.'OCI•IO �1I�L1C'OF��A,VSE, TSO` A DRESS; TE CITY COh"SSION dONGEItNING APF tQYAI, T iE :_DIST` OF, NOMINEE�a S.i7B ." 'TIED ``�O�-A STAR.ON.;CALI)�' OCHO; 'i Ys `�'t � ' Vice Chairman Gort: Eleven. Carolyna Navarro: (food morning, Commissioners. I'm representing Calle Ocho walk of name. I have the opportunity of presenting 14 names that were selected by the Nominating Committee Walk of Fame, and I am here for your approval. Commissioner Teele: Have you read the Manager's recommendation? Ms, Navarro: With all due respect, 1 need to clarify something. In the contract it says that i should have the approval of the Little Havana Festival Committee. They have cancelled the meetings twice. Yesterday, 1 spoke with Mr. Martian. He's the only member that's approved the names already, and 1 will be meeting with two other members tomorrow. So, if this can be approved -- this needs to be approved regarding that I present the other two signatures of approval from Little Havana Festival Committee. Commissioner Sanchez: Mr. Chairman? Vice Chairman Gort: Commissioner Sanchez. Commissioner Sanchcz: Mr. Chairman, she has met all the City requirements, is that correct, Mr. City Manager, Public Works, Mr. Jackson? She has met all the requirements. John Jackson (Director, Public Works): Yes. Commissioner Sanchez: The only requirement that she has not met is the Little Havana Festival Committee, which is not - and, of course, yesterday they did not meet because of the situation that we face. But looking at the names that's proffered on the paper, I don't think there is a single name that's offensive to anyone. 1 am prepared to move to approve, with conditions. That is., clic administration's recommendation to approve, with conditions. So, therefore, I -- unless -- Mr. City Attorney, do you have... Alejandro Vilarello (City Attorney): No, l have no problem with the Manager's recommendation. The Manager's recommendation is that it goes forward, if the committee approves these navies. Commissioner Sanchez: The committee could meet later on and approve the names. Mr. Vilarello: Exactly. As long as -- Commissioner Sanchez: We've got to get the process going. 93 September 13, 2001 Mr. Vihucllo: -- the committee meets in a properly called meeting of the committee, as opposed to any other matter. Commissioner Sanchez: So, subject to the approval of that committee to approve those names. Because I'll tell you exactly what's happening -- (NAUDIBLE). Commissioner Teele: Yeah, it's not fair for this -- these people -- if you have a committee and it doesn't function -- you know, it's almost like we're getting ready to put ourselves in a -- you know, a committee has got an obligation to function; otherwise they wave their right to approve, as far as I'm concerned. So, I mean... Commissioner Winton: Or even to exist. Commissioner Tcele: To exist, yes. Commissioner Winton: I saw the line item budget on this stuff. In our budget, what did we spend, three hundred and eighty-five thousand dollars ($385,000) a year to support all these damn committees? Commissioner Teele: I'll do whatever Commissioner Sanchez wants to do, but I'm just saying, 1 really don't think it's fair to keep sending somebody back -- if they go to the committee nmecting and they're there and it's been cancelled twice, for whatever reason, we've ought to figure out a way to do something other than that. Commissioner Sanchez: Well, yesterday was a valid reason. Commissioner Tecle: Obviously, Commissioner Sanchez: Obviously. But prior, I don't know. I know that you have done an exceptional job. My concern is that those stars are out there; they need repairs; they need to be cleaned, and it's holding back. I am prepared to make the motion to approve, with conditions, and then subject to that festival approving those names, I don't have a problem with that. Commissioner Tecle: Second the motion. Vice Chairman Gort: OK. it's been moved and second Commissioner Winton: Subject to by what time? I mean, what if the committee doesn't meet this month or next month? Commissioner Sanchez: Well, if they don't meet next month, they wave the right to approve and it automatically is approved. Commissioner Winton: Let's give a deadline here, so she doesn't have to be hanging out there. Cornmissioner Sancho: Mr, Attorney. 94 September 13, 2001 11 Mr. Vilarello: Can I just make a suggestion? One, with regard to maintenance, there is nothing in the contract that prohibits or limits their obligation to maintain pending committee approval. Going to the issue of committee approval: if the City Commission wishes, in this instance, to wave the requirement 1'or committee approval, you have that authority to do so. I'd just like to make sure, for the record, that it's only in this instance because of the actual ordinary issues of scheduling a committee meeting before today's meeting. Commissioner Sanchez: I don't want to do that because that committee has met in the past. 1 mean, they just didn't meet for one meeting. Apparently, they didn't have a quorum and now, this reason... Commissioner Toole: But I think: you could wave it if they have not met -- wave it for this item if they have not met within 30 days. Commissioner Sanchez: OK. Move to wave on this item. Commissioner Teele: If they've not met within 30 days. Commissioner Winton: Not met... Commissioner Sanchez: if they've not met within 30 clays. Commissioner Teele: That gives them the opportunity to meet. Vice Chainnan Gort: It's been moved and second. Let inc tell y'all something. 1 saw the paperwork that has been done by this organization and I have to tell you, the Advisory Board that they have put together and the steps that they have put together, this will really be a program that will be a great benefit to the Calle Ocho. (UNINTELLIGIBLE) have a really big tourism into that arca. Besides what you had done with the Viernes Culturales, which is a groat job. So, all in favor state by saying "aye". The Commission (Collectively): Aye. 95 September 13, 2001 0 fhe following motion was introduced by Commissioner Sanchez, who mowed its adoption: MOTION NO. 01-900 A MOTION GRANTING REQUEST RECEIVED FROM MS. CAROLYNA A. NAVARRO, PRFSTDENT OF CALLS OCHO WALK OF FAME, FOR APPROVAI., OF A LIST OF NOMINEES SUBMITTED FOR. A STAR ON CALLS OCHO; FURTHER CONDITIONING SAID APPROVAL TO THE- REVIEW HEREVIEW AND ACCEPTANCE OF THE LITTLE HAVANA FESTIVAL COMMITTEE, WITH THE S'1'iPULA'1'ION THAT IF SAID COMMITTEE DOES NOT MEET WITHIN THE NEXT 30 DAYS, THE REQUIREMENT TO OBTAIN ITS APPROVAL SHALL BE WAIVED. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioncr Johnny L. Winton Commissioner Arthur I. 'I'eele, Jr. NAYS: None ABSENT: Commissioner Tomas Regalado Vice Chairman Gort: Thank you. 96 September 13, 2001 26, DEFER �CONSIDERATIOTI OF. DISCUSSION ON, BILLBQARDS; EU 8RSTIPULATING THAT CITY WILL ;NOT 'ONCE ­ ACTIONS UNTIL OCTOBER 16, r200t;_DEFER!CONSIDERATION,OFii PRQPOSEWFIRST READPIG ORAINANCB''' TO fiSTABLISH `PARING TES' BOAT TII AAIIFR. LARKING L'4�I' AT SEMINOLE' BOAT RAMP, `EROPU iED ACC PTM4Cir OF, PLAT ENTI.ITIED FEDERAL, CQURTHUUSE;<DISCUSSIUN CONCERNI<NG.-STATUS 1OORTS QN PLANNING ADVISORY AND. ZONING BOARD PRESENTATION-OF'BEDibIINSTER PROPOSED PROJECT; AND DISCUSSION CONeCERNING CODE V-I6LATI0NS AT- MODEL CIM CHURCHES- DEFER CONSIDERATION OF1` PROPOSED SECOND READING OF ORDINANCE .TO,�CREATE'1 AND ESTABLISH..LI:TTLE,'HAVANA-HOME OWNERS141P TMT ('see 33),, Commissioner Tecle: Mr. Chairman, before we go, the Manager has informed -- at least some of his staff have informed they want to defer a couple of items. Vice Chairman Gort: Right, Commissioner Teele: Why don't we defer those items now because a lot of these people are working by the hour, and I'd like to get rid of -- Vice Chairman Gort: Go ahead. Go ahead. Carlos Gimenez (City Manager): Yes, sir. We'd like to -- Vice Chairman Gort: They're very expensive. Mr. Gimenez: We'd like to defer to September 25th items 21, 36, 44, 44-A, 45, and then on Item Number 47, we want to stipulate that enforcement action will not happen until two weeks after the meeting of the 25th, which is -- this is the item on the billboards. Commissioner Teele: 1 would so move those deferrals. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Mr. Gimenez: No. I have some more. Also like to defer to November 8th, number 16, and also we're pulling supplemental agenda number S-7 and pulling Item 43. Commissioner Teele: Now, the first group that you read you're deferring those to the next meeting? Mr. Gimenez: Yes, sir, deferring to the 25th, Deferring to the Sth will be number 16. Pulling is supplemental 7 and 43. 97 September 13, 2001 Commissioner Teele: 1 would so move those items as read into the record. Why don't we do this? Why don't we do 45-A as a separate item? And that is because that has some conditions in it and that was a 45 -- 1 would move the deferral of Item 45 and further stipulate or require that there be no enforcement actions -- was it 45? That's the one ,you -- Mr. Gimenez: No, you're talking about 47. Commissioner Teele: Forty-seven. That's the one you read into the record? Mr. Gimencz: Yes, sir. Commissioner Tecle: Forty-seven. I would move the deferral of Item 47, and further stipulate that the City will not enter into enforcement actions for three weeks after the item has been heard on September 25th, Commissioner Sanchez: Second. Vice Chainnan Gort: Any further discussion? Commissioner Winton: Yes. Mr. Manager, why are you deferring a -- Vice Chainnan Gort: Wait. All in favor state it by saying "aye." Commissioner Tecle: It's just 47. Commissioner Winton: Oh. I'm sorry, OK. Aye. The Commission (Collectively): Aye. The following motion was introduced by Commissioner Tecle, who moved its adoption: MOTION NO. 0l -901 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 47 (DISCUSSION CONCERNING BILLBOARDS) UNTIL THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 25, 2001; FURTHER STIPULATING THAT THE CITY WILL, NOT ENTER IN'T'O ENFORCEMENT ACTIONS UNTIL OCTOBER 16,200t. 98 September 13, 2001 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chainnan Wifi-edo Gort Commissioner Joe Sanchez Commissioner Arthur C. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Teele: OK. Vice Chairman Gort: OK. Commissioner Tecie: And then I would move the deferral of Items 21, 36, 44, 44-A, 45 to the next meeting. Commissioner Sanchez: Second. Vice Chairman Gori: It's been moved and second. Commissioner Teelc: Did you have any others you wanted to add to the next meeting? Commissioner Sanchez: Those are going to the 25th? Commissioner Tecle: Right, Commissioner Sanchez: All right. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. 99 September 13, 2001 The following motion was introduced by Commissioner Tecle, who moved its adoption: MOTION NO. 01-902 A MOTION TO DEFER CONSIDERATION OF T11E FOLLOWING AGENDA I.TEMS: 21 (PROPOSED FIRST READING OR ORDINANCE TO ESTABLISH PARKING 101ES AT THE )BOAT TRAILER PARKING LOT AT SEMINOLE BOAT RAMP, LOCATED AT THE SOUTHWEST CORNER OF S.W. 27TH AVENUE AND SOUTH BAYSHORE DRIVE IN COCONUT GROVE, MIAMI, FLORIDA), 36 (PROPOSED ACCEPTANCE OF PLAT ENTITLED FEDERAL COURTHOUSE), 44 (DISCUSSION CONCERNING STATUS REPORTS ON CITY BOARDS, COMMITTEES AND ITS ACTIVITIES FOR, PLANNING ADVISORY AND TONING BOARD), 44-A (PR-SENTATION OF THE BE..DMINSTER PROPOSED PROJECT), AND 45 (DISCUSSION CONCERNING CODE VIOLATIONS AT MODEL. CITY CHURCHES) TO THIS COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER 25, 2001. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chainnan Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur F. Teelc, Jr. Commissioner Johnny I.,, Winton NAYS: None. ABSENT: None. Commissioner Teele: I yield to Commissioner Winton. You wanted to ask a question about an item before we make any more motions? Commissioner Winton: Yes. On 43, it's an emergency ratification. So -- huh? Yeah, you did. You -- oh,1 misunderstood. Mr. Gimenez: It's 21, 36, 44, 44-A, 45 and 47. We already deferred -- Commissioner Winton: When you read S-7 and 16. 100 September 13, 2001 Mr. Gimenez: I'm sorry. You're right. We're pulling 43. That's because of we had spent over foity-five htuidred dollars ($4,500). Commissioner Winton: Thank you. Vice Chairman Gort: OK, i have what --I'd like to bring just one, which is --you all have -- Commissioner Teele: You want to move that -- carry that -- now, there were some items that we didn't carry. One he wanted to move to October something. We didn't move that. There was it 16A. Mr. Gimenez: Sixteen deferred to November 81h. Commissioner Tecle: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved and second. Is there a second? Commissioner Tecle: You read into the record 16A the first time. Mr. Gimenez: Sorry. Sixteen. Commissioner Sanchez: Sixteen. Commissioner Teele: OK, Vice Chairman Gort: For November 8th. All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO.01 x903 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 16 (PROPOSED SECOND READING OF ORDINANCE TO CREATE AND ESTABLISH THE LITTLE HAVANA iIOMEOWNERSHiP TRUST) UNTIL THE CITY COMMISSION .MEETING PRESENTLY SCHEDULED FOR NOVEMBER S, 2001. MI September 13, 2001 Upon being seconded by Vice Chairman Gort, the motion was passed acid adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner "Tomas Regalado Vice Chairman Govt: Okey doke. lie back at three. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:09 P.M. AND RECONVENED AT 3:13 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT COMMISSIONER TEELE AND VICE CHAIRMAN GORT, FOUND 1'0 BE PRESENT. 102 September 13, 2001 27. ACCEPT RECOMMENDATION Of,. CITY MANAGER TO APPROVE FINDINGS ';OF EVALUATION; COMMITTEE, PURSUANT TO REQUEST FORT PROPOSAL; FOR FINANj<AL UNDERWRITING SiERVCES, AND AL1'FH4RIZECITY ATO ACEPT r t� 4 PROPOSALS. ANDxSEGURE SERlUICESFUF SI7rFAtM,; J.P, II4RGT, UBS 1'AINL W:EBBERt11+IORCfAN STAN73 Y SEAN WITTBR; 1HMA�AT BROmHERS; SALQI�ION; , SMITH `BARNEY, "'ANp' JACKSON �SECURTTIES,. FORC ,. OFFICE- OF 'ITY MANAGER;, .WITH FUNDING AVAILABLE FOR FIRMS;THROUGHuPROC1 EDS OF. BONDS ISSUED. Vice Chairman Gort: At this time, if you don't mind, we're going to have Mr. Adolfo Henriques here, the chairperson for the underwriter selection, and, as you all know, since I'm in the industry, I'm stepping out on this one. Adolfo I-lenriques: Ready? Twenty-three. Carlos Gimenez (City Manager): item 23. Mr, Henriques: Should f go ahead and get started? Thank you. First of all, let me tell you that as a. former chair of the Financial Oversight Board, it really gives me great pleasure to be here today with a recommendation for the City's underwriting services. It's great to know that the City of Miami is once again on very sound, financial ground and it's really as a result of the care and the focus and some very difficult but very appropriate actions that you all have taken here and i really want to commend all of you on all of the efforts that you have donor Commissioner Winton: Adolfo, could you repeat something for public benefit here because it will be on NET 9. It might even be in ".The A?ian-d Herald." Chuck. Mr. Henriques: We are in financial sound • Commissioner Winton: What did you.just say about our financial condition? Mr. Henriques: I said that Miami is again on sound financial ground. And I am as delighted, Conunissioner Winton, as you are, yourself. I was very, very pleased to chair that Selection Committee for the financial services underwriting, and really delighted to serve with Robert Beaty from "The Miami Herald," who's also a former member of the Oversight Board, and Merritt Steirheim, of course, and Roger Carlton, with Lockheed Marlin, and Scott Simpson, who's our City's Finance Director. We finished our deliberations on Thursday, August 15th, and the recommendation was sent to the City Manager that we employ a team of six underwriters to serve for the contract period and the recommended firms, which I'm going to state now, are in order of the way that they ranked. They are J.P. Morgan, UBS Paine Webber, Morgan Stanley Dean Witter, Lehman Brothers, Saloman Smith Barney, and Jackson Securities. The committee actually reviewed and scored 17 proposals and recommended the top six scoring firms. What we did basically was conic up with a cut-off point at 75 out of a possible hundred total points, I just want to share with you that it was very interesting; to me, after each member scored their proposals individually, that the top ranking; firms were almost unanimously selected, and we do believe that these firms are going to provide the City of Miami with the breadth and the depth to successfully re-enter the financial markets. 1 don't know if you need me to state what the other 103 September 13, 2001 • •. firms were, but very quickly, in rank order, f'll just go through them: .Advest Financial, William R. Huff, Sun Trust, Equitable Securities, Guzman and Company, Raymond James & Associates, Siebert Brandford Shank & Company, First Southwest Company, Apex Prior Securities, Loop Financial Markets, MRB and Company, and Howard Gary & Company. I speak actually for the entire committee, and the other members could not be here today, in saying that it was really a pleasure to serve the City in this capacity and we really wish the City a great deal of success in re-entering the bond market. Commissioner Winton; Adolfo, the criteria that you used for ranking these firms, how complex is that criteria? What I really would like to know is whether or not you could share with the public kind of conceptually what the key rank -- key criteria were that -- understood which -- by which you measured these firms' competitiveness. Mr. Henriques: Absolutely. 111 be happy to do that. You know, we looked at things like conflicts of interest, any type of issues, investigations, prior problenis that they have had and some involvement with the City and who was involved in having, you know, issued sonic of the previous debt for the City. We looked at the qualifications and the experience, the overall experience of each one of these firms; their success of the proposer in actually selling and marketing Florida municipal debt before; types of investors that purchased from them; the costs to the insurer, the experience of the proposer with troubled type of situations; their experience in just issuing as a senior manager here in Florida. So, how much experience they've had and that probably is a category -- that is the category that had the most weight; it carried 35 percent of the weight. We looked at their ability and their capabilities so, it's committing capital. Whether or not they could actually do what they said they were going to do; how much presence they had here in Florida; any sharing arrangements that they would have, other pertinent information relative to their capacity to perform. That carried 25 points. And then whether or not they had local experience and presence and, finally, what they did with -- in terms of minority certification and affirmative action. So, we looked pretty much at their capacity, their experience, and their capabilities, and issues surrounding them and whether or not they met all of those criteria was very well laid out in the RFP (Request for Proposal) and pretty well responded to by everyone. Commissioner Winton: Are there minority firms on this list? Mr. Henriques: There is one firm that I think classifies as a minority firm, and that would be Jackson Securities. Any other questions? Commissioner Winton: And do we have -- and the recommendation fi-om the Manager? Commissioner Sanchez: This is a recommendation. Carlos Gimenez (City Manager): We recommend -- these arc the recommended ferns from the administration. Commissioner Sanchez: So move to accept the recommendations. These are -- 104 September 13, 2001 Commissioner Winton: We have a motion. Commissioner Regalado: Second, Commissioner Sanchez: Probably the top firms. Commissioner Winton: We have a motion and a second to accept the recommendations of the Steering Committee and the Manager. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye, Commissioner Winton: Like sign oppose. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO, 01-x)04 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO A REQUEST FOR PROPOSALS NO. 00-01-184R FOR FINANCIAL UNDERWRITING SERVICES FOR THE OFFICE OF THE CITY MANAGER; AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSALS AND SECURE THE SERVICES OF THE FOLLOWING SIX (G) FIRMS, LISTED IN RANK ORDER: J.P. MORGAN; UBS PAINE WEBBER; MORGAN STANLEY DEAN WITTER; LEHMAN BROTHERS; SALOMON SMITH BARNEY; AND JACKSON SECURITIES, WITH FUNDING AVAILABLE FOR PAYMENT TO `.I'IIE FIRMS THROUGH THE PROCEEDS OF BONDS ISSUED. (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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Wilton Commissioner Arthur E. Tecle, Jr. NAYS: None, ABSENT; Vice Chain -nail Wifredo Gort 105 September 13, 2001 • Ll Commissioner Sunchez: Mr. Chairman, if i may, once again, Mr. Henriques, thank you so much. And, once again, I see the names of the individuals who are involved in this. I mean, the best of the best of Miami. So, thank you so much for looking after the City and nice to have you here. Mr. Henriques: It really was my pleasure. And congratulations and welcome back to the bond market. Commissioner Winton: Thank you. Commissioner Sanchez: Glad to be back in the bond market. 106 September 13, 2001 • 0 28. EMERGENCY ORDINANCE; ,,.ODE I✓NTITL`> "FINANCE/PURCHASING -AND.-CONTRACTS AL CONTRACTS GENERLY" TO _AUTHORISE CI -TY MANAGED TO DEBAR AND SUSPEND ;'ANY IrNTITY CON�'RACTING WI2H , CITY` FOUND, IN VV"16 A -TION. OF ZONIN(i,.ORDINANCE; OR ANY OTBER:CITY.ORDINANCE OR REGI"TIONS:.AND FOR WHICH V ULAT 4N REMA7N3';NON'FCOIvIP�L,IANT OR; FOUND,IN"VIOLATION.OF ZONifNC? 6RDIiTANC$ OR ANY OTI+IER:CITY-ORDINANCE OR REGUO;A ON, AND FQR' WHICH CIVIL PENALTY Q$ FIN IS-JU A'Np, OWING TQ Commissioner Regalado: Eleven? No'? Commissioner Sanchez: We already did 11. Twelve. Commissioner Winton: You know, Pm not the Chainnan and I don't know where he went. I'm barely keeping up with the agenda as I go, anyhow. Which agenda item? Commissioner Sanchez: Twelve is a four-fifths and it's an ordinance. Let go ahead and skip that one. Colnmissioner Winton: Yeah. Commissioner Regalado: Move -- Commissioner Sanchez; Thirteen is also -- well, 13 is also a four-fifths. Fifteen is also a four- fi fths, Commissioner Regalado: Fourteen. No, 15 is not. Fourteen, it is, So, I move 15. Commissioner Sanchez: Second, All right, Johnny. Commissioner Winton; We have a motion on -- this is a second reading ordinance. We have a motion and a second. Need to read the ordinance. Roll call. 107 September 13, 2001 • An Ordinance Entitled --- AN ORDINANCE. OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/PURCHASING AND CONTRACTS GENERALLY" TO AUTHORIZE THE CITY MANAGER TO DEBAR AND SUSPEND ANY ENTITY CONTRACTING WITH T14L CITY FOUND 1N VIOLATION OF A ZONING ORDINANCE OR ANY O`I'LIER CITY ORDINANCE OR REGULATION AND FOR WHICH THE VIOLATION REMAINS NON COMPLIANCE OR FOUND IN VIOLATION OF A ZONTNG ORDINANCE OR ANY OTLIE,R CITY ORDINANCE.. OR REGULATION FOR WHICH A CIVIL PENALTY OR DINE IS DUE AND OWING TO ITIL CITY; MORE PARTICULARLY BY AMENDING SECTION 18-102 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Regalado 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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny I., Winton NAYS: None ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur F. Teele, Jr Whereupon the Commission on motion of Commissioner Regalado and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E. Tecle, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 1.2103 The ordinance was read by title into the public record by the City Attorney. 108 September 13, 2001 29. SECOND RE ING '..QRDINANCE APPROVE AIvIENDNiENT TO CREATION OF..--:. BAY',HE�GHTS ROVING SECURITY' GUARD SPECIAL TAXING DISTRIC ;8y MIAMII DAVE ,GOirNTY TO INCREASE OFI?-DUTY: POLICE ROVING .PATRUI., o SERVICES; FROM IGHT I. VR.S,,;TO 'SIXTEEN( HUiJRS I'Eii AAY FQR' B&Y HSI - AT 1VEIC F $dI2IiDOD;.;APPROVE N CESSARY LXPENDITIJ ?S FnR' SAID :1fOVING OFF- IUT'.:-POLICE. PATROL SERVICE;; REQIJUtITTG RETMBTMS EMEHT FOR ALL EXPENDITURES; REQUIRING ,E3{ECUTIQI� OF NEW INTERLCiCAL AGItEMENT WITI=I IVIIAMI-ORAE �QLTNTY. .4; . Commissioner Sanchez: Sixtccn is deferred. Commissioner Winton: Seventeen. Commissioner Sanchez: So moved. Commissioner Regalado: Sixteen is deferred? Commissioner Sanchez: Sixtccn is -- Ycah, deferred until November the 8th for sonic tcclinical reasons. Commissioner Regalado: OK. Commissioner Winton: Acid 17, second reading. We have a motion. Commissioner Regalado: Move it. Commissioner Winton: We have it motion and a second. Read the ordinance, please. Joel Maxwell (Deputy City Attorney): This is 17? Commissioner Winton: Yes. Roll call 109 September 13, 2001 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE AMENDMENT TO THE CREATION OF THE BAY I-IEIG14TS ROVING SECURITY GUARD SPECIAL TAXING DISTRICT"' BY MIAMI-DADE COUNTY TO INCREASE THE OFF-DUTY POLICE ROVING PATROL SERVICES FROM EIGHT HOURS TO SIXTEEN HOURS PER DAY FOR THE BAY HEIGHTS NEIGHBORHOOD, MIAMI, FLORIDA; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND MIAMI-DADE COUNTY REQUIREMENTS; APPROVING NECESSARY EXPENDITURES FOR SAID ROVING OFF-DUTY POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; REQUIRING EXECUTION OF A NEW INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of July 26, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Rebalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Vice Chainnan Wifredo Gori Commissioner Arthur E. Toclo, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 12104 The ordinance was read by title into the public record by the Deputy City Attorney. 110 September 13, 2001 • • ao: SEC Otvn = TtEAI)ING 0 D ANCI�; �° s>JcTrorr, ��-? �o>; crr�cc��>✓ >✓NTI'fLF h'' FIRM' AOTEGTIOIV;" TOS 'Pkt0UrlpB .AD�I'I�I4NAL RESTRICTIONS ANA PIZOI�=IF3'j�'pNS.R�LATEp`'Tt�:P��'a OTE�IINIG�I�S°PL;A'YS,. r,x . Commissioner Sanchez: So move number 18, second reading ordinance. Commissioner Regalado: Second. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 19, SECTION 19-7 OF TIME CODE OF THE CI'T'Y Of MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION", TO PROVIDE ADDITIONAL RESTRICTIONS AND PROIiIBITIONS RELATED TO PYROTECHNIC DISPLAYS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of .luly 26, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner 'comas Regalado Commissioner .Toe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDNANCE NO. 12105 The ordinance was read by title into the public record by the Deputy City Clerk, III September 13, 2001 E 3I; S$COND -:READING OR NANCE, AMEND 3L�C i`IOj 2 143 OF; CUTY -CO ENTYTLY;D "ADXVIINISTRATION OFFICERS, C1TY C tRtK," 'IO REQUIRE THA�P CITY': OFFIGIALS ASND DEPARTMENT DIRECTORS SUBI�;YIT DEPARTMENTAL/tFFIC;E RECORDS DISPOSITION COMP .IANCE AUTHOIZIZATION FORIVU°'CEItT]FY VC ,THA'T DIfPAR NT O„ OFFIC, IS IN O MPLPANC�sS,V I'PPI CIT -y RB�Oi AS; Dia OSL`�SOIV:` R�G'I.�T;'�RTIOI�S, ,�I,AkIAA;S;I'ATtJI��S`,-AICD FL�.R�A:AD.�YIiINrSTItl�T�,IVE Commissioner Regalado: Move 19. Commissioner Sanchez: Second. Commissioner Winton: Roll call. An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING CHAPTER 2, ARTICLE III, DIVISION 4, OF THIS CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO REQUIRE THAT CITY OF M1AMI OFFICIALS AND DEPARTMENT DIRECTORS SUBMIT THE DEPARTMENTALIOFFICE RECORDS DISPOSITION COMPLIANCE AUTHORIZATION FORM, ATTACHED AND INCORPORATED AS "EXHIBIT 1," CERTIFYING THAT THE DEPARTMENT OR OFFICE IS IN COMPLIANCE WITH THE CITY'S RECORDS DISPOSITION REGULATIONS, FLORIDA STATUTES, AND FLORIDA ADMINISTRATIVE CODE; FURTHER, COMMENCING OCTOBER 31, 2001 AND ANNUALLY THEREAFTER, DIRECTING THE CITY CLERK OR DESIGNEE TO COMPLETE A RECORDS DISPOSITION COMPLIANCE AUTI-iORIZATION FORM, TO BE EXECUTED BY THE CITY MANAGER, AS THE CITY'S RESPONSE TO THE STATE RECORDS ANALYSIS SECTION OF THE BUREAU OF ARCHIVES AND RECORDS MANAGEMENT, THAT THE CITY IS IN COMPLIANCE WITH ALL RETENTION REQUIREMENTS; MORE PARTICULARLY BY AMENDING SECTION 2-143 OF SAID CODE; CONTAINING A .REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 112 September 13, 2001 was passed on its first reading, by title, at the meeting of July 19, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Tomas Rebalado Commissioncr Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. SAID OR.DTNANCL WAS DESIGNATED ORDNANCF. NO. 12106 The ordinance was read by title into the public record by the Deputy City Attorney. 113 September 13, 2001 32: FIRST, READING ORDINANCE: AMEND ORDINANCE °,NO 11167:; WHICH ESTABLZSIdED INITIAL RESOiyRGES ANDOFFIIAL := APAROPRZATTONS �"OR: SPEGIAL REVE FUS EN ITLEI? "Q1�ERA')�I�N G'.A�R S,F';wLTO INGRLAIS` TAR �'O FC��IN_ AMOUNT'�:OF $a0t7fg�,_COI�ISISTLNG STA�.F.�O .` LQmA� 1VI0�'OR VEHI`.i Uq..TNEFT!i'REVENTIDN�AIJTHORIm�, Commissioner Winton: Twenty, Operation C.A.R.S, Grant. Need a motion. Commissioner Sanchez: So moved. Commissioner Rcgalado: Second. Commissioner Winton: Got a motion and a second. Read the ordinance, please. Roll call. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NUMBER 11167, AS AINMENDED, ADOPTED JULY 14, 1994, WHICH ES]'ABLISFIED INITIAL RESOURCES AND OFFICIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED OPERATION C.A.R.S., TO INCREASE APPROPRIATIONS TO THE FUND IN THE AMOUNT OF $40,764, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY; AUTHORIZING THE MANAGER TO ACCEPT THE GRUNT AND TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE 'CO THE CITY ATTORNEY .FOR SAID PURPOSE AND TO EXPEND MONEYS FROM THIS FUND FOR NI"C1ISSARY EXPENSES, CONTINUE. THE OPERATION OF C,A.R.S PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Sanchez, seconded by Commissioner Rcgalado, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. 'Winton NAYS: None. ABSENT: Vice Chairman Wifredo Gort Commissioner Arthur E, Teele, Jr. The ordinance was read by title into the public record by the Deputy City Attorney, 11.4 September 13, 2001 S-3. .: DEFER PROPOSED; AMENDM .NT .TO SECTION 55-193 OP CITY CODE TO ESTABLISH PARKING .:RATESt rAY '-BOAT TRAILER PARKING' LOT AT SEMINOLB BOAT RAMP: (See. 26).. Commissioner Regalado: Move 21. Commissioner Winton: Twenty-one has been deferred. Carlos Gimenez (City Manager): 'Twenty-one was deferred to September 25L". Commissioner Regalado: Oh. Commissioner Sanchez: Just out of curiosity, why was this deferred? Commissioner Winton: Because I asked for it to be deferred. We're still talking about Commissioner Sanchez: That's a very good reason for it to be deferred. Commissioner Winton: Well, that's a good question. You're allowed to ask that question. Commissioner Regalado: And, by the way, Johnny, when you discuss this, I have complaints of a broken machine. There was a -- you know, where you bet your parking, I guess, ticket or sticker or whatever was broken and the person was fined. So, you need to check that. Mr. Girnmez: Well, that's operated by costs. Note for the Record: Item 21 was deferred. 115 September 13, 2001 3.4. FIRST READING OR NANCE.' ESTABLISNI NEW SPECIAL REVENC)E FUND .ENTITLED:."1~.AGLNRFIRST,,CONDOMIILJM PiOJEC2" A1D'APPR4RRIA{TE FUI�7DS . FOR SAID PROJECT..$90U,000; ALLOCATED" FROMCITY'S. AFFORDABLE HOUSTItiTG TRUST FUND . Vice Chairman Gort: What item are we on? Commissioner Winton: OK. So, we've got some issues and challenges tied to. what we're doing there. Commissioner Sanchez: Twenty-two. Commissioner Winton: Twenty-two, Commissioner Regalado: Move it. Commissioner Winton: Second. Commissioner Sanchez: Second, Just out of curiosity, those funds are coming out of the Al'fordable Housing Trust? Where are those funds coming out of, Affordable Housing Trust? Dena Bianchino (Assistant City Manager): Yes, sir, they're coming out of the Affordable Housing Trust. Commissioner Sanchez: Second. Vice Chairman Gort: Roll call, An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED FLAGLER FIRST CONDOMINIUM PROJECT; AND APPROPRIATING FUNDS FOR SAID PROJECT IN THE AMOUNT OF $900,000 ALLOCATED FROM THE CITY OF MIAMI'S AFFORDABLE HOUSING TRUST FUND, ACCOUNT NUMBER 367101; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DA'Z'E. 116 September 13, 2001 was introduced by Commissioner Regalado, seconded by Commissioner Sanchez., and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L.Winton NAY'S: None. ABSENT: Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the Deputy City Attorney. 117 September 13, 2001 • • 33. FIRST R>rADIN OR..NANCE AMEND SECTIbN. 2-33 OF CITY CODE ENTITLED "ADMIiylSt7;RA1'ION/lY1AXOR ; AND.:CITY .,.CQMYSI$SiOh', TO MOV ON LIMITATION ON NUMB R. (�F NON'SG EDUL ,Ia (POCKET) IT}EMS'THATWN 84Y CIO�i�I EI ED. f 4 .. .+ AT CITY C. MMISSION IYi1t;)R�'ING,. ;_ Vice Chairman Gort: Let me see. We -- Commissioner Sanchez: Twenty-two. Vice Chainnan Gort: What happened to Item 5 and -- are they all four -f fills or what? Commissioner Sanchez: We skipped them because it was a four-fifths. We could either wait for Commissioner Teele or Nye could proceed. Vice Chainnan Gort: Twenty-three -- 22A. That's yours. Commissioner Regalado: Move it. Commissioner Sanchez: Second for the purpose of discussion. Commissioner Winton: Yes, Vice Chainnan Gort: It's been moved and second. Commissioner Sanchez: Discussion, Pocket items -- it was my understanding that we had -- Commissioners were limited on the pocket items. What did we get, two pocket items it Commissioner? Joel Maxwell (Deputy City Attorney): Yes. Commissioner Sanchez: One pocket item? Mr. Maxwell: Two. Commissioner Sanchez: And, apparently, Nye weren't .following those guidelines. Mr. Maxwell: There is -- it's been a flexible rule. Note for the Record: At this time, Commissioner Tecle entered the Commission Chambers at 3:28 p.m. Commissioner Sanchez: Tt's been a very flexible rule. Let me just say that the pocket items is a channel that Nye have to bet what we believe are projects that may be important for either our districts or the City of Miami on the table. We could always go through the channels sometimes of sending; it through the process and putting it on the agenda, But if the process exceeded that 118 September 13, 2001 0 we had one pocket item, then I also remember that it's also stated that it couldn't have a financial impact to the City. Vice Chairnian Gort: Fiscal impact. Right. Commissioner Sanchez: But then, again, we've had pocket items that have had financial -- Vice Chairnian Gort: No. Commissioner Sanchez: Oh, yes, we. havc. We've had some pocket items here. Commissioner Winton: .Not many since i've been here. Vice Chairman Gort.: We've asked the administration because I don't recall any that the -- fiscal impact, we send it back to the administration. We didn't take final action. It was up to the administration. Commissioner Sanchez: We always send it to the administration? Vice Chairman Gort: Yes, Commissioner Winton: And I can tell you from my view -- Commissioner Sanchez: All right. So this -- Vice Chairman Gort: And that I agree With you. That I don't havea, -- Commissioner Winlon: From my view, I'm not going to support this if we -- you know, I remember the old days of watching this Commission meeting, before any of you were here, and 1 used to watch pocket item after pocket item pop up. The public had no warning, no one had any clue and we were spending big City money just boom, boom, boom. So, I wouldn't support this amendment at all, unless we pull the provision that takes away the fiscal impact. if it has a fiscal impact, I won't support -- Commissioner Sanchez: Well, Johnny, that's what I'm trying to get to, i mean, you don't -- on this one, 1 don't think it's there. Vice Chairman Gort: No. Commissioner Winton: They've pulled the fiscal impact. Commissioner Sanchez: They've pulled the fiscal. I would feel much better if it did have one. Because we could always send it to the proper channels to either, you know, analyze it or conic back with a recommendation on it. So -- but I do agree that, you know, we -- this is the way that this Commission has the ability to legislate through pocket items. So, this would basically, what, limit us to no number of pocket items. We could. bring how many pocket items we want. 119 September 13, 2001 • Vice Chairman Gort: As long as it does not -- Commissioner Winton: As there is no fiscal -- Vice Chairman Gort: Affect the fiscal of the -- Commissioner Sanchez: Thank you, Mr. Chairman. • Commissioner Regalado: But, remember, this is not only for the members of the Commission. This is to help the administration -- Vice Chairman Gort: Sure. Commissioner Regalado: -- when there is a aced -- Vice Chairman Gort: Most of the pocket items we have is from the administration. Like today, l think I have three of them. Do I have a motion? Commissioner Regalado: There is a motion. Vice Chairman Gort A second? Commissioner Winton: And a second. Commissioner Regalado: And a second. Second. Vice Chainnan Gort: Read it. Roll call. An Ordinance Entitled -- AN ORDINANCE OF THE MIA-tifI CITY COMMISSION AMENDING CHAPTER 2/ARTICLEE, Il, OF THE CODE OF THE CITY OF 1MIAM1, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," TO REMOVE THE LIMITATION ON THE NUMBER OF NON-SCHEDULED ("POCKET") ITEMS THAT MAY BE CONSIDERED AT A CITY COMMISSION MEETING AND ALL ASSOCIATE]) NOTIFICATION AND REVIEW REQUIREMENTS MANDATED IN THE CITY CODE FOR SAID ITEMS; MORE PARTICULARLY BY AMENDING SECTION 2-33 OF SAID CODE:; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE, 120 September 13, 2001 E • was introduced by Commissioner Regalado, seconded by Commissioner Winton, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Tecle, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. 121 September 13, 2001 3(; RAT`IF'Y MANAGER'S =FINDING DF SOI:E` SOURC>✓; WANE R'f?QUIRMENTS FOR C011�PETIII'IVE� -" R1aB�'{ pROY�NG'ACQ:TI> O S"AR�lAC1 1 AT' LOT . SNIPNR N$ WIm I ACGESSO S 9 ROM SRTt 'SYJPPI.'', _ tG, r FO�t' DEPART'IV N Tx OF :PQ IC , S4" F 01; RL"LOC,ATF'FUNl�7$) ROM 1�"` W E pRC N i`1T= T° U T=F 7 Vice Chairman Gort Item 2. Commissioner Sanchez: So moved, Mr. Chairman. Vice Chainnan Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Discussion? Further discussion? It's sole source. OK. Read it. Is this u resolution' OK. There being no discussion, all in savor state it by saying "aye." 'Tile Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-905 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (415"') AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR. COMPETITIVE SEALED RIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF TWO SRT/ARMALITE AT- loT SNIPER RIFLES WITH ACCESSORIES FOR THE DEPARTMENT OF POLICE FROM SRT SUPPLY, INC., IN AN AMOUNT NOT TO EXCEED $14,501; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF T1-iE TREASURY'S "GUIDE TO EQUITABLE SHARING." 121 September 13, 2001 (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: Nice Chairman Wifrcdo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Joluiny L. Winton Coni nissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 123 September 13, 2001 37. RATIFY MANAGERS FINDING OF SOLE SOURCE, WAIVE REQUIREMENTS "FOR! COMPETITIVE BID THEREBY APPROVJNG ACQUISITION 'OF RTR=4: =IST• PORTABLE DIGITAT, RAY IMAGING, SYSTENt WITH OPTIONS AND ACCESSORIES FROM -SCIENCE A` ?PLICATIONS INTERNAT (JNAL ..CO.RPORATION, FOR DFP`OTM] NT; OF POLICE;' $33,183.64',' ALLOGATTE . FUNDS FROM ` °D` MESTTC PREPAIZEDI`rESs; EQUIPMENT:S:UPPORTPROGRAM<GRANT:' Vice Chairman Goat: item 3, sole source purchase. Commissioner Sanchez: So moved, Mr. Chair nan. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Any discussion? Being none, all in favor state it by saying "aye,11 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-906 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCES; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF ONE RTRAN PORTABLE DIGITAL X-RAY IMAGING SYSTEM WITH OPTIONS AND ACCESSORIES FOR THE DEPARTMENT OF POLICE FROM SCIENCE APPLICATIONS INTERNATIONAL CORPORATION, IN AN AMOUNT NOT TO EXCEED $33,183.64; ALLOCATING FUNDS FROM THE DOMESTIC PREPAREDNESS EQUIPMENT SUPPORT PROGRAM. GRANT, ACCOUNT CODE NO. 142030.290529.6.840. 124 September 13, 2001 (Here, follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chainnan Wifrcdo Gori Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Tecle, Jr. NAYS: Nona ABSENT: None. 125 September 13, 2001 • 3 8. RA?1TY MAr1 AG`E C0WW—DIVE BID' T] IF SOLE V1`AIN1 LNANCE, ANDVNI3 SM2`1!+TET (WIi) ..SYSM�E1'FCh1;�2Q)vI. INC ; FOt C�' S$RVIC�S AITISLATI(��T _FOS ' TOTAL' AN[OUNR': $S ,S39, . F T T6, FOR �C ENE�.AiL MON IN, IN 'r sAFMCjUNTQ� I7226;! :FROM �TI�I$> iSER,VIG�S 1�IVISTON, Air $*10,2`7 IS: AVA: rAH'$� FQR; TT OF-,pUBL-TC'WQRICS�' -; s, S Vice Chairman Gort: Item 4, Commissioner Winton: So moved. Commissioner Regalado: Second, Vice Chairman Gort: It's moved and second. Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-907 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOIJR- FIFTHS (4/5"Hs) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMIiNG THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING TILE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF NINE'T'EEN .QTS -3000 DIGITAL. PORTABLE .RADIOS WITII SMARTNET SOFTWARE AND ACCESSORIES, ONE, SMARTNET SWII (SYSTEM WATCH) AND EXTENDED MAINTENANCE SERVICE FOR THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION AND PUBLIC WORKS FROM. MOTOROLA, INC., IN AN ESTIMATED AMOUNT NOT TO EXCEED $82,539; ALLOCATING FUNDS FROM GENERAL SERVICES ADMINISTRATION, ACCOUNT CODE: NO. 506000.420601.6.840, IN TFIE AMOUNT OF $72,264, PUBLIC WORKS GENERAL OPERATING BUDGET, ACCOUNT CODE, NO. 001000.310501.6.840, IN THE AMOUNT OF $3,419, AND ACCOUNT CODE NO. 001000.311001.6.840, 1\' THE AMOUNT OF $6,856. 126 September 13, 2001 • • (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 Goll Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Tcele, Jr. NAYS: None. ABSENT: None. 127 September 13, 2001 • 39 RATIFY MANAGER''' FINDING QF'`SULESSOjJRCE WANE AVQUIRMI✓NT;S FOR CQMftT=I�1V EAL�I� $IDI?1NG PR�JCEpcJR.Ia,Sx1�,ND P'ROVE�PURCI S QF TkEN FAX SQFTVVAgE� UP RADES' VIT%T;MQ EMS, ;A `'"vIODEIYi DLCO t;KL ' x UTILIZI?$Y :LIF DI~FZ$:RIIY►TCR, FRQ MEDT,`OI�IC FI3YSI0 CQNTROL- CORP0I ON, SOLED CEP OYIDER, Fm I~?EpAR�I'MENT' O� FIRSCLIE;�, $54;ti1,`4,Q; AI.IaQC��'E F�NLIS�FRO QRANT ENTITi�D " t ,' ; �ADE-CDUNTY ENiSr GRANTAWARD�(FY 2000-01)" , ., ", Vice Chairman Gort: Item 5, sole source purchase, Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Any further discussion, being none, all in favor state by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-908 A RESOLUTION OF 11113 MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5""'s) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE..; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES APPROVING TIME PROCUREMENT OF TEN FAX SOFTWARE UPGRADES WITH MODEMS AND MODEM DOOR KITS FOR USE WITH LIFEPAK DEFIBRILLATORS FOR THE DEPARTMENT OF FIRE -RESCUE. FROM MEDTRONIC PHYSIO CONTROL CORPORATION, IN AN AMOUNT NOT TO EXCEED $5,461,40; ALLOCATING FUNDS FROM THF MIAMI-DADE COUNTY EMS GRANT FUND (FY 2000-01), ACCOUNT CODE NO, 104014.280759.6.840. 128 September 13, 2001 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort NAYS: ABSENT: Commissioner Tomas Regalado Commissioner Joe Saneliei Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. None, None. 129 September 13, 2001 40. AMEND SECTION 2 OF -AE-SOLUTION NO,00-160i'-:APPROVING ACQI;JISITTON OF WI}tELiSSk CFLLUA�t,TITAT, PACIC�Ti A,ATA .(C?Dj. SERVICE FRQ�T&T W1RT>LGS$ S VrTC1�5 I>\TC FOR A7rFARTME t :'OF INFO I�SQDZFYINCOUIvy QF A V N`{ s TO TOyT.I`?A6d`0 000: X'T8 1'C�jT(j{ylOF`' r it £ ieifF y9a")✓ae rf yeah_ {.. f 'g a'fri ia.! T THREE Y 4RS �'I �fOP ION TO'E�QNE ADT�1TiON N ONE= ART RNA,- AND M(?DIF�'I)\ICr F,IJIVI,]NG ALLOCATION TOINIiUAI APPROHRIATIRD CA�I?I'>~, IMPROVEl1%IENT .PROJECTS AND Ol'ERA'T-INr B.LJDGETS -OF V VARIOUS USER DEPARTIvIEN'S. ) "' Vice Chairman Gori: Item 6, Commissioner Winton: Five -A. Vice Chairman Gort: Waiving the competitive bid, the approval and purchase of (INAUDIBLE). Connnissioner Winton: You skipped 5-A. Vice Chairman Gort: Oh. Carlos Gimencz (City Manager): You skipped Item 5-A. Vice Chairman Gort: There it is. Commissioner Sanchez: What -- Vice Chairman Gort: Five -A, a resolution amending resolution number -- Commissioner Winton: So moved. Vice Chairman Gori: Authorizing the purchase and sale of digital -- Commissioner Sanchez: Why are we waiving the requirements for competitive bidding on this one? Aldo Stancato (Interim Director, Information Technology): Aldo Stancato, Information Technology. Commissioner, this is a modification to a previous resolution that passed. What we're changing on this resolution -- it originally was for a one-year contract with AMT (American Telegraph & Telecommunications) to provide wireless service with three additional one-year extensions. What we're asking for the modifications is a three-year contract with one one-year extension. This way we essentially save a hundred and sixty-eight thousand dollars ($168,000). We're not really changing the duration or the time, We're getting a break by doing a three-year contract. Commissioner Winton: So, double move. 130 September 13, 2001 • Commissioner Sanchez: It was only a question. E Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "ayc." Commissioner Teele: No. Commissioner Sanchez: Let the record reflect one "no." The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-909 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (415 T'*) AFFIRMATIVE VOTE, AMENDING RESOLUTION NO, 00- 260 AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH AT&T WIRELESS SERVICE, THE SOLE SOURCE PROVIDER, FOR THE ACQUISITION OF THE WIRELESS CELLULAR DIGITAL PACKET DATA CDPD SERVICE TO (1) INCREASE THE EXISTING AGREEMENT IN THE AMOUNT OF $275,000, FROM $225,000 TO $500,000, (2) INCREASE THE INITIAL TERM OF THE CONTRACT FROM ONE YEAR TO THREE YEARS FROM THE ADOPTION OF THIS RESOLUTION, (3) REDUCE THE OPTION TO EXTEND THE AGREEMENT FROM THREE ONE-YEAR TERMS TO ONE ONE-YEAR TERM, (4) ELIMINATE AN INCREASE AT TIME OF RENEWAL, AND (5) AUTHORIZE ALLOCATION OF FUNDS FROM CERTAIN APPROPRIATED CAPITAL IMPROVEMENT PROJECTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following vote: AYES: Vice Chain -nail Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: Commissioner Arthur E. Teele, Jr. ABSENT: None. 131 September 13, 2001 �41, RAT'IFY, : AI'pROVE, AND COT01. , MANAGIER'S DEIC RMINATI0 THAT COMFE ITIYE SEALED B16 G PRQ ED f S AME 'NOT Plt�t,1CTICAOLE :OR ADVANT�fiOUS�: }NAIVE RE(��JIItENS FQ? SAIDs P�CELli,, ND NT APPr1tgYE>ACQUTSITIQN',4F VETRONX'1VIONITORIIG SY$TEI-�'I _INC ' �.ES. MTS' 5140 LNt3IE ANA�L,1'$R, . 5 GAS EMISSIONS' AN' Y2ER; ° '11!IS$IONS: 4 r r; a L f- 4 l 1�,NALYZER EITsT R, 3'=year S[t$SC�IPTION P�AGI�AIE (G1V, , C, -A T, Q'BII . G,' CHASSIS) TO:,KEEF SYSTEM " GRADED;, LOW CL -JIM -NT PRQRE, INFRARED T�Fl P RROBE, ANll MTS 3109 COMP AL-LIANC PACIC�AC �FRr-- M VVF NIX CORP�RA7'ION, 'GiR DEPARTr" NT -T OF ;GENRRLAL SERVICES , ApMiNISTR TIdN',;. :FLEET: MANAGEM-ENT D VISION, S32,897; ALLOCATE.4'FUN69S FROM 'GENERAL IO SAAMINIS'I`RATN FLEET MANAGEMENTDIVISTON SERVICE {: Vice Chairman Gort: Waiving competitive bids. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second, with the same question. Why are we -- Vice Chairman Dort: Why? Commissioner Sanchez: Why are we waiving so many competitive hids? Alex Martinez: Alex Martinez, Acting Director of Dental Services. All the equipment that we have is of this brand name. To change all our engine analyzers right now, we would have to change all our existing equipment that we have to analyze all of our machinery. Therefore, what we're doing is buying the exact same brand name of equipment that we have. Most of it is (lie same and that's why we're doing it. It's most advantageous. Commissioner Sanchez: All right. Commissioner Winton: When we enter into these original agreements that essentially locks us into a vendor long -teen, and we, as a Commission, vote on those items, do we know, when we're voting on it, that we're essentially going to be locked into some position with a particular vendor for a -- Mr. Martinez: Sometimes we -- Commissioner Winton: -- for a prolonged period of time? I mean, is that ever a part of the presentation that we get? Carlos Gimenez (City Manager): Probably not. When those things happen, and it's -- when you're going one way, probably not. But Nve had Motorola here -- Commissioner Winton: laver. 132 September 13, 2001 0 Mr. Gimenez: Forever. • Commissioner Winton: But it seems to me that we ought to do that because it's a crucial question because, you know, just like Motorola. You know, once you get locked into some of this stuff, you're really locked in. If you make a mistake upfront and you ride the wrong horse, you could really get in a serious, serious bind and, frankly, we may want to look at ways where there are -- I don't know. You know, I've been in there so, I know it's -- you know, once you get on the horse, it's hard to get off that horse. So, I guess it's all the more reason for us really make sure that we know upfront that once we get on a horse, that we're going to be riding for it long, long time. Vice Chairman Gort: I think it's very imporlant point because they could be the ]owes( bid at the beginning but then if you have to buy the equipment, they could be upping it. Commissioner Winton: And their stuff could be, you know, within a few years -- if you're not looking at how good their technology is, in it few years they could be the obsolete provider with some really good stuff coming out that you can't touch it without, you know, going back to to, starting all over again. Commissioner Sanchez: It's the theory of the camel getting his head into the tent, then he wants to bet his ass in the tent, too. It happens a lot around here. Vice Chairman Gort: Do I have any further discussion? I have a motion and it second. All in favor state by saying "aye." The Commission (Collectively): Aye. Vice Chairman Gort: 1 won't touch that one. 133 September 13, 2001 • The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 0 1 -9 10 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT COMPETITIVE SEALED BIDDING I'ROCF.DURES ARE NOT PRACTICAL OIt ADVANTAGEOUS FOR THE ACQUISTTION OF A VETRONIX MONITORING SYSTEM THAT' INCLUDES THF FOLLOWING COMPONENTS: A MTS 5100 ENGINE ANALYZER, A 5 -GAS EMISSIONS ANALYZER, AN EMISSIONS ANALYZER FILTER, A 3 -YEAR SUBSCRIPTION PACKAGE. (GM, F, C, PT, 01311 C, CHASSIS) TO KEEP THE SYSTEM UPGRADED, LOW CURRENT PROBE, INFRARED TEMP PROBE, AND MTS 3100 COMP ALLIANCE PACKAGE; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF SAID VETRONIX MONITORING SYSTEM FOR THE DEPARTMENT OF GENERAL, SERVICES ADMINISTRATION, FLEET MANAGEMENT DIVISION, FROM VETRONIX CORPORATION, AT AN AMOUNT NOT 'r0 EXCEED $32,897; ALLOCATING FUNDS FROM THE BUDGET OF THE GENERAL. SERVICES ADMINISTRATION, FLEET MANAGEMENT DIVISION, ACCOUNT CODE NO, 503001.420905.6.850, 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 Sajichez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Rcgalado Commissioner Joe Sanchez Commissioner Johnny L Winton Commissioner Arthur E. TeeIe, Jr. NAYS: None. ABSENT: None. 134 September 13, 2001 r 4 : E1V) R( EI .CY ., _bINAIVCE: AMENI .SECTION- VII. QFC ORDINANCE 'Ir10'I 19701 ANNUAL ,APPRQPRIATIONS ,AND -CAPITAL IMPROVE AENT,S; ORDWANGE FOR FISCAla YEAR ENDII�IG SEPTEMBER R30,.209 RVIING r ONGOING GAPItTAZ ]NiPRUVI✓MEI`T2 PROJECTS ANDMAICING APRROARrATIONS FORW kAROJ�CTS SCHEZ?1 I` b TQ E $CitN-INr iSCAL; YEAR 2000�200i,r Cd r r Vice Chairman Go►t: Seven. Leroy is not here. Leroy is not here yet. Commissioner Regalado: Twelve. Vice Chairman Gort: Twelve. Emergency appropriations ordinance. Capital projects. Albert Ruder (Director, Parks & Recreation): Albert. Ruder, Parks Department. These arc all capital projects that are either ongoing and we went to -- just like you do, we want to spend it as soon as possible. Some of them like Verriek Park -- Coin inissioner Tcele: So moved, Mr. Chairman. Mr. Rader: -- Hadley Park. Commissioner Winton: Second. Vice Chainnan Go►t: It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." Maria Chiaro (Assistant City Attorney): I have to read the ordinance. Alex Martinez: It's an emergency ordinance. Commissioner Winton: An ordinance. Vice Chairman Goll: An ordinance. Read it, Roll call. An Ordinance Entitled - AN .EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION VII OF THE ORDINANCE NO, 11970, AS AMENDED, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 20, 2001; REVISING ONGOING CAPITAL IMPROVEMENT PROTECTS AND MAKING APPROPRIATIONS FOR NEW PROJECTS SCHF..DULED TO BEGIN IN FISCAL YEAR 2000-2001; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, 135 September 13, 2001 • was introduced by Commissioner Teele and seconded by Commissioner Winton, 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 God Commissioner Tomas Regalado Commissioncr Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner .Johnny L. Winton NAYS: None ABSENT: Notic. Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Winton, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Rebalado Commissioner Joe Sanchez. Commissioner Arthur F. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12107 The ordinance was read by title into the public record by the Assistant City Attorney. 136 September 13, 2001 4 . 1VLERGENCY ` ORDINAN!~E A1V11~ND OJtDVAN••CE NO 11332, W�iICH ESTAB IS�IEX2'INiT RESC �iJ CESr�i. gNI7'ANI�IAI., A ?P1j4PRIATI©NS F4 'iS B iAL R�,tUE F[JNp,EN�'L1� "SANG RS75iANCbtC�ATICI�J A1VT^? k �"4y",. A'CI►1NGt.ID, APPIC�iIATI S., :_ $,85�ONSI�TINCr OF' C�I��tQ1Vi �ti 13i7REAUr." F ACOHC�, 'I'OBCCO A RI1tA1ViS Vice Chainnan Gort: Fourteen. No, that was 12. Thirteen, Commissioner Winton: So moved. Vice Chairman Gort: Gang Resistance Education. Commissioner Sanchez:. Second. Vice Chairman Goat: It's been moved and seconded. Commissioner Winton: It's an ordinance. Vice Chairman Gort: Any further discussion? Read it. Roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11232, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITI..E "GANG RESISTANCE EDUCATION AND TRAINING;" 'F0 INCREASE THE APPROPRIATIONS IN T'IIE AMOUNT OF $"41,585.00, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS; AUTIIORIZING THE CITY MANAGER TO ACCEPT THE GRANT, AND TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 137 September 13, 2001 was introduced by Commissioner Winton 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 Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None. Whereupon the Commission on motion of Commissioner Winton and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado ConUnissioner Joe Sanchez Commissioner Arthur E, Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12108 The ordinance was read by title into the public record by the City Attorney. 138 September 13, 2001 1J 44. ' ` EMERGENCY ORDINANCE AMEND ORDINANCE N0 11395,` _ -WHICH;; FSTLISHEI)'INITIAL' RESO>;7RCES AND INlI ,IAL APPROPRIATIONS' FOR SPGIAI,.; REV�I✓NUE RCJI�TA, EN'1!ITLE`TF "VICTIMS. OF CRIIVIE ACT," INGR A,91NG SAID . AFEROPRIATI;OIVS, f'56�,310, C�I�SfSTINC'. OF'GRANT, $50;500,. FRAM 45TA' OF` ILQRIDA, QFIICE F =ATTORNEY =.GENERAL; AND.: MA�mCHING "IN KIIND FUNDS; 51:6,810; FOR'SERVICESa:PROV.IDED BY CITY, AI .THORIZE,'MANAMR`ACfCLFT.SAID. 'GRANT, EXPEND.. MONEYS :.FROM THIS FUND AND : EXEC.UTE :'PROFESSIONAL ,SERVICES. AGREEMENTS FOIL PROVISION ,OF VTCT1Iyi ADVOCATE 'SERVICES, ;$50,00,0; -FOR-' N YEAR. Vice Chairman Gort: Item 14, proposed emergency ordinance, Victims of Crime Act. A grant. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Commissioner Regalado: Second. Vice Chaimian Gort: Any discussion? Read it. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11395, AS AMENDED, ADOPTED SEPTEMBER 12, 1996, WHICH ESTA13I.1SHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "VICTIMS OF CRIME ACT," TO INCREASE APPROPRIATIONS 'I'O THE FUND, IN THE AMOUNT OF $67,310, CONSISTING OF A GRANT IN THE AMOUNT OF 550,500 FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, AND MATCHING 1NKIND SERVICE FUNDS IN THE- AMOUNT OF $16,810 PROVIDED 13Y THI~; CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE '1'O THE CI'T'Y ATTORNEY, WI` THE STATE OF FLORIDA FOR ACCEPTANCE OF TIIE GRANT AND PROFESSIONAL SERVICES AGREEMFsNTS WITH INDIVIDUALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE, PROVISION OF VICTIM ADVOCATE CERVICES, IN AN AMOUNT NOT TO EXCEED $50,000, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS FOR THE OPERATION OF THE PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 139 September 13, 2001 was introduced by Commissioner Winton 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 Chairrnan. Wifredo Gort Commissioner'Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None, Whereupon the Commission on motion of" Commissioner Winton 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 f?. Teele, Jr. Commissioner Johnny L. Winton NAYS: None, ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12109 The ordinance was read by title into the public record by the City Attorney Vice Chairman Goin: OK. Let me ask a question before we vote on that. At one time -- I don't know if we still do -- my understanding is any time we respond to this type of violence, victim of -- no, this one is different. Forget it. I'll ask you later. Roll call. Major Joe Longucira: This is for the two advocates ilia( respond to victims. Vice Chairman Gort: then I was right. The question is, could you explain again, Major, please? Major Longueira: On certain kinds of crimes, we received a grant where we actually have counselors that go out and work with the victims, help them get counseling, help thom go to court, things like that, and that's what this is for. 'Phis is accepting the money and the services to hire the counselors. Vice Chairman Gort: Thank you. 140 September 13, 2001 45.. AU` i�O tIZE TQ EXTE CON. -TRA, 11TH L0.W, RIRM . F C ENSER , TRt�UR19, E A;�.' �'O PRQIE �EDERAT CSO s RTJENf ANT) GQNSLJr­TIN (3 SERV CS.T'O CITY>F,OR ,C `TQ ATE,''E'AR ,r Vice Chairman Gor1.: Next, Ave go to 24. Carlos Ginienez (City Manager): Item 24. Commissioner Winton: So moved. Commissioner Regalado: Which one? Commissioner Winton: Twenty-four. Commissioner Regalado: Twenty-four? Second, Vice Chairman Gort: It's been moved and second. Any lurther 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. 01-911 A RESOLUTION Ola TI=IF MIAMI CI'T'Y COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, 1N A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE LAW FIRM OF GREENBERG, TRAURIG, ET AL. TO EXTEND THE TERM OF THE AGREEMENT AT THE SAME TERMS AND CONDITIONS FOR THE PROVISION OF FEDERAL GOVERNMENI' LOBBYING AND CONSULTING SERVICES TO THE CITY OF MIAMI FOR A PERIOD OF ONE YEAR, INCLUSIVE OF EXPENSES, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 0100.920216.6340.27019. 141 September 13, 2001 ([-sere 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 Chainnan Wifredo Gort Commissioner Tomas Regalado Commissioner Johnny 1.. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Gort: Thank you. 142 September 1:3, 2001 46. AUTHORIZE- TO EXTEND CONTRACT W.IT1! I.AW, T IS OF KATZ, >(-VTTER- ET AL, TO PROVIDE I�EPERA-4: GOVERNMENT, N 0fib IJC AND C0I4SULTING SERVICES TQ CITY FOR':.UP FI'Q':ONE YEAR; .. Vice Chairman Gort: Twenty-five. Commissioner Regalado: Move. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: I'll second. Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "ayc." The Commission (Collectively): Ayc. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION 1`:0. 01-912 A RESOLUTION OF THI MIAMI CI'T'Y COMM[SS10N AUTHORIZING THE CI'T'Y MANAGER TO EXECUTE., AN AMENDMENT TO THE EXISTING AGREEMENT, IN A FORM ACCEP'T'ABLE TO THE CITY ATTORNEY, WITH THE LAW FIRM OF KATZ, KUTTER, LT AL TO EXTEND THE TERM OF THE AGREEMENT AT THE SAME TERMS AND CONDITIONS FOR THE PROVISION OF FEDERAL GOVIrIZNMENT LOBBYING AND CONSULTING SERVICES TO THE CITY OF MIAMI FOR A PERIOD OF ONE YEAR, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS.FROM ACCOUNT CODE NO.0100.920216.6340.27019. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 143 September 13, 2001 47: ,RATIFY -ACTION QF. MANAGER IN�EXECUTII : U$- AGI EME11tT W.I`)?l 2Ist CENIURY, CINEMAS, INC. FtJ k U5>✓ OF TOWER TI AT , R OCV TED, T 1'508 S W. 8TH S'1iET ONa INTRMi'BASIS, �Vi�LE Cl2MRL''IT1V1r NEGOTIATIONS FOR y_NAGEMENTOFt owL,0N&,T=ER BASIS.. - 4 Vice Chairman Gort: Twenty-six. This is the -- your tower -- the temporary use agreement between the City of Miami and 21 sl Century Cinemas, inc. Commissioner Regalado: Mr. Chairman, how long is this agreement? Laura Bilibcrry (Director, Asset Management): This is for a six-month period, to expire February 20 of 2002. We had issued an RFP (Request for Proposal) and, unfortunately, we only received one response, so we had to start the process all over, and that's wily we had to extend the existing agreement. We now have five responses to our Request for Letters of Interest, and we've received authorization from the Manager to negotiate an agreement with Miami -Dade Community College, and we hope to have that to you within the next month and this would allow us to have a smooth transition. Commissioner Regalado: But excuse me. Why are you doing that if Miami -Dade says that we still have to pay sonic of the electricity, some of the bills, and the other entities say they're going to cover that? Ms. Billberry: There was only one entity that indicated they would be covering all of the expenses and one of the concerns of that entity -- it was Venevision. They wanted to operate it on it for-profit basis and they wanted to charge fees that we thought were out of line with the community, and it would be a problem. Commissioner Regalado: That's not what they said in the letter that they sent. On the proposal I read that you sent me, they talk about one day or three dollar ticket for a movie. Ms. Billberry: They would provide sonic events, but a majority of it were geared towards the 25 to 35 dollar ($35) range. Commissioner Regalado: OK. I just think that, you know, the Manager should tell us, you know, the pros and the cons before negotiating any agreement, and i would only vote for this for 60 days because you've got plenty of time, In 60 -- I mean, you're not going to make these people believe that they can be there for six months if the Manager and the Commission is willing to change the operator. .Ms. Billberry: I do have concerns on a 60 -day basis, that a new operator may not have time to do its programming and get it open with a smooth transition. Miami -Dade also has a board that they have to go to and it depends on the timing of getting the agreements done and when their boards meet. Commissioner Sanchez: Mr, Chairman. 144 September 13, 2001 Ms. Billberry: This does have a 90 -day cancellation clause, in the event we're able to get something done sooner, but -- Commissioner Sanchez: That's exactly what I was going to. If there's a 90 -day clause to terminate the contract, my concern is that if we do it for the time that you suggested, Century 21 could pull out and then the City will, office again, have to close the Tower Theater. I don't have a problem with the process because one person -- this is in my district and that's why I'm very aware of (lie problem. The one bidder bidded and they had to throw it out and then they bid it out. There were five companies before -- Ms. Billberry: rive. Commissioner Sanchez: -- respectable companies that bidded on it, and now it has to go through a process. 1. mean, this has to go through the Office of Asset Management. There has to be things that are done so that it would be appropriate. Six months extension, with 90 days, if they do come (INAUDIBLE) within 90 days -- Commissioner Regalado: Joe, no, no. You're right, but my idea was not to send them the wrong message, to these people that have been very enthusiastic, but they just don't have the means and the City is paying and paying and paying. Other entities have the means. So, l ,just thought, well, you know, we should tell them that this is a probational thing until -- because they bid too, and they were ranked like five, right? Number five. Ms. Billberry: This organization -- the current operator was number four. Commissioner Regalado: OK. I don't have any problem with the six months. Cornmissioner Sanchez: My only concern is that, one, the theater remains open. Second, that the City gets the best interest for it, and we stop subsidizing. I continue to make the argument that if a company could get it and find ways to make it more productive and make money, (lien we don't have to subsidize it. We are not in the business and we should not be in the business of subsidizing. You know, some people -- sonic of my colleagues may disagree with me, but that theater itself, I know that it has the potential that it won't be subsidized. It could generate funds. So, in this whole process -- in the process, select the one that's going to give us the best deal and conic back with a recommendation, which you will. Now, with the 90 days, what we could do is, if, somehow, you do go through the process and we have the right -- 90 days before -- 90 clays to terminate the clause and grant that winner the contract so they could start taking over the theater. Then, you know, i don't see no problem with that. Understand? Ms. Billberry: Uh-huh. Commissioner Sanchez: Thank you. So move to accept. Commissioner Winton: Call the question. Commissioner Sanchez: Oh, I'm sorry. 145 September 13, 2001 Commissioner Winton: Well, l just said call the question. i thought they were already moved. Vice Chairman Gort: No. Commissioner Sanchez: No. No one's moved it. Vicc Chairman Gort: It's been moved. Commissioner Sanchez: So moved. Commissioner Winton: Second. Commissioner Regalado: Second. Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO, 01-913 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN EXECUTING A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH 21ST CENTURY CINEMAS, INC. FOR THE USE OF THE TOWER THEATER LOCATED AT 1508 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, ON AN INTERIM BASIS, WHILE THE CITY CONDUCTS COMPETITIVE NEGOTIATIONS FORTHE MANAGEMliNT OF THE THEATER ON A LONG-TERM BASiS. (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 Gort Commissioner- Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur F., Teele, Jr. NAYS: None. ABSENT: None. 146 September 13, 2001 48,� RATIFY,X. �CONSCJLT1IarG Sl3}tvICES FRO THORIZING APPROVE ANDS CONFIRM MANAGERS ACTION 7 A EMERGENCY .PURCI�'ASE OF APPRAISAL _ M I�PUBLIC APPRAISSAL COMPANYFjI, INC ,FOR`APPk--A, Y OF OLD CpUNTY PARK,3IL NED` IN VIRGIf�IIA -KEY AND MIAMI DADE WAS, R AND SNER DEPAR`TMEN�' (yVASA). 13UiIfTaI+tCxOCAT)D AT.3S375 LEnJEUNE ROAD; $21x00 AND $"I,QUO; TO ESTBT:tSH EVAL.,LIAT�ONsOF 1�F.�A; RP�TRIGTION$FTO AER�vSI'1' CIT�.�TO lyiORE �,FFEOTkIVEI:Y- NEGOTIATE ON ITS BBHALF, AS.LOGATE .UDS FROM �CdF)~ICP~SASS' MANAGEMENT ACCOUNT EN I?T LEIS PROFESvXGNAL $ER'VV- S. A�PPIt=AISALS Vice Chairman Gort: Leroy, where have you been? We've called you three times already. (COMMENTS OFF '1 HE RECORD) Vice Chairman Gort: OK. We'll get to you in a minute. Commissioner Teele: Maybe next Commission meeting. Vice Chairman Gort: Item 27. Commissioner Winton: I think they're there still, aren't they? You went out the front door. They just came in the back door. Vice Chairman Gort: Item 27, Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Gort: Accept the authorization proposal Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Commissioner Winton: Discussion. Vice Chairman Gort: Discussion. Commissioncr Winton: How are we doing on -- this was Commissioner Tcele's idea sonic time ago that I wholeheartedly concur with. How are we doing in terms of -- now is appeal time. You know, all these guys are lining up to appeal, particularly in Park West. Park West has been essentially completely bought and sold -- probably, Omni West also -- maybe a couple of times over the past two or three years, with prices having gone through the roof, and its principally by speculators, not developers. So -- and they pay prices that are going to make it a challenge to build on a lot of these sites, build anything except the most dense project one can idcntify, and that's the American system. But the other part of the American system is paying your taxes. So, I hope that our real estate appraisal consultants that we've hired are zeroed in on those two neighborhoods and a couple other neighborhoods around the City, where the speculation is kind 147 September 13, 2001 of rampant to make sure that -- the perfect comp is what the guy just paid for the land or the building. So -- and they're really, really good at walking in the door and arguing how, "Well, I paid this much but truly it's not with that much, because there's something over there that made the value half of what 1 paid for it," but that thing over there was there when they paid whatever they paid. So, are we doing a good job of getting our -- Lori Billberry (Asset. Management): That particular area last year was focused on by the CRA (Community Redevelopment Agency) and we did focus on, with our appraisers, some other areas of the City that were also seeing significant changes. 1 hope and I'm optimistic that a part of the reason our assessed values went up so high is a result of some of those appraisals. Commissioner Winton: You know, we ought to do a report on that because it's easy to quantify. Let's -- when we hire these people, they have a specific task. We ought to know what properties they've targeted and what the result was coming out of it, give a report to its, Ms. Billberry: in a lot of cases, what they're focusing on -- we work very closely with the Property Appraiser's Office and identify their needs. They handle all the sales data. That information is readily available to them. Their biggest thing is getting operating expenses. Unfortunately, we can't do it on a per property basis because the appraisers can't necessarily get access to a lot of the data. So, it lot of the things are data studies. They're very useful for the appraisers -- for the property appraiser. Commissioner Winton: I'm not sure on how i understand how that answered the point of our being able to measure performance. Ms. Rillberry: It gets very difficult, is my point. Commissioner Winton: Why is that? Ms. Billberry: Because it's not on a per property basis. We could probably identify a geographic boundary that was studied and look at that area to try and identify the increase, Commissioner Winton: 1f it's not on a per property basis, how do we -- if the companies are appealing their taxes on a per property basis and they go before the Tax Assessor's Office and appeal the evaluation and they have a hearing, and the -- I forget what they're called. Commissioner Teele: Value Adjustment Appraiser. Commissioner Winton: 'Thank you. Thank you. Either agrees with the Tax Assessor's Office or they agree with the company that's appealed the individual's property taxes. if we're sitting at the table during those processes, we're going to know whether we win or lose. 1 mean, I'm not sure how I understand -- how are we doing it then? Ms. Billberry: We haven't been at the actual hearing itself on a specific property. We haven't identified any in that instance. We cannot appeal, as the City. We cannot appeal someone else's 148 September 13, 2001 taxes. We've been more providing on the front er,u the information to the Property Appraiser's Office to assist in increasing assessments. Commissioner Winton: Don't -- do we have no right to appear in one of those hearings? Commissioner Teele: Yes, you do. And the City of Hialeah is very aggressive and they routinely appear. It's all open process. What happened was, we, two years ago, instructed the management to develop a proposal that would instruct our consultants to meet -- everybody who's appealing their taxes -- in the special master's hearings. That somehow has just been washed away. We're not doing that at all. Most of the evaluations, contrary to what's been stated on the record -- most of the evaluations that arc being reflected in Park West are being booked by the County Appraiser because every time there is a sell, that's what changes it. Where we're being killed before and we're still being killed is everybody goes in and challenges the assessment and that's the question. Are we challenging -- are we refuting the challenges of the assessment and the question is still one that I think requires an answer, and, if so, give its some evidence of the appeals that we've participated in. Ms. Billberry: We did try that last year, and every single one of them -- what we did was, we identified a few of them that we could do, that were more -- hopefully going to be fruitful in our participation, and what happened there was, all of them either settled with the Property !Appraiser's Office or they withdrew their appeal. Commissioner Winton: But we win. Ms. Billberry: We won. Exactly. But -- Commissioner Winton: So that's documentation -- Commissioner Teele: So, that's documentation. Ms. Billberry: Yes. Commissioner Teele: Every time they withdraw their appeal, you win. Ms. Billberry: Right. But if they settle, we don't participate. Commissioner Teele: And it's sort of like going to court where the prosecutor and the cops bring in the prostitute and every time 10 neighborhood people stand there in that room and the prosecutor says, "Well, I'm not going to accept the deal. I'm going to try the case," the public wins. Ms. BillbeiTy: Right. Commissioner Tecte: And that's what we've got to do. Not to compare these people with big people, not to use that analogy in a loose way, but the fact of the matter is, is that we win every time. We show up and the property appraiser withdraws the -- the property owner withdraws the 149 September 13, 2001 0 • appeal, and that has been literally one of the things that people have just picked our pockets on, is because they know we've not been there, and I'm encouraged to hear that you have been there and would, again, support all of our efforts to document that and behoove the consultants that ,.we're using, because i do know that the City of Hialeah routinely challenged every effort to reduce taxes. Ms. Billberry: Well, I am limited on resources of being able to challenge every single one of them. So, we try and identify those that we feel are the most -- Commissioner Teele: iso. We said the down -- we asked you -- we targeted -- see, this happened when the. -- let me tell you when this happened. This happened when the lnterContinental sold. The IntcrContinental sold 1'or like one fourth of the tax -- of what we added on the tax rolls for. 'This was about three years ago. And that's when we came back and instructed you, the staff, to do this, and there are any number -- and we said limit it to commercial properties. There was a whole lot of discussions. Ms. Billberry: Right. Commissioner Tcele: We said, let's don't declare war on homeowners, per se. Let's just limit this to commercial property. Commissioner Winton: Vacant land. Commissioner Teele: Vacant land. Ms. Billberry: Right. Commissioner Tecic:, Vacant property. Commissioner Winton: Commercial property. Commissioner Tecic: Commercial property. Ms. Billberry: But if they don't appeal, then we can't change that assessment. Commissioner Winton: But that's -- Commissioner Teele: That's not altogether true. We can provide the -- we can and we should provide the Property Assessor's Office with information that challenges their assessment, and they will take that into consideration in their next year's assessment. Ms. Billberry: Right. And we do do that. Commissioner Teele: Additionally, we can challenge the tax rolls that are certified by the County -- by the Value Adjustment Board, if we choose to, and a number of cities have done that in the past, successfully. You challenge it with the Department of Revenue. And, so, we have 150 September 13, 2001 two or three points that we enter into this issue and I think it's a very good issue for us to manage because it's literally a commercial issue, not a residential issue. Commissioner Winton: You know, I think -- Vice Chairman Gort:.As I recall, f think the -- you might know this. The First Union building sold. It was on the tax rolls for thirty million dollars ($30,000,000) or forty million dollars (540,000,000) and was sold for about ninety-nine million dollars ($99,000,000) or something like that. it was almost 200 percent increase. And that's why we made the statement. Something is happening here. I mean, this is on the tax rolls for half of what should be. Commissioner Winton: 1 would still -- 1 would then like to see a retrospective report that shows us, as best you can, Lori -- because 1 understand you've been working on whatever system you've been working on. I'm not going to quarrel with that. But i would like to see, as soon as I can get one, a report that, as best as you can put it together, that shows what the appraisers have done, you know, our consultants have done, what their process of what they've done and where you think they've been successful, so I can just see how they and you are viewing it. Once I see that, then, it will be easier for me to kind of think about it maybe a little differently and make some recommendations that may be meaningful. Right now I can't do that. Commissioner Teeie: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: 1 think the -- Madam Manager has been trying to make a point on the record, and I would welcome any clarification or any backtracking on anything. Dena Bianchino (Assistant City Manager): No. The only thing I wanted -- 1 mean, we agree wholeheartedly with what you're saying. I just wanted to make sure, with Lori, that we had sufficient -- Vice Chairman Gort: Yeah, and who are you? Ms. Bianchino: I'm sorry. Dena Bianchino, Assistant. City Manager. That there were sufficient funds in the Asset Management budget to be able to hire the proper people to go to these appeals beyond our staff, because we don't have enough people to do that. Commissioner Winton: We had -- we approved hiring appraisers -- Commissioner Tcele: See, that was the point. Commissioner Winton: -- appraisers for this a long time ago. Ms. Bianchino: No. There's seventy -- there's seventy-five thousand dollars ($75,000) in her budget -- 151 September 13, 2001 0 • Commissioner Winton: Right. Ms. Bianchino: -- now -- Commissioner Winton: Right, Ms. Bianchino: -- to do this. Commissioner Winton: Well, 1 know. Ms. Bianchino: I'm just. telling you that it may be that we might need more money if you really want to hit these hard. Commissioner Winton: But we didn't even know that because 1 didn't even know what the seventy-five thousand dollars ($75,000) has bought us yet. Ms. Bianchino: Nothing yet. Commissioner Winton: So, you know, show us with the seventy-five thousand dollars ($75,000) -- Ms. Billberry: We'll provide you a report. Commissioner Winton: -- and we might vote to put three hundred and fifty thousand in. Ms. Billben•y: We will provide -- Commissioner Winton: Because it's one of those things that could be an investment in revenue. Commissioner ,recic: It took us a year to bet the contract. It was a big bid protest. Ms. Billberry: This is unrelated, though. i mean, we've had -- Commissioner Winton: Oh, 1 know. I know. It is totally unrelated. But it gave me the opportunity to raise this question. Ms. Billberry: OK, Commissioner Winton: I wrote these notes here. So, if you'll do that, then we'd look at that. And if we think there's more money needed, you know, let's talk about that. Ms. Billberry: OK. Vice Chairman Gort: OK. I have a motion and a second. OK. Any further discussion? Being none, all in flvor state it by saying; "aye." 152 September 13, 2001 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-914 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTfIS (4/5TH) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THIS CITY MANAGER'S EMERGENCY ACTION IN ACCEPTING THE PROPOSAL OF REPUBLIC APPRAISAL COMPANY II, INC. TO A13PR-AISE AND ESTABLISH THE VALUE OF THE DEED RESTRICTIONS FOR THE OLD COUNTY PARK SITE LOCATED ON VIRGINIA KEY, AND THE MIAMI-DADE WATER AND SEWER DEPARTMENT BUILDING LOCATED AT 3575 LEJEUNF, ROAD, MIAMI, FLORIDA, IN THE AMOUNTS NOT TO EXCEED S2,500 AND S7,000, RI SPECTNELY; ALLOCATING FUNDS FROM THE BUDGET OF THE, OFFICE OF ASSET MANAGEMENT, PROFESSIONAL SERVICES APPRAISALS ACCOUNT, ACCOUNT NO. 810101-220, FOR SAID PURPOSE. (Ilere 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'T'omas Rebalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. 'I'ecic, Jr NAYS: None. ABSENT': None. 153 September 13, 2001 -49. AUTHQRI�E ANI) DIRECT MANAGER'TO i,P `AT PROGRAM IN: aMODIEL TTY .AREA sWMICH WOtjLD r GIVE" `CONTRACTS T,4 MACIMUM NUMAER O BLACK BUSINBSM; . TN" :SATO ,AREA TN eORDER," "TQ FACI 1--F7ATE AND`e�MATNTAIN P1tQPERTI S :IN �ViQDEL CITY ANDx .LIBE]tTY. CITY; IN3TRiJI✓T'";MANAGER DIRBCT DEPARTMENT OF COIvIMUN1TY DEVELOPMENT STAFF: TQ'INTERVIEV 27 BUSINESSES TO DET,1WINE1'HENEEDS `A:ND TQPROVIDE.A'SSISTANE:. Vice Chairman Gort: Leroy. item 7, NANA (Neighbors and Neighbors Association). Commissioner Teele: What's the item number? Vice Chairman Gort: Item 7. Leroy Jones: Leroy Jones, 180 Northwest 62nd Street, Director of Neighbors And Neighbors Association. first, I want to start off by saying, I know a lot of times, when I come to the Commission, I get a little hyper and emotional, but believe me, it's all for the good. It's for the community that the City funds me for to provide a service for, and I would hope that the Commission respect my position. And a lot of times when I have to help these businesses, sometimes I have to come here and argue and have disagreements with this Commission, but it's all for the best of the businesses that we all chose to help and provide a service for. So, forgive me if i get a little emotional, but I learned from you all because I watched everybody that sit. up - - watch you all get emotional sometimes on certain issues and items that conk up. So, i feel honored that the businesses in the inner city selected me to represent them and to try to do what can to help them to sustain a business and create new jobs in that community. However, it's something that we feel that's real important, that's happening in the Model City issue -- Model City area, an issue that needs to be addressed real soon. And I'm aware that Model City now have a Model City Homeownership 'frust Board that's going to deal with the homeownership around there and some economic development. But I also know that that process going to take a little while, but as we speak, as I speak and as that process is going forward, it's businesses in that area is really having a real hard, rough time. As you know, recently, in the last couple of years, a lot of people been moved out of that arca, And what is happening is, businesses are feeling the effect of that, and they scuffling and they're trying to hold on, but, you know, when you move a large majority of people out of an area, then it's a domino effect. You know, the businesses feel the blunt of it, the kids feel the blunt of it because now you've got people who have businesses who provide a service and provide employment for the people that live in the area. .lobs being cut back, some people being laid off from jobs because of this. I don't -- I'm not trying to make this a long, drawn out process, but I. am here to let this Commission know that -- and I know glow important it is for Commissioner Teele because I know he concerned about those for-profit businesses in that area as well, but I know it's going to take a collective body here, this whole group, to decide or determine what need to take place to help those businesses. Right now those businesses having a real, real tough time staying in business. In the last four years, I can call off my head nine businesses that closed down because of those people being; moved out of that arca. I want to say something that was real -- recently when the City -- and 1 want to thank this City for approving the funding for Omega's, Shaker's Conch Mouse and George Williams, and since the community seen these projects getting; off the ground, being; revitalized -- and also Rollins Grocery, where the City just recently started doing the parking lot, 154 September 13, 2001 you know. A lot of people, you know, feel now there's some change. Some things are going to happen in the inner city, particularly to help the businesses that's in that area. So, I can tell you how many phone calls I'm getting people wanting to be interested in doing business with the City, businesses that want to move into the City, not only just calling saying, hey, Leroy, it's some grant available, but, you know, is it any loans and grants available'? You know, what I need to do to apply for the process? So, you know, that makes me feel real good that now we got some projects being done in Model City, where everybody in the neighborhood can look -- and Little Haiti -- and take notice of and see that some things, you know, some progress is fixing to happen in that area. 1 didn't -- you know, I didn't come to bash or jump on the City or this Commission, but 1 do came to hope that this City can reassume -- this Commission can sit down and use me because 1 live in that area and you all in the County give me funding to provide a service. So, T know what's needed, you know. Maybe not to the extent where other people think it's needed, but I live there, so 1 know what people expect. I know what people look for. I know what 1 would like to sec in that area. I know what I would like to see happen. And one thing 1 do know is that, where social services in the area is greatly needed, economic development is always left out because, you know, you can provide all the service you want to, but if a person ain't got a dollar in they pocket or got a job or got a business, you know, then what good is it? 1 mean, where does it lead you'? So, t wanted to come here and let this Commission know how it is -- how important it is right now that we, right now, do something about those businesses in that arca from 54th Street to 62, from 12th to 17th Avenue, that's being affected by all those people that's been moved out of'that area. Something need to be done right now, you know. Vice Chairman Gort: Any suggestions? Mr. Jones: Yeah. Well, I'm not a legislator or I'm not trying to tun for public office or nothing like that, and I don't know how to design. I don't. know how to write it up. I don't know, you know -- all I know is money is needed. NANA provides technical service -- technical assistance to those business, sure enough, but if it's not nothing coming behind the technical assistance -- if we just go in there providing technical assistance and doing paperwork and helping the businesses through the process, if it's nothing else we can move forward with, like some available grant or loan money to sustain those businesses because those businesses need to be helped now. They need to be sustained. They need to stay in that area, you know. If they die out, then when the new people come in to take home ownership, what kind of businesses they going to look forward to to patronize? You know, we've got the Winn Dixies coming in the areas now. We've got the Walgreen's coming in the area, but don't forget mom and pop businesses employ over 70 percent of the people in this country, those same little small businesses, and it's critical, you know, that we need to preserve those businesses because they do employ people in that area that other people don't want to employ. You know, you've got your convicted felons; You've got ,your people oft wages; you've got your welfare mothers. Those businesses employ those people. You (snow, so I'm asking this Commission -- I don't know how to write legislation Up, you know. All 1 know how to do is fight. That's what i know how to do. I know how to fight for small businesses. That's my ,job, you know, and I'm here fighting on belial f o1' them because my first job was in a small business, in a grocery store, that used to be Rollins, that used to be -- right now where Jackson Soul Food is, it used to be Hince and Sons. I always called it my first hustle because 1 was only nine years old and 1 used to deliver groceries from that store and I watched how everybody in that apartment building ate because that business was there. 155 September 13, 2001 Everybody. Nobody went hungry, Mr. l-iincc wouldn't allow nobody -- no family in that building to go hungry. He totaled that whole building. That same little shotgun store. So, that's important and that's what's missing and that's what's going to missing in our community if we don't step in right now and help those same little businesses that's been in business for 20, 30 -- and like Mr. Rollins, for 52 years. He's been. in business for 52 years. When the City had to pay -- buy some land from hint to widen the street, and now he ain't got no parking. Now, thanks to this Commission, now he going to have parking. At one time he couldn't have customer because they couldn't park because he didn't have parking, it's important. I'm just asking this Commission to please consider it, right now, doing something, whatever, to save those businesses because they need the help right, right now. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Thank you, sir. Yes, sir. Commissioner Teele: Let me, again, express my appreciation, Mr, .tones, for acknowledging what this City Commission is doing. It's taken us four years and even though a number of people who really don't understand business or how you create jobs in the inner City, are somewhat critical, There's only one way to create a job in America. There only has been one way and nobody's conic up with another way, and that's what the government doesn't create jobs. When (lie goverment grant runs out, the job's over. "That's not a permanent job. And, so, what Mr. Jones is testifying, I think very eloquently for, is that the City must do more to support the small shop owners and businesses, particularly in the inner core. And it's amazing to me that we have all these economist and all these programs, and we create all these organizations and entities that really defy the basic fundamental of America and economics marketplace, which is a business equals a job. The problem, though, that Mr. Jones is eluding to, I thought, was the fact that we've created this particular trust and we're well underway to buying land and acquiring land and there is sonic real concern that the City should have a small business set aside, if you will, program -- an aggressive program, to afford people in the community to maintain the grass, to maintain the lawns that we're buying. Is that one of the areas that you're testifying to? Mr. Jones: Yes. Yes, sir, Commissioner Teele: That's what you discussed with me. And, so, the trust unfortunately, has not been constituted, Mr. Jones. There's some legal issues that prevented the trust 'f oni meeting in August, as T shared with you they would be meeting, But 1 would move that the Manager look at it program in the Model Cities area, pending the establishment of the Trust, that will maximize the small miscellaneous, less than forty-five hundred dollars ($4500) task orders of contracts that would not on a racial basis, buton a neighborhood basis, employ the maximum number -- not employ, but give contracts to the maximum number of companies that otherwise have certificates of occupancy, business licenses, in the area to maximize and maintain the properly in the Model Cities, Liberty City area. i would so move. Commissioner Winton: Second. Could I -- Vice Chairman Gort: Motion and a second. 156 September 13, 2001 • Commissioner Winton: Could I -- Vice Chairman Gort: Yes, sir. Commissioner Winton: -- make an additional recommendation? Commissioner Teele: Sure. 9 Commissioner Winton: it seems to me that we ought to instruct our Community Development Department, whoever the right expert is in that department -- l can't imagine there is more than 20 of these businesses, and I don't know how many there are. Mr. Jones: Well, we are -- about two months ago, we had a meeting with the businesses in that same area and we invited -- we counted in that Model City targeted area, we invited 27 businesses. Commissioner Winton: OK. Mr. Jones: And out of the 27, 26 of them showed up. Commissioner Winton: So, my point -- so I'm wrong. There's 27. Twenty-seven is a manageable number, and i think what we really ought to do -- because it fits perfectly in ten -ns of the responsibility of Community Development-- I would have Community Development go out and personally interview each of these companies, to figure out what to do, to Figure out how we could help them get business within the City, and to figure outwhat their needs are. Because once we've figured those pieces out, it's a whole lot easier than to make recommendations in terms of additional things that the City might be able to do to help shore up those businesses while the community's being rebuilt there. Commissioner Tecle: I would accept that as an amendment. Vice Chairman Gort: That's what we're supposed to be doing, Commissioner Teele: And welcome it. Mr. Jones: If I can say, with all clue respect, Commission, that's what I do, you know. That's what the City funds me for. Commissioner Winton: Well, then, did you bring us the data'? Mr. Jones: And I can tell you -- sir? Commissioner Winton: You have a report for us already done'? 157 September 13, 2001 Mr. ,tones: Yes, I do a report. I do a report and I submit it to this City. I know the businesses in the area. I know what's needed in the area for the businesses. But I do know that even given the information, all the people that's been displaced out of that area, just having the information and after moving a couple of thousand of people, you know, if it's no financial assistance to help them sustain until the new people conic in the area, it's -- Commissioner Winton: Leroy? Mr. ,tones: Yes, sir. Commissioner Winton: I can't make any decisions on financial assistance until I understand what the issues are. Mr. Jones: OK. Commissioner Winton: So, you might have them in your head, but your head isn't helping me at all. M•. Jones: OK. Well, I've got the documentation -- yes, sir. Commissioner Winton: And I'm trying to -- I want to understand what the issues are facing these businesses so that we can make an intelligent decision. And just having you stand here and say, well, we've got to get some money, what money? Money - how much money? Money 1'or what'? And is it just ntoncy? And I don't know the answers to that and those are the kinds of answers we have to have. Mr. Jones: Well -- Vice Chairman Gort: (INAUDIBLE) what you're doing, Leroy. You know the businesses very well. Commissioner Winton: Leroy, there isn't a reason for you to continue to argue every time you come here -- you ain't bot the only thought in the world. Commissioner Teele: But the truth is -- you all are saying the same thing -- if this motion is adopted, then it's going to be real easy. If you've got all the information, all you've got to do is get invited up to the Community Development Office, Connnissioner Winton: Right. Commissioner Teele: You all can have a report and be back here on the 25th -- Mr. Jones: OK. Commissioner Teele: -- with that report. 158 September 13, 2001 0 • M.r. Jones: OK. Commissioner Winton: Precisely, Commissioner Teele: With that whole -- Mr. Jones: OK. Commissioner Tcelc: But the fact of the matter is, we're not going to -- even though you are a -- yolk receive funds from us, we still look to the department, the Manager, so it's got to go through the Manager's Office or Community Development Office, in this case They've got to sign off on it. They've got to verify it. They've got to test it and all of that and it will work out real well. We're saying all saying the same thing. We're moving down the road together on this one. Mr. Jones: Commissioner, I don't want to feel like I'm not grateful. I'm not the person who is giving some help and assistance and turn it down. So, I'm not saying that I don't need the Department of Community Development to help me with this process. I'll welcome them, you know, helping me But I want to let you all know that that's a part of my function, too. Commissioner Teele: And the point is this, Leroy -- Mr. ,tones: So -- and 1 welcome it. Commissioner Teele: We fluid you, but at the end of the day, we only rely upon the Manager's recommendation. We cannot take your recommendation and act on it under our Charter. We can listen to you. We can weigh -- you know, you all don't agree, you're going to come here and disagree, and we're going to weigh both of those. We don't just ribber stamp what the Manager says, but the governmental process is, we cannot start talking about making loans or grants or anything unless and until the Manager's Office has done this, and we're saving a lot of time by doing what Commissioner Winton is recommending. Mr. Jones: I know that, Conunissioner, and I respect what Commissioner Winton saying, and I agree with him. You know, ]'in just saying that, you know, the process have started. So, it's easier for both of us. Commissioner Winton: Then say thank: ,you, and then we move on. Mr. ,tones: `!'hank you so much. I thank you so notch. Commissioner Winton: Now, we go to the next agenda item. Commissioner Teele: Can we carry this item? Vice Chairman Gort: No. We need to vote on it. Cotmmissioner Teele: We've got a motion and a second. 159 September 13, 2001 Vice Chainnan Gort: All in favor state by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 0 1 -915 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO LOOK ATA PROGRAM 1N THE MODEL CITY AREA WHICI1 WOULD GIVE CONTRACTS TO THF MAXIMUM NUMBER OF 131 -ACK BUSINESSES IN SAID AREA IN ORDER TO FACILITATE AND MAINTAIN PROPERTIES IN MODEL CITY AND LIBERTY CITY; FURTI-IER INSTRUCTING THE CITY MANAGER TO DIRECT THE DEPARTMENT OF COMMUNITY DEVELOPMENT S'T'AFF TO INTERVIEW 27 BUSINESSES TO DETERMINE THEIR NEEDS AND TO PROVIDE ASSISTANCE; FURTHER INSTRUC'T'ING THE MANAGER TO REPORT BACK ON THIS ISSUE ON SEPTEMBER 25, 2001. Upon being seconded by Commissioner Winton, the motion was passed and adopted by t.lie following; vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissionor Arthur 13. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Thank you. Commissioner Winton: Thank you, Leroy. Mr. Jones: All right. Thank you. 160 September 13, 2001 $0. RAT- 19 APPRQVE AND GONFIiW ?A1W qNT PARK MANAGEMENT:TRUST'S.- EXECUTIVE: DIR TORS. EiNU�ING 6 EMERGENCY,. NAIVL REQUI MENTS FOR,, COMPET�'VE S AI.ED BIDS AND Ai'FR4V> REl'AIR'.F AT&T A►MPHITIdEATER :AT BAYFI�.pN,',)� PAR BENGT�, SEATING; DAM�t�ED AUR;1�G. FE�TIVA`G�:�►RG�NTINO ML-A1V1)C :'$9,'310, PAYABIJL 'TO H : WA.� CORPQRaATiON, WITH.FUNDS` ALLOOATED'°' FROM BAYFRONT PARK.IVtANACrEMENT TR�JST OPERATING BUDGET; Vice Chaimian Gort: Item 28, Bayfront Park bench, Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Winton: Second. Vice Chaiman Gort: Been moved and second, Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO, 0 1 -916 A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION, BY A FOUR- FIFTHS (4/5""") AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE BAYFRONT PARK MANAGEMENT TRUST (THE "TRUST") EXECUTIVE DIRECTOR'S l{INDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF REPAIR SERVICES FOR BENCH SEATING DAMAGED DURING THE FESTIVAL ARGENTINO EN MIAMI AT THE AT&T AMPHITHEATER AT BAYFRONT PARK FROM H. WAY CORPORATION, IN AN AMOUNT NOT TO EMCEED $9,310; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE TRUST, 161 September 13, 2001 0 0 (Mere 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 Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 162 September l 3, 2001 • • 51 (1#) RATIFY, APR�OVE, AIA CONFIRM MANAGER'SINDINC OF EMI;ICrEI�jC WANE REQ%TIRivi1�NTS°FOR C;OMPETfTXVL►L,ED BIbS ANDI'APPROVE RENAi:, QF' 1�'0k'O'} LE 13A1'HROOM TRAILFft FRQM'PORT. O TECH LhiC. T01p 1VIARIN STADIUM MARINA; WIT�I>3,$4Q ALLOCATED 'FROIVL MAR7NF STADIUM ItiA FY 2 OI'QFERATING BiJI:�rET .(8 C011 Ni`ENTS'BY CO.� ' ISSIONI R.GORT REGARR7<7�NG Gi AFFIT,I SIfFUA�TION 0 1. ._� . MARINE. STADIUM' WHICI� 78 AN I✓YE SORE,=FOR CITY. Commissioner Sanchez: Twenty-nine, so moved. Commissioner Winton: Second. Vice Chairman Gort: Any discussion? Commissioner Rcgalado: Excuse me. t just want to know what happened in the Festival? Connnissioncr Sanchez: Executive Director, ,yes? Vice Chairman Gort: They want to know what happened at the Festival. Commissioner Sanchez: They want to know why we're replacing the benches. Jay Constantz: Jay Constantz, Bayfront Park. The patrons got so excited, they got on top of the benches and danced and the benches gave way underneath them. Commissioncr Regalado: I thought it was a soccer match. Vice Chairman Gort: Thank you. ftern 29 has been moved and second. Walter Foeman (City Clerk): Need a seconder. Vice Chairman Gort: He moved and lie seconded. Any further discussion? Being none, all in favor state by saying "aye." Commissioner Regalado: Question. Question, question. What is happening with Bayside. Christina Abrams (Director, Public Facilities): The restaurant? Commissioner Regalado: The restaurant. Ms, Abrams: That would be a question for Asset Management to answer. All we can say is the restaurant's closed. Commissioner Regalado: No, T know the restaurant is closed, T saw it on television. Commissioner Winton: What did ,you ask'? 163 September 13, 2001 Commissioner Regalado: I asked about the restaurant, which, by the way, has to do with what we're doing because the people were using the bathroom -- the people from the marina were using the restaurant bathrooms, so we're renting some portables because the restaurant is closed. Ms. Abrams: No. What happened with the restrooms is the main sewer -- sanitary sewer line below the restroom collapsed about a month ago. When they collapsed, we had to bring in restrooms right away because we have a full service marina, we have the mechanic shop, we have the jet ski operation, and we had the restaurant. Commissioner Sancho: Christina, let's clarify. It's not Bayside. Commissioner Regalado: It is Bayside. Ms. Abrams: Bayside Scatbod Rest -- Commissioner Sanchez: it's the Marine Stadium. Commissioner Regalado: No, no, but I'm talking -- the people from the marina -- the customers of the marina need to use the restroom in Bayside. Ms. Abrams: Well, that restroom -- Commissioner Regalado: That's what I'm saying. Commissioner Sanchez: Yeah, but this has nothing to do with this item, right? Ms. Abrams: Those restroom -- excuse me, il' I could clarify. Those restrooms are owned and operated by the City of Miami. Commissioner Regalado: I know that. Ms. Abrams: And they were used by the restaurant. The problem that we had was before the tire. it had nothing to do with the lire. It had to do with the main sewer line collapsing, and that's why we're renting portable toilets. Commissioner Regalado: OK. Ms, Abrams: I hope that answers your question. Commissioner Regalado: Yeah, OK. But I still would like to know what is happening with the - - because let me say this. It's -- this is a very nice -- well, it's not a very nice. It's a very used marina. We have the eyesore of Marine Stadium, and now we have a burned -- I mean, do you need like -- in two or three months you're going to need a machete to go through and go to the marina and to the jet skis. For me, it's pretty hard to see that site and this is why I'm asking, and I'm asking because the patrons of the marina will use a burned down restrooms. 164 September 13, 2001 Carlos Gimcncz (City Manager): Commissioner, we're working with the operators to sec if, "A", they can open up or if, "B", you know, they actually, you know, extend the facility a little bit and we're waiting for somebody to go through these other issues. Commissioner Regalado: And if -%N c are in this area, if we move one block north to the tall -- if you go on the Saturday night and try to go into Rusty Pelican, you will see like a sort of a flea market, 10 or 20 hot dog cants because the restaurant owned by the City does not. cook food, so the people that drink, go out and buy hot dogs, come in to dance and that is a very, very disappointing site. 1 will bring pictures because I was so surprised to see that on a Saturday night. I mean, it looked like a flea market/circus/carnival type of situation. Mr. Gimenez: We'll try to see what we can do to get them to open as quickly as possible. There's a question on proceeds from the insurance (INAUDIBLE). Commissioner Regalado: No, but I'm not talking about that restaurant. I'm talking about one block down, the entrance to the Rusty Pelican. Mr. Rollason: You're talking about Ole Horacio? Vice Chairman Goil: Yeah. Commissioner Regalado; Yeah. Vice Chairman Gort: There's hot dog stands right outside. Mr. Rollason: All right. All right. I'll get NET (Neighborhood Enhancement 'Team) to look into that and see what's happening. Vice Chairman Gort: L,et's vote on the portable toilet. So moved. Commissioner Winton: Second. Ms. Abrams: Thank you. Vice Chairman Gort: It's been moved and second. Is there any further discussion? Being none, all in favor stats by saying "ayc." The Commission (Collectively): Aye. 165 September 13, 2001 • 0 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-917 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5"') AFFIRMATIVE VO'l'E, RA'T'IFYING, APPROVING AND CONFIRMING THE CITY MANAGE'R'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE S1ALED BIDDING PROCEDURES AND RENTAL OF ONE PORTABLE BATHROOM TRAILER AT THE MARINE STADIUM MARINA FOR TI•IE DEPARTM F.N'T OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM PORI' O TF.CII., INC., IN AN AMOUNT NOT TO EXCE-F.D 58,800; ALLOCATING FUNDS FROM THE MARINE STADIUM MARINA GENERAL, OPERATING BUDGET, ACCOUNTCODE NO, 402003.350508.6.340. (Here follows body of resolution, omitted here and on file in the Office of (lie 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 Commissioner Arthur E. Tecle, Jr. NAYS: None. ABSrNT: None. Vice Chainlian Gort: Now, I'd like to bring one point up. I'm beginning to see, we have worked a lot on graffiti. We have eliminated quite a bit of it. Unfortunately, I'm beginning to see it coming; back out again, and that's something that the gang squad should be looking into it. Mr. Gimenez: We'll do it. 166 September 13, 2001 52. RATIFY, APPRQVE AND -CONFIRM MANAGER'S FINDING EM8.RGENCY, WANE REQUIREMENTS .FOR. COMPETITIVE ;SEALED BIDS AND.;APPItOVE PROCUREIv1lENT OF MARINE.:FOR1C TFT` 1'RUCK;TOR'MARINE STADIUM MA „RII�dA, $14 ;500 FOR DEPARTMENT OF CONFERENCES3 .00 VENTI&4jt kND PUBLIC FACILITIES, WLTIj FUNDS ALLOCATED FROM MAPJNE STADIUMMARINA Ca P: BUDGET; Vice Chairman Gort: item 29. Commissioner Sanchez: So moved -- no. "That's the one -- 30, so moved. Vice Chairman Gort: "Thirty. The purchase of -- Commissioner Winton: Second, and question. Vice Chairman Gort: l thought we had purchased one just two months ago. Christina Abrams (Director, Public Facilities): Pardon? Vice Chairman Gort: I was under the impression - two or three months ago. Ms. Abrams: Right. What we did is, we rented a forklift because the one we had, you know, broke -- Vice Chairman Gort: Oh, we rented it. OK. Ms. Abrams: -- beyond repair, so we rented one temporarily while we purchased a new one. And this is to ratify the new one, which will be delivered by the end of the month. Commissioner Winton: So, this was already in our capital improvement budget? We had already anticipated -- Ms. Abrams: Yes. Commissioner Winton: Great. .But, again -- Commissioner Sanchez: Again. Commissioner Winton: -- you ought to put it in here, you know, so I lmow when I read this. Ms. Abrams: OK. Commissioner Winton: Let's see -- because my question was, well, why -- was it in our capital improvement budget? Why wouldn't it be in our capital -- well, it already was. So, you could just put that in there so, you know, the -- Ms. Abrams: In an effort to summarize, sometime %ve don't give enough information. 167 September 13, 2001 i Commissioner Winton: I know you don't. You really don't. On any of these summaries, you don't give the pertinent information that gives us the right picture that we'vedone the thinks we need to do, analyze the things we need to analyze, and boom. 1 Ms. Abrams: Fair enough. j Commissioner Winton: Thank you. i Vice Chairman Gort: OK. it's been moved and second. Any further discussion? Being none, all in I'avor state it by saying "aye." The Commission (Collectively): Aye. i The following resolution was introduced by Commissioner Sanchez, who moved its adoption: i i RESOLUTION NO. 01-918 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5'"'s) AFFIRMATIVE. VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMl3RG.LNCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALrP BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF ONE MARINE FORK LIFT TRUCK FOR THE MARINE STADIUM MARINAI FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AN[IPUBLIC FACILITIES FROM WIGGINS LiFT COMPANY, INC., IN AN, AMOUNT NOT TO EXCEED $144,500; ALLOCA'T'ING FUNDS FROM THE MARINE STADIUM MARINA CAPITAL IMPROVEMENT PROJECTS BUDGET, ACCOUNT CODE NO. 326008.359301.6.840. (Here follows body of resolution, omitted here and on file in the Off -lee of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed �nd adopted by the following vote: i AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur r. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. I ABSENT: None, 168 Septernoer 13, 2001 S . ,gA, wY ' I'RD E STD CQN IRiVi< MA�iAf �, II��x RaEI+�TG�Y: wAIV�„ x REQL.W. M) fS,±F i R, OMPA ITt f �a AEI IA A+ D 1 PPli, ' JR4 IV `E 1T, OF' Ma FQc I.�F? �T,RUC4�t 1V : $1Ii'P�1►�1 SSD , AOR DEP�►R�;M,,�f�TT3 Ql��C4I�1RF�I�1�L�S, GQNVB�I�I���'A I���IC �i�C7IL�fisIES, W.,Z'I'.F�,: Vice Chairman Gort: Item 29. Commissioner Sanchez: So moved -- no. That's the one -•• 30, so moved. Vice Chairman Gort: Thirty. The purchase of -- Commissioner Winton: Second, and question. Vice Chairman Gort: 1 thought we had purchased one just two months ago. Christina Abrams (Director, Public Facilities): Pardon? Vice Chairman Gort: 1 was under the impression -- two or tluee months ago. Ms. Abrams: Right. What we did is, we rented a forklift because the one we had, you know, broke -- Vice Chairman Gort: Oh, we rented it. OK. Ms. Abrams: -- beyond repair, so we rented one temporarily while we purchased a new one. And this is to ratify the new one, which will be delivered by the end of the month. Commissioner Winton: So, this was already in our capital improvement budget? We had already anticipated -- Ms. Abrams: Yes. Commissioner Winton: Great. But, again -- Commissioner Sanchez: Again. Commissioner Winton: -- you ought to put it in here, you know, so i know when I read this. Ms. Abrams: OK. Commissioner Winton: Let's see -- because my question was, well, why -- was it in our capital improvement budget? Why wouldn't it be in our capital -- well, it already was. So, you could just put that. in there so, you know, the -- Ms. Abrams: In an effort to summarize, sometime we don't give enough information. 169 September 13, 2001 qp 0 Commissioner Winton: I know you don't. You really don't. On any of these summaries, you don't give the pertinent information that gives us the right picture that we've done the things we need to do, analyze the thinks we need to analyze, and boom. Ms. Abrams: Fair enough. Commissioner Winton: Thank you. Vice Chairman Gort: OK. It's been inoved 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 Sanchez, who moved its adoption: RESOLUTION NO. 01-918 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5"'"s) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENTOF ONE MARINE FORK LIFT TRUCK FOR TME MARINE STADIUM MARINA FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FROM WIGGINS LIFT COMPANY, INC., IN AN AMOUNT NOT TO EXCEED $144,500; ALLOCATING FUNDS FROM THE MARINE STADIUM MARINA CAPITAL IMPROVEMENT PROJECTS BUDGET, ACCOUNT CODE NO. 326008.359301.6.540. (Here follows body of resolution, oinitted 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 Arthur E. Teele, .Ir. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 170 September 13, 2001 0 .0 53, ACCEPTrt R l^OM1VI NDATION `OF MANAGER TO APPROVE. FINDINC,rS OF EVA,UATION COMMITTEE, PU1SLiANT ATO RBQiiEST FOit PROPCS.�FL FOR CO]V,SUIJTD�'���aERY�CES .AND SP�NSOR 1QIt N 7 C RIGH�TS,j�9F'ORA)�Cx� BOWL' STA I�JM, AbE.- id . MA�iE1GEF ; TQ-NEd0TJAND : ExE�UTE- M�'IT WITIi POP ;D FIRM, LEGCi} 'MAS4N/ifiRON{T :R01, . MA*'INO SEVIGS, X50,000,<:RI;IJS EXPENSES, FOS DBPART]VI$1�TT OF ebNl~RENGES, tONVNTIQNS; AND PLBLC'FAtYTiITTES, SiOjJLD NEGQTIATIONS SAIL WITH TOP At�IVICED FTRvI, CQN�IV�ITTE;IGUMMTAS. TIA7 IVL'WkRFP $E TSSLTA,F,OR:SRVICE,,. . Vice Chairman Gort: Item 31st, Christina Abrams (Director, Public Facilities): Item 30 is respectfully requested that the City Commission approve the findings and recommendation of the Orange Bowl Stadium Naming Rights Evaluation Committee, and the Orange Bowl Advisory Board. Commissioner Sanchez: Didn't that need to be amended? Joel Maxwell (Deputy City Attorney): Item 31. Commissioner Sanchez: Wasn't there an amendment to it? Ms. Abrams: Oh, am I on 31 now? Commissioner Sanchez: 'Thirty-one, wasn't there an amendment to it? Commissioner Winton: Thirty we just did, so -- Carlos Gimencz (City Manager): We're on 31. Vice Chairman Gori: Thirty we passed it. (INAUDIBLE) 31, she's right, it's the Orange Bowl. Commissioner Winton: Thirty-one is the Orange Bowl. Ms. Abrams: And to continue, Commissioner Sanchez, is -- the committee recommends that the City Manager be authorized to enter into a service agreement with Legg Mason and Front Row Marketing Services to solicit a sponsor for the sell of the naming rights. The terms of the agreement will be fifty thousand dollars ($50,000), plus expenses, with a success fee of seven percent of the total value of the naming rights, of which 50 percent of a retainer fee will be deducted. The way this agreement will be presented is, a recommendation will be made to the Orange Bowl Advisory Board once a sponsor is found, and will then be forwarded to the Commission. The Commission retains a right to reject the name of the sponsor, and also the terms of the agreement for that sponsor. Commissioner Regalado: Well, why only one? Why cannot they provide choices? 171 September 13, 2001 Ms. Abrams: We're not limiting them to one. We will come with one recommendation, but we have limited them to just finding one. In our negotiations, what the board had advised us to do was to ask thein to conic up with three firms. And, so, this way they could negotiate with the top three firms, and we can bring those recommendations to the Commission. Commissioner Winton: So moved. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Commissioner Regalado: I've got a question on this. Is this -- what kind of business Legg Mason front row marketing services does? Is it public relations or is it marketing? Ms. Abrams: Legg Mason is expert in sports marketing. They do many things. One of the things is to provide consulting services for the sell of naming rights. And they've been involved with major stadiums. They're also involved with working with the City of Miami in finding the location of the stadium for the Marlins. Commissioner Winton: Legg Mason's a major, national real estate investment company and a mortgage banking company. Commissioner Regalado: Oh, I know. We talked to them during the stadium thing. Commissioner Winton: Right. Commissioner Regalado: But my understanding was that you would need a major public relation or ad firm to go out and seek potential sponsors for a stadium. Because in architecture it's -- I mean, you have a limited access to commercial entities. Commissioner Winton: I wouldn't think that be the case. 1 think you need somebody that has experience in doing this kind of thing, because they then have access to ad firms or PR firms and corporations themselves. You need somebody at (lie table that's the expert in negotiating and identifying what the market is, and negotiating these kinds of deals, and I'm not sure that -- Commissioner Regalado: Oh. Because the purpose of this -- now I understand. The purpose of this is to know how much we can charge, and then we go out and look for a sponsor? Commissioner Winton: Right. Ms. Abrams: They do both. Commissioner Winton: They've got. to help us figure Out who the targeted market is, how much money we ought to be able to get from this targeted market. Commissioner Sanchez: Mr. Chairman. 172 September 13, 2001 0 • Ms. Abrams: And then to solicit a firm. Commissioner Winton: Right. Commissioner Sanchez: Mr. Chairman. Commissioner Regalado: But wait. Are these people going to solicit the firm? Ms. Abrams: Yes. They're going to do both. What they're going to do is they're going to first assess the market. They're going to determine what the value of the naming rights is, based on their assessment. They're going to contact different corporations to assess the level of interest, and then they're going to conic -- that will be the conclusion of Phase 1. They're going to come to us and say, "The Orange Bowl name has such a value. These are your potential interested bidders." once that is -- once we get beyond that phase, then they will go and solicit these companies, and try to negotiate an agreement because there's more to it than just, of' course, the sale of the na►nc. It's also what the City will receive. Commissioner Regalado: Well, I don't have any problem. i think it's a good idea. But I think that if this company give its the information to understand how much the Orange Bowl name is on the market, then we should go a step further and we hire a more different -- a different entity that would contact more sponsors than these people would. That's all I'm saying. I'm saying that this is -- are two different things. One thing is to find out --which we don't know -- how much it is, and how much is the market and what's the going rate for the naming of the stadium. And the second thing is to find a sponsor that would be willing to pay. If I were to -- and 1 think that these people are expert on the matter of stadium, but they probably are not expert in terms of marketing it product. That's what I'm saying. Because, for instance -- and just keep this thought in mind, Joe -- and you chair that committee -- if you sell the names rights of the Orange Bowl for TV (Television) audience and number of things, and you forget that your major clientele is on 836, going cast and west, which is not related at all with you visiting the stadium, then you're losing money. Because a company -- American Airlines has the name on the roof for the planes. You know, for the passengers of all the planes coming from Latin America to sec it, to see the name. That's what I'm saying. I'm saying that the marketing aspect is totally different to the knowledge of how much the name is on the market. Carlos Gimencz (City Manager): Commissioner -- Commissioner Teele: Talking about billboards. Mr. Gimenez: If we could perhaps -- Commissioner Regalado: It is a huge billboard. That's what it is. Frank Rollason (Assistant City Manager): Commissioners, suppose we did -- suppose we left it like it is, and then, at the end of Phase 1, we conic back here before we go into Phase I1. We report to you what has been found and see if what they have identified in Phase I has taken in all 173 September 13, 2001 the elements that you feel are important, because this outfit is a good outfit to go out and find and negotiate (INAUDIBLE) plus they've got all the background of what they developed on Phase I. I would hate to try to slip that and not have that depth. Commissioner Winton: You ought to provide Commissioner Regalado with the resume of activities that they've conducted, so he has a better sense of their qualifications to conduct this phase of it, because lie has -- I don't blame him for wondering how this company could do both of these things. That's a logical question. So, I think you need to get the information that will sell him, that this company's the right one to do that. Frank Rollason (Director, Building & Zoning): All right. And we'll -- conic back (INAUDIBLE), Phase I -- Commissioner Sanchez: Mr. Chairman, if I may. Vice Chairman Gort: Commissioner Sanchez. Commissioner Sanchez: I hate to take one step forward and two steps backwards on the issue. It's been a long process. This Coniniission appointed me as Chairman of the Orange Bowl Steering Committee. Since we have taken over, we have basically looked at every option to bring restoration and improvements to the Orange Bowl, which the funds are not there. As you've heard in the past, the Orange Bowl continues to deteriorate, and there isn't enough funds to go in the Orange Bowl for improvements. We have done just about everything from creating a website to help promote the Orange Bowl, And I commend all the members of that Steering Committee that have labored so hard to do such a great job. This was an idea that was put forth to generate revenue. A committee was established of individuals that looked at many options to try to bring in revenues toward the Orange Bowl. Flaming right, of course, we can't compare the major stadiums throughout our great nation, because we don't hold, at this time, a professional team. So, we're not going to get millions of dollars for the Orange Bowl. However, the Orange Fowl is a very historic stadium, and it has a lot of tradition. So, there is the ability to generate money, naming it for whatever -- whoever's interested in coming in and bidding for the highest price to name, and put their name. 'file Orange Bowl will stay. It will be somebody before the Orange Bowl. We have taken all kinds of precautions. This committee selected what they consider a competitive bid, the best possible firm to go out and generate the best possible deal for the City of Miami. The committee voted on it. The Orange Bowl Stadium Committee also voted on it. it is here before you to vote on the issue. This firm that we have talked about has been in front of us many, many times. They were the ones that did basically all the reports on the baseball stadiums, So, this is a very respectable company. It was selected through a fair process. Now, their job is to go out and select a best possible deal for the City of Miami, whether it be half a million dollars ($500,000) or ten million dollars ($10,000,000), So, with me saying that, I would respectfully request that we approve this or select this firm. Let them go out -- it will come back to the Orange Bowl Steering Committee with whatever recommendations they make, and then it will come in front of this legislative body for a final approval. 1 don't want to continue to delay the process. Because you know what? 1 would love to take each and every one of you toward the Orange Bowl and see how much improvement we have. We have skyboxes that I am ashamed to put the media in. We are still in litigation on many issues of the 174 September 13, 2001 Orange Bowl that I cannot get into. But we cannot continue to delay the process anymore. And I please ask, respectfully, that this legislative body vote on this. No matter what, Commissioner Regalado, will come back to us for final approval, sir. Commissioner Regalado: But I'm not saying to delay. I'm ready to vote. I just say that we need to be sure that from the marketing; point of view, after we know how much is -- we don't know. We cannot even have an idea of how much in the market is the name. What .I'm saying is, when we know, we need to use this company or any other company or another company or branch of this company, if they are big, that specializes in marketing because we're talking of a commercial entity that want people to read the names. That's all. Ms. Abrams: That's a very good point. And that's wiry the selection committee was made up of different representatives of our community who had expertise in that area.. We had a representative who was well versed in financial issues. We had a representative, which you appointed, who was very well related in marketing and public relations. So, we think we had a very balanced and objective review of the proposals, and we're comfortable that this is the best proposer for the City. Vice Chairman Gort: OK Commissioner Sanchez: Call the question. Vice Chairman Gort: It's a motion and a second. Commissioner Tccle: i have a substitute motion. Vice Chairman Gort: Go ahead. Commissioner Teele: I move that the amount of two hundred and fifty thousand dollars ($250,000) a year and the designation of the Orange Bowl was the Adorno Zeder Stadium. Commissioner Winton: Second. Commissioner Tecle: And -- Commissioner Sanchez: Make that five hundred thousand. Commissioner Winton: Second. Ms. Abrams: Five hundred thousand. Vice Chairman Gort: Any further discussion? All in favor state it by saying "aye." The Commission (Collectively): Aye. Ms, Abrams: Thank you. 175 September 13, 2001 • 0 The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 0 1 -919 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO THE REQUEST FOR PROPOSAL (RFP) NO. 00- 01-116, FOR THE PROVISION OF CONSULTING SERVICES AND A SPONSOR FOR THE NAMING RIGHTS OF THE ORANGE BOWL STADIUM FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY AT'T'ORNEY, WITH LEGG MASON/FRONT ROW MARKETING SERVICES ("LEGG MASON"), THE FIRST RANKED FIRM, AT A COST NOT TO EXCEED $50,000, PLUS EXPENSES; FURTHER DIRECTING THE CITY MANAGER TO ISSUE A NEW RFP IN THF, EVENT A REASONABLE AGREEMENT CANNOT BE NEGOTIATED WITI I LEGG MASON; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 404000 .350 503.670, FOR SAID PURPOSE. (Here follows body ofresolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gorl Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None, Vice Chairman Gort: Die's writing a check right now, so no problem. 176 September 13, 2001 5S. RA'J'IFYAPPROVE ANWCONFIRIVi MANAGLER'STINDING ,OF �;EMER-GtlqlbY; WAIVE REQUIREMENTS RCOMI'RTITIVE 5E ABED BIDDING PROC> DURFS _ANA ' AT�PRbvI; )GMERGINGY-.R�PA1T1 OF Cil�'N);RATOR FOR KEY i3ISCAYNB , QUILT ] BY,> ADAMS •ELECTRICAL S$RVICE;;INC Vice Chairman Gort: item 33, ratify, approve, confine -- Commissioner Winton: So moved. Vice Chairman Gort: -- emergency generator repair key. Commissioner Winton: So moved. Commissioner Teele: Second, Vice Chairman Gort: it's been moved. Is there a second? Commissioner Teele: Second. Vice Chairiian 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. 01-921 A RESOLUTION OF THE MIAMI CiTY COMMISSION, BY A FOUR - FIFTIES (4/5•x•") AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BiDDING PROCEDURES AND APPROVING THE ACQUISITION OF GENERATOR REPAIR SERVICES FOR THE KEY BISCAYNE QUINT 1 FROM ADAMS ELE'CT'RICAL SERVICE, INC., IN AN AM'OUN`I' NOT TO EXCEED 54,890.35; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280701.6.670. 179 September 13, 2001 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Tecle, the resolution was passed and adopted by the following vote: AYES: Vice Chainnan Wiftedo Goti Commissioner Tomas Regalado Commissioner Arthur E. Tccic, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Joe Sanchez 1 sb September 13, 2001 S6. ,SUPPORTT PU23LIC NEED FOR NON-AEYENUt GENERATING BUS PARKING:=LOT TQ;!BE 'LOCATED QN'WATSON ISLAND WITHIN FLORIDA; DEPARTMEI�'I' OF TItANSPOItTA1'ION RIGHT-OF-WAY VHICfi; SHALT. 13E nPEN rQ; PUBG>(C A2D SHALI. S]xRVF1 ALL 'TSERS °QN WATSONISLAND; ENCOURAG, CITY'S OtP.A);-MENTMOF :-OFV4TREET-` PAR=qG ' TO, F,NE , '!'E Il I'ERLbCAL. Ab 3RELM NT" WITH F :DTaP 1;TMENT OF fk.i,) OOKATION FORS BJECT:RIGHT OF -WAY FOR ONE DQLLA.R I .A YEAR. Vice Chairman Gort: Item 34, bus parking lot of Watson Island. Commissioner Winton: So moved. Vice Chairman Gort: Art Noriega. It's been moved. Is there a second? Commissioner R.egalado: Second, Vice Chairman Gort: Discussion'? Being none, all in flavor state it by saying "aye." The Commission (Collectively): Aye. 'File following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 0 1 -922 A MOTION SUPPORTING THE PUBLIC NEED FOR A NON -REVENUE GENERATING 13US PARKING LOT TO BE LOCATED ON WATSON ISLAND WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY WHICI I SHALL BF OPEN TO THF, PUBLIC AND SHALL SERVE. ALL OFTHE USERS ON WATSON ISLAND; AND ENCOURAGE THE DEPARTMENT OF OFF-STREETPARKING OF THE CITY OF MIAMI TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE SUBJECT RIGHT-OF- WAY FOR ONE DOLLAR ($1) A YEAR. tJpon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Vice Chainmtn Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Joe Sanchez 181 September 13, 2001 Commissioner Teele: L.et me understand one thing. Now, under this bus parking lot, do we have appropriate reservations that they don't have access of that when we have fee -generating activities and -- is that -- is the City's position being carefully -- Art Noricga: i didn't hear the question. I'm sorry. Commissioner Teele: Is there a sufficient reservation that -- this is a bus parking lot, right? Mr. Noriega: Correct, sir. Commissioner Teele: Non -revenue generating parking lot? Mr. Noriega: The Florida Department of Transportation requested from this body a resolution in order to be able to begin negotiations of an agreementat a dollar a year lease for that area under the interstate. Commissioner Winton: So, this is the dollar a year lease parking that we're going to pay FDOT (Florida Department of Transportation)? Mr. Noriega: Yeah. This allows us -- this resolution allows us -- gives them their out to be able to enter into an agreement -- C ommissioner -Commissioner Teele: Oh, OK. 1 -- Commissioner Winton: Right. So, it doesn't bet us to that next step, yet. Commissioner Regalado: And this is for tour Muses, right? Mr. Noriega: Buses to serve Parrot Jungle. Commissioner Regalado: Parrot Jungle, Mr. Noriega: Children's Museum, Conventions and Visitor's Bureau. All of those different (rNAUDIBLf;). Commissioner Teele: No further questions. Call the question. Vice Chairman Gort: OK. All in favor state it by saying "aye." The Commission (Collectively): Ave. 182 September 13, 2001 ]'he following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 0 1 -923 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARINGTHAT A PUBLIC NEED FOR A NON -REVENUE GENERATING BUS PARKING LOT ON CI:R'TAIN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") RIGHT-OF-WAY, UNDERNEATH THE MACARTHUR CAUSEWAY OVERPASS, EXISTS TO SERVICE ALI, PUBLIC AND PRIVATE USERS OF WATSON ISLAND; URGING THE EXECUTIVE DIREC'T'OR Of THE CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING TO EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE '1'O THr CITY ATTORNEY, WITH 1;DOT FOR SUCH PURPOSE, AT A COSI' TO THE CITY NOT TO EMCEED ONE DOLLAR ($1,00) PER YEAR (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 Wifiedo Cort Commissioner 'Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Tccle, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Thank you. 183 September 13, 2001 • 0 i7. k-A'Tw1FnY,: APPROVE `AND' C0 1RXRtvf MANI�G R'S >yII 1UING QF . M1aRU"ENCY "_IPU EQUIIZE'1Vi NTS 'FOR $CONIPE ITIY,E SEALEIa ` BIpS, AIVA `yAP1?ROVI_ 3MERGENCY hUR61A E IOF ,ROOF REPAI�ZS ;FUR POLIO AEPARTMES�T` FRONJ C4RPORA'I`YON Vice Chairman Gort: Thirty-five, emergency provision and a roof repair for the police station. Commissioner Winton: So moved. Vice Chairman God: It's been moved. Commissioner Sanchez: Commissioner Regalado: Second. Vice Chairman Gort: Is there a 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. 01-924 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS AFFIRMATIVE VOTE OF THE MEMBERS OF TME CITY COMMISSION, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE; REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE EMERGENCY PURCHASE OF ROOF REPAIRS FOR THE POLICE DEPARTMENT FROM FLORIDA LEMARK CORPORATION, IN AN AMOUNT NOT TO EXCEED $7,500.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROJECT, ACCOUNT CODE NO, 312025.299301.6.860; FURTHER, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THESE SERVICES. 184 September 1:3, 2001 (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 Chainnan Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Nolte. Vice Chairman Gort: Federal Court, Item 36, resolution accepting proposed plot. Commissioner Tcele: So moved. Commissioner Winton: Second, with discussion. Carlos Gimenez (City Manager): (INAUDIBLE) this item was deferred to the 25th. Vice Chairman Go -t: That was deferred. That's right, Commissioner Winton: Thirty-six was? 185 September 13, 2001 • 58.. RESCIND: CONTRACT AWARDED UNDER.,RI3SOLUTION !NO,00r1055 TO .ANDER POLICE STIPVLY, FOR PROCUREMENT.r- OF LJN FORIVI'i ACCESSORIES, FOR DEI'ARTMEINTT OF POLICE. - Vice Chairman Gort: Thirty-seven. Commissioner Winton: So moved. Vice Chairman Gort: (INAUDIBLE) recommending the City of Miami adopt the attached resolution -- yes -- rescinding the existing; contract with the Adder Police Supply. Commissioner Teele: The company that's being rescinded, Ms. Purchasing Director— Judy irector--Judy Carter (Director, Purchasing): Yes, sir. Commissioner Tecic: -- have they objected? M.s. Carter: They have sat with me, after notice was given, of the termination, and -- Commissioner Teele: Ms. Judy Carter, Purchasing Director. Nis, Carter: I'm sorry. Judy Carter, Purchasing Director. Commissioner Tecle: I just asked one question. I'm going to ask it again. Have they objected? Ms. Carter: They have objected when they met with me, and more of it was to show them -- it was to show me why l should not continue with the process. But they were aware that we were proceeding with the recision request. Commissioner Tcele: Mr. Attorney, is the mere filing of it chapter 11 reorganisation -- ['III sorry. Mr. Attorney, is a mere filing of a Chapter 11 reorganization the basis to cancel a contract? Ralph Diaz: If they declare bankruptcy, yes, sir. Commissioner 'Teeie: 1 second the motion to move it. Commissioner Regalado: I have it question for Ms. Carter. Ms. Carter: Yes. Commissioner Regalado: Why, besides this bankruptcy, which is not clear to .me, but what were the specific reasons, one two three, that you cancelled the contract? Ms. Carter: Yes, sir. Tt was not because of the bankruptcy, but because of two issues. The issues were one, that the vendor failed to perform in providing and delivering the products as had 186 September 13, 2001 been requested by the Police Department, and two, subject to the provisions of the contract, it required that the bidder, who was successful in this contract, secure a facility within the City of Miami. While we did not require that it be secured at the time of award, the expectation requirement would be that they would have one. The company did not, and continued not after several meetings with them in regards -- Commissioner Winton: Over what period of time? Ms. Carter: Six month period. Now we're in six-month period. So, it was those reasons, Commissioner. And you must keep in mind that the reason that we had that provision, as it relates to location, was based Upon a direction of this City Commission, who said we do not want police officers to go outside of the City of Miami on City business to pick up uniforms and to pick up accessories. So we required in this new bid to have that provision. Again, I thought was flexible in not requiring at the time of bid, but 1 certainly expected that they would have it earlier than six months. Commissioner Regalado: All right. Commissioner Teele: Call the question. Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state it by saying "ayc"' The Commission (Collectively): Aye. 'fhe following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-925 A RESOLU'rION OF T171C MIAMI CITY COMMISSION RESCINDING THE CONTRACT AWARDED PURSUANTTO RESOLUTION NO, 00-105 5 TO ANDER POLICE SUPPLY FOR Ti -IE PROCUREMENT OF UNIFORM ACCESSORIES FOR TiiE POLICE: DEPARTMENT, FOR FAILURE TO TIMELY SUPPLY AND DELIVER THE UNIFORM ACCESSORIES TO THE DEPARTMENT AND TO PROVIDE A LOCAL STOREFRONT SERVICE FACILI'T'Y WITHIN T14E C1'I'Y OF MiAMI, AS REQUIRED UNDER TiIE TERMIS AND CONDITIONS OFTHE, CONTRACT, 187 September 13, 2001 (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 Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: Drone. ABSEN'T: None. Commissioner Tecic: Mr. Chairman, just for the record, I think we really have got to --I have -- 1 strongly support a local bid off set of five percent, two percent, three percent, but, you know, we really got to think a little bit more globally. I mean, to require somebody to move into the City -- I mean, you know, we're not talking about a twenty million dollar ($20,000,000) a year contract, are we or ten million dollar ($10,000,000) a year? I mean, I would hope that we will think a little bit more about: our community, and not just strictly about the borders of the City of Miami. And while I strongly support a preference for local bidders -- in other words, you know, three percent discount of the off set or whatever -- Vice Chairman Gort: Ten percent. Commissioner Teele: Is it 10 percent? Vice Chairman Gort: Ten percent. Ms. Carter: Ten percent. C onuni s sioner Teele: That's very high. But in any event, l strongly -- Commissioner Winton: (INAUDIBLE) Ms. Carter: But now, keep in mind, sir, they have to match this contract, We are not giving them an additional 10 percent. It is the means by which -- Commissioner Tccle: No, no. No, I'm not talking -- I'm talking about policy now. Ms. Cartel-: OK, Commissioner Teele: I'm just simply saying, 1 used to hear from this City all the time about I want everything in the City, and that's -- we've got to think a little bit more regionally -- when I say regionally, I'm talking about within Dade County. I'm not really talking about regionally yet. 188 September 13, 2001 • And -- I mean, you laiow, whether it's in El Portal or in Coral Gables -- i mean, you know, what percentage of the police officers live in this City? I mean, let's be realistic. I guarantee you, 50 percent of the police don't live in the City of Miami. Is that a fair statement, chief -- Commissioner Sanchez: Probably about 80 percent don't live in the City. Commissioner Teele: But I'm being fair. I mean, I'm trying to be open minded about this. Raul Martinez (Chief of Police): That's correct, Commissioner. But let me say something about this specific contract. This specific contract -- Commissioner Teele: I don't want to really talk about this. I'm just simply saying, we need to be a little -- I've heard the rhetoric from this Commission for seven, eight, 10 years about I want to buy from a Miami business. And all that I'm saying is, I do, too. But we want to bet the best deal for the public and the taxpayers, and I really don't care if the uniforms come from Hialeah or from Coral Gables, if it's a better financial deal for the residents of this community. And I just think we need to be very careful about -- I mean, the discounts are -- what do you call them'? The 10 percent or the three percent for local business preferences, I'm one hundred percent for it. But if a local business has that, then we should eliminate -- because we're in this big thing about the printing press had to have a service office in Miami. I mean, you know, just -- they sound good on paper, but the Net of the matter is, who's servicing the sheens now? I mean, you swap them out and you move on, and that's it. So, all that I'm saying is, as a matter of policy, I'd like to be very careful. I would like to be very aggressive, as one person, on the local preferences, local preferences, but after that, it's every man and woman for Himself, I think, and we ought to not have so many things that restrict commerce and trade between our communities. That's just my preference. Is this bid protest going to be a big deal today? Ms. Carter: That depends on Mr. Fcrro. Vice Chairman Gort: No. Thirty-eight. This is a -- Commissioner Winton: Depends on your vote. Ms. Carter: This is a separate -- Vice Chairman Gort: This is the item 38 coming tip now. Ms. Carter: Yeah, that's 38. This is -- 37 simply speaks toward Vice Chairman Gort: We've passed 37 already. Ms. Carter: -- the recision of the old contract. 189 September 13, 2001 59. APP$OVE CHIEF PROCUREMENT OFFICER'S D$CSION TO R'EJECT PROTEST OF MART N! I'LAMAA ijNIFORA1NC, '1N CONNEC IO�T V4'ITH BID NO,Q0=01. Commissioner Teele: 1: move Item 33, moving the Chief }Procurement Officer's decision to reject the protest. Commissioner Winton: Second, Vice Chairman Gort: It's been moved and second. Discussion. Commissioner Regalado: What we're doing now? We're rejecting the protest -- Vice Chairman Gort: Judy, why don't you explain the -- Ms. Carter: Yes. Let me -- well, I would -- I'm going to defer to them at this time. Commissioner Tecic: We're rescinding the previous contract -- Ms. Carter: We're rescinding the contract, which you have approved. Now, we are now to deal with the protest that has been filed by Greenberg and Traurig in behalf of Martin Lamar, who is the second low bidder for this particular contract, and I'm going to defer to Mr. Ferro, I'd like for him to go. Commissioner Regalado: But before that, Judy, i have a question. Ms. Carter: Absolutely. Commissioner Regalado: Why is it that you decided to go from one to third and skip second? Ms. Carter: OK. Because we have considered and accepted Harrison Uniforms as a vendor located within the City of Miami, and we submitted a letter to Harrison asking would they accept each of those items prices -- and, believe me, there are numerous items on that contract-- at the second low bidder amount of Martin Lamar, and they have agreed. Now, the Commission must consider that for purposes of award, which is the third item after this protest. Commissioner Regalado: Yeah. But you're still -- haven't answered my question, Ms. Carter: Q.K. Commissioner Regalado: So, what you're saying is that Lamar does not have an office in the City of Miami'? Ms, Carter: That is my position. And you -- and this is what you're going to hear right now. That is what this protest is about. Their claim would be two things. One, that ilarrison is not a vendor located within the City, pursuant to the provisions of the City code, And their second assertion is that, if fact, if that is the case, then their particular trailer, which is located in the 190 September 13, 2001 Police Department's property, should be considered a business located in the City of Miami also. 'Mose are the issues. Commissioner Regalado: So, what we have to define here is, if a trailer is an office? Ms. Carter: Yes, I would imagine, yes. That would be one of the things that you would do. Commissioner Regalado: No. One of the things, no. Ms. Carter: No. It would be -- Commissioner Regalado: The major -- the main thing, because you -- Ms. Carter: OK. Commissioner Regalado: You decided because of the office solely, right? GUIs. Carter: Yes. Commissioner Regalado: OK. Commissioner Sanchez: Ms. Carter, whoever has an office in the City, whoever it may be, they will provide us with the proper document showing that they do have an office in the City? You will present that evidence to us? Ms. Carter: Well, 1 don't -- I'm not sure what Mr. Ferro will be presenting, but 1 will be in the position to ,how you that, in fact, llarrison Uniforms, located on 38th Street and North Miami Avenue, is a 5500 square foot building that is manned by six employees, two of whom are local residents of the City of Miami; that they had this particular facility before this contract was awarded. Commissioner Sanchez: And you will present that evidence to us? Ms. Carter: And I will present that. In fact, I'm almost presenting it now. Vice Chairman Gort: It's all yours. Simon Ferro: Good morning. Thank you, Judy. Members of the board, Simon Ferro, Greenberg Traurig, we represent Martin's Lamar Uniform, and we did file a protest over the actions of the -- the proposed actions to give this contract to Harrison Unifon-n. First of all, I'd like to say and reinforce the fact that, as Judy said, we did -- we were the second lowest bidder in this hid. Anders, which -- you terminated in the contract in the last item, was the lowest bidder. We were the second lowest bidder. The code -- ,your code, which is section 1.879-1-1, basically says that any contracts awarded shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder, provided, however, that when the lowest responsible and responsive bidder is a non -local vendor, the City Commission may offer to a responsible and 191 September 13, 2001 • 0 responsive bidder, whose primary office is located in the City, commencing with the lowest responsible and local bidder, the opportunity accepting a contract, at the bid that we had. So -- Commissioner Teele: Keep reading. Keep reading. Mr. Ferro: Provided that the original bid from the local vendor does not exceed 110 percent of the low bid. The decision of the City Commission shall be Final. All contracts shall be approved as to form and correctness by the City Attorney, and a copy shall be filed with the City Clerk. Vice Chairman Gort: (INAUDIBLE). Commissioner Teele: Thank you. Mr. Ferro: The first page you sec before you is actually a copy of the bid. And as you can see in section 2.29, Local Preference, it basically paraphrases what you have here. Now, you will see that -- where it says, "whose primary office is located in the City of Miami." "Primary" was underlined. That is not our emphasis. That is the contract of the bid's emphasis. We did not underline primary. "Primary" is underlined by (lie Purchasing Department, In the code and in this bid document, the term "primary office" is not defined. The term "non -local vendor" is not defined. Those terms arc not defined anywhere in your code, whether in this chapter or in other chapters. There's no other term similar to this that is defined. Normally, when that occurs, you go to the normal usage, common day usage, of what a term is in order to determine what it applies to. So, I went and looked up at Roget's Thesaurus, and basically "primary" means or says — or you can sN nonym with prime, initial, first, primitive, original, chief or principal. Our -- the basis of our protest is very simple. We have an outlet -- we have a trailer in the City of Miami that services a contract with the Police Department. It's located in the headquarters of the Police Department. Basically to comply with Judy's requirement that people not have to go outside the City limits to get their uniforms. So, we do believe that we have that presence and we have the ability to deliver the goods within the City of Miami. But we also believe that the term "primary Office" cannot, under any circumstances, apply to the company, the third bidder, the third lowest bidder, the company that got -- that is being proposed for the contract, and I'll tell you why. Harrison Uniform Company -- and this is a copy of a Florida corporate information sheet you can load off the Internet. You hook into the secretary of state court - vision of corporations, and you can pull up a copy of each company's flings. And, as you can see -- and there's a copy of this in the information I gave out. The principal address for Harrison Uniform Company is 4545 Nausberry Road, Cincinnati, Ohio. Harrison also has three or four other offices in the state of Florida. Harrison, as you will see also in the information I gave out -- and if you turn to the sign - in sheet of the mandatory prebid conference, the first name that appears is Harrison Uniform, and then right under Harrison, there's a name called Fetcheimer. Now, Fetchcimer is a major U.S. Company. It's located at the same address, 4535 Nausber•ry Road, in Ohio, and it's owned -- it's basically Fetch Meyer Brothers. ]~etch Meyer Brothers -- if you turn to the last page, you will see a sheet that says Butcher Hathaway, and about halfway down, on the left hand side, you've got Fetch Meyer Brothers Company. Burclishire Hatthaway is owned by Warren Buffet. So, basically, what we've done, by using this somewhat clastic definition for primary office is given Waren Buffet a local preference to sell uniforrns in the City of Miami. Now, I have absolutely no problem with that happening. But at a minimum, I think he should come and ask for it 192 September 13, 2001 hintself. And I've never seen Mr. Buffet stand before this podium and ask for that kind of local preference consideration. I believe that you have to give ten -ns if they're not defined -- and this may be a ,good reason to modify your code or modify your hid documents, and specifically define what you mean by "primary office." If all it means is a regular office, then by all means, say it's a regular office. What I don't believe you want is a floating definition so that every time this issue comes tip, you've got to decide whether an office is a primary office or not. A primary office is not a better office than mina A priniary office is -- Commissioner Regalado: Excuse me. Primary office is a headquarters. Mr. Ferro: Is a headquarters. Commissioner Regalado: It has to be a headquarters, because, if not, it would be a secondary office ora satellite office. Mr. Ferro: I agree, Commissioner. And the -- 1 would also like to point out that the company that I represent, Martin's. Lamar Uniforms, is wholly owned by Superior Uniform Group, Inc., whose principal office is also, by the way, not within the City of Miami, but it is within the state of Florida.. And if you look at the second document that you have before you, you will sec that the principal address for Superior Uniform is in Seminole, rlorida. So, what you're doing by using this real elastic cicliniiion of primary office is giving Warren Buffet, who -- you know, who probably doesn't need that kind of help, a local vendor privilege and denying it to a Florida company. And T just want to, you know, keep this argument to a very basic level, which, I think, in common sense level, again, if the definition of primary office is something other than what the common use verbiage and meaning of that term is, since it is not defined, then T do believe that you'll have the authority to amend the code and amend bid documents in the future. But I do believe that it will be completely unfair for the contract to go to the third place finisher, when the second place finisher, who became the first place and the lowest bidder, is as deserving or more deserving than the third place company. And, again, I would ask your consideration of the fact that, if we don't have a primary office, with all due respect, neither does Harrison, and that being the case, then Martin's Lamar Uniform still is due the award of that contract, i'll be happy to answer any questions. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Thank you, Yes, sir. Commissioner Teele: 'thank you. Mr. Ambassador, you said you were going (o keep this simple, You've clone a magnificent job of totally confusing this issue, and I commend you. Mr. Ferro: Well, it was not my intention Commissioner Tecle: Oh, I think it was. But 1 think you're representing your client very well, and i -- I'm really happy that you're here before us, and we hope that you'll be before us a great deal in the Future, because you really serve this community well. 193 September 13, 2001 Mr. Ferro: Thank: you. Appreciate it. Commissioner Teele: And it's -- Commissioner Winton: On more significant issues. Commissioner Tecle: On more significant issues. And, I nrcan, i -- when I see you, I really do think this is a great country, in all seriousness, to see a man so young, who has been presented before the United States Senate, and confirmed and has gone on to serve as United States Ambassador, and I think it's just wonderful that you're here with us today. Mr. Ferro: Thank you, Commissioner. Commissioner Teele: But, Mr. Master, let me just ask this candidly. Are you suggesting that the primary office versus head quarters office is a fair kind of distinction, when it's very clear that what we're talking about is a primary office versus a nonfunctional office? Every time we've awarded sett asides or -- I'm sorry, preferences based upon car dealers, God knows where every car dealer is headquartered, but the real issue that we've tried to deal with is jobs. That's what we're talking about, is jobs. So, I mean, we can talk about headquarters, satellite, primary, district office, regional office, and, you know -- you know, Mr. Buffet, I'm delighted to know that he has investments here. I appreciate you pointing that out. By the way, are they trading on the stock market? But in any event -- Vice Chairman Gort: (INAUDIBLE). Commissioner Tecle: In any event, isn't the real issue here whether or not it's a primary office and not necessarily the only -- because you've made -- at least one of my colleagues seems to agree with you, that the primary office has to be the headquarters office. And to me, the headquarters office could very well be in Bermuda. In fact, the largest and most aggressive company in this town right now, Tyco, their offices are in Bermuda. But the question is, what are those operating companies'? Are they functional office -- I agree with you. The language at this point probably needs to be revised to something more like a functional office or -- but are you all representing that you have in occupational permit %%--vith that trailer? Is that your presentation? And that you all have a license for that location? Mr. Ferro: We operate out of that trailer. Commissioner Teele: So you have an occupational permit with the City of Miami? Mr. Ferro: Yes, sir. Commissioner Tecle: You pay the licenses with the City of Miami for that location? But you have employees in that location. How many employees are you prepared to put on the record that you have in that location? 194 September 13, 2001 Mr. Ferro: We have one person who is there all the time. Commissioner Teele: So you're willing to stipulate pretty much that none of the work is going to be done at that location, in ternis of the manufacturing? I'm not at all disputing the customer service -- Mr. Ferro: I don't believe in manufacturing well, I -- I'd like to introduce Steve Stidham, who is one of the vice presidents with Martin's Lamar. Commissioner Teele: Right. Steve Stidham: Yes, sir, Commissioner Teele, that's right, there's no manufacturing done at that location. However, there's no manufacturing done at the Ha1Tis011 location either. All of that manufacturing is done in Cincinnati from their company. And we do employ eight to 10 Miami residents in our 20 employees in Dada -- Commissioner Toole: And where is that location, where those people are working out of? Mr. Stidham: That's on 46th Street. I'm sorry. Ms. Carter: Seventy -Second Avenue, Mr. Stidham: It's 72nd Avenue. I've just moved to Tampa, forgot where we are. Coin missioncr Toole: Seventy -Second Avenue? Mr, Stidliam: Correct. Out by the aiq)ort. Ms. Carter: Which is Dada County. Commissioner Winton: You ought to be thinking about moving that. Mr. Stidham: I'm sorry? Commissioner Sanchez: The trailer? Commissioner Winton: No. The trailer, you ought to get rid of the trailer and move the business to Miami. Vice Chairman Gort: Lame ask you a question. If'you -- Mr. Stidham: Commissioner, if I may address -- Vice Chairman Gort: Commissioner Toole, are you finished? Commissioner Teele: Not really, but lot me just say this. 195 September 13, 2001 Vice Chairman Gort: Go ahead. Go ahead. Commissioner Tecle: I really do think that, you know, if you look at the way we have applied this in the past -- you have to look at. how we've applied it -- we don't look at where the corporate headquarters of Maroone Chevrolet is or where the corporate headquarters of somebody's Oldsmobile is when we're buying this. We look at whether or not -- Commissioner Winton: Or a paint manufacturer. Commissioner Teele: Or a -- Commissioner Winton: Or a paint manufacturer. Anything else. Commissioner Teele: Or where the cars are manufactured. We look at where the point of sale is, and whether or not it's a real functional office versus whether or not it's a sham office, and that's -- what we don't want to do is start awarding to trailers, to be very candid with you. I mean, that would be a great argument, but that would be the worst result that we could do. Because then we would have set the precedent that to be a primary office, all you've got to do -- Vice Chairman Gort: Have a trailer. BMs. Carter: Have a trailer. Commissioner Teele: -- is have a trailer. Otherwise, we may as well repeal our local preference, which I don't really mind revisiting. I said that from the beginning. But as long as we have it on the books, you're not really arguing that we're going to lose money by -- that we're going to give up money by awarding to Harrison versus to your client, are you? Ms. Carter: No. In this -- no, sir. The provision is clear, that the local vendor would have to accept, line by line, that price that was proposed by the second low bidder, in this instance, Martin's Lamar. We have a letter -- Commissioner 'reele: Mr. Chairman, may I just ask directly, how many employees at the location, at (lie location. that you're talking about now, how many employees do we have? Ms. Carter: Well, if you don't mind, we have the manager of that particular company here; Elizabeth Cowin, who will be more than happy to ask (lie questions, and you'll know they'll be forthcoming. Elizabeth Cowin: Not including myself -- Commissioner Teele: Your name and address. Ms. Cowin: I'm sorry. Elizabeth Cowin, Harrison Uniforms, 3850 North Miami Avenue. I have six and a half employees, not including myself, at the present time, 196 September 13, 2001 0 • Commissioner Winton: How come you don't count yourself? Ms. Cowin: Pardon me? Commissioner Winton: Why don't you count yourself? You're an employee, aren't you? . Ms. Cowin: Well, including myself, i have seven and a half employees. There are seven and a half employees. Commissioner Tcelc: What's the value of this contract? Ms. Carter: We're talking about over the term of the contract, six hundred thousand - five to six hundred thousand Vice Chairman Gort: Six hundred. Ms. Carter: Another thing that i wanted to say, Commissioner, because you were definitely on point, which is why I made the decision that I did. '['his Commission, for which I truly supported, has in the past made that same position as it relates to previous contracts, One that i particularly relate is Abraham Chevrolet. You remember that back in 1998, the Commission, as well as at the advice of the Law Department, indicated that, in fact, the application of the 10 percent should be and we did do it, and front that point on, I. have applied it consistently in that same manner, in that same context, including such companies Home Depot:. Home Depot's office headquarters, as you want to call it, is not in the City of Miami, Commissioner Regalado, but I have made that preferential treatment to Home Depot, located on Southwest 8th Street. And the other thing that I wanted to make known to you is that -- Commissioner Regalado: But, Judy, I wasn't -- if you're telling us that it should be a policy of this Commission not to accept any offer or bid from any company who has a trailer or who has less than three or four employees, if this is a recommendation of a policy that we should adopt, that is fine. My question was that the whole issue here, that we have to deal, is decide whether or not a trailer is an office. Ms. Carter: And I agree -- Commissioner Regalado: Now, let me finish. Ms. Carter: Yes, sir. Coinmissiotier Regalado: If you're going to make the decisions of what is and what isnot, what -- how many employees should a contract be awarded for, then tell us and then we'll make a policy saying whatever the Purchasing Department says that is a local preference. But what I'm questioning is the fact that you decide -- and mind you, Anthony Abraham cannot be taken as an example because that's a huge building and office, and 1-Iome Depot is a huge entity. And we directed you to go to the Home Depot in the City of Miami, as we directed the Manager to buy, 197 September 13, 2001 whenever this is a hurricane, the food in the City of Miami and not go to Tony Romas outside of the City. So, I need for you to tell me that a trailer is not an office. If you convince me that a trailer is not an office -- we had a NET (Neighborhood enhancement Team) Office in Shenandoah for 10 years on a trailer, until we got a office on a house, a tormer fire house. So, it' you're prepared to legally say that a trailer is not an office, I would accept that. If not, I'm going to vote no. Simple as that. Ms. Corwin: May I say something? Commissioner Winton: Mr. Chairman. Vice Chairman Gorl: Yes. Go ahead. Commissioner Winton. Commissioner Winton: This is real simple for me. '['here's no -- this isn't difficult. Under no circumstance is a trailer, that's parked on City owned land, an office, in my mind ever. It's on City -owned land. Their office building is on private property, that pays real estate taxes, pays fire fee, pays all these other goofy fees we have all over this City, that all the commercial property owners have to pay, and they pay none of them. it's a no-brainer, point one. Point two is that even if there was some sense in my mind that maybe this trailer could qualify as an office, but it doesn't at all in my mind -- 1 wouldn't overturn the staffs recommendation under any circumstance, as niuch as I like Simon, because 1 don't waist to sit through Commission meeting after Commission meeting alter Commission meeting, where vendors go out and hire attorneys that conic and protest the recommendation of the City staff, so that we -- our Commission meetings are already -- we're good enough if they last to 3 a.m., and we don't have all the County Commission kind of stuff; where you've got all these people flooding in here. So, I would -- this is real simple for me I want to send aloud and clear signal. Unless it's something really dramatic, wouldn't be spending; lots of money vendors out there hiring; all these expensive attorneys to come before the City Commission, because it's going to be -- I'm going to be hard pressed to yes to any of those appeals, because I don't want to have to deal with it. So, it better be something really egregious before I'm going to consider it at all. So, it's simple for mc. A trailer doesn't add any value. I'm done. Commissioner Teele: Before-- would you -- would you yield. On that point -- because I don't like making these things parochial at all. But let's just put on the record -- because this is really what, to me, the essence -- there's only one reason to have an ordinance like this, and that is, you're either trying to create jobs or you're trying to support your tax base. Vice Chairman Gort: That's it. Commissioner Teele: I mean, now - you know, 1 can't think: of another public policy reason to do this. Now, what has not been put on the record -- what is the address of your location? Ms. Cowin: Thirty -Eight Fifty North Miami Avenue, Commissioner Teele: And that area is normally known as what? 198 September 13, 2001 0 0 Ms. Cowin: it's the design district. Commissioner Teel c: OK. The design district, which I have happen to have a pocket item, to take money out of my office budget - and ]'ill borrowing money from everybody's budget. So, you know, if I'm going to take the money from my office budget, there's no money telt to give the design district a weekend without parking, because we can't work this problem out for this big design district weekend coming up, because the parking -- Off Street Parking, you know, is - - the -- to cover the meters, in effect. Because the design district is hurting so had -- it's one of the areas in our community that's really hulling. Now, do you own the building or do you rent? You rent. And who is your landlord? Who's -- Ms. Cowin: My landlord Dak Realty. Commissioner Teele: So, they're the owners of (lie building? Ms. Cowin: Yes. Commissioner 'Ceele: So, i mean, here you have a case where you've got people investing in the community, paying property takes, paying the fire fee, paying the -- Commissioner Winton: Supplemental waste fee. Commissioner Teele: -- the supplemental waste fee. Paying all of these taxes, fees, et cetera, and I don't like the language, And quite candidly, I think we may go too far in this. And 1 think we need to, Mr. Attorney, change the language from primary office to a property -- I mean, a local office, with a minimum of certain number of employees, that's in compliance with everything. A compliant office that's paying the fire fee, paying the various solid waste fees, supplemental fee, and all of the other things that we have here. But there doesn't -- it stands logic on its head, notwithstanding that we have a brilliant argument being presented here -- and I respect you, Commissioner Regalado -- if we're not going to support the local business, if we have it there in the statute -- in the -- this isn't something that we're just creating for this vendor. It's something we apply across the board. And I'm in agreement with Commissioner Winton. If we start entertaining a lot of legalistic protests, trust me, we will follow the path of Dade County, where this are more Gucci -wearing lawyers looking to make an arcane, technical bid for -- and I don't mean any offense to the present company. Commissioner Winton: Because he does not have Gucci shoes on. I already checked. Commissioner Teele: He doesn't have on -- looking tar these technical arguments, because it's very clear. We're talking about a functional office, and an office that has some public benefit, And, so, I respect my colleague's rights to disagree, but I think you need to think about the. results, If the result is to afford people with a trailer the right to park a trailer and have a -- call it a primary office, then we're going to be here, at every turn, with everybody with a trailer, and that's what's going to happen. So, I just tliiilk we need to try to keep a steady hand oil this. The language isn't beautiful, but we need to at least, on a close issue, give the deference to the City staff. 199 September 13, 1.001 0 Commissioner Sancliez: Call the question. Commissioner Regalado: look, I just want to say something. Vice Chairman Gort: We haven't made a motion yet. Commissioner Winton: We did make a motion or not? Vice Chainnan Gort: We did? Commissioner Regalado: Mr. Chairman. Commissioner Sanchez: Yeah, we did. Commissioner Regalado: Mr. Chairman. Commissioner Winton: Then I'll -- • Commissioner Sanchez: First and second. (INAUDIBLE) discussion. Commissioner Regalado: I am ready to also participate in whatever funds you need for this weekend, because the design district -- Coconut Grove, downtown -- belongs to the rive of us, because it's our responsibility. These are the three engines, like downtown Bayside, design district and Coconut Grove. So, we have to participate. 'rhat is not your problem only, Art, although it's in your district. It's our problem. Commissioner Winton: Absolutely right. Commissioner Regalado: But what I'm -- my problem is a philosophical one. 1 just don't like to accept things that don't make sense. And if you -- and what I stated. If you tell us, you know, Commissioners, I think that you should change no trailers ever, that a primary -- that we need and office, because a primary office, to mc, is a headquarter. Primary is primary. Secondary is a satellite office. In the airport, you have the primary, your terminal, and then you have satellite terminals, which is the secondary and third and fourth. So, my problem is that the staff, at least, should have the time to explain to us something like this. It came with a back up material, which 1 read, but no one from the staff came to me, but you know what? Whenever you do that, I'm going to give you a hard time, like today. And, you know, it's up to you. It's either you explain or I give you a hard time. Ms. Carter: And 1 -- Commissioner Regalado: Simple as that, because, you know, 1 am responsible, not to you. You're not my boss. i have 89,000 bosses, my residents in the district that 1 represent. And I want to be clear to them, and I want them to understand that I understand the issues. So, you know, just go ahead and get rid of a primary and just say an office. 200 September 13, 2001 Ms. Carter: 1 appreciate that, Commissioner, and you are correct, I did not, as I normally do, come and sit with each of you all. But I'm afraid that because of the issues regarding what happened and we're closing down, 1 just didn't do it, and I apologize. But I am not prepared to say that a trailer, that is located on City property -- and the only reason that it is there, because of a contract that required it to be there, l will never and could never support the decision that it should be a primary -- it should be a local vendor. Vice Chairman Gort: Lel me ask you a question. Let me ask a question. I'm sorry. I'm the only one that hasn't spoken here today. Commissioner Sanchez: No, no, no, I'm the one that hasn't spoken on this issue. Vice Chairman Gori: Question. Question. Ms. Carter: Yes, sir. Vice Chairman Gort: And correct me if fm wrong, but way back we had a contract with someone with uniform, and 1 recall the question was asked, are you going to open up an office in Miami? And I don't know if this is the same firm. Ms. Carter: Yes, Vice Chainnan Gort: They made a commitment, and they promised that they were going to open an office. And i think, partially, we allowed them to have a trailer, when they were looking for a location to open an office. Ms. Carter: Right. And they never did get it. Vice Chainnan Gort: Am I correct? And they never did. OK. 'thank you. Ms. Carter: And they never did get the office. They continued to have the trailer. Vice Chairman Gort: OK. Commissioner Winton: I would -- Vice Chairman Gort: By the way, you did an excellent job in presenting your argument, and you did very good, but when you sat with me, I said consult with your clients, because I think they made a commitment, that they were going to open up an office. Commissioner Winton: Move to accept staffs recommendation. Commissioner Teele: Second, Vice Chairman Gort: Any further discussion? 201 September 13, 2001 Commissioner Winton: Call the question. Vice Chairman Gort: Being none, all in favor state it by saying "aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLU'T'ION NO. 0 1 -926 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF MARTIN'S LAMAR UNIFORMS, INC. AND HER DETERMINATION THAT THE I'RO'rES'r HAS NO MERIT IN CONNECTION WITH BID NO. 00-01.23, FOR THE PURCHASE OF UNIFORM ACCESSORIES FOR THE DEPARTMENT. (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 Wifrcdo Gort Commissioner Tomas Rcgalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Thank you. Commissioner Sanchez: Mr. -- Simone, I admire your professionalism. Commissioner Regalado: "No" vote. Mr. Ferro: Thank you, Commissioner. Commissioner Sanchez: You're welcome. 202 September 13, 2001 I j 60. (A) ACCEPT -BIP' Or HARRMSON UNIFORM -9 FOR PROCUREMENT ,Qk, UNIFCRM E,OACCESSORTEORPARTM-13OLIFWO :; 1'EA<RS9' $537;536:79, ANNUAL � MOUNT NOT , T4 E3 CEE $3j %9 6-28 02; ALLOCA-TE >hUNI)S�FA.�'1lvi`Pq - CE GENERAL OPERA ING )E3 iDGET , k J S 2V.1' 4a1 1 (B);," BRIEF STATEM>(aNTS B ' t;CQMMiSSIONLR T9,,EL E ON., + sCTL1IJ PION ''I3i' DIRECTOR,OF DOSPsIGARDING:[JPCOlYI1NG BUSINESS HrZARRE EVENT `. Commissioner Teele: Move the following item to award to -- what's that item? Commissioner Winton: Second. Ralph Diaz: Mr. Chairman, Just want to point Orlt -- Vice Chairman Gort: Thirty -nines Mr. Diaz: -- for the record that the next item is an error. It's not a two-year contract, but it will be the remainder of the contract, which is about a year and a lialf. Commissioner Sanchez: VArell, as amended by -- Commissioncr'1'eele: As amended. Commissioner Sanchez: As amended. Commissioner Winton: Second, Vice Chairman Gort: OK. It's been moved and second. Any discussion. Being none, all in favor state it: by saying "aye," The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-927 A MOTION ACCEPTING BID OF HARRISON UNIFORMS (NON - MINORITY LOCAL VENDOR, 3850 N. MIAMI AVENUE, MIAMI, FLORIDA) TI•IE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF UNIFORM ACCESSORIES FOR THE DEPARTMENT OF POLICE, ON A CONTRACT BASIS, FOR A PERIOD OF TWO YEARS, IN AN AMOUNT NOT 'I'O EXCEED $537,536.79, WITH THE OPTION TO RENEW FORTWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $369,628,02, SUBJECT TO A 6% INCREASE; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO, 001000.290201.6.075. 203 September 13, 2001 Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gorr Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur L. TCCIC, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT': None. Vice Chairman Gort: By the way, Art, 1 might be able to give you sonic money, too. l have some surplus. Commissioner Winton: Oh, let's -- can we go back to this issue on parking? Commissioner Teele: Yeah, .1 just stepped outside and talked to the parking czar, Mr. Noriega, and lie's corning tip with a different solation, and lie's going to address positively this weekend -- I think it's -- it's not this weekend. 1 think it's next weekend, 21st, 22nd -- 22nd, 23rd, where the businesses, under the leadership of Cay Car (phonetic) and others, are going to have a big bizarre and they're going to bring people in to -- Commissioner Winton: See, and I want to repeat. This issue is absolutely no different than the issue 1 discussed about Coconut Grove earlier. It's the same exact issue. And I'm telling you, you can price yourself out of business. There are plenty of times when we ought to look at and try, on a test basis, a number of times throughout the year in different areas, in where you do something different, whether it's no charge or• something else. We need that kind of marketing process. Commissioner Teele: Yes. Mr. Chairman -- Lieutenant McQueen, Mr. Noriega is out there. lie's trying to find you right now. And they are going to work that matter out with the businesses there for that weekend. And thank you for your cooperation. But if you could sec him, please. Mr. Chairman, if I could -- Vice Chairman Gort: Can we get item 39 out of the way? Commissioner 1'eele: I Yes, sir. So moved, Mr. Chairman. Vice Chairman Gort: "!'here's a motion. is there a second? Commissioner Sanchez: Second. Commissioner Winton: Second. 204 September 13, 2001 • Vice Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively): Aye. Commissioner Sanchez: As amended. The .following resolution was introduced by Commissioner Tecle, who moved its adoption: RESOLUTION NO. 01-928 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING.131D OF HARRISON UNIFORMS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, AND AWARDING A CONTRACT FOR THE PROCUREMENTOF UNIFORM ACCESSORIES FOR THE DEPARTMENT OF POLICE, FOR THE UNEXPIRED PERIOD OF TIME REMAINING ON THE CONTRACT AWARD RESCINDED FROM ANDER POLICE SUPPLY, WHICH CONTRACT AWARD WAS :MADE? PURSUANT TO RESOLUTION NO. 00- 1055, ADOPTED DECEMBER 14, 2000, 1N AN AMOUNT NOT TO EXCEED $537,536.79, WITH. THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $369,628.02, SIJBJECT "1'0 A 6 PERCENT INCREASE; ALLOCATING FUNDS FROM THE POLICE, GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.075. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chaimian Wifredo Gort Commissioner Tomas Regalado Com ni i ssio tier Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Nonc. 205 September 13, 2001 � 61. Bl�:IBE `COMMENTS BY TEELE - . ON NIXED TO ; IIV1hROVE LEVEL OF' CO�CTIQIv AETWEEN IV>�ANAGEM$T'' AND aCQMMISSIOIY, BALL , FNE; COIS�IQIV�R�'S'�QtTID'HAVEA�C�S�.�O S�►.I!'.1��'�II�FO:.�'','.'TIO�,.:. - ;�t'-. - .. Commissioner Tecle: Mr. Chairman, I think there was one point that I want to be on record on - - and, Commissioner Regalado, I want you to hear it -- I think the Manager has done an excellent job, at least, of keeping the Commission informed and I take to heart -- Commissioner, I really would like for you to hear this. I take to heart any Commissioner who feels that they're not being kept informed by staff, because he's not punishing staff. You're punishing all of us. So, it's not just a staff issue. It's a Commission issue, too. So, I mean -- Commissioner Regalado: Yeah. But, Art, that's the only way you get results. Commissioner Teele, Well, -- and I hear you. But the point I want to make is, there was a press. conference held, and I was invited by the Manager's staff. Unfortunately, i had something to do. Commissioner Regalado: I wasn't. Commissioner Teele: Apparently, some people weren't or whatever. And I just think it's -- as we get ready to enter into this unique 60 -day period, we really need to work to be courteous to each other. I'm talking about the management and the Commission. And, chip, and Mr. Manager, I think you all are doing a very good job of trying to increase the level of communication. But I know I'm speaking for everybody here. It's important that all five Commissioners be given access to all of the information, whether our schedules allow it is a different matter. And I really wanted to respond because I do take offense if Commissioner Regalado was not given the opportunity 1br a briefing. I was given the opportunity. .1 declined. Somebody oil my staff took the briefing. But I appreciate on this matter that just passed. Vice Chairman Gart: OK, 206 September 13, 2001 0 • 62. AUTHORIZE CITY ATTORNEY °TO' "JSSUF-, REQV-ST='FOR QUALIFICATTQNS TO,:,': ESTABLISH :LIST. OF LAW .FIRMS, QUALIFIED. T4 PROytA BO1�TD .COUNSEL SERVICES Vice Chairman Gort: Item 40. Cornmissioner Regalado: I wasn't called. Commissioner Teele: I would move (lie item. Commissioner Winton: Second. Commissioner Teele: Mr. Chairman, Vice Chairman Gort: It's been moved and second. Any discussion, Item 40. Commissioner Teele: I would like to amend this item. Commissioner Regal ado: To the press conference, I wasn't called. Carlos Gimcnez (City Manager): Commissioner, your staff was informed. We couldn't get a hold of (INAUDIBLE), Commissioner Regalado: Carlos, you closed down -- you closed down City Hall. I talked to Chip Iglesias on my cell and you on my cell or my home many times, and I thank you because you call meat my home late at night and all that. You closed City Hall. So, I wasn't informed. I don't know who you called, But I think it's a matter of such importance -- yesterday I spoke to Chip at 7:30 P.M. about some branches that we need to trim. I would think that a press conference is -- Mr. Gimenez: Commissioner, my Chief of Staff made every effort to call you, and your staff was informed about the press conference. I'm sorry that the word didn't get to you. It was short notice. But I made every effort to make sure everybody on this Commission luiew about that press conference. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Item 40. Commissioner Tecle: I accept -- Mr. Chairman, on Item 40, we have -- 1 would like to make an amendment. I've not discussed this with you, Mr, Attorney. I apologize, and I intended to, but we kept getting sidetracked. One of the things that we're getting ready to start doing is having bonds being issued. Under the Oversight Board agreement, we pretty much agreed not to issue bonds. And, so, this hasn't been an issue, The four years that I've been here this November, we have not issued one bond. One of the things that I would like to guard against, to the extent that we can -- and I did not raise this on item number 23 when it came up, but I would have and 207 September 13, 2001 should have -- is, we need to try to keep our process as pure and as clear as possible. i would hope that on bond counsel, we can select from local firms, that is, not with the primary office, but a principal office, in the City of Miami, and fines that arc not lobbying before the City of Miami. I really do think that what we need to do is try to get away from and do the separation the same way we've done several other areas. We should have done that on bond -- on the underwriters as well, that they can't come back and do this and do that. But I would ask the City Attorney to consider a non -lobbying provision, that is, as relates to bond counsel Thcre's going to be plenty of room for the other firms. There's underwriter's counsel, there's -- you know, a series of other counsels that are involved. But I like to try to get firms that have an opportunity to get -- that are not lobbyists, that aren't down here all the time, that are strictly doing bond work. And, so, Mr. Attorney, 1 don't luiow if you deem that as something you'll take ander consideration. I'd lila to not make it an absolute. But that you'll give firms that do not lobby before the City of Mianii preference, as well as firms from the City of Miami? Alejandro Vilarello (City Attorney): Commissioner, if you wish to limit to that, then we would Put that in tite request for qualifications, We'd limit and exclude those firms. In terms -- Vice Chairman Gort: If they qualify. Mr. Vilarello: When they qualify. if you wish me to consider that as I do conflicts of interest at the time that we use those bond Counsels for particular issue, i can do it at that point. That is -- I'm comfortable either way with whatever the Commission wants to do. Commissioner Teele: How many firms do you expect to name as bond counsel? Mr. Vilarello: The last time the City did this -- and this is essentially the same that the -- tiie same way the City went through this process the last time. There was 10 firms that were pre- qualified. Commissioner Tecle: That's too many. Mr. Vilarello: I agree, I agree. Commissioner Teele: Well, that's too many. I mean, you know -- Mr. Vilarello: I think that there should be a limit in the neighborhood of four -- three or tour, maybe as many as five, so that I can deal with issues of conflict. And in the issue of public financing, sometimes -- Commissioner Teele: Well, let me do this. i would ask that you have at least one firm that does not practice as a lobbying, you know, generally before the City Commission. That's the way I would do it. And not preclude anybody else. Mr. Vilarello: That -- if that's the -- Commissioner Teele: As the amendment to the resolution -- the motion. 208 September 13, 2001 Mr. Vilarello: And can I ask the Commission to allow the to limit it to not more than five fir»s, pre -qualified? Commissioner Teele: I would accept that as an amendment, not more than five fines. The tiling that I don't want to give instructions on, because I've -- who is this guy, Fred Burns? Mr. Vilarello: I know Mr. Burns. Mr. Burns ctwst recently was a member of the review committee on the Watson Island RFP (Request for Proposal)/tJDP (Urban Development Project). Commissioner Teele: i've read the opinion of Stanley Marcus, a judge who I happen to think is one of the finest judges in the federal judiciary, who clearly should he considered for the supreme court at some tithe. And I was really concerned with his recent opinion, that basically says -- I think he cited a Georgia case that went tip before the 1 lth. circuit very recently and -•• Mr, taunts did, and I've not read the case, but basically, the opinion talks about minority preferences, and just says uniformly, that it's arbitrary and capricious, Judge Marcus does. I mean, I'd like to react that case that Mr. Bums is citing. taut, you know, somehow, I would like not to write it into this resolution, but ask that you give its a report on the diversity of each firm that you are recommending. I'm not asking -- I don't want to get into an issue of requiring something, but I think it will be instructive if you require that each firm at least disclose the diversity of the -- Mr. Vilarello: Tt is currently a requirement of the RJ P. No, I'm sorry. A requirement for them to disclose. Contntissioner Tcele: Well, I suggest -- Mr. Vilarello: No. I'm sorry. A requirement for them to disclose -- Commissioner Tecle: Disclose. Mr. Vilarello: -- their minority diversity membership. Commissioner Teele: .Including females, women, Mr, Vilarello: Yes. Vice Chairman Gort: OIC. '['here's a motion and a second. Any further discussion? Commissioner Sanchez: Second, Commissioner Teele: As amended. Commissioner Sanchez: Second, as amended. 209 September 13, 2001 Vice Chainnan Gort: As amended. Any further discussion? Being none, 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. 01-929 A RESOLUTION OF TL -IE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING TILE CITY ATTORNEY TO ISSUE A REQUEST FOR QUALIFICATIONS, IN SUBSTANTIALLY THE ATTACHED FORM, TO ESTABLISH A LIST COMPRISING NOT MORE THAN FIVE LAW FIRMS THAT DO NOT PERFORM LOBBYING SERVICES BEFORE THE CITY OF MIAMI AND QUALIFIED TO PROVIDE BOND COUNSEL SF,RVICES TO THE CITY OF MIAMI. (Here i'ollows 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 Gott Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None, ABSENT: None, 210 September 13, 2001 • • 63'. AUTHO9-2-E DIRECTOR �FTINANCE TO PAY—) LORENTINO:RE1MOs $10O,000 IhT C(7MPLETE S TTLEII�E 1'I' OE LL C) AINiS;�AND DEMANDS A�rA9.4ST`C'ITYAN. CASE.; Off' FLQ��1T�i0 %A�IOS, AS�'4E)�tSONAX�,REAR�$ENTpTNE O,P�ESTA'TF�rOF;`,�U'AI�A 1Vi: $EJERjt�1N0, DECEASED; UPON E�XBC,TIO��OF GE�1�tAL RELEASP, AL�.00ATE `. FCINDS�FROM SELF IINSUTt'AI�i'CE AND 1IV'SURAN'CE. TE>`�JST FUND- .:• .: - ; Vice Chairman Gort: Item 41. Coinmissioner Tee 1c: So moved, Mr. Chairman. Vice Chairman Gort: Settlement. Moved. Is there a second? Coin missioiler Sanchez: Second for the purpose of discussion. Vice Chairman Gort: Discussion. Commissioner Sanchez: Has the Fire Department sat down with the Legal Department? Alejandro Vilarello (City Attorney): Yes. Yes, we havc. And the Chief has directed that this issue be addressed again in training. It is part of their normal training procedures to address this issue, but Chief Bryson has indicated that lie would go ahead and retrain on this issue. Commissioner Sanchez: Chief, are you going to increase training to ensure that this doesn't happen again? I mean -- Chief Bryson: Absolutely. That was quite a while ago. And even since then, a long time before this even came to fruition, we had already changed things. Commissioner Sanchez: OK. Because we have to learn from our mistakes. Chief' Bryson: Absolutely. And that little mistake cost us a lot. Corrunlssloner Sanchez: Once again, you know, we have a great Fire Department -- OK. Vice Chairnian Gort: Thank you, Chief. Is there any further discussion? Being none, all in favor state it by saying "aye." 1'lie Commission (Collectively): Aye. 211 September 13, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-930 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTI-IORIlING THE DIRECTOR OF FINANCE TO PAY FLORENTINO - RAMOS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $100,000 IN FULL AND COMPLETE SET'T'LEMENT OF ANY AND ALT, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI IN T14E CASE OF FLORENTINO RAMOS, AS PERSONAL REPRESENTA'T'IVE OF THE ESTATE OF JUANA M. BEJERANO, DECEASED, CIRCUIT COURT CASE NO. 98-19200 CA (04), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.65 3. (Etre follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chainnan Wifredo Gori Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSHN'I': Commissioner Tomas Regulado 212 September 13, 2001 64, }RATIFY, :APPRAVE AND. COI�1 iRivli G'T`Y'S`z.FINDINCr OF EMERGENCY ;NAIVE REQUJREMENTS :FOR °COI�IPE"CITIVE= .58�►IEDIDDI)\1G PROC$DURE; ANA'. ALJTIO1'IvIANAGER TO ACCEPT BID OF SIiQRELINE FOUIVAA`TIOlaI, INC AOR'. �� FROM'C; ENTITLED _ WATSON ISLAND Y. BQAT RAMP I1ViPRQY]QIvIF.NT$ PROJ��T,'E., $14,0001' Vice Chairman Gort: OK. Item 42. Commissioner Winton: So moved. Vice Chaimian Gort: Ratification of emergency action f'or Watson Island. Commissioner Sanchez: Second. Vice Chairnan Gort: 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. 01-931 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/5TH) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO ACCEPT THE BID OF SHORELINE FOUNDATION, INC., AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PROJECT ENTITLED "WATSON ISLAND BOAT RAMP IMPROVEMENTS PROJECT", IN THE AMOUNTOF 514,600; ALLOCA'T'ING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 33126, ACCOUNT NO. 669301.6.860; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. 213 September 13, 2001 • 9 (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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None, ABSENTI: Commissioner Tomas Regalado 214 September 13, 2001 • • 65. DISCUSSION: CONCERNINGISSUES <RE_LATEU TO THE PROPOSED NEW BALLPARK FOR_THF FLORIDA MARLINS.DAS`E;BALL T,EAM.. Vice Chairman Gort: OK. That takes care of that, except for the Marlins issue, and then we can go into the budget. Foily-Seven-A. Carlos Gimencr (City Manager): Ycs, sir. Mr. Chairman, members of the Commission. Tile only thing i have to report on the Marlins is that there are two things. You received -- actually, three now. 'There is a letter that you all received on September 4th, 2001, requesting a 60 -day extension to the deadline, which falls today, on the negotiations of the Marlins. Canie from Mayor Pcnelas. Today I issued a recommendation that should you want to do that, that we do so with certain conditions. One being that the Florida Marlins or the: team will not enter or continue into any negotiations with any parties other than the City or the County regarding the location or relocation of the team or its playing facilities; that the Hcat be -- the Marlins agree to lobby Major League Baseball with (INAUD1131,17,) in South Florida, specifically the City of Miami, and that they would make all attempts to (INAUDIBLE) Major League Baseball from -- considering contraction of the team. Two, that the Florida Marlins will provide vital (INAUDIBLE) update to the City Commission throughout the 60 -day extension period, and three, that the Florida Marlins -- actually, three, the Florida Marlins will pay no later than September 20, 2001 a non refundable extension fee in the aniount of hundred and fifty thousand dollars ($150,000), which will be used by the City of Miami for all third party projects related expense incurred by the City from Tune 15th, 2001, and throughout the 60 -day extension period. This is to reimburse (INAUDIBLE) for some ofthe costs the City has incurred for these (INAUDIBLE) negotiations and whatever expenses may be coming down for the 60 -day extension. It is also the fourth point is that it's understood the City of Miami's obligation in this agreement is to use its best efforts to reach a final (INAUDIBLE) executed by the Florida Marlins, the City, Miami -Dade County by November 12, 2001; however, this letter of understanding not intended to provide the Florida Marlins or anyone else with any assurance (INAUDIBLE) or otherwise of any financing of the transaction can be obtained or will be consummated by the City of Miami related to the construction of the proposed Major League Baseball stadium. Also, we have received today a letter from the Marlins owner, Mr. John Henry, and basically, it's in your -- you should have it in your possession. You all have one? Saying that basically that in light of the recent events, Maior League Baseball, and the financial industry, (INAUDIBLE) support (INAUDIBLEs) business, that he is respectfully requesting our forbearance on the matters relating to the new baseball park in downtown Miami. Commissioner Teele: Mr. Chairman? Vice Chaii7man Gort: Yes, sir. Commissioner Tecle: I would move -- is Commissioner Regalado going to be here? I would move that the City of Miami grant the request, as requested by the Mayor of Mianii-Dade County, and subject to the conditions as outlined in the Manager's memorandum, with exception to the second paragraph of number 1, if my memory serves me right. What's the second paragraph in number I? Second sentence of number 1 ? 1 don't have it here. 215 September 13, 2001 Mr. Gimenez: On item number 1, it's the Florida Marlins, with team alliance, will continue in the negotiations (INAUDIBLE) other than the City and the County regarding the location and relocation of the team or its site facilities. Also, the second sentence, in addition, the Florida Marlins will agree to lobbying Major League Baseball to keep the team in South Florida. Commissioner Teele: 1 would -- with the exception of that sentence, that second sentence -- and I'd like to he recognized if there's a second for the purpose of explaining -- for the purpose of discussion. Commissioner Sanchez: Second for the purpose of discussion. Commissioner Teelc: Thank you. Mr. Chairman, lel me say two things. First, I think the City and the County have had discussions and negotiations and I still think that the Manager owes us, individually, perhaps not in f.hc public, but individually, a full matrix of the financial issues that have been discussed and brought up. It's just too much off the table, and -- in other words, I've heard from the press, I've heard from the media, that there has been substantial movement; that the County has offered more; that the Marlins have offered a lot, lot more, and, again, I justthink- we hinkwe need to be apprised and not waiting until this thing is a neat package and give it to us, and i can appreciate not doing it in a public meeting, but i think each of the Commissioners should be afforded an opportunity to have a full disclosure and discussion of where we are on this thing. Number one. Number two, I don't think we should ask the Marlins to lobby anyone, not only is the word, the way that we're using it, not -- but I really don't think we should frustrate the Major League Baseball's efforts. If they want to contract, then we ought to let them contract. We're basically now putting ourselves in, I think, a position where we're now going beyond standing still with us, but we're trying to get national baseball league -- and in my judgment, the best thing that could happen 1br all of us at this point is for Major League Baseball to contract and bet its out of this thing. Number two. Number three. I have no intentions, i have no intentions of supporting anything beyond a hundred and seventy-five million dollars ($175,000,000), as much as that -- as big as that number is, and as offensive as that may be to a lot of people that I represent, not a penny more. And I don't think we can get there. i mean, I'm liearing the number has gone from 175 to 225 to 275 to 350 over 400 and now somebody even whispered to me it may even be over a half-- upwards of a half a billion dollars and, you know, at some point, you know, we've just got to say, this is too rich for our blood. I mean, we just can't stand-- we can't stand the financials of this. And, so, I don't want to deceive you or the public or my colleagues in supporting this extension. I think the Mayor of the County has been gracious enough to work with us, I think he's entitled, at least, the courtesy of taking his request seriously. I think we need to be very candid, that what's at stake here is approximately a hundred and thirty to hundred and fifty trillion dollars ($150,000,000) of public money, which is CDT money and some other funds, but they're going to be dispensed by the County and the County Manager -- Mayor is going to have a recommendation on that. I would hope that whatever happens, if the Marlins stadium is not built, that the City of Miami would have formulated a fall back position and some things that we're asking for, So, when we vote on this thing in 60 days, I would hope that we would take this time to think through- with (lie Manager -- to think through with our own constituents what are appropriate uses of the finds, if they're not going to be used for the Marlins stadium, i fear that, if we were to reject Mayor Penelas request out of hand, it would, in fact, wind up being killing the deal here and now. We don't have a plan. What would happen in the 216 September 13, 2001 County Commission would be a mad scramble with each County Commissioner proposing, you know, a different project and a different process. So, i think this 60 days gives all of us an opportunity to look at some intelligent uses of the funds, if they're not going to go f'or the Marlins stadium, and, at the same time, i think it gives the Marlins an opportunity to come in with a plan and, as far as my one vote is concerned, that does not take us beyond the point that we were talking about, which is the 175 or so million dollars, as big as that number is, and, so, that's why 1 made the motion. My concern about the second sentence. The second sentence may very well be the honorable out for all of us. Commissioner Sanchez: That's what I'm going to get at. Commissioner Tecle: So, I mean, if 1 were to endorse it, I would endorse that we instruct the Marlins to lobby for contraction and rather than creating that news story, i think we're better off just sort of going it and giving ourselves an opportunity and the Marlins and the Mayor of the City and the County an opportunity to do their thing. So, that's the basis of my motion and the reason, Mr. Chairman and members of the Commission. Commissioner Sanchez: Mr. Chairman? Vice Chairnian Gort: Commissioner Sanchez. Commissioner Sanchez: Mr. Chainnan, I -- the extension 60 days, basically, allows us the opportunity, let cool heads prevail. We arc about to enter now into -- there are two seasons here in the City of Miami. One is hurricane and the other one is Mayor's election, and these are tough times. So, with all these negotiations that are going oil, it's just not healthy for the City to constantly be criticized with one party not agreeing with the other party on this. So, the extension, i don't have a problem with. One thing that I'm glad to see is that we took a stand on it and we gave them a date, and it was September the lath. After that date, we weren't going to negotiate anymore. We, the City, were tired of being put in a position where we were always against the wall. So, being that we selected that date to do that, at least when it came back, I'm seeing that now we're being compensated. At least the City which we have spent a lot of money - - I think the taxpayers need to know how much money we have spent to try to work this deal. So, if there's anybody that has worked in good faith, I think it's been the City, that we worked in good faith to see and to explore all avenues to try to bring that -- the stadium and have the Marlins stadium. As long as, in the long run, it benefits and it's a good interest to the City. But, Commissioner Teele, when you basically -- and I second the motion for the purpose of discussion -- when you retracted or took that second paragraph out -- I mean, if we -- if the Marlins don't attempt to lobby or go up -- to keep the team in the City of Miami, that's a done deal. We're dead. And that may be the avenue that some people may want to take. I don't know and I'm just 20 percent of this Commission. But looking at the language that's set forth in this letter, I think it's important that we leave that factor in because they're the ones that are going to lobby major league, to keep major league in the City of Miami. If they don't lobby and it's pulled out, then the deal is dead. I've always said that i support this deal, as long as we're able to extend the parking surcharge, which is now in litigation, and at the end of the day, we're all going to be winners. Because if we're able to invest, you say, a hundred and seventy-five thousand dollars ($175,000), I'm not willing to go shat high. 217 September 13, 2001 Commissioner Tecle: One seventy-five million. Commissioner Sanchez: One seventy-five million. I'm not willing to go that high. I'm willing to go 150 million. I'm not going to finance this City to build a baseball stadium, but it's all about a deal and the deal at the end of day, we'll invest a hundred and fifty or hundred and seventy-five million dollars (5175,000,000) and we will have the parking charge extended for "X" amount of years and we're bringing in what is estimated numbers that have been thrown out, which is possibly one point eight billion dollars ($7,800,000,000) for the City. 1 iiiean, that's a good investment for anybody that's willing to invest in such a deal So, I'm glad to see that, at least, we're getting a non-refundable extension fee and now we're able to, you know, at least subsidize sane of the money that we have spent on this deal. So, subject to the condition that you stated -- and I would -- if it's me who is going to second the motion to take that language out, then .1 will retract my motion because I think that language is very important and it needs to stay there in that process. We're now in the process of negotiating. i think that we have matte progress. i think that, although we,just started, this will come back in 60 days; where I think that it's after a Mayor's election, it's ager a couple of elections here, and I think that is when I think people could sit down at the table and basically determine if the deal could be done. We don't know if the deal could be clone. There are it lot of factors. There are a lot of hurdles. There are a lot of things that need to happen to get this deal done. But if we just, you know, kill it right off the bat, then we're going to be wasting our money and we've already spent a lot of money on this deal. So, i just -- you know, in consideration of the fact that the letter has been sent out and now they're paying hundred and fifty thousand dollars ($150,000), at least they're asking for a 60 -day exception to what I think is reasonable because of the turmoil that exists in our community now, with the elections that are coming up, I'm prepared to -- once again, Commissioner Teele, Fin not prepared to second your motion because it takes that language out, and i think it basically just might jeopardize and might even be killing this deal right off the bat. Mr. Gilnenez: Commissioner, I want to clarify one thing. The Marlins have not agreed to my recommendations. These are my recommendations. So, I don't want to lead you to believe that they have said that they will pay that hundred and fifty thousand. These are just my recommendations. Commissioner Sanchez: Well, if these are your recommendations and they don't accept these recommendations, then we don't have a deal Commissioner Winton: They haven't accepted anything yet, so ... -- Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Winton: A number of points. I find it ironic that Jolui Henry is the one who has consistently issued ultimatums to the public after every failure lie has created, and he gave us an ultimata n when lie came out of Tallahassee with a number of failures that said to the public, "You have 60 days to come up with a plan or else." I don't -- never did understand what the word "or else" was, but we spent significant real dollars with our consultants and huge amounts of real time with senior management staff during that 60 -day period to craft a letter of intent or 218 September 13, 2001 memorandum of understanding or whatever you want to call it. Real time. So, that's a point. A question. How much real money have we spent on consultants to bet to the point we're at? Mr. Gimenez: It's north of two hundred thousand. Commissioner Winton: 'That's correct. 'That's what I thought. So, this doesn't recover our dollars, and I'm probably -- 1 don't know where I'm going to go just yet, but i can tell you, if I were to give any support to this extension at all, we're going to recover all of our money. This fee is going to be two hundred and fitly thousand dollars ($250,000), and if John Henry doesn't vivant to pay that, then I'm done. But there is a big part of me right now that says I'm done right now, and the reason i say that is because we have spent a lot of money and a lot of time to get to the point where we could have struck a deal. And I asked our consultants last week, I said, how long would it take you to finish a deal structure? Now, a deal structure in these kind of deals, where you're doing this joint venture development, has a whole host of issues that ]lave to be resolved post deal because the outline of the deal just simply describes the terms and conditions that each of the parties are willing to commit to and they have a certain amount of time to fulfill their obligations. We will need time to fulfill a crucial obligation, which is to get the parking surcharge issue resolved. That issue won't be resolved in the neat 60 days. Doesn't change anything. So, I asked our consultants, how much time would you need to finish up a deal structure that outlines the terns and conditions that everyone has to meet, we all agree to those teens and conditions, we all then move forward as a united team to fulfill each of our obligations? And if we -- any single one of us can't fulfill our part of the deal, then any one of the parties has the right to cancel the deal. And that's how the deal structure gets put together. My consultant -- our consultant said, we can get this done in eight hours if we would sit down. We were essentially -- we're this close to being done. The reason we can't get done is John Henry won't agree to anything. And that's the problem here and that's been the problem from day one. We can't bet anything -- we, the City of Miami staffs consultants, have figured out where they would like to be, subicct to this Commission's approval -- that subject hasn't -- we haven't been asked for that approval yet because there isn't anything to ask for because he hasn't agreed to anything. So, as soon as John Henry and the Florida Marlins agree to what we're willing to put on (lie table, then there is something for us to sell. We could have that piece of the deal done in four hours, sig, hours, certainly 24 hours, and we've had 60 days now -- or 30 days since --- 1 guess it was 30 days when 1 introduced that resolution -- 30 days to get this done. Another 60 isn't going to change a thing. The Florida Marlins, for whatever their reasons, have chosen to not strike a deal. We continue to spend money and more importantly, more importantly, we spend huge amounts of senior administrative time being -- having our chains pulled by the Florida Marlins to no avail. And, so, every time we get ready to focus on a project in Flagami or Liberty City or in any part of our community that needs senior management time, they're off dealing with Florida Marlins, where we can't get a deal struck, So, i can tell you, I've struggled with this mightily. 1 know, unequivocally, a deal could have already been struck that could have come before us today, that just simply spells out all the deal points, subject to a whole host of things happening. The Florida. Marlins chose not to do it, not the City of Miami. We've been ready, willing and able. So -- and this issue of suggesting that the Mayor's race has some way or another thrown confusion into it is just more confusion raised by John Henry. The Mayor's race hasn't affected our ability to get a deal structure done. Not at all. Nothing has affected it, other than his unwillingness to come to the table and negotiate in good faith. So, I'm struggling to 219 September 13, 2001 understand why we would go another 60 days for anything. But if my fcllows Commissioners think that lie ought to have another 60 days -- I don't think he should -- but if you did, then I might consider going for that, but we're going to recover all of our money. There's going to be a non refundable -- he has an option now, and he's going to have to put a non refundable deposit on the table, which really holds his feet to the fire, and it's going to say, "Mr. hienry, you want a deal done with the City of Miami? You better get to the table; you better get it done and you're going to put some money up or we're not going to negotiate any further." So, if we can get two hundred and fifty thousand dollars ($250,000) non refundable deposit out of him as the option to continue negotiating with our City, I'm perfectly -- I guess I'll accept that. Commissioner Regalado: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Regalado: So, what you're saying is that we demand that money. The Manager said 150. You're saying two hundred and fifty thousand. Commissioner Sanchez: So, amend it to 250. Commissioner Regalado: Until and unless the City gets that check from the Marlins, the Manager is prohibited to discuss anything with the Marlins. Commissioner Winton: The Manager and his staff... Commissioner Regalado: And his staff. Commissioner Winton: -- will be prohibited from having any discussion, dialogue, conversation, negotiations with the Florida Marlins. Commissioner Sanchez: Mr. Chairman, the maker of the motion, would lie accept -- Commissioner 'reel e, you're (lie maker of the motion. Commissioner Tcele: It died for a lack of second. I mean... Commissioner Winton: No, no. Second... Commissioner Sanchez: I still second. I didn't change my vote. You know, I'm moving to amend it if you're willing to put two hundred and fifty thousand dollars ($250,000) in... Commissioner Teele: I'll accept the 250... Commissioner Sanchez: And leave the second paragraph in the letter. Commissioner Tecle: Let me tell you why I don't want to put -- leave the second -- let me tell you what the second paragraph does. The second paragraph basically -- 220 September 13, 2001 Commissioner Winton: The second sentence. Commissioner Teele: -- ask him -- second sentence ask the Marlins to forbear at our request. We don't want to be in a position of asking them to forbear. Commissioner Winton: I agree. Commissioner Teel c: And lei me just ask you this, Mr. Manager — honestly aiid I'm not asking you to disclose anything. But do you honestly believe that the minimum dollars for the City will be 175 -- between 150 or 175 based upon where the discussions are now? Mr. Gimenez: Yes, sir. Commissioner Winton: Could I interrupt just for a second? Do you mind? It isn't the minimum. It's also the maximum. Mr. Gimenez: The max is -- and I can -- 150 and we stuck to our gun. There is a discussion (INAUDIBLE), which asks additional dollars. But in terms of financing from the City, it's 150. And of course, a TIF (Tax Increment Fund) would also have money from the City. Vice Chairman Gort: But the TIF or whatever they do will take years before that can be delivered. Commissioner Teele: Well, I'm ,just not prepared -- because I think -- don't think we want to ask the Marlins not to do anything that they think is right, and I think, if they don't -- if they're not -- we're not prohibiting them from lobbying. If they don't want to lobby on their own, then -- you see what Pin saying? Commissioner Sanchez: Now I sec what you're saying Commissioner Teele: Yeah. I mean, but we're asking... Commissioner Sanchez: But we're not prohibiting... Commissioner Teele: We're not prohibiting them from lobbying. Commissioner Sanchez: So, l -- as a second to the motion, I would just ask that the amount be changed from one Fifty to two hundred and fifty thousand dollars ($250,000). Commissioner Teele: Agreed. And the conditions that the staff will not deal with the Marlins on any matters, other than the payment of the money, until the money -- the option money is -- to use the term -- Commissioner Winton: Is in the bank. Commissioner Teele: -- is in the bank. 221 September 13, 2001 Commissioner Sanchez: OK. Accepted. Commissioner Teele: And reading Mr. Henry's letter and cleared. Vice Chairman Gort: That's an option all right. OK. Any further discussion? Being none, all in favor state by saying "aye." The following motion was introduced by Commissioncr Teele, who moved its adoption: MOTION NO, 01-)32 A MOTION GRANTING REQUESTS RECEIVED FROM MIAMI-DADE COUNTY MAYOR ALEX PENELAS, RELATED TO THE NEW BALLPARK FOR FLORIDA MARLIN'S BASEBALL T] AM, SUBJECT TO THE CONDITIONS AS OUTLINED BY THE CITY MANAGER IN' HIS :MEMORANDUM TO TIIE CITY COMMISSION, WITH THE ADDED PROVISION THAT, IF THE CITY ACQUIESCES TO ANOTHER 60 -DAY EXTENSION FOR THE FLORIDA MARLIN'S TO AGREE TO THE TERMS AND CONDITIONS AS OUTLINED FOR A STADIUM, THEN THE MIAMI MARLIN'S NEED TO PROFFER A NON-REFUNDABLE CHECK TO THE CITY OF MIAMI 1N THE AMOUNT OF ,x,250,000; OTHERWISE, THE CITY MANAGER AND STAFF SHALL BE PROHIBITED FROM ANY FURTHER NEGOTIATIONS. Upon being seconded by Commissioncr 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: Commissioner Johnny L. Winton ABSENT: None. Vice Chairman Gort: Thank you. Commissioner Tcele: Roll call. 222 September 13, 2001 0 0 GG: AUTHORIZE:MANAGER TO,)PROCEED:'WITH BUS BENCH NEGOTIATIONS,# COME BACK WITHIN 30 TOGO=DAYS: WITH: RECIOMMENDATION, . 2 Vice Chairman Gott: My understanding, before we go into the budget, I have to set up the presentation here, so we'll take a five-minute break. Commissioner Sanchez: Five minute recess, Mr. Chairnian. Carlos Gimencz (City Manager); Item 48 is the discussion on bus benclics, and they're saying there is a presentation to make on item 48. Vice Chainnan Gort: That was one that you deferred. Oh, 48, yes. Mr. Gimenez: You deferred 47. Vice Chairman Gort: We deferred 47. Vire have to listen to 48. It'll only be a minute. Item 48. Who's going to make the presentation? Mr. Gimenez: '['his is a discussion on the bus bench negotiations, and I've been directed by the City Commission to entertain. You should have -- Frank Rollason (Assistant City Manager): They have it. Right. Frank Rollason, Assistant City Manager. You should have in front of you the handout marked item 48, which has (lie colored highlights in it. And basically, what we have done under your direction, is that we %vent back and we negotiated with the companies that participated in the RFP (Request for Proposals) and what you see there in front of you highlighted in green by company are the rates that were provided under the RFP, and under the pink highlight is what was negotiated. And I'm not exactly sure where we're headed from this point, other than to give you an update. And I think our direction was to continue with the company on the right-hand side, Sarmiento, which was the highest return at this point. Mr. Gimencz: What we'd like to do is we got two ways to -- Mr. Rollason: Right. Mr. Gimenez: -- to go on some of these bus benches. You have a traditional -- you can go with a traditional bus bench, but there is also something different that could give a significant increase in revenue to (lie City, and also change the look of the City. I'd like to have the people from Sarmiento Advertising give you a presentation as to a new way to go with the bus bench issue, and gel direction from the City Commission on this item. Mr. Rollason: They're just going to pull the screen up. Commissioner Regalado; Are we talking here about -- Mr. Manager, are we talking; here about a new style or a now company that you're going to recommend? What are you doing here? 223 September 13, 2001 0 0 Vice Chairman Gott: Both. Mr. Gimenez: What we're going; to talk about right now is a different look. 'There is a traditional bus bench, and we've got two bidders for a traditional bus bench, basically what you have on the streets right now. And you also have this company that is proposing a different look for the City, something that 1 think would be very interesting, and I'd like to get the recommendation from the Commission if you want to go in this direction. Barry Kutun: I'd like to introduce myself. I'm Barry Kutun. My address is 1221 Brickell Avenue, Suite 942, .Miami, Florida. And 1 .am an equity owner of the Sarmiento Group, Sa.nniento Advertising Group, LLC,( Limited Liability Company) who has -- who was one of the bidders that bid when the RTP was sent out, and has also been part of the competitive bidding; process with the Manager and his staff. And basically, what we want to present to you is a new look in bus benclics. These are bus benches that we're proposing, but they're going to have an illuminated sign, two -side illuminated sign, similar to what you see in a shelter. But this is not a shelter. 'these are bus benches. And by doing that and providing this type of advertising media, we can return to the City on a 15 -year contract about sixteen million dollars ($16,000,000), versus the present bus bench configuration, which would provide advertising; revenue probably in the range of anywhere from three to four million dollars ($4,000,000) over the 15 -year process. So you're looking at about a twelve million dollar ($12,000,000) increase to the City in terms of revenues. And how do we do that? We do that because this type of advertising format, the illuminated panels is geared toward national advertisers, and they pay much more than they pay for the back of a bench. OK? We have proposed to the City to provide 1500 benches. Nine hundred benches would have advertising. Six hundred would not have any panels associated with them at all, They would be to go wherever the City decided that they wanted to put bus benches, and that would probably be in residential areas and so forth, wherc you don't want your -- any type of advertising media. OK. These -- And by the way, another thing, and Hare don't have it in our book, but Cesar Pelee has agreed to design the bus benches. The bus bench designs that you're seeing now -- OK? -- are prototypes. .But the design will be by Cesar Pelee -- OK? -- who is going to be doing the Performing Arts Center. He's agreed to this. And because of what took place in New York, and that's where their offices are, they were unable to get a letter to us for us to present to you. But I'm representing to you that they have agreed, because of their presence now in the Miami area and the architectural work for the Performing Arts Center that they will design these benches to be something really extraordinary and special for the City of Miami. And possibly, there might be two or three designs that would be proposed by Pelee and Associates. And we've also agreed with the administration that they would have final say so over the design acceptance. So the designs would be submitted to your staff, and we would work with them and with Mr. Pelee, and to try to get a design that would be beautiful and one that would be a world leader type of design. We brought -- We also -- so 600 -- 1500 benches would be in the City. Six hundred would be for -- without advertisement. The 900 that we've agreed to put up these panels with the bus benches, 300 of thean we've agreed, at your discretion, that we would put the electronic time on those panels, as well as the temperature, if you want, on the 300. So underneath where you have the ad under the illuminate panel would be the digital clock. So 300 of the 900 of these illuminated signs that would be with the bus benches would be -- have the time and the temperature. And that would be subject to administration approval, too, where they wanted to do it. In addition to that, we've agreed to 224 Septemher 13, 2001 provide the City with 100 illuminated panels for City use. And these are the type of panels that you've seen if you've gone to Europe and to South America and other countries, where you'll see possibly a map, you know, of the area, possibly of the Bayside arca, possibly of the CRA District, or the Flagler Street with a map, with all these kinds of things on an illuminated panel. And there's a lot of very innovative things that arc involved in those illuminated panels. So we are going to give to the City 100 illuminated panels, work with them as to what their design that they would like. We provide it. We maintain it for you. 1n addition to that, we're agreeing to give the City ten information plasma panels like this, only they'll be about twice this size. Now, these are run through a modem, through computers, and anything that you can do on a computer, you can do on these plasma screens. And you've seen them. They're very innovative. We have people here who have come in especially -- we couldn't bet a screen in, because -- we could have had one come in from Canada, but because of the air problems, we couldn't get clic -- you know, the actual size to bring in the screen and give you a better demonstration. And we have had problems in bringing up some of the things, type, the prototypes that we'd like to show you today because of what's happened on Tuesday. And 1 don't know if this is running yet, but -- is it running? OK. So you're seeing some of the same types of thing. What we've done in this handout of the prototypes is we've tried to give you a before and alter, showing you what you bus benches look like today, traditionally, with the signs in the back, and what a bench would look like -- one we have in there without any kind of advertising panel at all. And then we show you one with an advertising panel in a setting actually in the City of Miami. Those are settings where they're back -dropped with actual settings and -- to give you an idea. One we have is at the entrance there of Key Biscayne, where you can sec the two benches with the illuminated panel versus the four present ad benches that are there. OK. Also, the 100 illuminated panels that you're going to get -- and I'm very sorry that we don't have a better physical presentation Por you, but it was coming up and the planes were stopped coming up from South America. It was stopped, as well. But these panels can be freestanding on the ground panels, like at the beginning of Flagler Street. Vice Chairman Gort: Go to the mike. Mr. Kutuu: You know, as you might see in front of, you know, the walkway as you go up Flagler Street with -- illuminated with whatever you want on there, informational panels for the public. But these ten plasma panels are really unbelievable. And whatever infbrmation that you want will be all designed and worked with the City as to what you want to use these panels for, and in what locations that you would like to use these panels for. They could have -- you could run -- if the hurricane is coming, you could run, you know, show a hurricane map or whatever you -- you know, whatever, on all ten panels in different locations. Or if there is an emergency situation, you can shoot that on there and do all those kinds of things. These arc live presentations on these panels, and we will maintain those, as well, in our proposal. But we would ask that the City allow us to provide a bus bench, which is innovative, beautiful, designed by Cesar Pelee, allow us to use the illuminated panels, rather than the standard bus bench that you have. This would be a very innovative thing, it'll be a gorgeous thing, and it'll provide twelve million dollars ($12,000,000), ten to twelve million dollars ($12,000,000) over the 1S - year period that you would not get if you used the traditional, you know, bus bench proposals that you have today. I'll be happy to answer any questions. Let me just add one thing. The company that is proposing this, Sarmiento, is a 50 year old company. We have in Argentina 225 September 13, 2001 alone 15,000 illuminated panels that we're talking about that we maintain. We're in Santiago, Chile. We're all over Brazil. Wc're in Dominican Republic. We're the second largest privately owned outdoor advertising company in the world. And 26 percent of our company is owned by Bank of America. So we're not just a South American company. Over, a quarter of our company, 26 percent is owned by Bank of America, a United States company. And I'll be happy to answer any questions. Commissioner Regalado: Mr. Chairtnan. Vice Chairman Gort: Yes, sir. Commissioner Regalado: 1 just don't want to use the word, but, I mean, 1 don't have any other way to say it. I'm afraid that we're going to have another "old sparky" here, you know. There is a problem with connections. And we had a tragedy in the County, not in the City. My main concern -- and 1 think the concept is beautiful, but the electrical -- because, you know, you won't be supervising. Mr. Kutun: Yes, we will be supervising it, 100 percent. Commissioner Regalado: No, you, personally, you, you know what you're talking about. But my concern is that you hire some: contractors, and some wire is loose, and somebody can touch them, and all that. And we had a problem already in the County, which was a tragedy. We have. had problems with contractors in the City, They don't finish their job, and we don't have the manpower in the City to go after them. So what kind of wiring are you talking about for this? Mr. Kutun: The wiring comes underneath. It comes through the ground. It's electrical wiring, the same as you have in your -- in your present shelter panels today, and it's very safe. It's very safe. 1t just needs to be maintained. If you look on our back, list of contractors, we've already contracted with Tri -City Electric, a union Linn of over 300 employees that will be maintaining these signs. Probably the finest company in South Florida to do the work. And in addition, just to let you know, Commissioner, because 1 didn't mention this, but these are all going to be fabricated here. They're not fabricated outside of the United States. They're fabricated here in Dade County or in Miami. They will be constructed by union electricians. Union sheet metal fabricators will design the -- you know, will actually construct these. And they'll be constructed in accordance with Dade County -- you know, they all have to meet the -- you know, whatever requirements there are -- Dade County, City of Miami, you know, electrical requirements. And believe me, they tire safe. ff they're not -- if anything is not maintained, it won't be safe. I mean, you have electrical stuff all over, you know, electrical lights all over the City. Vice Chairman Gort: OK. Thank you, sir. Mr. Kutun: Excuse lire for one thing. We -- our attorney is Lucia Dougherty, and 1 want to apologize. She is not here, and she's been working very hard on this, and she was supposed to actually make this presentation. And I think a lot of you know -- you've met with her before. But her father called and he was ill about three hours ago, and she had to leave and go take care of her dad. So that's why she's not here, and she wants to apologize for that. And I apologize 226 September 13, 2001 for it, too. But we felt that in deference to our client and to everybody that we should go ahead in Lucia's absence. Vice Chairman Cort: OK. 'thank you, sir. Yes, sir. Joseph Geller: Mr. Chairman and members of the Commission, I'm Joseph Geller. at 2411 Hollywood Boulevard in Hollywood, representing Bench Ads of America, Inc. That is the company that currently has your contract. And I just want to remind you before you decide whether or not you're proceeding with action, it is our position our contract is valid and in force. You've had your City Attorney ask the courts for a determination in a declaratory action as to whether or not our contract is still in lorce and effect. At a meeting held on the 26'h of July, you (lid instruct the Manager and City Attorney to meet with us to negotiate possible settlement to that. We had what I thought was a very productive meeting shortly thereafter. If you arc open to new kind of products -- and I think it is a good idea to be open to new kinds of products -- we also suggested several at our meeting that I believe would result in a substantial increase in the revenue that the City currently gets. The fact is, as Mr. Kutun told you that the process has moved well beyond old styles of benches and new products do allow for new revenue. I would simply urge you to remember in your decision-making process that it was this Commission that asked the City Attorney to ask the courts for a determination. We are confident that we are still in a good contractual status with you, but we are certainly very eager to offer some of these new kinds of products to the City. And I would simply urge you in your decision-making process, before you reach any Final decision to all consult at greater length with the City Attorney. It is our intention - We actually had a further follow-up meeting scheduled earlier this week, which, unfortunately, had to be cancelled, because of the terribly tragedy and the stun-ounding events, and the fact that the City was closed down. It is our intention to go forward with that process. We do intend to continue meeting with the City Attorney, hopefully with the Manager or members of his staff. And I'd ask you simply to keep that in mind, and be sure that you have the opportunity to consult with your counsel before you reach any kind of definitive decision here. Vice Chairman Gort: ']'hank you, sir. Counsel. Alejandro Vilarello (City Attorney): At this point, the litigation is ongoing, and my suggestion is that we not discuss that litigation at the Commission meeting. I'm more than happy to discuss it with you individually. Vice Chairman Gort: Thank you. Mr. Vilarello: In terms of-- in terms of this process going forward, I don't believe the Manager is asking you to award anything tonight, but asking you -- Commissioner Sanchez: It's my understanding it's a discussion item, and the only thing that could came out of here is a direction to the administration on the guidance to look at, you know, whatever needs -- the feasibility or whatever needs to be worked out, :and then come back to this legislative body. Vice Chairman Gort: That is the name of the game. Yes. Yes, sir. 227 September 13, 2001 Jeffrey Flanagan: If 1. may. Members of the Commission, for the record, Jeffi-cy Flanagan with offices at 999 Ponce De Leon Boulevard in Coral Gables. I represent Gateway Outdoor Advertising, which is one of the three proposers, pursuant to your RFP. How we got here today is I think a story that you don't have all the facts to. An RFP was issued for bus benches. And as letters in the record state from the City Attorney, RFP's are not taken lightly when they are drafted, given to you for review, and authorization, advertised and put out on the street. Price is important. It's a very important factor when you're dealing with any vendor or concessionaire. But under your RFP that you drafted, reviewed and put on the street, price was only a 25 percent portion of the whole picture. Experience, qualifications of the proposers, the maintenance program of all the benches was given weight and points, and there are many other areas that were deemed to be important enough in the overall picture of the bus bench program to include in the RFP. On August 9t' -- and 1 need you to step back for a moment -- 1 wasn't here. I was preparing to go on vacation, getting up at 3 a.m., and 1 think it was about midnight that this item came up. You were asked to terminate the competitive procurement process and enter into competitive negotiations. 1 think you were asked to do that, though, without full benefit of all the facts. 1 think it's important -- you said it was important about an hour and a half ago -- that you are fully apprised of all current situations and of all facts. The facts on the night of August 9'f' were that the proposals had been received. They had been opened. The selection committee had been convened. The proposers were reviewed by the selection committee, the proposers were ranked and the selection committee made a determination, a final determination as to who should be awarded the contract. The only thing left was for you to look at that recommendation and make a decision. Yet, on the night of August 9"', 1 don't believe you were given all those facts, and you were asked to terminate the process and enter into competitive negotiations. What the competitive negotiations ended up being was a flat out bidding war. Who could offer the most money? Standing here right now, I can tell you, I cannot compete with a ten or twelve million dollar ($12,000,000) difference. I cannot compete; my client cannot compete with benches designed by Cesar Pelee. Yet, as Commissioner Regalado picked on very quickly, and i think it's very important to note, illuminated advertising space will garner more revenue from the advertisers. It's the local mom and pop companies that has made America what it is, generally is who uses a bits bench. The national advertisers tend to go for the buses themselves -- the Nietrorail, the .People Mover, the billboards. it tends to be more of the local stores that use bus benches. And if you want an illuminated sign, it would be interesting to see how you're going to illuminate 1500 bus benches, which sit on top of concrete. It's something that needs to seriously be looked at. And you have issues in the past about electrified street furniture. Bus benches are generally very moveable. They're angled differently. 'they're on the sidewalk, they're off the sidewalk, and now you're going to be drilling holes in 1500 different spaces in your sidewalks, which I think creates serious issues. I was going to talk about pricing. I didn't realize we had all these illuminated signs and everything of that nature. I don't know what an illuminated bus bench sign gets. And 1 know what the bench market gets today, as I'm sore many of you do when you've advertised on the bus benches for the election season. It's, give or take, a hundred and fifty dollars ($150) a month. You have the benefit of a selection committee who reviewed everything upsidedown, inside and out of the three proposers, including Sarmiento, who even at that time had offered more money per bench than my client or the other proposer. So even by offering more money, your selection committee reviewed all of the other facts of the big picture and still delcr►nined that Sarmiento, based on whatever it may be -- their maintenance program, 228 September 13, 2001 • 0 even with the benches that they were offering at that time -- should not be awarded the contract, that it should be Gateway. I ask you, Commissioners, to please, just take a step back. I know you're not making an award tonight. You're giving direction to the City Manager. But I'm asking you, please, to give direction to -- I would say, go back to your selection committee, which took the time to review all the documents which were submitted pursuant to an RFP that you and your staff had determined was important enough to draft and put on the street, and not just a quick, one -day negotiation on price, and pretty pictures, and big numbers that are easy to become enamored with, and Cesar Pelee designed bus Benches. So I don't know what the direction should be to your Manager, but 1 would ask that you go back, review all the proposals, determine with specificity the feasibility and the ability of Sarmiento to do illuminated advertising suns or whatever they may be proposing tomorrow, and to go forward at that point, and to give weight and credibility to your selection committee and to the process that was initiated, which you were asked to terminate without frill benefit of all the facts. Thank. you. Vice Chainna.n Gort: Thank you sir. Commissioner Sanchez: Mr. Chairman, Vice Chairman Gort: OK. Commissioner Teele: Who made the motion'? Commissioner Sanchez: Nobody's made a motion. Commissioner Teele: No, who made the motion to tenninatc? Mr. Flanagan: As I stated, Commissioner -- Commissioner Teele: You said August the what? Mr. Flanagan: August 91" Commissioner Teele: Who made the motion? Mr. Flanagan: As I stated when I started, I was not here. Maybe -- i don't know if the City Attorney remembers. Commissioncr Sanchez: Well, Mr. Chairman -- Mr. Vilarello: It was based on a recommendation of the Manager to reject all proposals, cancel the RFP and authorize him to go forward with competitive negotiations, which is a locally required competitive process. Commissioner Sanchez: Mr, Chairman. Vice Chairman Gort: Yes, sir. 229 September 13, 2001 Commissioner Sanchez: This is where I have some questions. An RFP was issued, and firms applied for the RFP. The committee selected --• Did the committee select a specific group or bidder? Mr. Rollason: It got to the point where no formal -- no formal recommendation came forward from that committee -- Commissioner Sanchez: From that committec. Mr. Rollason: -- to the Manager before the RFP was rejected. But they had formulated in opinion. Commissioner Sanchez: And under any legal term, the City Manager has the right to -- Vice Chairman Gort: To refuses Commissioner Sanchez: -- to refuse. COITCct? He docs. Mr. Vilarcllo: Not under any -- lie can't act capriciously, but however -- Commissioner Sanchez: Well, but he's got the right. That's what i want to make clear. Mr. Vilarcllo: In the best interest of the City, the City Commission has a right to cancel the RFP Commissioner Sanchez: Mr. City Attorney, 1 just want to start putting things aside that are yet -- the arguments that are presented by all the attorneys here. Now, on the point of what we've done in the City, I think that the City Commission, the City administration, the Mayor -- not to leave anybody out -- we have focused on beautifying our City, cleaning tip our City, basically creating the City of Miami into a cosmopolitan City, which it should be. And we've done just about everything, including from news racks that was passed on, to overlay districts, to exploring gateways into the City, we're looking at them. We look at a couple of issues here. Experience. You said it yourself. I'm sure that the administration will look at the experience side. The administration would also look at the maintenance side. A very important factor that we have all brought out would be the safety issue. The administration will look at the safety issue. Thon, of course, there's the revenue. You look at the document presented to me, the comparison study, which clearly shows all the bidders, and Sarniiento Advertising, a thousand -- one million eighty or twenty-five of gross receipt. Now, those are big numbers. Now, if you're saying you can't compete with them, so what are you telling me? That everybody that comes here and can't compete, we can't go with them? You know, that isn't a lair statement to make, Mr. Flanagan: Conitiiissioner, if 1 may. I'm not up here arguing that, oil, we can't compete and we got to do something else. Those numbers that you heard tonight are based on illuminated advertising signs, 1500 bus benclies, which would be electrified. I'm asking everything to take a 230 September 13, 2001 step back, look at the reality of the situation, look at whether or not the pricing that you are getting from Sarmiento, which is based upon a specific bus bench can truly happen and will be -- Commissioner Teele: Can what? 1 didn't hear that. Can what? Commissioner Sanchez: Can truly happen. Mr. Flanagan: Can truly happen. Can you electrify 1500 moveable bus benches in the City of Miami? Commissioner Sanchez: Well, now, now wait a minute. Before we -- Mr. Gimenez: Commissioners, the Sarmiento proposal is not 1500. It's 900 illuminated bus benches, 600 without. Commissioner Sanchez: OK. i3ut before we venture off, that is up to them if they can't do it or not. 1 mean, we -- at least this Commissioner -- is going to look out for, one, the best deal for this City. And I have to do that. 1 feel obligated to do that. If we're going to generate twelve million dollars ($12,000,000), or whatever the amount may be -- let's not get into numbers-- I. have to look at, one, the beautification of the City. Two, a lot of these previous bus benches companies have basically neglected to maintain their bus benches. They're an eyesore. You talk about maintenance. Well, I don't see too much maintenance on those bus benches out there. So it continues to be a problem. In the long haul, the administration has to do certain things. One, whoever it may be, performance bond, which will be required, and due diligence on each and every one of them. So the process itself, to me, I think it's a complicated one, because you feel like everybody who has lost a bid, who is probably going to feel like left out, and you should light, and I respect that. And I respect every attorney that comes up here and has an obligation to argue the facts on their client's behalf. But remember, the recommendations come from the administration, and that's what I usually, 99.9 percent of time, will go with, which will be their advice or their recommendation to its, which may be the deal, And that's not happening today. The only thing they're asking us to do is look at this, look at everybody else, see what you think, and then direct us, which 1 will, when the times comes to direct the administration to do what I think is light for the City. So looking at the -- number -wise, and all the arguments that have been made by all the other parties, I mean, I have to tell you howl truly feel. If you're going to see what I saw today, compared to what we have, it's day and night. And on the revenue side, if you can't compete, well, you know, that's the -- that's America for you. You know, you can't compete, then you got to move onto something else. Mr. Rollason: Commissioner, if I may add a couple of things. Frank Rollason, Assistant City Manager, I participated in the competitive negotiations that we did. And the issue that it boiled down to strictly money is -- certainly was an issue that we brought them in from one to another, and we bounced the numbers back and forth to sec that we could come up with the best dollar. But also, to -- since this was such a different idea being presented to us, we asked both of the other companies, categorically, would they be willing to participate or to think about doing a different way that would include illumination. And both of them said that they would not participate in that. 231 September 13, 2001 • 0 Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner'I'eele: Mr. Rollason, Mr. Manager, Rollason, when this item came up on August the 9`h, it came up very late. Someone has said 1 or 3, 1 o'clock, 3 a.m. in the morning. But 1 have a vivid recollection of asking you, "Where are we in the RFQ process'?" You remember that discussion? Mr. Rollason: No, i don't, but -- Commissioner Teele: And I said, "Have the bids been opened?" You said, " C think they've been opened." Mr. Rollason: Yes. Commissioner Tcele: And 1 said, "Well, has the conunittee met?" And you responded you did not think so, I thought. Now, let me tell you what winds up hurting the imac of the City. Someone passed to mc, without a name or a memo, a document dated .Tiny 17t in which the scores are tabulated, And the apparent high score -- and this is on an RFP basis -- was 78.8 percent for Gateway. And everybody else, at least ten points below that. Now we -- I had no knowledge of this. 1f I'd had knowledge of this on August 81h, i would have said let's put it in the record, because what we don't want to do is give the image that there is any form of pre- selection, or any form of -- because 1 happen to know that when these proposals came forward, the real concern that we had was the incumbent, and that was what all of this was about. The incumbent did not -- was not a part of this ranking, just so the record -- Mr. Rollason: That is correct. Commissioner Tecic: And so we've always had this process. And it looks like no inalter what we do, we can't make everybody happy. The incumbent didn't bid. Then there was a recommendation, which my recollection now is (hat Commissioner Regalado made the motion to throw out all bids, which would give the incumbent another opportunity to be on a level playing field. And that's why I supported that that night. I want to put it on the record. What 1 was interested in was getting the best deal for the City, which is what -- the stone thing; as Commissioner Sanchez. Now, if, in fact, Gateway was given an opportunity to respond to this, you know, new notion, then with all due respect, I mean, counsel is just doing his job in being here, but, I mean, we sort of have to move oil. Let me tell you what my problem is first. I have two issues. Mr. Manager, you need to help me understand. What arc we doing'? At 6:30, we've got a budget hearing. We really ought to get to that. What is it you would like to see happen tonight, number one. And number two; lot me tell you what my concern is. I don't believe the numbers. I don't believe these numbers. There's an old saying, if it's too good to be true, it probably is. 1 just have a hard time believing a spread of two million dollars ($2,000,000) to fifteen million dollars ($15,000,000), which is a spread of about twelve million dollars ($12,000,000) when you round it out, Now, if the numbers are real, we ought to take the deal 232 September 13, 2001 and run. And we won't know if the numbers are real, so we ought to require a bid bond or it performance bond -- I'm sorry -- or an up front payment, like the first year payment, or the first three, or four, or six months payment in advance, or something like that. And as far as Fin concerned, it's sort of a -- you know, we're in budget hearing time, and we're trying to figure out how to get money, not how to give it away. And if somebody is honestly -- and you.do the due diligence -- if they really believe they can write us a check, and if they've got Bank America's money and, you know, you know, a whole bunch of folks fi-om around the world's money, and it's clean money, and we're in business with people that there's been a basic due diligence done, then I don't know what this is all about. So the question, Mr. Manager, is, what do you want us as a Commission to do tonight? Mr. Ginncnez: Commissioner, what I'd like to do is that I'm recommending that the City go in this direction, and that you give me the opportunity to come back within 30 or 60 days with some type of contract that basically takes the bus benches in the City of Miami to the 2151 Century. And we will take your comments and your consideration, and make sure that there is performance bonds, and that these numbers are real, and they're backed up by real money and real guarantees, and then we move forward. I'm just saying that there are -- the look is modern, cosmopolitan. The amenities that are being offered to the City will make our City; you know, a better place, you know, for visitors and residents alike. And I just think that this is the way to go. Commissioner Tccle: I'll be pleased to move it or second it, whichever anybody would like to do. Commissioner Winton: I'll second. Commissioner Teele: i'll move -- Commissioner Winton: Sccond. Vice Chairman Gort: It's been moved. Is there a second? Any further discussion? Commissioner Regalado: ,rust a brief comment. If ,you cannot reach an agreement with -- in terms of these different issues, whatever company, they have to understand that the Commission wants a type of bus bench that is not the traditional, but that the style should be, like you said, for the 2151 Century. So, you know, whatever, whatever company you talk of, either them or the other one, you have to not only discuss the money, but the style in teens of the bus benches or the bus shelter issue. Mr. Gimenez: Yes, sir. Absolutely. Commissioner Tecle: Three quick issues associated with this. Number one, I think the issues of safety are real. We need to have a -- Commissioner Sanchez: Prudent. 233 September 13, 2001 Commissioner Teele; -- an intelligent safety plan that includes coordination with the South Florida Building Code, And I'd like to review the Inspector General's report or the report that was done on that other bus, on the bus shelter thing. 1 think that was a workmanship issue, more so than a design issue. But again, what we want to do is make sure that the -- whoever we award it to can't pass it off to the sub that's responsible for the workmanship, for the maintenance. Number two, the -- I've got some concerns about the DOT (Department of Transportation) right- of-ways, and we need to clarify City right-of-ways versus County right-of-ways versus state right-of-ways and all of that. And three, 1 think there has to be some bond provisions and up front payments, to make sure that this is really real, so that we're not at risk, and quite candidly, the other vendors are not at risk, where they just got out-bidded, and then it comes back sort of like the way some of these other things have come back. Commissioner Sanchez: So a performance bond and due diligence. Commissioner Teele: And the other issue would be I would like very much to see if the manufacturing of this can be done in the City, notwithstanding all my comments about thinking internationally and globally. But if it's going to be manufactured in the United States, I mean, we've got some wonderful areas that this could be part of a national program for. So I'm not tying that as a condition, but I to think:, given the Empowerment Ione and some other things that it may be an opportunity. So those would he my concerns and conditions. (Telephone ringing) Vice Chairman Gort: You haven't learned how to use the phone yet? Mr. Kutun: Yes. Mr. Chairman, I just want to respond for one point. That price of twelve hundred dollars ($1,200) per year per unit per illuminated sign is a very going price. It's used in Broward County today, OK? So this is not a price to pay to (lie City, which is not already adopted. OK.? I mean, I just want you to know that we're not -- this is something Broward County -- that's presently what Broward County gets for a double -sided illuminated panel, is twelve hundred dollars ($1,200) per year, minimum. And that's what we're offering the City. Your Manager asked us as a minimum to meet that requirement. So 1 just wanted the Commission to understand that these are going rates. Commissioner Tecle: For illuminated panels Mr. Kutun: For illuminated panels. Vice Chairman Gort: We're just going to make sure with instructions. The motion would be taking care of all those things. Mr. Geller: And Mr. Chair, also, just very briefly, just for the record, I also want to be clear that in the settlement discussions which we had, one of the things that we made clear, in front of you, it says the other two vendors were not interested. We had a proposal that is substantially different than what Sarmiento's is, as far as freestanding signs, but it is an illuminated or other kinds of more nlodein panels that would also produce substantial additional revenue. .It's a little 234 September 13, 2001 different than this. But we are, on behalf of Bench Ads, are not one of those who arc limited to the old style, and as we continue our negotiations on our litigation with your attorney and your professional staff, we'll continue to have that in play, as well. Vice Chaimian Gort: OK. Any further discussion? Mr. Gimenez: Mr. Chairman, unfortunately, Bench Ads did not participate in the entire negotiation process. Vice Chainnan Gort: OK. Any further discussion? Being none, all in favor, state it by saying «ayP „ The Commission (Collectively): Aye. The following motion was introduced by Commissioner Tecle, who moved for its adoption: MOTTON NO. 01-933 A MOTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH. THE BUS BENCH NEGOTIATIONS; FURTHER DIRECTING THE MANAGER TO DO THE FOLLOWING: 1. VERIFY THE NUMBERS THAT 14AVE BEEN PROVIDED BY THE BUS BENCH INDUSTRY ARE REAL AND GUARAN'T'EED; 2. INCLUSION OF AN INTELLIGENT SAFETY PLAN THAT 1S COORDINATED IN CONJUNCTION WITH THE SOUTH FLORIDA BUILDING CODE; 3. REVIEW THE INSPECTOR GENERAL REPORT REGARDING WORKMANSHIP 1110 PREVENT SUBCONTRACTING FOR MAINTENANCE; 4. PROVIDE CLARIFICATION REGARDING THE DEPARTMENT OF TRANSPORTATION'S REPORT IN CONNECTION WI'T'H RIGHTS-OF- WAY, I.E., CITY VERSUS COUNTY VERSUS STATE; 5. ASCERTAIN TI-IATTHE PROPOSED AGREEMENTPROVIDES A PERFORMANCE BOND AND UP FRONT PAYMENT TO PROTECT THE CITY'S INTEREST; G. ASCERTAIN WHETHER OR NOT MANUFACTURING CAN BE DONE IN THE CITY AS PART OF A NATIONAL PROGRAM; AND 7. SFFK MORE MODERN STYLE FOR BUS BENCH AND ADVERTISING PANELS; FURTHER DIRECTING THE CITY MANAGER TO COME BACK WTTHIN 30TO 60 DAYS WITH A RECOMMENDATION. 235 September 13, 2001 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 1:, Teele, Jr. Commissioncr Johnny L. Winton NAYS: None ABSENT: None Vice Chairman Gort: Thank you. We'll take five and we'll conk back so you can get the equipment out of here and go into the budget. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 6:39 P.M. AND RECONVENED AT 6:55 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 236 September 13, 2001 • 0 68. SCH1rDULE PRAYER AT TO*Cl+i ().. FRIENDSkll?,� ON BISGAYNE ;��OUIJEVARD, IN; ACGAO10ANC WITI PRE IDErZT AJSH PROCLAMATION. AS NAT[ONALrtPRAYR pA, AOR VYCTiM AND' THE;[R F 5,,913' RI:CNT TR`f}t0)2ISTS'=AT'IACIC OT AiylllCA'; ' r g Commissioner Winton So we have a couple minutes? Vice Chairman Gort: We have some items (flat we have to take care of. Go ahead. Mayor Carollo: Well, while the Law Department is working on that. -- Commissioner can you stay with us for a second? President Hush has proclaimed tomorrow National Prayer Remembrance Day in all of America for the victims and lamilics of so many, many Americans from New York, Washinfton, and other areas. I would first like to thank my colleagues and the Commission. We spoke to each and every one of them, and this body is like the rest of America, speaking in one voice. And the entire City of Miami Commission has agreed for the City of Miami to (omorrow beginning at 5:30 to hold a prayer vigil in the front of the Torch of Friendship at downtown Miami, and Biscayne Boulevard. Following the footsteps of our President, in proclaiming old City of Miami National Prayer and Remembrance Day for those victims and their families. Commissioner Gort would like to make an official motion of that proclamation, and Commissioner Sanchez would like to second it. So that tomorrow, the City of Miami will officially proclaim National Prayer Remembrance Day in the City of Miami, and we urge all Miami residents to join us tomorrow evening at 5:30 in downtown Miami, in front of the torch of friendship, on Biscayne Boulevard, so that we could have a prayer vigil in honor of those heroic Americans that lost their lives in the cowardly terrorists attack against our country, Vice Chairman Gort: Move it. Commissioner Sanchez: Second, Mayor Carollo; Moved by Commissioner Gort, second by Commissioner Sanchez. All in agreement, please say "aye." Tile Commission (Collectively): Aye. Mayor Carollo: It. passes. Thank you. 279 September 13, 2001 • 0 The following motion was introduced by Vice Chairman Gort, who moved its adoption: MOTION NO. 0 1 -935 A MOTION SCHEDULING A PRAYER VIGIL ON FRIDAY, SEPTEN MER 14, 2001, BEGINNING 5:30 P.M., AT THE TORCH OF FRIENDSI-IIP ON BISCAYNE BOULEVARD, IN ACCORDANCE WI'T'H PRESIDENT BUSH PROCLAMATION AS NATIONAL, PRAYER DAY FOR THE VICTIMS AND THEIR FAMILIES OF RECENT TERRORIST ATTACK ON AMERICA. t.Jpon being seconded by Commissioner Sancho, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Corrnnissioner .loe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner.lohnny L. Winton NAYS: None. ABSENT: None. 1►,J0 September 13, 2001 72 APPOINT MS: NA$REEN KAEIANT •TO CO'M1VF[SSIO�V,04 STAT> 7S OF: WOMEN: Vice Chairman Gort: OK. Anything else? Alejandro Vilarello (City Attorney): With regard to the budget, no. Vice Chairman Gort: Right. 'That's it? Mr. Vilarello: You have other items on ,your agenda. Vice Chairman Gort: Yes, we do. Commissioner Teele: We've got a lot of other items. Vice Chairman Gort: We've got a lot of iters. Corn mi ssio tier Tcole: Mr. Chairman, could I take up my blue pages from this morning? Vice Chairman Gort: Yes, sir, you can. Commissioner Teele: Ms. Warren, would you help re -- thank you. Mr. Attorney, would you read S-1, please'? I'm sorry, did you want -- Allyson Warren: No, S-2. Commissioner Teele: I'm doing S-2? Ms. Warren: S-2. Commissioner Teele: All right. Hold on. Ms. Warren: Otr the supplemental. Mr. Vilarello: S-2, did you say? Ms. Warren: S-1 is somebody else's. Commissioner Teele: Well, let me do this, if 1 could. 5-5,1 would like to appoint -- Mr. Vilarello: Commissioner Tcele, I'm ready whenever you arc. 290 September 13, 2001 • 0 Ms. Warren: I'm sorry. It is S-1. Starts with S-1. I'm sorry, sir. Commissioner Teele: Go right ahead. Would you just state your name and address for the record, please? Ms. Warren: Allison Warren, 00 Northeast 82nd Terrace, Miami. Commissioner Tecle: And you're here on my appointment on S-SY Ms. Warren: Yes, sir. Commissioner Teele: 1 would move the appointment of -- Ms. Warren: Nasreen Kabani. Commissioner Teele: -- Nasreen Kabaii. Commissioner Winton: Second. CommissionerTeele: To the Status of Women. Ms. Warren: Thank you, sir. Vice Chairman Gort: There's a motion to accept the appointment by Commissioner Tecle. Commissioner Sanchez: Second. Vice Chairman Gori: Second? Commissioner Sanchez: Second. Commissioner Winton: I already seconded. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. L291 September 13, 2001 I • 0 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-937 A RESOLUTION Or THE MIAMI CITY COMMISSION APPOIN'T'ING AN INDIVIDUAL AS A MEMBER O.i: THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. (Mere 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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny .L. Winton NAYS: None. ABSENT: Commissioner Tomas Rebalado Commissioner Tccle: And I apologize that you were here so long. Ms. Wan -en: That's OK. 292 September 13, 2001 73. APPOINT R�YI\TALDC� BORC3I�S AS M1?MBE&'OF L`-ATIN? QUAR > R: ii VIEW < ;>> HOAR Commissioner Tcelc: On S -G, I. would move the appointment of Reynaldo Borges, please. Move, to the Latin Board. Commissioncr Winton: Second. Second. Vice Chairman Gort: It's been moved and second. Commissioner Teele: And on that 7th -- where's the Planning Director? They wanted me to appoint somebody to the historic hoard. Commissioner Winton: All in favor. All in favor. Vice Chairman Gort: Wait a minute. All in favor state it by saying "aye," The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Tecle, who moved its adoption: RESOLUTION NO. 01-938 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE LATIN QUARTER REVIEW BOARD FOR A TERM AS DESIGNATED IJEREIN. (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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado 293 September 13, 2001 7 3. APP01NIT GERALD W$f STON ASMEMBERk OF THk I-iISTORX AND ENVIRONMNTALA-EgERVATION`BOAi .0 Commissioner Teele: And I would move the appointment of Mr. Gerald Marston to the historic -- what is it? They don't have a quorum. Dena Bianchino (Assistant City Manager): The historic and environmental preservation hoard. Commissioner Teele: The historic and environmental preservation board. Commissioner Winton: Second. Any further discussion? All in favor "aye." Vice Chairman Gort: Say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUI']ON NO. 01-939 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVI.RONMINTAL PRESERVATION BOARD FOR A Tf3RM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Nonc, Commissioner Teele: That's a pocket item, technically, the Clerk is saying. 294 September 13, 2001 7S hMERG>aNCY.ORUINANCE , AIvI9ND ORDINANCE:Tl01ZU;32,AND D!VISIO,N 2 OF' CTITY. COUEXNTI'TLFD� 'COMMUNITY. RENItTAliILATi�s �T "`'TOP OPE ttY REFLECT BOUNDARIES` ; OF ;I�tOIEL C];TY COMMUNITY> REVITALIZATION DISTRCT PROJECT, SET? .FORTI*T PARTGULAR .QUALIFICATIONS REQUIRED-: FORUIl~>CC ADVOCATE MEMBFRa CHANC7E_ TIKEi CANDIDATE A41' QUALII OR NOMINATION AS PVBLIC , ADVQCA'I',E PROVIDE FOt��;LEG�«TION OF, ASND: ABSENT -8i BALTIOTING : FOR PUBLIC ADVOCATE` MEMBER, CHANGE REQUW, MENTS' FQR`.PRO.OR' OF,QUALIFICATilONS AS AN'ELIGIBLE VO�'ER FOR' PUBLIGADVOCATE: Commissioner Teele: OIC. Mr. Attorney, would you read S-1 for the record, please. Note for the Record: At this time, the ordinance was read by title into the public record by the City Attomey. Alejandro Vilarello (City Attorney): And, for the record, I believe there needs to be an amendment in the text of it by the City Clerk, The caption does not need to change in terms of the precincts. Walter Foeman (City Clerk): No. That's the resolution. Mr. Vilarello: OK. Unidentified Speaker: That's the next one. Commissioner Tecle: It's a public hearing. Vice Chairman Gort: Anyone would like to address S-1? Allison Warren: No, it's not a public hearing. Commissioner Sanchez: It's not a public hearing. Vice Chairman Goi•t: Wait, wait, wait. Commissioner Teele: And an ordinance is not a public hearing? Mr. Vilarello: This is an ordinance, 295 September 13, 2004 Commissioner Teele: This is an ordinance. An ordinance is a public hearing. It's an emergency ordinance. Mr. Vilarello: It's been an emergency ordinance, Vice Chairman Gort: Yes. No one conics forward. Commissioner Teele: laid you all get the text straight.? Commissioner `[cele: i would move the item. Commissioner Winton: Second. Vice Chairman Gort: H's been moved and second. It's been read already? Mr. Vilarello: It's an emergency ordinance. Vice Chairman Gort: You read it, right? Mr, Vilarello: Second reading. Comtissioner Tccle: Did you read it? Mr. Vilarello: I just read it. Vice Chairman Gott.: Lie just read it. Commissioner Teele: Yeah. Call the roll 996 September 13, 2001 • An Ordinance Entitled E AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12082 AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO: PROPERLY REFLL;CT THE BOUNDARTLS OF THE MODEL CITY COMMUNITY REVI'T'ALIZATION DISTRICT AND PROJECT, SET FORTH PARTICULAR QUALIFICATIONS REQUIRED FOR THE PUBLIC ADVOCATE MEMBER, CHANGE THE TIME A CANDIDATE MAY QUALIFY FOR NOMINATION AS PUBLIC ADVOCATE, PROVIDE FOR ELECTION OF, AND ABSENTEE BALLOTING FOR, THF. PUBLIC ADVOCATE MEMBER, CHANGE REQUIREMENTS FOR PROOF OF QUALIFICATIONS AS AN ELIGIBLE VOTER FOR PUBLIC ADVOCATE; MORE PARTICULARLY I3Y AMENDING DIVISION 2 OF TIME CHAPTER ENTITLED "COMMUNITY REVITALIZATION," Or THF CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. was introduced by Commissioner Tcele and seconded by Commissioner Winton, 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 Gort Commissioner Tomas Reg alado Commissioner Joe Sanchez Commissioner Arthur C. Teele, Jr. Commissioner Johnny L. Winton NAYS: None ABSENT: None. 297 September 13, 2001 Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Winton, adopted said ordinance by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sunchez Conimissioner.Arthur L. Teelc, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. SAID ORMNANCE WAS DESIGNATED ORDINANCE NO. 12110 The ordinance was read by title into the public record by the City Attorney. 298 September 13, 2001 76 APTR(JU REQYTEST ,0� MODUS CI'1�YIQ1yIE OWNERS .' TRU T T T Iv�IAIvjl'- D�1DE aC�UNTY `$11. ERU1SOR wOF E ;EC2 Q TSfiE PRECINCTS SATE . OF CA'N��D�LS FOR ET)CTT01 4R 1�LJ$LTC: jAD VOCATE LTQ 'IaRY1ST QIP NOVENAR 13,�OQ1'}CI�I'Y ELEC'IONBALO'I, G4NDIIQTID >T?OhiIE: Commissioner Tecle: I would move S-2, which is a resolution calling for the election and authorizing the Supervisor of Flections, including the appropriate precincts slate of officers for the election oCthc public advocate of the trust on Tuesday, November 13th. So moved. Commissioner Sanchez: Second. Walter Foeman (City Clerk): Commissioner, for the record, I need to add one precinct that was omitted this, that was precinct 513. Commissioner Teele: As amended. Commissioner Sanchez: Second, as amended. Vice Chairman Gort: OK. It's been moved and second. Read it. It's a resolution's Alejandro Vilarello (City Attorney): It's a resolution. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. 299 September 13, 2001 0 0 The following resolution was introduced by Commissioner Tecle, who moved its adoption; RESOLUTION NO, 01-940 A RESOLUTION OF THE ,MIAiV1I CITY COMMISSION, WITH A-1-TACIiMENT(S), APPROVING THE REQUEST OF THE MODEL CITY HOME OWNERSHIP TRUST ("TRUST") THAT TILE MIAMI -DADS COUNTY SUPERVISOR OF ELECTIONS INCLUDE AT THE APPROPRIATE.; PRECINCTS A SLATE OF CANDIDATES FOR ELECTION OF A PUBLIC ADVOCATE TO THE TRUST ON THE NOVEMBER 13, 2001 CTI'Y OF MIAMI ELECTION BALLOT, CONDITIONED UPON THE CITY (1) PAYING ALL APPLICABLE, COSTS FOR. SAID ELECTION, AND (2) MEETING ALL CRITERIA SET FORTH BY THE SUPERVISOR OF ELECTIONS OF MIAMI -DADS COUNTY; DIRECTING THAT A SPECIAL ELECTION FOR PUBLIC ADVOCATE BE HELD ON NOVEMBER 13, 2001; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CT.I'Y HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH SPECIAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS THEREOF PURSUANT TO APPLICABLE LAW; AUTHORIZING THE CITY CLERIC TO CAUSE A CERTIFIED COPY OF Tim, HEREIN RESOLUTION TO BE DELIVERED TO THE SUPFRVISOR OF ELECTIONS OF MIAMI-DA.DE COUN'T'Y, FLORIDA. 300 September 13, 2001 E • (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 Wifi•cdo Cort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. recic, Jr. Commissioner Johnny L. Winton NAYS: ABSENT: None, None. 301 September 13, 2001 • 0 77. DECLARE AC_QUISIT'ION OF= PROPERTY LOCATED:vAT 8a2 8�8° Ir10RT)FIWEST_ T`I�IRD : AYEICIE TOE PUBLIC PURPQSE' ANQ `]7I1�tECT- CITY AT'OIZNEY IVIANAGER.TU�TAK ALL STLpS"NECESSARY�FOR SAID ACQLTISIT,ION; MANAGER.: TO UONVEY SAID FROPEILTY TO SOUTHEAST OVERTOWN PA k WEST COMMv ,'U I`TY REDEVELOPM) NT AGFN4Y : (SEOPW/CRAI )~OR PUI�FQS.ES - Oil EXTENDING -PEDl✓STR: A -MAUL _:'AND : FOR PRESERVATION OF 7, >CIISTORiCAL;�, BUILDINGS AND FACADES, CONDITIONED UPON S OPWLCItA RE11VmUI SING CI'l'Y FOR ALL E3i'PENSES FOR SUCH AACQUISITION AND C6NOYANCE; AUTHQ1�iZE CITY ATTORNEY TO�ENQAGE�CQ.UNSEL�i~QR ACQUISITION, $25;000: Commissioner Teel e: Move S-3, which is a resolution relating to acquisition of property. Moved. Commissioner Winton: Second. Vice Chairman Cort: It's been moved by Regalado, Seconded by Commissioner Winton. Any further discussion? Being none, all in favor state it by saying; "aye," Fhe Commission (Collectively): Aye. 302 September l3, 2001 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 0'1-941 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE ACQUISITION OF THE PROPERTY LOCATED AT 842-848 NORTI1WEST THIRD AVENUE, MIAMI, FLORIDA, TO BF A PUBLIC PURPOSE AND DIRECTINGTHE CITY ATTORNEY ANDTHE, CITY MANAGER TO TAKE ALL STEPS NECESSARY FOR SAID ACQUISITION, INCLUDING IF NECESSARY, ACQUISITION BY EMINENT DOMAIN PROCEEDINGS; FURTHER DIRECTING THE CITY MANAGER TO CONVEY SAID PROPERTY TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDFVELOPMENT AGENCY (THE "SEOPW CRA") FOR PURPOSES OF EXTENDING A PEDESTRIAN MALL AND FOR PRESERVATION OF HISTORICAL BUILDINGS AND FACADES, CONDITIONED UPON THE SEOPW CRA REIM13LJRSING THE CITY FOR ALL EXPENSES FOR SUCH ACQUISI'T'ION AND CONVEYANCE; FURTHER, DIRECTING THE' CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY, IN FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;.AUTIIORTZING THE CITY ATTORNEY TO ENGAGE COUNSLL FOR THF ACQUISITION, IN AN AMOUNT NOT TO EXCEED $25,000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vicc Chairman Wifredo Gort Commissioner 'Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur T. Teele, Jr. Commissioncr Johnny L. Winton NAYS: None ABSENT: None, 303 September 13, 2001 .& • & L1 RL t' D,I�SCUSSIOI� QN `INCREASED POYdCE VISISIjTiy TRAFFIC CtALMER NO CUR'NlG ON STTS Fr~7R AREA: `GER1 IO1N �► SUES�I tUIS'I} m l C r t.. . s}•F 4x �01t ,1 T WEST"`TWE 481?1 ��g , T$,.IOR'I'TiAMI ANUE AND I ORfi�T1ST_2I�TD,`AVI,C1`...,... _ Commissioner Teele: Could we defer S-4 to the next meeting, unless you all want to discuss it now? You all want to discuss it now? This is at the request of Mr. Luis Pinelas, I believe, and others. Let's defer this, if you don't mind, please. 1 apologize. I didn't realize -- and we've done the other two, and then one pocket item was done. Vice C,hairnlan Gort: OK. Does that take care of your blue -- your agenda? Commissioner Teele: Yes. 1 would like to make an instruction. Is the Agenda Coordinator available? Vice Chairman Gort: Yes, she is. Note for the Record: Item S-4 was deferred to the next regularly scheduled Commission meeting of September 25, 2001. 304 September 13, 2001 0 • 79. MANA�x1~R �`O.' S IFIEI�ULE ON SEPT MS>ER 25,, 2PgY CO1 IMiiSSION I EETJNCi;' AGENIIA CQNCEItNSI 'RQ' 1V S.. HATT.19'.. fvI,I R L:A A' TO Fil t 1C1]a r1TSa Commissioner Teele: I would request that you place on the agenda, for public hearing, for the meeting of September the 25th, as a public appearance, Ms. Hattie Willis, to discuss certain matters relating to Fire Department incidents. Madam Manager, did you get that, please? Madam Manager'! Dena Bianchino (Assistant City Manager): Yes, sir. Commissioner Tcele: Did you get that? Ms. Bianchino: No, sir. Commissioner Tecle: It was a request that you place an item on the -- (INAUDIBLE COMMENTS) Commissioner Sanchez: We've got to go into a couple of budgets. Off -Street and -- Vice Chairman Gort: OK. Does that take care of ,your personal District 5? Commissioner Tccle: Yes, sir. Those are the morning items. Vice Chairman Gort: OK. 305 September 13, 2001 87 WHE(A) MNAE.TF�OLE~LLEPUR>N WAE 'OLJTGIEDTIE AS TLCSNI QLNZ NETpFFjG- A :. N,E29, TEL�ISIQI$ SETS 'PIZOYIDED T0, SAID `LOTIQNS; `NIS' �B WHA TANDRD IS TRIS PROJECT. GOING T(7 BE 4MEt1aURD, , :TQrEiVS $ ;S LJAL DISTRILt IDN r ;OFz} AFpMEI�iTION$p B( &TlI'IYIETT "'AND r `1�1E�.'7 CA~ItE Y.,+••" l�+rir .L+17Qi nr s ;qk ;, , r P DISPRUSSIQIV ON ANTI DF�ICITaIyCY YI4LAIT YOF 3 9�TvrL1:rIJTO�V INtR1Si{ MANAQEME>tiTT )�UDGE.f Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes, sir. Coin ill issioner Teele: One other budget item that I did not get into because of the change. Mr. Chairman -- and at the next budget hearing, 1 will go through some of the departmental issues, but 1 want to really recalibrate because I think what we did tonight really requires that we make sure that we're sufficient. i was advised in writing, on August 31 st of an anti -deficiency in the amount of three point nine million dollars ($3,900,000). Did 1 say ITD (Information Technology Department)? T meant Risk Management. Carlos Gimenez (City Manager): Yes, sir. Commissioner Teele: But betbre you leave, could you just comment -- we instructed you to deploy the technology in the NFT (Neighborhood Enhancement ']'earn) Offices by contractor; that is, on the technology issues and the fiber optics and the Internet. Is that contract been let and how is that proceeding? Aldo Stancato (Interim Director, Information Technology): What we have -- Aldo Stancato, information Technology. What we've done with the NET Offices so far, we've increased the speed of the lines so we can sit down and move forward, We have purchased the laptops for the inspectors to go out and do the wireless field inspections in that area, and we have the telephones will be coming up. Commissioner Tecle: Now, what was my question? Mr, Stancato: If -- Commissioner Teele: When we held a budget hearing about four months ago in April, May, and there were certain items relating to the technology deployment; there was a motion that instructed you all to deploy the technology in the NET Office by contractors. You remember we were talking about all these different things we were going to do? Has a contract been lel-, to deploy the technology in the NET Offices and do you plan to do it? Mr. Stancato: Some of that has been done. There's more to be done. 325 September 13, 2001 0 0 Commissioner Teele: Could you give us a full report and a rollout schedule, as to when each NET Office and by what standard it's going to be equalized? Because 1 know what happens. It's going to mean, you know -- did you start with the Little Haiti NET, for example, that has had the least of all the NET Offices historically? Mr. Stancato: 1 -- Commissioner Teele: Well, I really would appreciate if you would. Mr. Stancato: I will let you know. I don't have that infornnation today. Commissioner Teele: Do all NET Offices have access to NET a? Mr. Stancato: Yes. Conlin iss ioner Teele: You're absolutely certain that all NET Offices have access and televisions. for NET 9? Mr. Stancato: I don't know about televisions, but I -- you know, l know that the AT&T (American Telephone & Telegraph) is -- brings the cable to all of the City facilities. Commissioner Teele: Well, would you make sure that you work with the -- whoever's doing this thing with AT&T Broadband. Because I really do think that it doesn't make a lot of sense for us to have a NET 9, to have Commission meetings, and things that -- you know, [lie NET staff can't be a part of what's going on, both at City Hall' and as a part of the informational flow. So -- 1 mean, I just would respectfully request that, and that all NETs be treated relatively equal in that regard, please. Mr. Stancato: Yes, sir. Commissioner Teele: Thank you. Madam -- Mr. Chairman and members of the Commission, this Commission was informed of a violation of the anti -deficiency notice of about -- of approximately three point nine million dollars ($3,900,000) in the area of Risk Management Budget. Is the Director of Risk Management -- did you prepare the notice that was sent out as required by the ordinance? Mario Soldevilla (Risk Management Administrator): Yes, sir. Commissioner Tecle: Is it your assessment that we do have an anti deficiency in your department of three point nine? Mr. SoldeviIla: Yes. Yes, we do. Commissioner Teele: And have you taken all the steps that you think that can be taken anti is your budget adequately funded for next year? 326 September 13, 2001 • Mr. Soldevilla: Yes, it is. Commissioner Teele: -- to ensure that we won't have an anti deficiency next year: Mr. Soldevilla: Yes. This is as a result of -- basically, was a result of two claims, two large claims, and have increases in the health insurance that we needed to cover. Commissioner Teele: Well, it says there was a vehicle liability insurance exceeded the budget by one point six million dollars ($1,100,000). Commissioner Teele: So, you didn't talk about that just then. So, what's going on here? Mr. Soldevilla: Well, two large claims. That was one of them. That was the Ortiz claim. We had to pay one point four million on that. There was another claim, where we had one point six million that was approved. The other reason was that we moved several moneys from tile, different coverages to cover the group insurance for the health insurance deficit that we had. Commissioner Teele: This Commission considered the Ortiz. claim, is that not right? Mr. Soldevilla: Yes, sir. Commissioner Tccle: Did you come forth or did you advise anyone on the staff that you were concerned about the anti deficiency implications, when the Attorneys and the Manager were recomrrrending that we approve it? Mr. Soldevilla: Well, what liappcned with that -- no, sir. The funds were supposed to have been set aside. The total claim was for five million dollars ($5,000,000). The City had the money. it was set aside. .It was just not appropriated in this year's budget. Commissioner Teele: Well, the question, though, and why we go through (his, in away, is we're relying upon the Manager, but he's relying upon department heads, and rather than ask every department head to come up and say that the Manager has adequately funded your budget -- .I mean, if you were relying upon an appropriation that we didn't make -- Mr. Soldevilla: No. The appropriation -- Commissioner Tecie: -- but we had no way of knowing we didn't do it. Mr. Soldevilla: No. The appropriation was made. T mean, you approved -- the settlement was approved. Commissioner Teele: Right. Mr. Soldevilla: The timing of this was thatit had to go before the state legislature in order to get a claims hill passed. That took two years to go through. And what we -- what was budgeted was the one point two million dollars ($1,200,000), which was suppose to have been paid during; that 327 September 13, 2001 initial year. The one point four million was to catch up because of the times -- the time lug that it took the legislature to approve that bill. Commissioner Teele: Well, let me just say this. I appreciate you coming forth today and at icast being conversant and knowledgeable, and that's really what I want to ►nakc sure, is that you understand -- the budget director is busy trying to get you off the hook and trying to speak for yotr. And I appreciate her energy in this. But the goal that we have is to make sure that every department head knows that it's up to them to yell loud and clear to the Budget Director and to the Manager. And if they don't listen, to the Commission, if we are not funding your budget based upon what your professional judgment is. And I'm very grateful that the Manager and the Budget Director and yourself came clean. And as far as I'm concerned, you deserve some commendations for being honest and forth right, and 1 appreciate you helping us keep our budget adjustment. And I should also note, just for the record, that (lie Manager indicates in his budget that, notwithstanding the anti -deficiency or the deficiency, both the management of budget and the Manager forecast a balanced budget for the end of the year, and that's really the bottom line, is getting all of it. But what we're trying to do is get each department head to understand that you can't hide stuff from the Manager or from us, or let the Manager order you to !ride something and not take-- have the professional responsibility. 'thank you very much. Thank you, Mr. Manager. Vice Chairman Gort: Okey Joke. I need to -- before we go into pocket items, i need to have -- there are no vetoes from the Mayor's Office. Should have said that this morning. Commissioner Regalado: There would have been. There would have been. Commissioner Sanchez: There would have been. Commissioner Regalado: There would have been. Vice Chairman Gort: 'Chat's why we want to make sure there was none. We need to move oil the minutes. Mr. Clerk, you want to mention which minutes? I don't have mine. Walter Foeman (City Clerk): Yes. The minutes -- planning and zoning minutes of April 27, 2000, planning and zoning meeting of May 25, 2000, regular meeting of June 8, 2000, planning and zoning meeting of June 29, 2000, special meeting of July 11, 2000, planning and zoning meeting of July 27, 2000, regular meeting of September 24 -- I'm sorry. September 14, 2000. Vice Chairrnan Gort: Is there it motion? Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: All in favor state it by saying "aye." 328 September 13, 2001 • The Commission (Collectively): Aye. Vice Chairman Gort: Thank you. 329 • September 13, 2001 88,. BRJEF 'COMMENTS BY COMIVIISSIQhTkR 1'EELE CQ141M-ENDIN0 21 PAI(2TIVI NT': OF INF fMPLN�Ei\iTATION OF FTR GQLD SYSTEM.:FOR, CITY.GLF K'5 OFFICE +. _ Vice Chairman Gort: We have pocket items. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner Teele: Just one quick item. Before we go to this, since ITD (Information Technology Department) is here, 1 notice that the Clerk's Office has got some new fangied gadgetry, and I think it would be good if the Clerk would just put on the record what's going on. here. I don't know if you can see it; Commissioner Regalado, if you can just sort of lean back. But the NEC -- Walter Focman (City Clerk): This is the next generation of technology, which will eventually replace our cassette tapes in the chambers. This is our digital recording system. Some time in the beginning of next fiscal year, we will be -- Commissioner Sanchez: It's called "high tech." Mr..Foennan: -- bringing a special revenue -- an ordinance establishing a special revenue fund, which will allow the public to access voice recordings on the web. The other good benefit about this is the department will now be able to access voice recordings through the network, Commissioner Teele: And what that means is, it will save a lot of time of staff of clarifying -- Mr, lioeman: It's time efficiency. Commissioner Teele: What was approved and what wasn't, and what the debate was. And, again, I think this is a compliment to the IT (Information 'Technology) task force, and the director, the Manager, the consultants, and, of course, the Clerk's staff. Ultimately, the goal is to be online with a system that anybody in the public can just, through the Internet, just come in on and literally listen to a portion of a Commission meeting or proceedings or download it with a hard copy, is that correct? Mr. Foeman: That is correct. 330 September 13, 2001 89. AUTH`OIo& WAIVER OF UL FEES ANo i?ERMITS RELATED TO INSTALLATION - OF SCURITY`,.SYSTEMiFOR ABUSED WOMEN'S ,,CTM✓" RESPONSE $NIE1tGENCY (AWARF,)-PROOi( IBY;AD:T SECURITY SERy,ICES;;INC, .,<,'' Commissioner Winton: What's the next item? Commissioner Tecle: Pocket. Commissioner Sanchez: Pocket items. Commissioner Winton: Pocket items. Commissioner Sanchez: Do you have one? I -- Commissioner Winton: 1 probably have a couple. Go ahead. Commissioner Sanchez: 'Thank you. My pocket item, although I don't usually waive fees. I believe this is for a great cause. It's to assist the abused women active-- the AWARE (Abused Women Response Emergency), it's a program for abused women, And i respectfully request the City Commission consider waiving all fees and pennits related to the installation of security system and emergency necklace pendants by ADT (American District Telegraph) Security Service, Inc. as part of their Abused Women Active Response Emergency Program, "AWARE." They have donated everything and now what they're asking for is that the City waive the fees. So moved. Commissioner Regalado: Second. Commissioner Winton: Well, wait. 1 need to understand this. Raul Martinez (Chief o.f Police): Commissioner, Raul Martinez, Chicf'of Police. Let me explain to you what it is. ADT and us have former partnership. When we identify an abused woman, who has a stalker that's going alter her, they will donate a free alarm service with a panic button, you know, that will notify police -- Commissioner Winton: Oh, to their house. Mr. Martinez: -- that they're being attacked. To their house. But there's a fee that we charge people for allowing permits, but for this specific case, we're asking the Commission to allow us to waive that, permit fee that we charged. Commissioner Winton: I understand completely. I am very clear now. Commissioner Sanchez: Because a lot of these individuals don't have the funds. Commissioner Winton: I'm all in favor. No, I'm clear on this. This is very -- 331 September 13, 2001 Commissioner Sanchez: So, this is a worthwhile waiving fee. Commissioner Winton: I'm clear. OK. We have a motion and a second. Discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign oppose. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-950 A RESOLUTION OF THI: miAM1 CTfY COMMISSION AUTHORIZING THE CITY MANAGER TO WACVE ALI, FEES AND PERMITS PERMISSIBLE BY LAW. RELATED TO THE INSTALLATION OF SECURITY SYSTEMS AND EMERGENCY NECKLACE PENDANTS IN RESIDENCES OF BATTERED OR ABIJSED VICTIMS BY ADT SECURITY SERVICES, INC. AS PART OF THE ABUSED WOMEN'S ACTIVE RESPONSE EMERGENCY (AWARE) PROGRAM. (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 Chainnan Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L, Winton NAYS: None. ABSENT: None. I 332 September 13, 2001 a0. APPROVE CITY'S COSPONSORS1iIP OF A THE BLOGR>PQGRA.'M, EVENT SCHEpUlvED `FOR-;SEFTEMHER 29; 26p1 AT�'HEL uMISSION' Y' r0 PRnV1DF AS5IS�AI�TCE O IIGQM1A*LZ.Y DIS* -V N0QTAGED; �OPi7L,A 'AN TI ROUGHOCJT f ;,: s,. Commissioner Winton: You have any other pocket items, Joe? Commissioner Sanchez: No, sir. `thank you. Commissioner Regalado: I have. Commissioner Winton: Tomas. Commissioner Regalado: 1 have a pocket item to adopt -- the block program has been providing assistance to the economic disadvantage population throughout Miami -Dade County. And on September 29, of the year 2001 Bethel Missionary will sponsor a one -day event, in the City of Miami. And I just -- I'm proposing that the City will co-sponsor this event, so we can waive the ]ccs of the show mobile. They will pay for the personnel and any other and all expenses, but the show mobile rent will be waived, And this is my -- one of my pocket items. I alove it. Commissioner Teelc: Second. Commissioner Winton: We have a -- Commissioner Tecle: Trow much is the cost of the show mobile? Commissioner Regalado: Two hundred. Commissioner Teele: Two hundred dollars ($200)? Albert Ruder (Director, Parks & Recreation): The cost of the show mobile is twenty dollars ($20) per hour, with a minimum of four hours, I'm not sure how long this event is. Vice Chairman Gort: Bayfront can provide it. free. Mr. Ruder: And then there's a labor on top of it, which this group is going to pay, Vice Chairman Gort: Bayfront can provide it free. Commissioner Sanchez: Bayfront Park can provide it for you for free. Commissioner Regalado: Huh? Commissioner Winton: So, we have a -- Vice Chairman Gort: Bayfront Park can provide -- 333 September 13, 2001 Commissioner Tccle: The show mobiles? Commissioner Sanchez: Yeah. We've got a stage. Commissioner Regalado: September 29th, Commissioner Winton: We have a motion and a second. Discussion. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Commissioner Winton: Like sign oppose. Motion carries, The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 01-951 A MOTION TO APPROVETHE CITY OF MIAMI'S CO-SPONSORSHIP OF ADOPT THE BLOCK PROGRAM EVENT SCHEDULED FOR SEPTEMBER 29, 2001 AT BETHEL MISSIONARY TO PROVIDE ASSISTANCE TO THE ECONOMICALLY DISADVANTAGED POPULATION THROUGHOUT MIAMI-DADE COUNTY. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifrcdo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur F,. Tcele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 334 September 13, 2001 9F1: DEFER CONSA7�RATION 'OF OROPOSED iNJUXCTIVE--RBW1EF FOR PURPOS&OF CLEARING DE$.IZIS AT 4865 :NOR,THVIST 7 SmREET.; ' , Commissioner Regalado: OK, The other pocket item is a resolution of tilt Miami. City Commission authorizing the City Attorncy to seek injunctive relief for the purpose of clearing debris at 4865 Northwest 7th Street, Miami, Florida, so long as there exist inadequate remedies that conic along and the likelihood of irreparable injury if the injunction is not granted, -Further authorizing the City Attorney to seek any and all alternative remedies for the purpose of clearing (lie debris at 4865 Northwest 7th Street, and authorizing the City Attorney to initiate foreclosure action against the property at 4865 Northwest 7th Street for any outstanding liens related to Code Enforcement or lot clearing costs at a time permitted by applicable law. This is the resolution prepared by the Law Department, that I'm moving it }locket item. (COMMENTS OFF THE RECORD) Commissioner Winton: Excuse me. Excuse mc. Vice Chairman Gort: Hold it. Commissioner Winton: You're back. it's all yours. Vice Chairman Gort: There's a motion. Commissioner Sanchez: What? Commissioner Tecle: What are we doing here, Mr. Attorney? Commissioner Winton: 'That's what ••- I haven't -- Commissioner'fcele: Mr. Attorney, Commissioner Winton: I have no idea. Alejandro Vilarello (City Attorney): There is a property that the City has cited through the Code Enforcement property, and they arc continuing -- the fine is continuing to run. However, they've not cleared up the debris, and it does create a health safety hazard. And this authorizes us to go to court and seek injunctive relief -- Commissioner Winton: I'm (INAUDIBLE), Mr. Vilarello: -- ask the court to remove. Commissioner Teele: it doesn't mandate it. It authorizes you to do it, right? Mr. Vilarello: Yes, sir, 335 September 13, 2001 i 0 Commissioner Regalado: (INAUDIBLE) to go to court. Commissioner Tecle: It authorize. Commissioner Regal ado: 'ro sec if the court -- Commissioner Teele: It doesn't order you to court. It authorizes you to court. Commissioner Winton: Do we have to have resolutions to do that? I mean, why isn't that just automatic? Mr. Vilarcllo: To take affirmative action, yes. Commissioner Winton: Yes. Mr. Vilarcllo: Yes. L Commissioner Winton: I mean, that should be just process. Mr. Vilarello: We can prepare a general resolution for you to authorize its to proceed in each and every action. However, we don't -- the City Charter doesn't provide for that unless directed or authorized by the City Commission. Commissioner Winton: Oh, I think you ought to bring something back to us. 1 mean, that's part of the problem in this City. You get these damn lots built up and people do all kinds of junk, and it's what drives our whole neighborhood in the tank, and we need to be aggressive, aggressive, and get the bad guys. Vice Chairman Gort: Your Charter Review Committee to -- Coininissioner Winton: We're a little late. We've already approved it. Vice Chairman Gort: Yes, sir. Peter Schwartz: May T be heard, honorable Commissioners` Vice Chairman Gort: Go ahead. Mr. Schwartz: My name is Peter Schwartz. I'm here on behalf of Towers of Flue Lagoon, in illy capacity as an officer and director of that company. I'in accompanied by Caroline Weiss, who is also an officer and director of that company. The subject matter that was raised in this resolution is now the subject inatter of pending lawsuit that we have brought against Code Enforcement, dealing with the material that's located on our property, waiting for a back field permit to be put into the submerged land that we own -- the submerged land that we own. Tlic case number -- the case in question is the Towers of Blue Lagoon, Inc., appellate petitioner, versus City of Miami Code Enforcement, appellee, respondent. Case number 01-146 AP. Therc is oral argument -- 336 September 13, 2001 r 1 0 there is a notice of hearing with oral argument scheduled for September 19th, 2000, at 3:30 P.M. 2001. The issues contained in the lawsuit deal specifically with material that has been deemed by DERM (Department of Environmental Research Management), recognized by your Code Enforcement people as clean fill. We are waiting for landfill permits to back fill the lake. We have submitted to you. today a letter we received from Dennis Wheeler yesterday, at around I l o'clock, and we have not been able to prepare for this hearing. However, we do have all of our applications that have been submitted to the various agencies necessary to approve the land fill, as late as September 11, we have transmitted our correspondence to the chore of engineers for their final review and approval for public notice, and there -- Commissioner Winton: Peter, is this your properly that we're talking about, this 48 -- Mr. Schwartz: This is - it's a property located on Northwest 7th Street, on Blue Lagoon. And this is it case that's been in front of Code Enforcement, It's premature to have any resolution passed. Commissioner Winton: I don't think that answers my question. Who -- are you representing someone that owns that -- the property that the address that Commissioner Regalado read out? Mr. Schwartz: it's owned by the towers of Blue Lagoon, and I'm an officer and director of that company. Commissioner Winton: OK. All right. Caroline Weiss: If I may, 1 would like to address the matter also. Commissioner Winton: You have to go to the microphone. Ms. Weiss: My name is Caroline Weiss, and I live at 3187 Royal Road, Coconut Grove. By the way, my taxes were doubled from 40,000 to eighty thousand dollars ($80,000) a year at Home. Just for the record about taxes. This package has been presented to the City Attorney -- Walter Foeman (City Clerk): I need the mike -- Ms. Weiss: And this package will be presented to Mr. hoenian for the record. This package that Mr. Regalado has and the City Attorney will reflect the due diligence that we have been taking to prepare and complete the fill perm t. Everything has been completed. Everything has been paid for. All answers have been met. All qualifications as to the property, the water quality, all laboratory tests, all of the tests bore has been done for this property. And we have been acting diligently. Mr, Teele, I'd like to complete this here, because I have spent a lot of money. And tliis is not just a lot of paperwork. I've spent over seventy thousand dollars ($70,000) in trying to get this done, and as you know, in filling out land, it takes a little bit of time to get the job done. The package that Mr. Regalado have and the City Attorney, which also the appellate court have, will be entered as part of the record, together with the case number. 1 would like to request that the Commission not vote oil this matter tonight, because in five days, it will be determined by the 337 September 13, 2001 courts exactly to the out come of this matter, and the hearing is scheduled for September the 19th. Commissioner Toole: Motion that we defer the matter until September 25th. Ms. Weiss: OK. Thank you. And then by that time we'll know what the results. Commissioner Toole: if Commissioner Regalado will agree to it. I mean, if he doesn't agree to it, I'm not going to move it. Commissioner Regalado: No. I just want to find out. They say -- they said that they're suing Code Enforcement? How can you sue code Enforcement? Mr. Vilarello: Well, they can -- they're appealing an order of the Code Enforcement Board. However, the order is in place. Commissioner Regalado: Oh, i see. Mr. Vilarello: And there is no stay in that-- in the implementation of that order. The -- what you have authorized us -- my office to proceed on -- Commissioner Teele: No, no, we didn't do any -- we have a motion and a second. And what I would like to do is allow the parties to go to court and come back here. And if it isn't done on the 25th, let Commissioner Regalado continue to move the action. Commissioner Regalado: i don't have any problem, but the only problem is that we need to send a message to the people that have liens and fines running on Code Enforcement, and this case has been going on for like -- we're talking. Mr. Vilarello: A long time. Ms. Weiss: Last year, October. Commissioner Regalado: October of -- Commissioner Toole: For a year. Mr. Schwartz: Fora year. Commissioner Winton: Yeah. Commissioner Rcgalado: For a year, But for a year, they have been waiting for the DERM permit that never -- so, I'll just wait for the 25th, and we'll see what's the resolution of the court. Vice Chairman Gort: i have to tell you, though, I've had a lot of complaints fi-om the neighborhoods in that area because all the debris this. I don't know -- now you're saying that -- 338 September 13, 2001 Ms. Weiss: Well, you know, Commissioners, I'm between a rock and a hard place. I have a piece of property that I have been paying taxes on. At the same time, as the owner of the property, I don't have the right to put a gate, because there's a court order. So, what am I to do? I have now a permanent container that's costing me almost fifteen hundred dollars (51500) a month to take up all the people's garbage. A container on (lie side, because people is there dumping. I'm between a rock and a hard place. I can't close my property. Commissioner Winton: And that's part of what this -- Commissioner Teele: Well, we just -- we're about to move the rock for ,you, so you're a little more -- Commissioner Regalado, No. But the problem of the rat -- you know, the rodents that go into the building -- Ms. Weiss: Adjacent neighbor. Mr. Schwartz: If l could clarify that a little bit. Is this - Commissioner Teel c: But you know ~ghat, why don't we --you all just take the deferral and this will -- Ms. Weiss: I just heard Mr. tort's answer. Vice Chairman Gort: Go ahead. Thank you. Ms. Weiss: Thank you. Commissioner Winton: So we've bot a deferral. Vice Chairman Gort: There's a motion to defer until the 25th. All in favor state it by saying :'aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Tecle, who moved its adoption: MOTION NO. 01-952 A MOTION TO DEFER CONSIDERATION OF PROPOSED INJUNCTIVE RELIEF FOR THE PURPOSE; OF CLEARING DEBRIS AT 4865 N.W. 7 STREET, MIAMI, FLORIDA, UNTIL THE COMMISSION MEETING OF SEPTEMBER 25, 2001. 339 September 13, 2001 • 0 Upon being seconded by Commissioner Regalado, 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. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 340 September 13, 2001 ■ 0 92 RAT(FY, APPZOVE AND CONkIRM 1Vl`ANAGE'a' FIND G OF EMEIGI~rCY AND; VVA�'VE,-F01MAL, COIVSPETITIVE SEAI. D BIDDING FROFaD iE, _-AUTHORIZE MANAERI'O,PUR�IASE�AMEI�1N FLAGS�Fit4I VARIOUSFTTD,Q�S1O,QOQ� ROR DISTIBLJIAN r A ' ° '' pF FIrAGS TO CITY IiES�III�1TS AND : EMA1�0�5 TO PRO T I IbP 'D; EX ,F GITY'S SQ ,IDAi TY AND€ sLI7PPQi ' F.EOPT, ' OF"-IMTE STITES C01'10ERN.ING TEbR�ST; ACI '3;' TAI{`7 A1�INS1a CNITtELi:'STTES'ON S�£i?TEMBFR 1'1'200: Vice Chairman Gort: Any other items? Commissioner Winton: I have a number -- Vice Chairman Cort: 1 have a whole bunch from the administration. Commissioner Winton: You want me to do mine? Coin inissioner Teele: May 1 do mine, then? I'm son -y. Go ahead. Commissioner Winton: No. (INAUDIBLE:). Commissioner Teele: This is a resolution of the City Commission by a four-fifths vote, affirming the vote, ratifying, approving, and confirming the City Manager's finding of an emergency, waiving formal competitive seated bids procedures; authorizing the City Manager to purchase American flags from various vendors in an amount not to exceed ten thousand dollars ($10,000) for the distribution of flags to the -- Commissioner Winton: So moved.. Commissioner Teele; -- City residents and employees; to proudly display and express the City of Miami's solidarity support of all of the people of the United States concerning the devastating terrorists acts taken against the United States on September 11th; allocating funds from account code as stated in the resolution, and for said purchase; and further directing the Manager to distribute the flags as he deems appropriate. Conunissioner Winton: So moved. Vice Chairman Gorl: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: All in favor state it by saying "aye." The Commission (Collectively): Aye. 341 September 13, 2001 • • The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-953 A RESOLUTION OF THE MIAMI CiTY COMMISSION BY A FOUR -FII -THS (4/5TH') AFFIRMATIVE VOTE RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND WAIVING FORMAL COMPETITIVE SCALED BIDDING PROCEDURES; AUTHORIZING THE, CITY MANAGER TO PURCHASE AMERICAN FLAGS FROM VARIOUS VENDORS, IN AN AN10UN- NOT TO EXCEED $10,000, FOR DISTRIBUTION OF THE FLAGS TO CITY OF MIAMi RESIDENTS AND EMPLOYEES TO PROUDLY DISPLAY AND EXPRESS THE CITY OF MIAMI'S SOLIDARITY AND SUPPORT WITu1 ALL PEOPLE OF THE UNITED STATES CONCERNING THE DEVASTATING TERRORISTS ACTS TAKEN' AGAINST THE UNITED STATES ON SEPTEMBER 11, 2001; ALLOCATING FUNDS FROM ACCOUNT CODE NO, 001000.921002.6.289 FOR SAID PURCHASE; FURTHER DIRECTING THE -1 CITY MANAGER TO DISTRIBUTE THE FLAGS AS DEEMED APPROPRIATE. (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 Arthur E. Tcele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Teele: And it's my understanding that the majority -- that there is a limitation on flags in the community right now. Obviously, no airplanes are flying, and we're specifically requiring that the vast majority of whatever flags we can assemble be available for the Mayor's -- Frank Rollason (Director, Building & Zoning): Right. That's what -- Commissioner Tcele: -- activities. Mr. Rollason: We're between those two operations. So, we'll do that for tomoT w night. Commissioner Tecle: Tomorrow at 5:30, 342 September 13, 2001 Mr. Rollason: And then once we let the other ones, we'll make them available to the public through NET 9 at the MRC (Miami Riverside Center) and other places. Commissioner Winton: Arc all of them going to be this sine'? Commissioner lZegalado: Excuse me. Carlos Gimenez (City Manager): But we also want to look at getting some that go on cars. Commissioner Teele: Yeah. Mr. Rollason: Yeah, right. Vice Chairman Gort: I got mine already. Commissioner Teele: T think it's a great opportunity for Miami to show some real -- Commissioner Regalado: How many you have? Commissioner Winton: Ten thousand dollars ($10,000) worth. Mr. Gimenez: There were ten thousand available. Commissioner Teele: Six hundred flags, right now, have been identified in the City. Is it five hundred or six hundred? Mr. Rollason: We got -- we ended up with seven hundred that we were able to get our hands on, six hundred of which are like this and one hundred are the cars. Commissioner Teele: Good. Well, 1 would hope also that City cars will be issued, as well, so we can -- 343 September 13, 2001 • 0 .. 93. REQUEST ;DEPARTMENT OF OFF=STRE9T _ARKN.G WORK WLTII REPRESBNTATNES OF..:MIAMI DESIGN'?,L STRICT ��2001 'SA e' LAE SALE TO WORK; OUT ACG,CEPTABLE PLAN OF ACTION TO` PROVIDE- 4F mE.,PA�iKTNG 'TO CUS'''OME tS ANIa VISI'�QRS TO EVIrNT SCHEDULED FOR:FRIDAY, SEFT)r11BFR'21 THgCIGHw S`ATLTRDA�'� SEPTENIHR 22,7QQ1','`AND` I�EQTEIAT DPAR,TiVIENT+SOF OFF ... STREET' ; R` NoPROVIDF�REPORT,ON PI,�N: OYACT�ON. Commissioner Teele: This is a resolution requesting that the Department of Off. -Street Parking work with the representatives of the Miami Design District regarding the Sample 2001 Sale and to work out an acceptable plan to provide free parking to customers and visitors to events scheduled for Friday, September 21", and Saturday, September 22nd, from 9 a.m. to 5 p.m.; and further requesting the Department of Off -Street Parking to provide a report on a pian of action or an after -action report for the Commission meeting scheduled far 'Tuesday, September 25th. This action -- this resolution has been approved by Mr. Noriega, and it is something that he and the Police Department are comfortable working with. Commissioner Winton: So moved. Commissioner Sanchez: Second, Vice Chairman Gort: It's been moved and second. 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. 01-954 A MOTION REQUESTFNG THAT THE DEPARTMENT OF OFF -S'T'REET PARKING WORK WITII THE REPRESENTATIVES OF THE MIAMI DESIGAI DISTRICT 2001 SAMPLE SALE TO WORK. OUT AN ACCEPTABLE PLAN OF ACTION 1'O PROVIDE FREE PARKING TO CUSTOMERS AND VISITORS TO THE EVENT SCIIEDULED FOR FRIDAY, SEPTEMBER 21 TIiROUGH SATURDAY, SEPTEMBER 22, 2001, FROM 9:00 A.M. TO 5:00 P.M.; AND FURTHER REQUESTNG THAT THE DEPARTMENT OF OFF-STREET PARKING PROVIDE A REPORT ON A PLAN OF ACTION AT THE COMMISSION MEETING SCHEDULED FUR 'TUESDAY, SEPTEMBER 25, 2001. 344 September 13, 2001 • 0 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. Tcele, Jr. ComrnissionerJohnny L. Winton NAYS: None. ABSENT: None. 345 September 13, 2001 • 94, SST TIME +CEitTAIN "AT BUAr-�E7'° 2Q01 'FQR PUI3)"�� IEARII�G TQ ALLO' T s7IFy_ :x iNG; I ECo�%tM • 7. TrITTUE;HAIf - ; Commissioner Tecle: This is a resolution. Commissioner Regalado: Just a question. Arc you going to pay from your budget? Commissioner Teele: No. What Mr. Noriega said is, lie wanted to take another look at it, And on the 25`x, if it requires money frons various budgets, he'll come and make that, and that will happen at that time. I need every dollar you got. This is a resolution setting a time certain of 7 p.m. at the budget hearing scheduled for Tuesday, September 25`x`, for the public hearing, to allow public participation, and speakers to testify to the recommendations, and the interim final report presented by the Little Haiti Park Working Group for a first-class park complex in the Little Haiti arca, pursuant to resolution ROI -604. All we're doing is just sort of setting a time certain. And I would anticipate that about 10 to 15 people would like to be allowed about two minutes each. So moved. Commissioner Winton: Second. Vico Chairman Gort: Any further discussion? Being none, all in favor state it by saying "aye." The Commission (Collectively) "Aye." The following motion was introduced by Conunissioner Teele, who moved its adoption: MOTION NO, 01-955 A MOTION SITTING A TIME CERTAIN OF 7:00 P.M. AT THE BUDGET HEARING SCHEDULED FOR TUESDAY, SEPTEMBER 25, 2001 FOR A PUBLIC HEARING TO ALLOW PUBLIC PARTICIPANTS AND SPEAKERS TO TESTIFY REGARDING TI3E RECOMMENDATION AND FINAL REPORT PRESENTED BY THE LITTLE HAITI PARK WORKING GROUP FOR A FIRST CLASS PARK COMPLEX iN LITTLE HAITI, PURSUANT TO RESOLUTION NO. Ol -604. 346 September 13, 2001 Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner. Tomas Regalado Conunissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 347 September 13, 2001 • 95., REQUEST THAT CITY ATTOIi MEEY AND MANAGER P PARE REPORT, ANP-` A.PPR6PRIkTj3,j- INCLUDE NECESSARY LFC�ISLATIpNaETO Pi OVIDIr EOR i?1VE YE°AR TAX. ABA, T'JO FNT TO SHOI�PES. Off' LU3ERTY CITY# (LOC�►TED AT 1:100 1:1'8ti, 'NORTHWEST'S4 STREET), Commissioner Tccic: And the final one is a resolution requesting that the City Attorney and the City Manager prepare a report and, if necessary, prepare the appropriate necessary legislation to provide a five-year tax abatement for the shops at Liberty City and the report is to be presented and reviewed by the Commission on the - at the October 1 lth, 2001 City Commission meeting. I would so move. Commissioner Winton: Second. Are we allowed to do that? Commissioner Tecle: Well, I'm going to be very honest with you. This is a very complicated area. It can only be done in certain areas, under state law and under, i think, the Empowerment Zone and certain other things. This City has not done very much in this area, and part of what I'd like to know from the attorney is, how -- what is our history, what have we done. And we'd like to look at what the recommendation, of course, is fi•om the Manager, But the shops are clearly having a difficult time right now and it's just something 1'd like to bet it report on and a copy of the County ordinance that provides the abatement is included. Commissioner Winton: We have an answer for it. Alejandro Vilarello (City Attorney): We can incorporate that in our report. As you know, and on the November election, you are having a question -- you have a question going before the electorate that would authorize tax abatements. And then, subsequent to this -- the approval of ilia(, you could consider such an application within the City of Miami and the Empowerment zone. Commissioner Winton: And, you know, there's a point about that. That's part of the selling we all need to be doing as Commissioners when we're talking to constituents. That's a Hugely valuable tool that we really need to get tasked, because 1 think: you can do a lot for economic development all over our City, if we get this -- if we get that -- what's it called, an ordinance? Or whatever -- l mean, that thing passed. Mr. Vilarello: The referendum. Commissioner Winton: Referendum. ']'hank you. Mr. Vilarello: And 1 said Empowerment Zone. I meant Enterprise 'Lone, Vice Chairman Gort: All in favor state it by saying "aye," The Commission (Collectively): Aye, 348 September 13, 2001 The following motion was introduced by Commissioner Teele, who moved its adoption: MO'l'ION NO. 0 1 -956 A MOTION REQUESTING TIlAI' THE CITY A 1"fORNEY AND CITY MANAGER PREPARE' A REPORT, AND IF DEEMED APPROPRIATE, INCLUDE NECESSARY LEGISLATION' TO PROVIDE FOR A FIVE YEAR TAX ABATEMENT TO THF, SHOPPES OF LIBERTY CITY (LOCATED AT 1100-1186 N.W. 54 STREET) TO BE PRESEWED AND REVIEWI?D AT THE OCTOBER 11,"_'001 CITY COMMISSION MEBTTNG. 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. ABSENT: Nonc. 349 September 13, 2001 96. COMMISSIONER TEEL1 : QrtJESTIQNED` PO9'SIBI ;ITY LpF GANGING ORDER''pr CHARTER AMENDMENT QUESTIONS > ON ELEC BION BALLOT ` OF IOVEIVIBER 6, 2001. ,w Commissioner Teele: One question. Mr. Attorney, Mr. Clerk, has the ballot, itself, been set'? i mean, can you -- how many ballot items have we put on for September the -- I mean, November the 6th? Alejandro Vilarello (City Attorney): Commissioner, we did this one earlier. Refcrendam questions don't have that window of requirement. So, we did that, I believe, in May or June. Walter Foeman (City Clerk): Yeah, i believe it was ,tune, Commissioner Teele: But we don't have back from the Clerk yet t.hc -- who gives the ballot order? ".That's something that we can do that we never really did, and that's something that -- Commissioner Winton: You know, one, two, three, four, five. Mr. Foeman: Yeah, actually that -- you want to address that? The Attorney's Office has already -- it was included in the legislation, the order, for the Charter amendments, as well as the referendum issues. Mr. Vilarello: And we did it in the order that you adopted. Commissioner Teele: So, what -- what's the first item? Mr. Foeman: 'The first referendum item is Corn mi ss ioner 'Feel e: What's the first item on the ballot? Mr. Foeman: Well, the Charter amendments are first, and then they're preceded by the referendum issues. So, the global Charter amendment would be the first item as relates to the Charter issues. Commissioner Tecle: What is the Citizens Independent Panel, is that the first item? Mr. Focman: No. Vice Chairman Gori: First you get the vote on the elected officials, the people running for office, and then the last is the amendments. Commissioner Teele: No, I'm talking about the issues on the ballot, not the -- Mr. Foeman: As relates to the Charter amendment issues, the global Charter amendment issues the first issue on the ballot. 350 September 13, 2001 Commissioner Winton: But there's three of those. Mr. Foeman: Yeah. Commissioner Winton: Three questions, Mr. Foeman: There's three, Commissioner Winton: Three questions. So, they'll be one, two, three, is that right? Mr. Foeman: They've already been identified in the legislation. Commissioner Winton: But do they have a number already'? Mr. Foeman: Yes. Commissioner Winton: Are they numbered one, two, and three? Mr. Foeman: Yes. Commissioner Winton: And then what's the -- (COMMENTS OFF THE✓ RECORD) Commissioner Winton: What's that? Commissioner Rcgalado: No, no, they are not one, two, three. No, no, no, no. I-Ie's asking what number, three hundred and three zero seven. Commissioner Tecle: No, no. They will have ballot item number -- they will have question number one -- Mr. Vilarello: Charter Amendment Number l will be the Global Charter Amendment. Commissioner Rcgalado: Charter Number 2, and Charter Amendment -- Mr. Vilarello: Charter Amendment Number 2 is -- Mr. Foeman: The salaries for the Coin missioncrs, Commissioner Winton: Public lands. Mr. Vilarello: Three would be the one related to property, 29A, B, C, and D; 4 is the Citizens Investigatory Panel; 5 is -- Mr, Foeman: No. Then the next would be referendum issues. 351 September 13, 2001 Commissioner Teele: The reason that I'm asking is, today is the last day to request of the supervisor of elections anything relating to the ballot; is that correct? tvir. Foeman: No. As relates to Charter amendment issues, it was September 7th. Commissioner Tecle: No, no. I'm not talking about -- I'm talking about positioning on the ballot. I'm not talking about Charter issues versus referendum. I'm talking now about the mechanics of who's going to order the ballot. Question Number 1, Question Number 2, Question Number 3. Mr. Foeman: 'Those numbers have been identified in the legislation, the order, by the number reference that the Attorney's Office gave each Charter amendment issue, and each referendum issue. Commissioner Tccic: Well -- Commissioner Winton: So, can you still change them? That's Commissioner Teele's asking. Can you -- can we change the sequencing? Commissioner Teele: I'm going to tell you something, you can change these issues until the qualifying date has closed. Mr. Vilarello: Mr. Chairman, direct us to present to David Leahy the order you like, and we will do our best to make sure lie changes the order. Commissioner Teele: One of the questions that people have asked me in the minority community, in the black community, especially, is the issue going to be very clear and is it going to be buried in the middle of something? And 1 said I really didn't think about it, but l would hope that the Citizens Independent Review Panel would be either the first one or the last one or somewhere -- not in the middle because, you know -- but it's up to us, as the policy board, to order the ballot. Commissioner Regalado: We can put it first, after the elected officials. That's it. Commissioner Teele: And I would imagine that if you work with Mr. Leahy, you know, we can possibly add in as a call item fbr the 17th, just to order the ballot -- or the 25th, depending upon what Mr. Leahy says. Mr. Foeman: I'll make that request. Commissioner Tecie: OIC. Thank you. Commissioner Winton: Could I get a list of all of the ballot questions and what they're -- the actual number on the ballot will be? 352 September 13, 2001 Commissioner Teele: You can't get that. You can't get the numbers until the qualification is closed and all of that. Mr. Focman: That's right. Commissioner Winton: But I -- I thought he.just said that it's already determined, that -- Mr. Foeman: No. I said the Charter amendment deadline -- Mr. T eahy's administrative deadline was September 7th for Charter amendment issues. But I will request of Mr. Leahy, as relates to the order, if we can change that. Commissioner Winton: Man, I'm confused. Commissioner Teele: Or we could present it. Mr, I-ocinan: Yeah. Commissioner Winton: What am I missing here? Just a little while ago you said that the order is global Charter change is one. Mr, Foeman: Right, Exactly. That's the way it appears on the -- Commissioner Winton: Well, that's a number -- the last time I checked, that's a number, one. Mr. Foeman: Right. Commissioner Teele: He meant the first Charter -- Mr. Foeman: Not the punch number. Commissioner Sanchez: Not the punch number. Mr. Foeman: We that's just the reference -- Commissioner Sanchez; We don't get that after you qualify. It's a punch number. Commissioner Winton: O.K. Commissioner Teele: And the various candidate issues, including the Mayor and Commission, will conic ahead of questions. Mr. Foeman: That's correct. Commissioner Winton: So we won't get that, then, until when? Mr. Focman: Would be after the qualifying deadline, which is after the 22nd of September, 353 September 13, 2001 11 • Commissioner Winton: OK. Can I get that then as soon as you get it? As soon as you get it, would you get it to my office? Mr. hoeman: Sure. Yes. Your staff had requested that and I told Leila I would provide that to your office. Commissioner Winton: Thank you. 354 September 13, 2001 97. A0POVE CITY'S' CO SPONSC�RSHIY OF "kI'ANUS ON. M r ' I'' ANNUAi: TRAY OF VOLUNTEER"�'$'PRVIG-B AND FUNDRAISEIt'ON NOVE�VIBER.3, 20Q,1, AUTHORIZE SAID: GROUP TO:PLACE Lid POLE BANNERS ON_CITY THOI OUGI�FARES: Vice Chairman Gout: That's it. Go ahead. Commissioner Winton: I've got pocket items. Two baruiers sponsorship, one's for "Hands on Miami" for -- it's a banners sponsorship, Hands on Miami. So moved. Commissioner Sanchez: Second. Commissioner Regalado: Second. Vice Chairman Cort: 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. 01-957 A MOTION TO APPROVE THE CITY OF MIAMI'S CO-SPONSORSHIP OF "HANDS ON MIAMI" ANNUAL DAY OF VOLUNTEER SERVICE AND FUNDRAISER ON NOVEMBER 3, 2001; FURTIINR AUTHORIZING SAID GROUP 'TO PLACE LIGHT POLE BANNERS ON CITY THOROUGHFARES. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wi fredo Gort Commissioner Torras Regalado Commissioner Joe Sanchez Commissioner Arthur E. Tcele, .Ir. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 355 September 13, 2001 98. FROV�' CITY'S "CO SFONSQ�tSH�?' f0 UNNE�6I`TY :OF 4 >�IA'MI'� 7,5 Commissioner Winton: This is another banner sponsorship, University of Miami's 75`x' Anniversary. So moved. Commissioner Sanchez: Second. Commissioner Regalado: Second, Commissioner Tccle: Second. Vice Chairman Cort: 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. 01-958 A MOTION TO APPROVE THE CITY OF MIAMI'S CO-SPONSORSHIP OF THE UNIVERSITY OF MIAMI'S 75"" ANNIVERSARY. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifrcdo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur 1;, Teele, Jr Commissioner Johnny L. Winton NAYS: None. ABSEN, C: None. 356 September 13, 2001 99,. AFP:i2OVLMAN'GS ACCEPTANG$ OF DONA'I'ION'FitQm VETRLDFiLIV:ERY AI�7�NSTALLATIOI�I OFIX%16 FFOOT OO LIMBQ TRI'•ES' VALU1,9'14,82, TOySBE. PL°ANTED AT DO,a� PARK: I�OCA2EU i�T K SIN DY PRI:, ; _ .... E; Commissioner Winton: The next one is dog park. Y'all want to hear more about doggy park? Commissioner Sanchez: No. Commissioner Regalado: They're going to change that now? Commissioner Winton: No. A resolution of the City of Miami Commission approving the City Manager's acceptance of a donation of six -- what's that say, six 16? Albert Ruder (Director, Parks and Recreation): Six 16 feet. CommissionerWinton: Oh, six 16 feet high gumbo limbo trees from the Grove Tree Mau Trust, in an approximate value of $1,974.82, which includes the cost of installation and delivery; for use in the dog park section of Kcmiedy Park. So moved. Commissioner Teele: Second. Vice Chairman Gort: 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. 01-959 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CiTY MANAGER'S ACCEPTANCE OF A DONATION FROM THE GROVE TREE MAN TRUST OF THE DELIVERY AND INSTALLATION OF SIX 16 FOOT GUMBO LiMBO TREES, VALUED AT APPROXIMATELY $1,974.82, TO BE PLANTED AT THE DOG PARK LOCATED IN KENNEDY PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEP'T'ABLE TO THE CiTY ATTORNEY, FOR SAID PURPOSE. 357 September 13, 2001 (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 Arthur E. Tcele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 358 September 13, 2001 • 00 ,APPROVE MANAGMV'S ACCIEPTANCE W -DONATION FROM "CENTER. -GROVE" , NEIGHBORI~IOO1R ;PARK ASSOCIATION OF CHICAGO, BRICKS FOR INSTALLATION, OF PATHWAY AT-D0G PARK;LOCATED IN $LANCH :PARK, ' Commissioner Winton: Resolution of the City of Miami Commission approving City Manager's acceptance of a donation of the necessary number of Chicago bricks, which will be utilized for a new pathway in the dog park portion of Blanche Park, from the Center Grove. Neighborhood Association; further authorizing the City Manager to execute the necessary agreements, in a form acceptable to the City Attorney, with the Grove Neighborhood Association. So moved. Commissioner Teele: Second. Vice Chairman Gort: All favor state it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 01-960 A RESOLUTION OF THE MIAMi CITY COMMISSION APPROVING THE CiTY MANAGER'S ACCEPTANCE; OF A DONATION FROM THE CEN'rER GROVE NEIGHBORHOOD PARK ASSOCIATION OF CITICAGO BRICKS FOR THE INSTALLATION OR A PATHWAY AT THE DOG PARK LOCATED INBLANCH L PARK; AlYFRORIZINGTHE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR. SAID PUItPOSE. (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 Arthur E. 'Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Teele: Why couldn't you use -- why couldn't you use St. Louis bricks? Commissioner Winton: Don't ask me. I'm done. 359 September 13, 2001 Vicc Chairman Gort: OK. Commissioncr Sanchez: You know, you've done more for the doggy coinmunity than anybody else. 360 September 13, 2001 • 0 101 AUTHORIZE RIC'TUA ISSAC FO�UNAATION;-INC`: `CO ADD NIN REMAIG HALANOL QF $ ;•4i> 1,b7 FO ITS;'NEX!T Fi1ND>RATSIN�3 EVENT Sb EDULED NOR OC` ,04 S, X001; AT MIAMI `,'ARENA.,' ti• ,, �n Commissioner 'Tecle: Mr. Chairman, may I preside and allow you to snake your motions? Vice Chairman Gort: Yes, please. You have the pocket item on the Commission meeting on June 21". We awarded the Rickia Issac Foundation, Resolution 628, in-kind service in an amount not to exceed five thousand, five hundred in their fundraising event, which took place July 4'h, '01, at the Miami Arena, the Foundation received in-kind service in the amount of two thousand, eighty-eight, leaving it balance of three four eleven sixty-seven. Would like to bring that to the next -- utilize; the fundraiser. Commissioner Tcele: Is there a second? Commissioner Sanchez: Second. Commissioner Teele: Second by Commissioner Sanchez. Is there objection? All in favor say "aye." The Commission (Collectively): Aye. Commissioner Tcele: Oppose? The following motion was introduced by Vice Chairman Gorl, who moved its adoption: MOTION NO. 01-961 A MOTION AUTUORIZING THE RICKIA ISAAC FOUNDATION, INC. TO ADD THF: REMAINIING BALANCE OF $3,411.67 (LEFT FROM IN-KIND DONATION AWARDED BY THE CITY COMMISSION BY RESOLUTION NO. 01-628 FOR FUNDRAISING EVENT ON JULY 4, 2001) FOR ITS NEXT FUNDRAISING EVENT SCHEDULED FOR OCTOBER 5, 2001 AT THE MIAMI ARENA, 361 September 13, 2001 i Upon being seconded by Commissioner Sancho, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifiedo Gout Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. Commissioner Johnny L Winton NAYS: None. ABSENT: None. Commissioner Tecle: Mr. Chairman, next item. Vice Chairman Gort: Thank you. 362 September 13, 2001 E E ).02 4BF4,V1 CITY'S.' �O-SPDXSORSHIP i OF VOLVOF . OCEAN RAQE-- EVENT; AUTh�OE `SAID :dROUF; TO PLACE BANNERS QUI LIGHT POI.E� WI'Y'IN CITY. Vice Chairman Gort: Pocket item September Commission meeting, to have the City co-sponsor the Volvo Ocean Race event for the purpose of posting the banners. Commissioner Winton: So moved. Commissioner Tcele: Second by Coin missioner Winton. Is there objection? All those in favor say "aye," The Commission (Collectively): Aye. The following motion was introduced by Vice ChairmanGort, who moved its adoption: MOTION NO. 0 1 -962 A MOTION TO APPROVE, THE: CITY OF MIAMPS CO-SPONSORSHIP OF THE VOLVO OCEAN RACE I.VFNT; FURTHER AUTHORIZING SAID GROUP TO PLACE BANNERS ON LIGHT POLFS WITHIN CITY OF MIAMI THOROUGHFARES. Upon being seconded by Commissioner Sanchcz, 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. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 363 September 13, 2001 103. A -PROVE CITY'S CO-SPONSORSHIP OF ART BASEL MJAMI BEACH: _EVENT; AUTHORIZE. SAID: GROUP�TO PLACE BINNERS 01�".`LIGHT POLES, WITHiN CITY THOROWHFARES'. i= Vice Chairman Gort: Attached is -- i send you a faxed copy of -- that I received from Mr. Bob Goodman. I would like to co-sponsor (INAUDIBLE) the City co-sponsor the Art Basel Miami Beach event, in order for them to be able to place banners on light poles within the City of Miami. Commissioner Winton: Second. Vice Chairman Gort: (UNINTELLIGIBLE). Commissioner Tecle: Moved and second by Commissioner Winton. Moved by.Commissioner - the Chairman, seconded by Commissioner Winton. Is theme objection? All those in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Gort, who moved its adoption: MOTION NO. 0l -963 A MOTION TO APPROVE TITS CITY OF MiAMI'S CO-SPONSORSHIP OF THE ART BASEL MIAMi BEACH EVENT; FURTHER AUTHORIZING SAID GROUP TO PLACE BANNERS ON LIGHT POLES WITFIIN c rY OF MIAMI THOROUGHFARES. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifrcdo Gort Commissioner Tomas Rcgalado Commissioner ,ioe Sanchez Commissioner Arthur E. 'leele, Jr, Commissioner Johnny L. Winton NAYS: None, ABSENT: Node. 364 September 13, 2001 • 0 104 APPOINTTNO:AN INDIVIDUOGAS AW " ER OF =THEINTERN`ATIONAL':TRADE B..OAItD:.FURT`fiER �VAI�!I1�G-'I'SIDENCY REQLJIEMENT IN. SECTION=$84 THS COblr OF .4 FLORIDA. OF IVITAIVII; FLO A,'AS AMENDI�D,AS IT p.ERTA1NSr'T(J' J y .... 4r P g.' .. THE A1SP�7IVTMENT OF. CAiIQ 1�iOGLJ$RA. Vice Chairman Gort: I'd like to appoint to the International Trade Board Mr, Camilo Nogucra. Commissioner Tecle: Moved by Commissioner Gort. Commissioner Sanchez: Second. Commissioner Teele: Second by Commissioner Sanchez. Is there objection? All in favor say ncc Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Gort, Who moved its adoption: MO'T'ION NO. 01-964 A MOTION APPOINTING CAMILO NOGUERA AS A MEMBER OF THE INTERNATIONAI. TRADE BOARD. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifi•edo Gort Commissioner Tomas Regalado Commissioner Toe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: I would also like -- need a motion waiving the City's residency requirements. Commissioner Teck: Moved by Commissioner Gort, second by Commissioner Sanchez. Is there objection? All in favor say "aye." The Commission (Collectively): Aye. 365 September 13, 2001 The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO. 01-965 A RI:SOLUnON OF TI -IE MIAMI CI'T'Y COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE INTERNATIONAL TRADE BOARD FOR A TERM AS DT?SIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Rebalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Joluuiy I,. Winton NAYS: None, ABSENT: None. 366 September 13, 2001 0 0 105 AF INT" DERI?K BMITI�} AND `MARINA KHDURY ' AS' 'IYIEMBERS '.'Ol~ URBA�D�YIJ�OBI BN'T R y> W Commissioner Sanchez: If there are no other items, move to adjourn. Commissioner Teele: Mr, Chainnan. Alejandro Vilarello (City Attorney): No -- I'm sorry. Vice Cliairman Gort: I've got — Commissioner Teele: I would move one appointment of the Vice Chainnan Gort: There's a couple of things here. Commissioner Teele: Who? Commissioner Winton: Go ahead. Commissioner Teele: Of the Urban Development Review Board, the appointment of Mr. Derck Smith and Marina Khovey, K -H -O -V -E -Y. Kliovey. Commissioner Winton: So moved. Second. Vice Chainnan Gort: It's been moved. Is there a second? 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. 01-966 A R1:SOLUTION OF THE MIAMI CITY COMMISSION' APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HE1;tEIN. 367 September 13, 2001 • • (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: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 368 September 13, 2001 • • 106 VICE CHAntM"A 1 GOAT STAT9D T�TAT NOVEIVIpER AND D9CEM8BR;' COMMISSICINAE'I INGS NEED TO B� RE$CED f.. QED `DUE T0� THAIC$G1VI3VG ATTD'GTRTSTIv1AS�1�iO�.1DAI'S,, Vice Chainnan Gort: We need, my understanding is, to change the November meeting, falls on Thanksgiving, which is a holiday, on the 27`' -- I mean, the 22"". So, we need to think of changing -- so, for the 25"', look at that. And also for December meeting -- Commissioner Sanchez: Can't guarantee that I'm going to -- I'll be at the hospital. My wife's giving birth. Vice Chainnan Gort: December meeting, we should combine into one, because the second meeting will fall on the 27'h, right after Christmas. So, be thinking about it, and we can make a decision on the 25t11. 1 mean, on the -- 369 September 13, 2001 • I67 STiPLJi.1TE THAT SPECIAL CQMMISSTOI�f�,MEETING:O)� SEPT-EMBE]<i J7, 2001 TLL�:INOLCJDE_ON jbTSCCN'SION AND R1 S�I.U�'I,'t �-RLI,ATING TO Q •ERING: _. OF BALLOT>Q ST]tONS; Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Ycs. Commissioner Teele: Just as a matter of form, the Attorney has asked me to -- if we -- if a majority would like to do it, to add to the meeting of the 17'x' only the discussion and resolution relating to the ordering of the ballot questions. So moved. Vice Chairman Gort: OK. Commissioner Regal ado: Second. Commissioner Winton: Second. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved. is there a second? All in favor state it by saying "aye." The Commission (Collectively): Aye. The following motion was introduced by Commnissioner Teele, who moved its adoption: MOTION NO. 01-967 A MOTION STIPULATING THAT THE SPECIAL COMMISSION MEETING OF SEPTEMBER 17, 2001 WILL INCLUDE ONLY DISCUSSION AND RESOI,UT.ION RELATING TO THE ORDERING OR THE BALLOT QIJESTIONS. Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the following vote: AYES: Vico Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NIAYS: None. ABSENT: None. 370 September 13, 2001 108 COIvIM]�NfiS �Y AL$iU CAST'ILL4 '.QN HIS PRQPOSI✓U COpE UNFOKCEMENY CHANGES TO;CITY CHARTER:: Vice Chairman Gori: And I -- please, for a minute, I'd like to hear -- Mr. Castillo asked uie to speak. He was late because lie was working, and he wanted to address you for two minutes. Go ahead, sir. Alhio Castillo: Good evening, gentlemen. My name is Albio Castillo. 1 live in 2386. One of your colleagues mentioned about code enforcement. I've been coming in here for 29 years, (UNINTELLIGIBLE) been the problem. I'm proposing this suggestion to the amendment: to eliminate the 250 and 500 and leave a cap of ten thousand, one hundred and fifty, and start negotiating at ten thousand, one hundred and fifty, and the fine which should be a hundred and Fifty dollars (5150). And every Commissioner would like to take that as an amendment to the Charter? And I hope -- whoever becomes the Mayor, T hope he keeps the staff that is currently on, from the Police Chief on. Thank you. Vice Chairman Gort: Thank yon, sir. You have a good night now. 371 September 13, 2001 0 • X1.09 Fi; ST1 REAGDINORDINANCE, , AMEND CODE -SEC 22.12 TO DECREASE SOLD; N, A$TE FEEFROM3345 TO $32.5 FOR FISCAL,i' AR 20U1 2,042;,; Alejandro Vilarello (City Attorney): Mr. Chairman, I've prepared two ordinances dealing with the Solid Waste fee modification, as well as the Financial Integrity Ordinance. Commissioner Tccle: Motion to adjourn. Mr. Vilarcllo: I've prepared both of then as emergency ordinances. Commissioner Tcelc: Move them. Mr. Vilarello: it's an emergency ordinance -- with regard to Solid Waste. Note for the Record: The City Attorney read the ordinance into the public record by title only. Vice Chairman Gort: Roll call. Commissioner Sanchez: Second, Commissioner Sanchez: Commissioner Regalado moved it. I'll second it. Vice Chairman Gort: It's a public hearing, Is there anyone that would like to step forward and make any statements? No. Close the public hearings. Roll call. Mr. Walter Foeman (City Clerk): Second roll call, Commissioner Sanchez. Mr. Vilarello: No. It fails. Mr. Foeman: Oh, it tailed. I'm sorry. An Ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 22-12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY DECREASING THE SOLID WASTE FEE FROM $345 TO $325 FOR FY 2001-2002; CONTAINING A REPEALER R PROVISION AND A SEVERABILITY CI.AUSI3; PROVIDING FOR AN EFFECTIVE DATE. 372 September 13, 2001 was introduced by Commissioner Regalado and seconded by Commissioner Sanchez, for adoption as an emergency measure and received the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Rebalado Commissioner Joe Sanchez NAYS: Commissioner Arthur E. Teele, Jr. Commissioner Joluuly L. Winton ABSENT: None [Note for the Record: The above-cited ordinance required four City Commissioners to vote in the affirmative for the ordinance to pass as in emergency. Only three affirmative votes were recorded. The City Attorney opined that the ordinance passed on first reading.] Commissioner Teele: Motion to adjourn. Commissioner Sanchez: Second. Mr. Vilarello: Mr. Chairman would you like to consider it: as first reading; ordinance'? Commissioner Teele: Motion to adjourn. 373 September 13, 2001 110 FIRST READING ORDINANCE: AMENDODEFSEC `.l8 542(4) TO AMEND THE FINANCIAL TI�ITEGRITY:=PRIN}'IPLES�TO;REMOY4 iV ,NDATOR-Y REQUI>�MENT5 R LAT )taDJO ER��?E Alejandro Vilarello (City Attorney): And you have one more with regard to financial integrity. Vice Chairman Gort: Read it. Commissioner Regalado: Move it. Commissioner Winton: Let's get this stuff done. Note for the Record: The City Attorney read the ordinance into the public record by title only. Commissioner Winton: Now, that's the issue on... Commissioner Sanchez: Seven percent, eight percent. Mr. Vilarello: The reduction of the reserve. Commissioner Winton: OK, Vice Chairman Gort: OK. The public hearing is open. Is there anyone that would like to conk forward? No. Walter Foeman (City Clerk): I need a seconder. Commissioner Regalado moved it. Commissioner Sanchez No one's moved it and no one's second. Commissioner Regalado: No. I did move it. Mr. Focman: Commissioner Regalado moved it. Vice Chairman Gort: Regalado moved it, and Sanchez seconds it. Commissioner Sanchez: Second, Vice Chairman Gort: Roll call, (COMMENTS MADE DURING ROLL CALL) Vice Chairman Gort: To avoid a veto, yes. Commissioncr Tccle: Mr. Chairman? 374 September 13, 2001 Mr. Foeman: OK. Commissioner Teele: Mr. Chainnan. Mr. Foeman: Excuse me. Second roll call. Commissioner Teele: No. It failed. Mr. Chairman? Commissioner Sanchez: What do you mean; it failed'? It passed. Mr. Vilarello: It's an emergency ordinance requires a four-fiRlis vote. If you wish this to pass, you should consider them on first reading. An Ordinance entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER I VARTICLE Iii OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE," TO AMEND THE FINANCIAL INTEGRITY PRINCIPLES TO REMOVE MANDATORY REQUIREMENTS RELATED TO RESERVE_ APPROPRIA`T'IONS; MORE PARTICULARLY BY AMENDING SECTION 18-542(4) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE.. DATE. was introduced by Commissioner Regalado and seconded by Commissioner Sanchez, for adoption as an emergency measure and received the following vote: AYES: Vice Chainnan Wifredo Gort Commissioner Tomas Regalado Commissioner .Toe Sancliez NAYS: Commissioner Arthur E. 'reele, Jr. Com7lUssloner Johnny L. Winton ABSENT: None [Note for the Record: The above-cited ordinance required four City Commissioners to vote in the affinnative for the ordinance to pass as an emergency. Only three affirmative votes were recorded. The City Attorney opined that the ordinance passed on first reading.] 375 September 1.3, 2001 1;1'3, I)TSCUSS�IQN ,:QN PQSSI 'T,E' ,CALi;TNG OF ST'ECIA-L IBETING T4' DISC )SS Bi3DGE`I`/FINANCE:4 V Commissioner Teele: Mr. Chairman, it's late. I move that we adjourn. Alejandro Vilarello (City Attorney): -- if you wish this to pass, you should consider them on first reading. Vice Chairman Gort: Passed on first reading. Commmissioner Tecle: I inove we adjourn. Vice Chairman Gort: You have to pass second reading. Commissioner Sanchez: All right. Second. Second motion to adjourn. Mr. Vilarello: OK, Now -- this is a different ordinance now. Not on first -- not an emergency ordinance. Commissioner Teele: V.r. Attorney, the motion is to adjourn. Vice Chairman Gort: What's the other ordinance. Mr. Vilarello: This is an ordinance of the Miami City Commission amending section -- Commissioner Teele: Mr. Attorney? Mr. Vilarello: Yes, sir. Commissioner Teele: Mr. Chairman, the motion is to adjourn. Vice Chairman Gort: Is there a second? Commissioner Sanchez: I second it. Vice Chairman Gort: Second. Commissioner issioner Winton: Why are we adjourning before we finish this stuff? There's a secret here. Commissioner Teele: No, there's no secret. The ordinance is already in effect. Call the question on adjourtunent. Vice Chairman Gort: All in favor state it by saying "ayc." The Commission (Collectively): Aye. 376 September 13, 2001 • • The following motion was introduced by Commissioner Tecle, who moved its adoption: MOTION NO. 01-968 A :MOTION TO ADJOURN 'TODAY'S COMMISSION MEETING. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifrcdo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None, ABSENT: None. 377 September 13, 2001 • 0 `I'HI RIi 13EING NO FURTHLIZ BUSINESS TO COME BEFORE THF CITY COMMISSION, THE MEETING WAS ADJOURNED AT 10:23 PM. ATTEST; Walter J. Foeman CIT)' CLERK Sylvia Scheider ASSISTANT CITY CLERK JOE CAROLLO MAYOR (S E A L) 378 September 13, 2001