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HomeMy WebLinkAboutCC 2001-12-13 Minutes11 0 CITY OF MIAMI CITY COMMISSION MEETING MINUTES OF MEETING HELD ON DECEMBER 13, 2001 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Cleric • • MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 13th day of December 2001, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:19 a.m. by Chairman Tomas Regalado with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Vice Chairman Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) (9:34 a.m.) ALSO PRESENT: Manuel Diaz, Mayor Carlos A. Gimenez, City Manager Maria Chiaro, Assistant City Attorney Walter J. Foeman, City Clerk Sylvia Scheider, Assistant City Clerk 1 December 13, 2001 • • An invocation was delivered by Commissioner Sanchez, followed by Vice Chairman Winton leading those present in a pledge of allegiance to the flag. Chairman Regaiado: Commissioner Sanchez, you have proclamations. Any other members of the Commission? You want to proceed now or later? Commissioner Sanchez: Yes, sir, we could go ahead and take care of them right now. T do have a couple of them, but we could go through them pretty quickly. Note for the Record: Presentations and proclamations are on file in the Office of the City Clerk, via audiocassette. 2 December 13, 2001 77 '0yR.Y T^X����'J_ :��"% '' {� 3�s' #. � �'. � ? Y ,� �d� � � Chairman Regalado: Mr. Manager, we are going to pull Item CA -14 and Item CA -24. Those two items will be discussed later on in the session. So, Item CA -14, CA -24 will be pulled from the Consent Agenda, Carlos Gimenez (City Manager): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Gimenez: I'd like to go ahead and -- just go ahead and pull CA -14 altogether for now, and we can leave CA -24 for the regular agenda. I'd also like to defer items -- regular items number 19 and 43, which deal with the Civilian Investigative Panel, and that will come up in January. And also pull Item Number 26. Chairman Regalado: Right. When we have some time, the City Attorney will explain why we're not discussing the Civilian Panel, and I'm sure that he will have an explanation. Maria Chiaro (Assistant City Attorney): I have that explanation for you. Chairman Regalado: OK. Go ahead. Ms. Chiaro: We have had public meetings to get input on the development of the ordinance to implement the Civilian Investigative Panel. We took public input and successfully gained a lot of insight as to what the community groups wanted. The community groups have requested that we spend more time getting further input, as well as the input from the Police Department. So, we have tentatively scheduled another public input meeting on December the 27th. And it is our intention to further develop the draft of that CIP (Civilian Investigative Panel) Ordinance to bring back to you at your first meeting in January, on January 10th Chairman Regalado: Thank you. That's -- we needed that for the record, so everybody is aware that this item is moving and will be discussed. Any other items, Vice Chairman Winton? Vice Chairman Winton: CA -- is CA -25 about MCI (Microwaves Communication Incorporated)? I mean, I have it pulled out of my book out of order, so I'm -- you know, it may be -- Mr. Gimenez: Yes, it is. Vice Chairman Winton: It is. It seems to me that we ought to -- this issue has been the subject of our Internal Auditor's report. It's been the subject of media discussion, and it seems to me that we ought to put this item on a regular agenda and have an open discussion about it, so that we can answer questions directly back to the public, since it has been discussed in the public realm in the past. So, as opposed to just -- December 13, 2001 0 i Chairman Regalado: You are so right, because -- Vice Chairman Winton: Yeah, we could do it today. I mean, I don't mind putting it -- just moving it to the regular agenda today, just so we have a discussion publicly. Chairman Regalado: So, CA -25 will be moved for later on. Mr. Vice Chairman, you are so right. Because I'm curious about the settlement, to see if we are paying or are getting minutes in return, so -- Vice Chairman Winton: Right. [At this time, Commissioner Teele entered the Commission Chambers at 9:34 a.m.] Chairman Regalado: Commissioner Teele, we have pulled Items CA -14 and CA -24 from the Consent Agenda. The Manager has requested that Item CA -14 will be deferred for other session, and CA -24 will be discussed later on. Also, the Civilian Panel for the Police Department, Items 19 and 43, have been deferred for the January meeting, the first meeting in January. The City Attorney, she gave us an explanation, because of a public hearing that needs to be done. And Vice Chairman Winton has requested that CA -25, which is MCI payment to the City, will be discussed in a separate way. So are you OK with that, sir? OK. Mr, Gimenez: Mr. Chairman. Commissioner Teale: CA -25? Chairman Regalado: CA -25. It's MCI. Vice Chairman Winton: Move it to the regular agenda. Chairman Regalado: Move it -- it's been moved to the regular agenda. And Vice Chairman Winton wants a public discussion on this. Mr. Gimenez: Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Gimenez: We have one additional item we'd like to defer. It's CA -15. Vice Chairman Winton: You want to defer it? Mr. Gimenez: Yes, sir. Chairman Regalado: OK. CA -15 -- Ana Gelabert-Sanchez (Director, Planning & Zoning): For January. 4 December 13, 2001 Chairman Regalado: -- is an Urban Design Services for Public Works. Do you wish to discuss that later or just pull it? Ms. Gelabert-Sanchez: Yes, for the next meeting. Alejandro Vilarello (City Attorney): January 10'". Chairman Regalado: January 10, CA -15, Mr. City Clerk. OK. Ms. Gelabert-Sanchez: If I -- I'm sorry. Chairman Regalado: We open the public hearing on the Consent Agenda. Anybody who wants to address any of the items that we are voting on -- remember that several have been pulled on the Consent Agenda. There is no one. Ms. Gelabert-Sanchez: Yes, Commissioner. Ana Gelabert, the Planning Director. I would like to make a change on the record on CA -12. The date, instead of March of the year 2002, 1 would like to make that change to June of the year 2002. Chairman Regalado: CA -12. Ms. Gelabert-Sanchez: Yes. That was an extension on a contract. The work should be finished by March, but I would like to ask the extension of June, just to make sure that we have that time. Chairman Regalado: March? Ms. Gelabert-Sanchez: Right now, what you have in front of you, :it says March of the year 2002. 1 would like to change that to June, the year 2002. Chairman Regalado: OK. Is everybody OK with that? Vice Chairman Winton: Move to accept the Consent Agenda. Commissioner Sanchez: Second Chairman Regalado: There is a -- Commissioner Teele: Discussion on one item. Chairman Regalado: Yes, sir. Commissioner Teele: On CA -17. Is the Budget Director -- Mr. Gimenez: Yes, sir. 5 December 13, 2001 Commissioner Teele: Mr. Chairman, if I may. Let me just understand one thing, and this is not going to take but a second. And GSA (General Services Administration) -- perhaps, the GSA Director. Mr. Chairman, this dollar amount is not satisfactory or sufficient, but I really do -- I would hope that you all would bring this back again. I'm prepared to act on this. But this item, really, to me is one of these items that we need to evaluate, in light of the mission of the City of Miami. I was given a bill for two thousand dollars ($2,000) yesterday for framing, which -- I mean, I didn't design it. Don't have a problem with it. But, you know„ I shouldn't have to pay -- Commissioner Winton: Agreed. Commissioner Teele: -- for a public participation and public activities. In other words we're talking about the Little Haiti thing. And I really think that the Protocol Office, with the GSA Office, with the Mayor's Office, with the Chairman's Office -- and we need to establish a budget for the Office of the Chairman -- we need to sit down and try to do Miami proud. Now, I've certainly noticed an uptick in the media events that are happening, and if the last week is any indication, we probably will need to quadruple this budget or go well beyond that. But with all due respect, the one thing we can do for the citizens of this City, who work hard, is to thank them, to honor them. We don't do enough of that, quite frankly, for people who work their fannies off, voluntarily. We ought to have 500 proclamations going to people -- with all due respect to the outdoor advertisement industry -- but people who worked with us in this bond referendum, and we don't need to wait a year to do it. We need ten thousand dollars ($10,000) worth of frames for them, if my bill for Little Haiti, which I'm not going to pay, because I think it's -- it's not for me. It's for the City. But I think we need to look at this. The other issue here is that this bid, apparently, hasn't been bid in some time. This is `97. This is a change order from `97. and I'm not, at all, caught up on that. It's a company in the City. But I just want to bring to the Commission's attention, and particularly the Office of the; Mayor, and the Office of the Chairman and GSA, because all of these functions should be done, not out of the budget of the Chainnan, or out of the budget of the Mayor, but it really should be done out of a departmental budget, where these frames are being presented. And I really think this is important for every Commissioner here and, most importantly, for the community, at large. Vice Chairman Winton: And, Commissioners, could I add a point to that? You said that this budget maybe ought to be quadrupled, but what you didn't say to the public is what this budget is. The budget's only ten thousand dollars ($10,000) a year. We're moving it to twenty. So, if you quadrupled it -- if you quadruple the 10, that's 40. If you quadruple the 20, it's 80, which is still -- Commissioner Teele: And, yes. And just so that it's clear I`m referring to the costs -- this is really not a budget item. This is a contract item. And we're approving the contract increase. I'm suggesting that this amount is not nearly enough, but I'm also suggesting, in the language, where it says that GSA will bill back each of the departments, this should be a pool item paid for by GSA in my opinion. I mean, there may be cases where you do want to bill it back, but there is no reason to bill the Mayor's Office, or to bill the Chairman's Office or any Commissioner's Office for proclamations for good people. We don't bill back the criminals that we go out and arrest, and spend hundreds of millions of dollars on. So, let's give the good folks and the 6 December 13, 2001 • 9 citizens a break here. And so, I just wanted to make that observation, particularly, to the Budget Director because it does have budget implications, and how we structure that budget. Linda Haskins: Linda Haskins, Director of Management & Budget. That was the intent in the budget. So there was an error in submitting it to your office. The protocol expenses are to be paid from GSA, and we'll look into this to make sure that we get it out of there. Chairman Regalado: OK. Because, you know, if that happens again, it has a chilling effect on Commissioners. Because you don't want to give proclamations, because you're over budget. So, it's very -- Commissioner Toole: Well, we are -- in fairness to them, we are talking about something south of probably 50 to 75 proclamations for one activity, and in fairness of people who came in from around the state and participated in the charrette, the thing that we're going to do tonight at 5 o'clock. So, I mean it is a sticker shock, I'm sure, to GSA, or whoever is involved in it, but we need to get that clear. Chairman Regalado: OK. So, you don't want to pull or -- Commissioner Sanchez: No, no, no. Commissioner Teele: No, not at all. I just wanted to make the point, and see if we can get them to look at that again Commissioner Sanchez: And just -- Mr. Chairman just on the record, it is a City -owned business. It's in the City. And I commend Procurement for doing business with business in the City. Chairman Regalado: Right. No. Commissioner Teele is not questioning the -- it's just the point that we were making. But the reason I said, if you want to pull it is because, if you want to change -- if we want to the amount or anything. Commissioner Teele: No. I think they need to move forward with this but then they can come back with an amendment at a later date. Mr. Gimenez: Yes, sir. Commissioner Toole: Until they look at the policy and everything. Chairman Regalado: There is a motion to approve the Consent Agenda and a second. All in favor say "aye." The Commission (Collectively): Aye. 7 December 13, 2001 NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. Thereupon, on motion duly made by Vice Chairman Winton and seconded by Commissioner Sanchez, the consent agenda items were passed by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L, Winton Commissioner Angel GonzAlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. ;EPT STEMS"TZ,1ACCANT (NVI T10 BID, 04rO1 2 OR QUTSITI ?N Q VII i FI MIN BEV ' D P 4 T KN x �LI,D, $2OQ; ALL`OCAT FIlTN�FOIYIEPA'N� QF' AL.(��?EERA,'PINC�BUDC��T:FQ�,�'IS�AL YE�.R ���� `' ....,@� RESOLUTION NO. 01-1281 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF LASON SYSTEMS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-205, DATED JULY 31, 2001, FOR THE ACQUISITION OF MICROFILMING SERVICES FOR THE DEPARTMENT OF BUILDING, ON A CONTRACT BASIS FOR A PERIOD OF TWO YEARS, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $25,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF BUILDING GENERAL OPERATING BUDGET FOR FISCAL YEAR 2001. 8 December 13, 2001 0 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF GRAPHIC & ENGRAVING SOLUTIONS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-206, DATED AUGUST 8, 2001, FOR THE PROCUREMENT OF ONE ENGRAVING MACHINE, RELATED ACCESSORIES AND OPTIONS FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, MIAMI RIVERSIDE CENTER FACILITY DIVISION, IN AN AMOUNT NOT TO EXCEED $15,199.64; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 311042.429301.6.830. 2 3AGCEFT OF EDFM CORPORAI"ION FOS pRQCEV1~T?."IyTAMQIC: I ADQUARTERS ELEVATOR REFURBISHIIG; B 6 5077, 35,000 ALL ATE BUND SROM CAPITAL IMPROVEMENTPRQJECT RESOLUTION NO. 01-1283 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF EDFM CORPORATION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS DATED MAY 29, 2001, FOR THE PROJECT ENTITLED "MIAMI POLICE HEADQUARTERS ELEVATOR REFURBISHING, B-6350", IN THE AMOUNT OF $635,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 312025, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $635,000 FOR THE CONTRACT COSTS, AND $26,970 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $661,970; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 9 December 13, 2001 0 2 4'ACCEPT BII] ,OF H:"& :,R PAVING; IAC FOR FOET` E�'d`PIfiI�E�?:: -`O A, PAy-N PROJECT; B,4641 $ IM ?R()V IVIENTTROJECTS� ' RESOLUTION NO. 01-1284 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF H & R PAVING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS, DATED NOVEMBER 6, 2001, FOR THE PROJECT ENTITLED "OMNI AREA PAVING PROJECT B464159 9 IN THE AMOUNT OF $88,246.65; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO, 341170, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $88,246.65 FOR THE CONTRACT COSTS, AND $10,187.35 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $98,434; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 10 December 13, 2001 • RESOLUTION NO. 01-1285 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF BV OIL COMPANY, MARTIN COUNTY PETROLEUM, AND LUBRICATION ENGINEERS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS PURSUANT TO INVITATION FOR BIDS NO. 00-01-273R, DATED OCTOBER 15, 2001, FOR THE PROCUREMENT OF MOTOR OIL AND LUBRICANTS, FOR THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION ("GSA") AND FIRE RESCUE, ON AN AS NEEDED CONTRACT BASIS FOR A PERIOD OF ONE YEAR, IN AN ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $100,000, AT THE FIXED PRICE(S) QUOTED, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN INCREASED ANNUAL AMOUNT NOT TO EXCEED MORE THAN TWO PERCENT OVER THE ANNUAL PRICE OF THE PREVIOUS YEAR; ALLOCATING FUNDS FROM GSA ACCOUNT CODE NOS. 503001.420905.6.713 ($50,000), 509000.420901.6.713 ($45,000) AND FIRE -RESCUE ACCOUNT CODE NO. 001000.280701.6.713 ($5,000), SUBJECT TO BUDGETARY APPROVAL PRIOR TO USAGE OR SUBJECT TO AVAILABILITY OF FUNDS FOR FUTURE RENEWAL PERIODS. 11 December 13, 2001 r�. �4CEP� BII) aF PES EGA' "' LERSTOR IONS AND ; JA�II Obi, SERVICES, I%TC„ P RSUANT TO IIWITATIQN R � �p1 1 A 1 F'OR PROVISTON OF 1VIARBLE AND GR ANIT0, l�IAINT rN SEVICE4 FOR } PARTME T OF.'- INJS C?N, vIvI AIvII RIVERS DE ENTER- Y�MIC) F►CILITY T7IV$IQN, $6,OQ3Q, �I�a IARC ` '�;CILITY` Q��RATI`IVCT BL:TDGBT ri � ,... , RESOLUTION NO. 01-1286 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF PERFECT MARBLE RESTORATION AND JANITORIAL SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-1979 DATED AUGUST 29, 2001, FOR THE PROVISION OF MARBLE AND GRANITE MAINTENANCE SERVICES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, MIAMI RIVERSIDE CENTER ("MRC") FACILITY DIVISION, ON A CONTRACT BASIS FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $36,000; ALLOCATING FUNDS FROM MRC FACILITY OPERATING BUDGET, ACCOUNT CODE NO. 504000.421901.6.670, SUBJECT TO AVAILABILITY OF FUNDS FOR SUCCEEDING FISCAL YEARS. 12 December 13, 2001 2 7AGT BIDS OF GRAPHID S�zl ATE�I�TIOL, F(,F[lS Gt D� STRING, I' 1 I OR INS O RVIC , SUNT TO ] .. V.,A O C?I� t] 09 Q1�2044 FOR'gEP I`IT �3I X93; LIa ;CAT ANDS I O AP�AI�I 'ROVEIY NT PROJE� I M, REPL,AMTT OIGI Y WII Fr ET", RESOLUTION NO. 01-1287 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF GRAPHIC DESIGNS INTERNATIONAL, INC. FOR THE FURNISHING OF DECALS AND STRIPING, AND TRIM -LINE OF MIAMI FOR INSTALLATION SERVICES, THE LOWEST RESPONSIBLE BIDDERS PURSUANT TO INVITATION FOR BIDS NO. 00-01-204, DATED AUGUST S, 2001, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FLEET MANAGEMENT DIVISION, ON AN AS -NEEDED CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $37,593; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT PROJECTS PROGRAM, "REPLACEMENT OF CITYWIDE FLEET", PROJECT NO. 311850.429401.6.840, SUBJECT TO AVAILABILITY OF FUNDS FOR SUCCEEDING FISCAL YEARS. 13 December 13, 2001 • 0 RESOLUTION NO. 01-1288 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF V -TOP CROWD MANAGEMENT PERSONAL PROTECTIVE EQUIPMENT WITH STORAGE/CARRYING CASE, AS MORE PARTICULARLY SET FORTH IN THE ATTACHMENT, FOR THE DEPARTMENT OF POLICE FROM AMERICAN BODY ARMOR, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 680-850-01-1, EFFECTIVE UNTIL FEBRUARY 20, 2002, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $835,200; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." 14 December 13, 2001 RESOLUTION NO, 01-1289 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH DATASTREAM SYSTEMS, INC., FOR THE ACQUISITION OF TEN ADDITIONAL SOFTWARE LICENSES FOR THE MP2 ENTERPRISE SQL SOFTWARE COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ("GSA"), UNDER EXISTING CITY OF DES MOINES, IOWA WASTEWATER RECLAMATION FACILITY", RFP NO. 01-2001-021 AND PROFESSIONAL SERVICES AGREEMENT NO. 20808, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $14,950, FROM $140,215 TO $155,165; ALLOCATING FUNDS FROM GSA, ACCOUNT CODE NOS. 506000.420601.6.340 ($2,492), 504000.420119.6.340 ($2,492), 504000.421901.6.340 ($2,491), AND FROM CAPITAL IMPROVEMENTS PROJECT NO. 311604.469491.6.850 ($7,475). 2 1(AMED RE OL�JTION4 99 849 TO INCEAS CONT�C STH EETIAC IN, &_.?AIR. E ACCESS �ND PORT �IARG�S RESOLUTION NO. 01-1290 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 99-849, ADOPTED NOVEMBER 16, 1999, TO INCREASE THE CONTRACT WITH TELETRAC, INC. FOR AIR TIME ACCESS AND PORT CHARGES FOR A VEHICLE LOCATION SYSTEM FOR THE DEPARTMENT OF SOLID WASTE, IN AN AMOUNT NOT TO EXCEED $13,999, FROM $32,000 TO $45,999, AND TO CHANGE THE CONTRACT NUMBER AND PROVIDE FOR AN EFFECTIVE DATE. 15 December 13, 2001 ■- - • 0 RESOLUTION NO. 01-1291 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF CONSTRUCTION AND PAVING SERVICES FOR SPORT COURTS AT VARIOUS CITY PARKS FOR THE DEPARTMENT OF PARKS AND RECREATION FROM AGILE COURTS CONSTRUCTION CO., INC. AND MCCOURT CONSTRUCTION, CO., INC., UNDER EXISTING MIAMI -DARE COUNTY CONTRACT NO. 1153 -0101 -CW, EFFECTIVE UNTIL NOVEMBER 30, 2001, SUBJECT ONLY TO EXTENSIONS BY MIAMI-DADE COUNTY, IN AN AGGREGATE AMOUNT NOT TO EXCEED $86,020; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS -NOS. 331361, 331310, 333131 AND 331369, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. 2.12 AUTIORIZEVIANAGER TQs EECLTTE A1VINl7N1 NT >[ EXITINQ GMNT .AGRE M�NT;WITH FLORIDA DqP T ENTOF �QNI a ,�FFAIRS TCS TI�YIIa,VSE F�?R..COMP,ETIgNO URBAN INF1L AND REDVEI,Q'MET P,T; FOR MIAMI RIVER CORRIpOIt FROM DECEMBER 1; 20� TO � 3Q�002° RESOLUTION NO. 01-12.92 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO EXTEND THE TIME FRAME FOR COMPLETION OF THE URBAN INFILL AND REDEVELOPMENT PLAN FOR THE MIAMI RIVER CORRIDOR, FROM DECEMBER 31, 2001 TO JUNE 30, 2002. 16 December 13, 2001 E • I TIIORIZD IVIAN�I�ER' TO E RCVS -Y QP 1T N TO RENS 'SANT TO CITX'S PRO' ESS AL�ERVTS ACtEENT`-I 0ST �LT' CQNS�J.'�NG, INC �U POVIDaCQNS�3TI� SES. y QES RELAQ- D OFC�S RETREAD 5; $50,000 F� .. RESOLUTION NO. 01-1293 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO RENEW TO THE PROFESSIONAL SERVICES AGREEMENT WITH OSTERHOLT CONSULTING, INC. FOR A PERIOD OF ONE YEAR FOR THE PROVISION OF CONSULTING SERVICES FOR RETREATS FOR ELECTED OFFICIALS, IN AN AMOUNT NOT TO EXCEED $50,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO, 001000921002.6.270. RESOLUTION NO. 01-1294 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT WITH SECURITY ENFORCEMENT PROTECTIVE AGENCY FOR THE ACQUISITION OF SECURITY GUARD SERVICES FOR THE DEPARTMENT OF PURCHASING TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING INVITATION FOR BIDS NO. 99-00-030, IN AN AMOUNT NOT TO EXCEED $60,000, FROM $190,000 TO $250,000 ANNUALLY; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS. 17 December 13, 2001 rJ 1-1 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AMOUNT WITH I'VE BEEN FRAMED FOR FRAMING OF PROTOCOL DOCUMENTS, PICTURES AND CERTIFICATES FOR THE DEPARTMENT OF PURCHASING TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS -NEEDED CONTRACT BASIS, UNDER EXISTING INVITATION FOR BIDS NO. 98-99-067, IN AN AMOUNT NOT TO EXCEED $10,000, FROM $10,000 TO $20,000 ANNUALLY; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS. 16 ACCEPy : DQITION OF' 'WaTE E.BOTS,5,OQa, FROM: FFRFQRMANCE MINK USS AY DEPARTMENT' 0, A ANS REEATN FOR SUll[IYiER SAILING PROGRAM. ' . RESOLUTION NO. 01-1296 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE DONATION OF TWO NEW ESCAPE SAILBOATS, WITH AN ESTIMATED VALUE OF $5,000, FROM PERFORMANCE MARINE FOR USE BY THE DEPARTMENT OF PARKS AND RECREATION FOR ITS SUMMER SAILING PROGRAM. 18 December 13, 2001 17 AUTHQ E A , GATT OF:. , $ ,000, RQ DISC , Y 2041 2:4.0. UPGETED SOFCIVILERVICE pFFICFR PAIMENTOE C® I�ENaATxON O'SPECIAL(QUNL FC?R CVII, SERVCE EOARD. RESOLUTION NO. 01-1297 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $30,000, FROM FISCAL YEAR 2001-2002 BUDGETED FUNDS OF THE CIVIL SERVICE OFFICE, ACCOUNT NO, 240101-250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL SERVICE BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 2.18 AUXRM$��OI,ff:, 9, )6 F S L Y AR Ez ill 2.0Q2 BUDGPT I FUNDS OF ?QFFIC OFA HEAI2IN .BQ S . 'OR AY NT .OF C��MP�N TIO T(O SPECIAL C60N��> ; F(}R"CUDE EI�F RCE NT'��ARD. RESOLUTION NO. 01-1298 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $30,000, FROM FISCAL YEAR 2001-2002 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 001000. 850102.6.250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE CODE ENFORCEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. '40 A TT QI�IZE° ALLOCATION OF FUI�TDS _ $30,000, . R{ 1V1 FISCAL YEAR Q0I QQ BUDCxTED FUNDS {)F OFCE �P.ARDS`PAYET ;7 CQMPE TSATION„T0 SPECIAL COUNSEL FOR NUISANCE 3 TEME TT BQ RESOLUTION NO. 01-1299 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $30,000, FROM FISCAL YEAR 2001-2002 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT NO. 001000.850102.6.250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR THE NUISANCE ABATEMENT BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES. 19 December 13, 2001 �J 2Q AUTHOIRIZE GAGE OF LAW hIRM QF E ERMA S NT R�TT f EIDSON' A,OR IEFI�ESENTATION OFN C SE O AL k. YO , SRQA a�RESENT.�.TIVE OF ESTATF�=OF ANTQNSO �1 ,EXA�ER"S�QU—N� S'E CSI', ET A: RESOLUTION NO. 01-1300 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ALICE YOUNG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTONIO ALEXANDER YOUNG VS. CITY OF MIAMI, ET AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 99 -2994 -CIV - JORDAN, IN THE AMOUNT OF $100,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. RESOLUTION NO. 01-1301 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF RHODA WILTSHIRE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DERRICK WILTSHIRE VS. CITY OF MIAMI, ET AL., IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 99 -1958 -CIV -JORDAN, IN THE AMOUNT OF $100,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. 20 December 13, 2001 • 0 L7SSpN GONCRN�N BL7�L�INGS �'GYD �13GT+DT, VLOP a ALTERNA' S>NOR SAID Pi�O1',�R' AS P 'OF VIA 'LR PL Chairman Regalado; OK. Thank you. Mayor Manny Diaz does not have item on today's agenda, nor Commissioner Angel Gonzalez. We go to Vice Chairman Johnny Winton, District 2. Commissioner. Do you have an item -- discussion concerning permits for three -- Vice Chairman Winton. I want to defer this item. Chairman Regalado; OK. Vice Chairman Winton has deferred this item. You want to place it -- Vice Chairman Winton: We'll probably bring it back on January 10th. But we've got some additional work we've got to do and then I'll bring it back. Whether to bring it back on the 10th or the 24`x', I don't know yet. We're going to target the 10t". Chairman Regalado: OK, sir. Commissioner Sanchez, no items. District 4, no items. District 5, Commissioner Arthur Teele. You have two items, sir. Commissioner Teele: Yes. I'd like to take up the item -- Chairman Regalado: the discussion -- Commissioner Teele: Discussion item on demolition, and just sort of see where we are. And I'm very encouraged that the management and the Attorney have met on this item, at least. I'm somewhat concerned — is the Community Development Director available on this? Could you just give us a little bit of an overview, because this affects everybody's district. And this is the state of demolished buildings. About how many buildings do we have that are pending? How many are waiting funding or approval from the Unsafe Structures Board, et cetera, please? Hector Lima (Director, Building Department): Good morning. Hector Lima, Building Department. We did a study this week on all the cases and we found that there's about 200 cases that have been heard by the Unsafe Structures Board We are monitoring those cases. And out of those, 82 cases could be coming forward towards demolition. There's 21 multi -family and 61 single-family. It's going to require approximately six hundred thousand dollars ($600,000) to demolish these buildings. There are some buildings that are not in the target areas, and we're going to need about 80,000 of that original 600,000 to be from the general fund. We met with the Law Department, like you stated, and we streamlined the process and we feel that we can put a big hurt on these structures in the next four to six months. Commissioner Teele: In the next four to six months? Mr. Lima: Correct. Commissioner Teele: Has the problem with the County been cleared? 21 December 13, 2001 0 • Mr. Lima: Yes. A couple years ago, when we met with the County, they told us that we could have additional meetings; that we could extend the hours of the board; that they would be pleased to accommodate our needs, and that's why we have so many that have been heard at this time and it actually just moved the whole thing down the road a little bit more. Now we're looking at serving and we're looking at funding. Commissioner Teele: Mr. Lima, in the past, let's say over the last 15, 20 years, there are a number of buildings in Overtown that have been up for demolition. Now, the Mayor -- Mayor Diaz and the Manager and I, we toured the Model Cities area, and we see the positive impact of the removal of these demolitions, and it really opens the door for a massive redevelopment plan. And much of what we're proposing -- the cornerstone of what we're proposing in the Model Cities Homeownership Zone is based largely on the fact that we have huge tracts of land that were once slum, blight, and more to the point, were sources of high crime in an area, an area that was a single-family homeownership area, which, inappropriately, somewhere along the line of 10, 20 years ago got rezoned for multi -family. That's one fact situation. And we've done the right thing there. Overtown, however, is a different matter, and many of these buildings are in Overtown. In the past -- and I say this on the record -- every campaign manager, every political - - and I'm talking now about prior to '96 -- if you go back for 15 years and look, the City of Miami has invested well over twenty million dollars ($20,000,000) in Overtown in what is wasted money. And that wasted money was these Section 8 deals that the City gave them. We're working through all of that. The problem now is, there seems to be this emerging concept -- and I want to be very clear with the Community Development Director on this. I have no interest in propping up buildings that are inappropriate for an area, and giving Section 8 money or grant money or loan money, as I was approached on last Tuesday, in this Commission meeting, during the break, where people came to me, very outstanding citizens, seeking government money to begin this cycle all over again, OK. As far as I'm concerned, the buildings that are appropriate for demolition; that is, that do not have historic significance, do not have historic significance, should be demolished. What I would like for the management to begin to do is to develop an alternative use plan for the location through -- for these buildings throughout Overtown, which is, candidly, a City responsibility. It's not a district responsibility or a CRA (Community Redevelopment Agency) responsibility, and we need someone to develop a master plan. But the one thing that is not acceptable to me is to not demolish the buildings and to try to prop them up and throw good money behind bad money, because none of them are going to meet any of the basic requirements for open space, for parking, for all of these things. And that's not to say that there can be some exceptions, or should not be some exceptions on a case-by-case approach. But the rule, as far as I'm concerned, in my district, in District 5, and particularly in Overtown, is that this City will not subsidize buildings that are scheduled for demolition by providing government loans and government support for buildings that otherwise don't meet our zoning and planning code. In other words, even though they may be grandfathered in, you know, we shouldn't loan money to a building that doesn't meet our code today, except on a case-by- case approach. So, just because the building didn't have any parking, as an example, and just because — and I'll give you a classic example. We are in the process of supporting a developer, who is going to have about 120 units of income tax credit dollars -- he's raised about twelve million dollars ($12,000,000) -- we, the City/CRA, are providing some support for the commercial use. But you know what? They're going to build -- they're going to retrofit about 120 units. You know how much parking they're going to have? Not one parking space. So, that 22 December 13, 2001 argues against the CRA even putting a dollar into the building, to be very candid. But the point I'm making is, we have to look at these buildings on a case-by-case approach. But the rule is, as far as I'm concerned, if they don't meet the code, if they don't meet the existing code, not whether they're grandfathered in, the City should not put any soft dollars in those buildings. And those buildings need to be demolished, unless there's a historic or a unique reason for it. Any commercial building that is creating jobs, permanent jobs, there's a good answer as to why that shouldn't be demolished. If it's creating jobs, real jobs. So, I just want to be very clear because there is this movement back and forth: maybe we ought to not demolish some of the buildings and all of this kind of stuff. I don't want that in my district, please. Let's demolish the buildings, but let's come up with a master plan, and I'm really counting on the Planning Department and the Community Development Department to work together in creating that master plan, for what we're going to do with this open space or vacant spaces that are there, you know. And it may be infill housing. It may be some prototype infill housing. But a lot of this is going to be very difficult area. This is very difficult crime infested areas. And, so, I think we've come a long way. I mean, we have done more in the last four years than this City has done in the last 20 years in the removal of slum and blight. And I think that's not an overstatement, Mr. Manager and -- but I don't want to feel that we've done the job. And I would really appreciate if the management would begin to look creatively and I would urge you to talk to both Commissioners Gonzalez and Commissioner Winton, who have some expertise in these areas, as it relates to my district, as to the best way to approach a master plan on this. I think, you know, we need some senior centers. We need some quality senior centers, as our population gets older. I mean, there's a whole lot of things that we really need, and it's not going to come, I don't think, from the development community, because all of them are looking for subsidies. So, if we're going to subsidize, let's subsidize our policy, not, you know, people looking for quick deals. So, I appreciate you all looking at this, and I'm really encouraged that there were meetings held with the City Attorney's Office. The City Attorney has discussed this; that he's satisfied that we're moving forward, and I appreciate your efforts. Chairman Regalado; Commissioner, you mentioned the County. I just want to say for the record that Commissioner Roberto Sosa has designated her assistant to be here in every meeting. So, if there are any issues that we want to communicate to the County, she will convey that to Commissioner Sosa. She is very interested in the City of Miami. Vice Chairman Winton: Could I say something directly to Commissioner Sosa's aide, who's here. I want to apologize in advance, because I can assure you, at some point, if it's not this meeting, it will be a subsequent meeting, where I'm going to say something negative about the County, because we have a great deal of -- and I've talked to Commissioner Sosa about this -- a huge amount of frustration from a sin perspective, in terms of policies promulgated by the County that are detrimental to the rebuilding of our City. And we have huge frustration over that. And when you look at the individual people at the County and start identifying, you know, they're all good guys, you know. You know, you only identify good guys. So, it's this amorphous thing called bureaucratic government that gets in the way of the progress, and that's what you will hear me expressing frustration about, not the individual people. So, I want to apologize to you in advance, because you will hear it. 23 December 13, 2001 0 Commissioner Teele: And I -- his apologies go with mine, as well, for anything we may say. But, Mr. Manager, what's the Assistant Manager -- the assistant to the Manager that does governmental -- Carlos Gimenez (City Manager): We have two currently, Marva Wiley and Ronda Vangates. Commissioner Teele: It might be also appropriate if Marva would meet with -- Chairman Regalado; Gloria. Commissioner Teele: Gloria, and show her the ins and outs, the COW (Committee of the Whole) room and a place where she can make phone calls. Because I think it's to the City's advantage to facilitate any of the County Commissioner's, who are here on their official duties, as any official, and to make them comfortable, to provide them with appropriate seating and telephones. And we certainly welcome you being here, as well. Mr. Gimenez: Gloria knows her way around here pretty well. So, I think she's worked -- how did you work here, about 20 years? Ms. Glorida: Eighteen years. Mr. Gimenez: Eighteen years in the City of Miami. Ms. Glorida: (COMMENTS OFF THE RECORD). Mr. Gimenez: But we'll show her the ropes again. 24 December 13, 2001 • • 4(A) TAEDt REENTT ` DIJON NN` SOF SAI{V. 1 QU TI OCE2 j,1T� () MS. MAMA D"tFOLKOtr1TH°ROES FDUE i ST FOfi SUI�PORI' REG RUIN G I. DR N WITH 1 S�BILTT SOFMLII.TIP1 Q] T C4NTRACTIJRES.q> EFQRE B°AYFRQM 1 RK%1V 1N G ME �1T iR , Chairman Regalado: Commissioner Teale, you have another item? Commissioner Teele: Is Mr. Paul Barthole here? Unidentified Speaker: No, sir, he's not here. Commissioner Teele: All right. We'll defer it until around 11:30 or so. Unidentified Speaker: (COMMENTS OFF THE RECORD). Commissioner Teele: No, he's in route. He called the office, said he's in route. All right. Chairman Regalado; OK. It was the will of this Commission that we discuss early the confirmation of City Manager, Carlos Gimenez. However, I would ask you if we can just wait for a few minutes, because we have some persons here in the audience and they have a personal appearance. And I think we should accommodate them, and hear what they have to say. So, we have -- Julie. I'm sorry? Unidentified Speaker: (COMMENTS OFF THE RECORD) Chairman Regalado: OK. We have a representative from the Arthrogryposis Foundation. Unidentified Speaker: Arthrogryposis Foundation. Chairman Regalado; Arthrogryposis, right. Which supports children with disability of multiple joint confractures, to address the Commission. So, ma'am, if you -- OK. I got it. Your name and address, please. Marta de Norfolk: My name is Marta de Norfolk, and I reside at 14633 Southwest 132nd Avenue. The Foundation, I have given you a brochure, relates to an array of disease that impairs these kids to develop muscles. My son, Brian, is with me. And due to the lack of benefits to this disease by the government, I was forced to create a foundation to raise enough support for these kids. Even though they are sitting in a wheelchair because they have particularly benefits of having a great mind -- he's about average in the school system -- it is not considered to be a developmental problem; yet, he's 10 years old, he weighs only 33 pounds, and he's 47' tall. But he's an honor roll student. Therefore, he's not a developmental problem. Define that for me, and many other parents. I have a list of about 500 patients throughout Florida. Ms. Ileana Rosa spoke to the congressmen -- to the Congress in Washington back in June, trying to gain support, so that the federal government recognizes this disability to be a developmental problem so that they can benefit from the government. I'm trying to organize a center for these kids. I'm 25 December 13, 2001 trying to have a lot of programs available for them. Obviously, they are not going to depend in the future for their abilities -- physical abilities. They are going to be dependent on their minds. So, I'm trying to work a program where I can have an exchange program student with the organizations in Europe. There are about five organizations throughout Europe. Bring children from there here and from here to there so that they can learn different languages and become more independent with their minds than their bodies. Currently, I'm trying to organize a walk-a- thon in Bayfront Park, because you mentioned arthrogryposis and you go, what is that? Nobody knows what it is. You mention autistic. Right away, everybody knows what it is. So, Pm trying to make the public aware, what is arthrogryposis. It is the lack of developmental muscles, I'm trying to make the public aware what it is and to gain support, financially and emotionally. Most of us parents don't have any support groups, when we are faced with having a child born with this disease. I'm trying to make a walk-a-thon so that I could raise enough money and awareness for the public. The money will support us to create a center where they can have unlimited therapists, without limitations from the insurance or medicaid or whatever the case might be, where they can express themselves with computers and with technology. I contacted the Bill Gates Association and they are trying to give me a grant. Right now we don't have any funds available to do anything. That's why we need to do this walk-a-thon. Chairman Regalado: Excuse me. What are you seeking from the City, any --- Ms. Norfolk: Support to waive the charges that they are charging me to use the park. They are charging me tremendous amount of money that we don't have right now. Chairman Regalado: That is Bayfront? Ms. Norfolk: Bayfront Park. Chairman Regalado: Commissioner Sanchez, can you address -- Commissioner Sanchez: Mr. Chairman, if I can make a recommendation. I think that before she comes to the City Commission, I welcome her to come in front of the Bayfront Park Trust to discuss the issue. And I would think that it's not my decision, but it's a decision of the Trust to listen to your presentation and then decide from there. And whatever the outcome may be of the Bayfront Park Trust, then you can come to the Commission. I would welcome you at the next Bayfront Park Trust meeting, and I would ask the Executive Director of Bayfront Park to place you on the agenda so you could give the presentation you're doing to us. We'll be glad -- more than glad to help you put your event together. Ms. Norfolk: But -- Commissioner Sanchez: But we do have a strict waiver fee. We don't waive the fees, because if we waive it for you, we have to waive it for everybody. But I'm sure that we can help you with assistance and we could also help you in seeking -- Ms. Norfolk: Public awareness, 26 December 13, 2001 0 i Commissioner Sanchez: -- sponsors for your event. So, we'll be more than glad to do it, but I don't want you to go in there with the philosophy that we're just going to waive your fees, because if we do that, then we have to waive it for everybody, But we'll be more than glad to work with you. And you have my commitment to help you out -- help you as much as I can. So, I would ask you to attend the next Trust meeting, and we'll put you on the agenda so you could give this presentation to the Trust. Chairman Regalado: And what they do is, they have the expertise to get you sponsors. When you have sponsors, those sponsors will take care of any costs that they decide that you need to have for the event. Do you want her to go to your office and ••- Ms. Norfolk: I have contacted your office on several occasions, but I haven't gotten any -- Commissioner Sanchez: But have you contacted my office to speak, what, a meeting with me or to -- OK. Well, I think -- Chairman Regalado: But this is about Bayfront Trust. Commissioner Sanchez: I think you were scheduled for Monday and something came up and I had to go to work, at my other work, where I'm -- you know, where I'm able to pay my bills. So, I apologize for that. But I'll be more than glad to see you in a few minutes, and we'll make arrangements to have your item be placed on the Bayfront Park agenda at the next meeting. Thank you. Ms. Norfolk: I would really appreciate it. Commissioner Sanchez: Thank you. Chairman Regalado: Thank you. Ms. Norfolk: Thank you. Chainnan Regalado: Thank you very much. 27 December 13, 2001 AUT �I� Toy a �TET�p` c'ZSIAS "10rE VIITNG INCUDITGTAF FROM P S EA'M1T,AM POS STD.' IBXTTON AUTH�]R7TY (MS7A), REP SE1 4TIV;{S)' RQM azlTfA PRK- W4RKNG GROUP nND ANRIGN S®:CCE QRGANA'IC� TQ OR1UL'T �SNPtEIEj NS IVE P.,4N;F01'OUT TLEM )� Chairman Regalado: We have July Salas from the March of Dimes, and they have the 33rd March of Dimes Walk America scheduled for Saturday, April 6, 2002 at Peacock/Myers Park in Coconut Grove. I wish that Vice Chairman Winton he here. I don't know. Mr. Clerk, can you check if he's coming back? OK. Sergeant at arms will check, because -- tell you what. Commissioner Teele, do you want to proceed and then we do the -- Commissioner Tecic: If I could, sir. Chairman Regalado: Yes. We'll do the March of Dimes when Commissioner Winton comes back. That will be in two or three minutes. Unidentified Speaker: OK. Thanks. Commissioner Teele: All right. Paul, you want to introduce yourself and your people for the record? Paul Barthole: Good morning. My name is Paul Barthole. I am the Area Director for the American Youth Soccer Organization of Miami-Dade. With me are two members of my staff, Francois Court and Maurice Brant. Good morning again. I appreciate greatly the opportunity to come before you this morning. Again, my name is Paul Barthole. The American Youth Soccer Organization was established in Torrance, California, in 1964. It was the dream of a group of devoted soccer parents who started the organization in a garage. Today, AYSO (American Youth Soccer Organization), a non-profit organization run by parent volunteers has more than 60,000 and 660,000 players across the country, the Caribbean, Paraguay, Australia and Moscow. It also employs 60 people at its National Support and Training Center in Hawthorne, California. In Miami-Dade County, we serve over 2,000 players through more than 4,000 volunteers. I stand before you today, a volunteer, with over five years in the program, having served as coach, referee, treasurer, registrar, field coordinator, equipment coordinator, publicity coordinator, ct cetera, et cetera. You name it; I have done it. Since its establishment, AYSO has continued to grow. In 1971, the first girls program was developed. Currently, 43 percent of our players are girls. In the mid seventies, we welcomed our first player with Down's Syndrome. As a result of this landmark union, soccer was introduced into the Special Olympics. Today, AYSO offers its membership the Very Important Player or VIP Program for kids with special needs. VIP boasts 140 programs and approximately 5,000 players nationwide. In 1978, AYSO unveiled its new coach certification under its Safe Haven Program. The Safe Haven Program is designed to strengthen the organization's role in child protection. Although AYSO is primarily a youth sports organization, it realizes the importance of providing a safe and healthy atmosphere for children. AYSO is continually working to improve the education of its volunteers in the field of child development, human behavior and sports psychology. A strong emphasis is placed on ethics, and sportsmanship and the development of the whole child. AYSO is a national 28 December 13, 2001 0 • association member of the United States Soccer Federation. 'Through the years, the organization has also maintained relations with organizations such as the National Council of Youth Sports, the National Association for Sports and Physical Education, People to People, Police Athletic Leagues, the National Alliance for Youth Sports and the Josephson Institute of Ethics. AYSO has been the leader in establishing ground breaking youth soccer programs in the United States. Our mission is to develop and deliver quality youth soccer programs which promote a fun family environment, based on our philosophy of everyone plays, where boys and girls are not registered on their merits as soccer players, but rather under interest and enthusiasm. Our objectives are to teach, promote and develop our youngsters in body and character. Our objective is to create this program in Little Haiti. Since the traditional AYSO Program is run by volunteers and supported by fees collected by parents, it has been a challenge for us to successfully provide this program within the inner cities of the communities we serve. You may know that the game of soccer runs in the veins of Haitians. In Little Haiti, which we can place geographically between 360' Street and 86th -- 82nd Streets, Northwest 7th Avenue to the west and Biscayne Boulevard to the east, two gentlemen -- I should say two gentle souls spent five years trying to establish our soccer program there. Everyone who noticed them asked them why they were packing their small cars full of children from all over the neighborhood to take them to soccer games. In the end, their efforts failed. I notice some people are looking over for these two. There are the two. Those two are at their jobs. They're not here with us this morning. There are approximately 10,000 children, aged four to 18 years old in that area's schools. The median household income is below poverty level. Their parents are working mostly two jobs, or one or both are unemployed. A soccer program would offer several benefits to the area. Number one, pride. As soccer is the main sport played by Haitian nationals, the community would be proud to see its children dressed in uniforms, playing soccer on well-equipped fields, attended by properly attired game officials. Two, respect. The AYSO Program offers participants the opportunity to compete with other teams around the County. Their performance will earn them the respect of other communities. Extracurricular activities. Commissioner Teele: Paul. Mr. Barthole: Yes. Commissioner Teele: Let me tell you, the Commission may be just a little bit ahead of you on this. We -- we fully embrace and understand the demographics and the concern. What I wanted you to do was give you an opportunity to be on the record, because you all are, in effect, I guess - - pardon the comparison, but maybe the Optimists to -- what Optimists are to football and basketball in Liberty City and Model City, the AYSO is that to soccer. And especially the thing that I'm impressed with is the involvement of females, because I think so much of our programs leave women out, unintentionally, but more and more, we've got to embrace that. Did you have a specific request? Because this is what's going to happen: We thought we had asked you all to come in at 5 o'clock tonight, as opposed to this appearance. At 5 tonight, we have on the schedule I think a program that is very much in sync with yours we're talking about funding. And then what I would do is, I would be supportive today of passing a resolution by the Commission, asking the management to afford you the opportunity to meet with the Parks staff and the czar of soccer, the de facto czar of soccer for the City. I don't see him. Where is Chip? 29 December 13, 2001 Commissioner Sanchez: He's a lousy soccer player. Commissioner Teele: But Chip, who is on the Manager's staff, as well as meet with MSEA (Miami Sports and Exhibition Authority), as we try to develop a comprehensive approach. What you're saying is what this Commission not only has embraced, but by putting on the bond issue four months ago, the largest commitment to the single bond issue was in the area related indirectly and directly to soccer. So we realize fully that soccer is one way we can make the dream of our Mayor of one City, one future -- and that's Mr. Iglesias, if you haven't met him -- a reality. There is nothing that will put diversity together in this town like soccer in Little Haiti. I don't think there's any question about it, And so you're at the right place at the right time. And unless you have a specific request, I would move that the Manager be requested to meet with the AYSO representatives, and that the Parks Department and the appropriate staff facilitate a meeting with MSEA, as well as instructing the working group of Little Haiti to meet with you and receive a presentation. I would so move, Mr. Chairman. Commissioner Sanchez: Second. Commissioner Teele: Did you have a specific request on anything? Mr. Barthole: I would be prepared to have that for later on this afternoon. Commissioner Teele: OK. Chairman Regalado: There is a motion by Commissioner Teele, seconded by Commissioner Sanchez. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 01-1302 A MOTION INSTRUCTING THE CITY MANAGER TO DIRECT CHIEF OF STAFF CHIP IGLESIAS TO ARRANGE A MEETING INCLUDING STAFF FROM THE PARKS DEPARTMENT, STAFF FROM MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA), REPRESENTATIVE (S) FROM THE LITTLE HAITI PARK WORKING GROUP AND REPRESENTATIVES FROM THE AMERICAN SOCCER ORGANIZATION TO FORMULATE A COMPREHENSIVE PLAN FOR YOUTH SOCCER IN LITTLE HAITI. 30 December 13, 2001 i L.J Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Commissioner Teele: Paul, have you met with the Parks Director or anyone on their staff? Mr. Barthole: I have worked with the Metro -Dade Parks Department. I have a working relationship with the Optimists, as well as MSEA. Commissioner Teele: OK. I would ask the Parrs Director, Mr. Ruder, to acquaint himself to you during the period between now and 5 o'clock. And I'm sure Chip will introduce himself. And I think when you come back at 5; you'll have a very good meeting. Mr, Barthole: Excellent. Commissioner Teele: Thank you. Mr. Barthole: Thank you very much. Chairman Regalado: Thank you. Mr. Barthole: Thank you. 31 December 13, 2001 0 • Chairman Regalado: Vice Chairman Winton is back, so we'll ask Julie Salas, from the March of Dimes, to address the Commission concerning the March of Dimes WalkAmerica, scheduled for Saturday, April 6"', at Peacock Myers Park, in Coconut Grove. Ms. Salas. Name and address, please. Julie Salas: Yes. My name is Julie Salas, I'm Executive Director of the March of Dimes here in Miami, 8323 Northwest 12`h Street, Suite 208, Miami, Florida 33126. I'm here to request that -- you know, our 33`d Annual WalkAmerica is taking place on April 6th of next year. We would like to request that the City of Miami support WalkAmerica this year, to become a sponsor, so that we can get all the services provided by the City in-kind. We, in return, would make the City Commission a sponsor of this walk. It's the walk that saves babies' lives in our community. If you do that -- after the September 111' attacks, let me tell you what happened. We have lost a lot of sponsorship money. A lot of corporations that before gave us support actually wouldn't do it. So, this is the first time ever that we would request this from the Commission. I believe that you have a budget that has been prepared, requesting the waiving; of the fees and services provided by the City. I believe it's less than nineteen thousand dollars ($19,000). And we're here on behalf of the mothers and babies of this community to support us. Chairman Regalado: The budget is two thousand dollars ($2,000), Mr. Manager? Vice Chairman Winton: I can -- the only thing; I'm willing to support is the waiver of the fees that we seem to be wiping out -- I don't even know why I'm charging these fees anymore. So that we don't have to deal with this stuff. But I want to be consistent. I'm not in favor of the City becoming a sponsor for the March of Dimes Walk-A-Thon that then allows for -- that then puts the burden of paying for all the City -- direct costs that the City has for having the March of Dimes March-A-Thon in the City. I don't want the City to be responsible for that. And the reason for that is, if we do that for the March of Dimes, then we're going to do it for every single fundraising organization in the entire County that wants to come into the City and do their thing, and the cost is going; to be -- the entire burden of that cost is going to fall on the taxpayers of the City of Miami, and I don't think that's good public policy. So, the only thing I'm in favor of doing is waiving the fees that we waive for everybody that comes before us, every time they come before us, and I don't know what that is. So, Mr. Manager, would you help me with that, so I can -- so we could tell them what that is, or tell me what it. is. Mr. Gimenez: Trying to see what that budget is right now. I don't have that information here. Frank Rollason (Assistant City Manager): And I would love to help you with that at the moment, and I'm running somebody down that has it. I don't have it in front of me. 32 December 13, 2001 0 Chairman Regalado: Mr. Vice Chair, I would like to remind you that we all got a memo several days ago on special events. There was some money left on that -- Vice Chairman Winton: But this -- this isn't a special event. Chairman Regalado, I'm just --I am saying to you that -- Vice Chairman Winton: I understand that. Now, there's a bunch of special events that are coming that are different issues. This is a fundraising event, plain and simple. And I'm telling you, without question, if we do this for the March of Dimes, we're going to do it for every single Commissioner Sanchez: Mr. Chairman. Vice Chainnan Winton: -- fundraising organization in this County, and we're just going to be overwhelmed. So -- Chairman Regalado: Commissioner Sanchez. Oh, I'm sorry. Commissioner Sanchez: Yes. Commissioner Winton, I agree with you 100 percent. I mean, we have to be very careful how we start doing these, because I could see that things are getting out of control. And what I don't want to do is, once again, providing the assistance to organizations that come here, and they're asking for all kinds of waivers. Then how do you justify one from the other? But I do agree with you, that we could assist them in waiving some of the fees that we usually waive for everybody else. And once you do it -- my philosophy is, that you have to treat people equally across the board. That's why I'm very, very careful at Bayfront Park waiving fees, because once you do it for one person, then you have to justification to say no to somebody else. So, there has to he standardization in the process. However, this is a great organization. No one's going to dispute the fact. We're going through some economical hard times and, yes, sponsorships are very hard to come across. The City of Miami is willing to help, but, you know, we have to draw the line when we start putting "X" amount of dollars, or people coming in front of this Commission and saying, we want to waive everything. We just can't do it. We don't have the funds. We do have a special budget that is for special events. And at the end of the year, we end up mmning out of money, and then some people are left out. So, you know, Johnny, I agree with you and I'm prepared to make a second on it to allow for the City to help them on the fees that we waive for everybody, whatever that may be. Vice Chairman Winton: I tell you, as I sit here and listen and think about this, waiving the fees that we waive may be a mistake all by itself. This isn't a community event that's designed to draw people into the City to create the kind of interaction with these events that we support. This is a fundraiser, fundraiser. It's a great cause, but so is the Cancer Society and Leukemia Society and the other society and the other society and the other -- 800 of them. And I'm very, very nervous about this particular precedent, and -- Commissioner Sanchez: Waiving of any fees? 33 December 13, 2001 Vice Chairman Winton: I -- you know -- Chairman Regalado: Well, you have before you, Mr. Vice Chair -- Vice Chairman Winton: You guys help me here. I mean, this ain't going to -- Commissioner Sanchez: Well, I'm just saying that if we have waived fees for every organization that have come here and -- Vice Chairman Winton: But I don't know if they were fundraising organizations. You know, it's the festival this and the festival that and the festival this, you know. And a festival's a different thing. I mean, Commissioner Teele's convinced me of that. I don't know that a fundraiser is. Chairman Regalado: Well, the question is, how many people are we going to have in the Grove? Commissioner Sanchez: Well, if you talk about an economic: impact, there's a lot of people that come to the Grove that participate in that walk. Ms. Salas: Exactly. Commissioner Sanchez: And along the way, they spend money. There's no -- Ms. Salas: We have about 10,000 people that come -- Commissioner Sanchez: There's no disputing the fact there. Ms. Salas: -- and we provide businesses. Chairman Regalado; OK. Vice Chairman Winton: OK. That helped me. That helps mc. Commissioner Sanchez: People -- well, people do -- Mr. Chairman. Chairman Regalado; OK. So, if we want people, then we should have -- I mean, we have two columns here. City services cannot be waived. Vice Chairman Winton: Right. Chairman Regalado: Waiving of fees, you choose, Mr. Vice — Vice Chairman Winton: My motion, waiving the fees -- Chairman Regalado: It would be your motion. 34 December 13, 2001 Vice Chairman Winton: Waive. Commissioner Sanchez: Second. Commissioner Gonzalez: I second the motion. Commissioner Teele: Second. Chairman Regalado: OK. There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1303 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE MARCH OF DIMES WALKAMERICA TO BE HELD AT PEACOCK PARK, IN COCONUT GROVE, MIAMI, FLORIDA, ON APRIL G, 2002; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW BY THE DEPARTMENTS OF POLICE, FIRE - RESCUE, SOLID WASTE, PARKS AND RECREATION AND OFF-STREET PARKING, IN AN AMOUNT NOT TO EXCEED $4,482.50; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZER: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 35 December 13, 2001 Chairman Regalado: Thank you. Thank you. Ms. Salas: Thank you. Chairman Regalado: We have -- Commissioner Teele: But I've got to come back to this, because I think Commissioner Winton has been consistent about this and I've been trying to figure this out. And, to me, it gets down to -- and I'd like to get into this in just a minute -- but it gets down to this: We've got to send a new policy message to the Manager in the construction of the budget, starting in October of next year, and we've got to do that between March and June or July if we really want this thing to be well thought out. We've got to create in the Police Department and in the Fire Department a public service budget for all these so-called waivable fees, because this is the point -- Chairman Regalado: And in Public Works. Commissioner Teele: And to some extent, in Public Works. Chairman Regalado: And in Solid Waste, Commissioner Teele: We have a Police budget of a hundred and -- fully allocated budget of a hundred and -- Mr. Carlos Gimenez (City Manager): Fifty. Commissioner TeeIe: -- fifty million dollars ($150,000,000), and that whole budget is for crime and criminals. All the good folks, March of Dimes, the Boys' Club, the Three Kings Parade, all of the good things that the citizens who pay taxes for, we tax. them again to do good things, and the criminals get away with murder, because we're paying a hundred and fifty million dollars ($150,000,000) for them. And I'm just saying, we've got to figure out a way to bring this -- this should not be in the special events budget. There should be a line item in the Fire budget, in the Police budget, in the Public Works, Solid Waste, to some extent, that has certain mechanisms and certain recommendations by the Manager that literally account for good things that we want to do. The Orange Bowl Parade, I mean, it's kind of ridiculous to charge the Orange Bowl. But you've got to charge them if you're charging the Martin Luther King Parade, if you're charging Calle Ocho, then you've got to charge -- because of some degree of consistency. But to have an event that's a nationally televised event, people from all over the world will see it, and we're charging ourselves. We need to build in our budget a "good guys," if you will, or a community service component in the Police budget of a hundred and fifty million dollars ($150,000,000), we ought to build in 3 percent, 4 percent to help these kinds of activities. And this is what's so frustrating to me, Johnny, is that it makes it look like we're giving money. We're not giving money when we allocate twelve thousand dollars ($12,000) for Police. We're not giving the March -- we're merely paying the Police Department that we've already given a hundred and fifty million dollars ($150,000,000) to. So, it's just a question of changing priorities in the Police Department. 36 December 13, 2001 Vice Chairman Winton: Well, I'll tell you, it would thrill me if we figured this out, because this is total torture every time we go through this. I mean, you know, you -- Chairman Regalado: But that would be the solution -- Vice Chairman Winton: Yeah. Commissioner Regalado: -- of all of these debates, Commissioner Toole: But, Johnny, you've been very consistent. And when you didn't give the Goombay Festival money last year, it hurt me and I respected your district. But I want you to know, you know -- and then to see other organizations get it. And it's just not fair, when the Goombay brings all these millions -- these hundreds of thousands of people. It's the largest Bahamian event, outside of the Bahamas in the United -- in the world. So, we've got to figure it out. And it's not the Manager's doing. It's our job to do it. He needs to help us. Vice Chairman Winton: But maybe he could help us, because I don't have it figured it out. Chairman Regalado: So, the motion has been approved. Ms. Salas: People that came to the -- that come to the Grove, you know, this is televised. We have celebrities that come to our walk and are there, that they also support us. And I think it's a shame that we might even have to look for another place, you know, for our walls, because the costs are so prohibitive. Unidentified Speaker: We've had this -- Chairman Regalado: Ms. Salas, we just waive -- the Commission just waive around five -- four hundred -- four thousand -- Unidentified Speaker: About five thousand dollars ($5,000). Chairman Regalado: Yeah, about five thousand dollars ($5,000), because you waived the other fees, too. So, it's about five thousand dollars ($5,000). The only thing that needs to be paid is the Police and the Fire. And you can work that out, I guess, with -- you can stagger -- some people do that and save money. So, that is what you get, five thousand dollars ($5,000) in waiver. Jack King: And, Mr. Chairman, Jack King, 4031 (INAUDIBLE) Boulevard, Coconut Grove. I think it's important that you put on the record that it was -- it's a five thousand dollar ($5,000) reduction in revenue for the City of Miami, and if you want to do that, that's fine. I think Commissioner Toole is correct, that you need to do -- you need to come up with a plan to handle all of these types of things. For a long time when the City was -- Chairman Regalado: Well -- 37 December 13, 2001 Mr. King: -- officially broke, you didn't do any of it. And now they're beginning to creep back in more and more and more. Chairman Regalado: But five thousand dollars ($5,000) that the City will not get, but it would be seventeen thousand dollars ($17,000) on one side and five thousand dollars ($5,000) if they move this to Tropical Park. So, the City has -- I mean, everybody wants to come to the City of Miami and -- Mr. King: Everybody wants to come to Coconut Grove because it is a -- it's here. And I think that, as a resident -- I don't think -- Chairman Regalado: Well, I hope that everybody does, because that way, you know, Coconut Grove will be fine. But -- Commissioner Sanchez: Let's vote on the issue. Mr. King: Well, I don't think we have a problem with that. Chairman Regalado: It's already been voted. Mr, King: But I think that we need to have enough revenue generation in these events to make sure that when we have events that come here, that the infrastructure's taken care of. I mean, the Festival District Advisory Board was supposed to do that with their revenues, and it hasn't actually happened. I mean, there's money there. We don't know how much money. But the Grove gets beaten into the ground for these events all the time, and that's fine. We don't mind doing it. But give us something back to make sure that we can take care of the infrastructure when these events do take place. Chairman Regalado: Thank you. We already voted on it. Commissioner Sanchez: No, we didn't. Chairman Regalado: No, we did not? All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: Thank you very much. Commissioner Sanchez: Mr. Chairman, just on this. You know, I really think that the administration should direct -- come up with some type of mythology to try to prevent this. I mean, every time that we have organizations come in front of us, it really puts us in an awkward position that I really don't want to be in anymore. I mean, you know -- Vice Chairman Winton: Well, we have (INAUDIBLE). 38 December 13, 2001 Commissioner Sanchez: Well, we have to draw the line somewhere. You know, like you said, Johnny. You know, maybe a fundraising isn't something that we should be sponsoring or giving any money to. But, I mean, there has to be something in writing so we're justified in saying, you know, nay or yea, when someone comes in front of us asking us for money. Because although a lot of these organizations are very respectable organizations and they, you know, they meet their purpose and their goals, you know, the taxpayers may be saying, hey, you know, you sit up there and you act like Santa Clause or, you know, or you don't act like Santa Clause. But it just really puts us in an awkward position. I thought that we were getting a handle on the situation. We said, OK, let's take three hundred thousand dollars ($300,000) and let's allocate and fund these community projects, such as Martin Luther King Parade, the Orange Bowl Parade, the Three Kings Parade, and certain events. But now we're starting to see a pattern back again that every non-profit organization, just about everybody's coming back in front of the City with a major event, you know, and it puts us in an awkward situation because we don't have anything in writing or we don't have a standard that we go, no, we can't fund you. So, once you fund one person, then you have -- what justification do we have to tell another organization we're not going to fund them? So, I think we need some direction from the administration to come forth -- or maybe a resolution or some type of language that we can implement during legislation, where we -- hey, fundraising, we're not going to waive any fees, or some type of guidance. Because you know what? They're going to continue to come in front of us, they're going to continue to ask for the moon, and you know (INAUDIBLE) they walk away. You know, they just walked away with a four -- almost a five thousand dollar ($5,000) waiver, which is perfectly fine, because they're still going to pay for the Police and City services. And I think, honestly, it's a good organization. It's going to bring people to Coconut Grove and they're going to spend money there. But we've got to have something in writing to prevent this thing, because it puts me in a very awkward situation, and I know it puts us in a very awkward situation. I don't want to be put in the situation anymore. So, what I would like to ask is the administration to come back with some type of directions to prevent this from ever happening again. Because, you know, hey, it's just -- we're going to have a line one day of seven or eight organizations. They're all going to come to the City of Miami, because we're waiving fees. We're helping them. They don't go to other cities. They come here because we're doing it. So, once we tell somebody no, then we're justifying telling everybody else no. But we haven't been able to do that. (INAUDIBLE) we have to draw the line soon, to draw the line so we don't do this anymore. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Well -- yes, sir. I just wanted to say -- before Commissioner Gonzalez takes the podium, I just want to say, I think Commissioner Sanchez that all these organizations come to Miami because it's Miami, not because we waive fees. I think it's like New York, you know, it's big cities, you know, cities with -- that got more nosed to pay some dues, and we need to find some mechanism, because what we want is people in the City of Miami. We do not want to be part of a ghost town. What we're trying to do in downtown, what we're trying to do in Coconut Grove -- I mean, listen, I think that all of you have gone by the Gables, or the new shopping center that they're almost finished. That will be a problem for Coconut Grove. That will be really a problem for Coconut Grove, and we need to baring people, but -- so we voted, and 39 December 13, 2001 0 0 we have (INAUDIBLE), President of -- OK, Carlos not here. So, we are going to discuss the Coconut -- the Washington Mutual Coconut Grove Arts Festival. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: You know, it seems to me that one of the questions is, why we charge these waivable fees in the first place? Chairman Regalado: It doesn't make sense. Vice Chairman Winton: You know, maybe the policy we ought to be looking at is getting rid of all these permit fee things for all of these events, I mean -- Commissioner Teele: I think there's a reason to have it. I think what we need is a policy framework, and then we need an internal committee that can hear this stuff. Vice Chairman Winton: And determine if they qualify. Commissioner Teele: And determine if they qualify. Vice Chairman Winton: Yeah. Commissioner Teele: But we haven't done our job, and we keep pushing everything on the Manager, and these unlawful delegations to the Manager to solve our problems, and the Manager's doing his job. He's bringing it to us. Chairman Regalado: Commissioner, if I may. If you all want, I will work with the Manager to bring legislation -- Vice Chairman Winton: We would love that. Chairman Regalado: -- on the last meeting of January, and I will distribute to you legislation so you will study. The Commissioner Gonzdlez. Commissioner Gonzalez: Mr. Chairman, I happen to agree with Commissioner Sanchez, and also with Commissioner Teele. I agree with Commissioner Sanchez in the sense, not completely. I don't think that we should have the administration give us directive on how to handle this. I believe that we should have the administration make us -- give us some recommendations, and then we're the one that should be responsible to make a decision on it about the policies in reference to these waivable fees or whatever we're going to do. And I also agree with Commissioner Teele, that we can't blame the administration for these issues and for these problems. I think it's a great idea, we can create a committee or whatever to discuss these issues and come with recommendations, and then we have the: responsibility to adopt that policy. I heard -- apparently, some residents of the Grove are also opposed to have these festival or these 40 December 13, 2001 • • events. I can only hope, as far as my district is concerned, that we finally one day have the Miami River redeveloped and cleaned up and in good shape, and we would be more than happy to have all of these events in Allapattah, because I know all of the merchants in my area are going to benefit a lot from these type of activities. Thank you. Chairman Regalado: Thank you, sir. 41 December 13, 2001 7.BImED: PRESIDENT'FROM WASHINGTON` MiJ AL LOCONCJT GROVETS; FESTIVAL TO ADDRESS: COMMISSION , (See,#46). `ft Chairman Regalado: We have the Coconut Grove Arts Festival. Johnny, brace yourself. Vice Chairman Winton: Oh, I know (INAUDIBLE) -- you know, this is exactly what -- you know, the kind of thing we've been doing, should be doing. Chairman Regalado: Go ahead, sir. Name and address. Jerry Bernfeld. Good morning. Jerry Bernfeld with Washington Mutual Coconut Grove Arts Festival, 3427 Maine Highway. Apologize for Carol Romine not being here, but she's home in bed with the flu. We're here today to request the resolution to authorize us to use Peacock and Myers Parks and the streets of Coconut Grove for the Arts Festival, which will be February 16th through the 18th, and also to allow the authorization for the sale of beer and wine in the parks, and the streets during the Festival. As I said, the Festival's February 16t" to 18th, 2002. We've got 336 very, very talented artists that have signed up for the Festival this year. They're coming in from 42 states and two foreign countries, so people are definitely interested in coming to Miami for the event. As you all know, hundreds of thousands of people come to the streets of Coconut Grove over the three days, and they're looking forward to this one. Our phones are ringing off the hook. People are trying to figure out ways to get into the Festival, trying to find out information. You know, we're gearing up all of our plans to start a major advertising campaign, because definitely going to be one of the signature events in South Florida in the winter time. And it's the peak tourist season here, and we're very excited about the Festival that we're prepared to put on. Chairman Regalado: Commissioner -- Vice Chairman Winton: And you're looking for what? Chairman Regalado: He just want permits to sell beer and the use of Peacock and Myers. I really have a question, and you all will decide. I always think that the festival that you should not prolong the festival up to the Teremark building. What 1. think is that you should move the festival west; that way the people that attend the festival would also be visiting the stores and the other restaurants in the Grove. Here on this three -block, from: 27th to Teremark, there is nothing but the festival. When people decide to leave the festival, they would go that way to get their cars or that way and they will not be able to visit the stores and the cafeterias and the restaurants. The whole purpose of the festival, I think, is to bring people to what is one of the most beautiful areas in South Florida, which is Coconut Grove. And I also wonder why we don't have the festival farther west so people have to leave that way, and by doing that, they will probably just go into some cafeteria or even catch a movie in CocoWalk, browse in the stores. I don't know. It's a matter of marketing, but I think it makes sense -- I've done a little marketing. So, that is my idea. I don't know what will be your reason for doing this. Mr. Bernfeld: If I can address the point. We constantly look at the way the festival is set up, and the layout that we have right now works very well for us. Obviously, with the continued 42 December 13, 2001 0 0 development in Coconut Grove, we have to continuously re-evaluate what we're doing because more and more buildings are being constructed on the festival site, and we have to see now what we're doing affects the operation of those buildings. And that also holds true for the Main Highway location, which I think you're talking about. You've got a brand new residential development that's about to open up there, and we would have to gauge how having a festival on Main Highway is going to affect the people that are living there and need to have access to their residences over those -- that three-day period. Chairman Regalado: No, but I didn't say Main Highway. 1 -- you know, you said it, it works very good for you, but not for the Grove probably. Mr. Bernfeld: Well, we've had an awful lot of people that go out during the festival to see what happens in Coconut Grove that three days, and 1 think that we're pretty confident, the fact that all the restaurants are full those three days and, you know, whether the people are going to visit the stores or not -- Vice Chairman Winton: Commissioner Regalado -- I mean, Mr. Chairman, I have had a discussion with them about this issue, the staff, and I have 'been told -- and you might want to have a discussion with them also. In fact, I would encourage: that. But it's been awhile, so I'm a little fuzzy on the answer. But I think what I remember hearing, and it may not be factual, is that part of the reason for that is because if you move -- depending on how you move west or even -- (INAUDIBLE) south in that arena, the tricky part is leaving the streets opened so that people can get back into their homes, and that's been the tricky part of how you placed all of this stuff. And if it's on Bay Shore going back north again, there still are -- you know, you can come up Tigertail and come back down the side streets to get back into your condos and homes, and things like that. And, so, that's been a big issue. I think is how that question was answered to me, but it's been at least a year since I asked it. So, you might want to meet with Carol Romine when she gets back and ask her the same question again. Chairman Regalado: No. I -- it's just an idea, because I'm looking at getting people to the stores, not -- Vice Chairman Winton: Exactly. Chairman Regalado: But go ahead, sir. OK. What you want from the Commission is exactly? Mr. Bernfeld: Well, we requested the resolution for the use of Peacock and Myers Parks, the beer and wine permit, and then we also did send some correspondence to Commissioner Winton about some fees. Vice Chairman Winton: And street closures. Mr. Bernfeld: And the street closure. Vice Chairman Winton: So you've got street closures, beer and wine sales -- 43 December 13, 2001 Mr. Bernfeld: Use of the parks. Vice Chairman Winton: Mr. City Attorney, what else do we have to act on to -- I don't -- there's not a resolution in my -- Chairman Regalado: Do we need to do this separately, Mr. City Attorney? Do we need to do this -- the beer separate and the fees waiver or the street closure -- Alejandro Vilarello (City Attorney): Typically, we -- on an annual basis, we do this all in one resolution. And I'd like to review the resolution quickly to make sure we have all the issues covered. Chairman Regalado: Go ahead. Vice Chairman Winton: So, maybe we can comeback to this issue in just a couple more minutes and get a couple agenda items done. Chairman Regalado: OK. Vice Chairman Winton: While he reviews that. Chairman Regalado: If you want to do that. Vice Chairman Winton: So, you hold on a second and let us -- let the City Attorney review the resolution and then we'll come back to this. Mr. Bernfeld: Thank you. 44 December 13, 2001 S{)FABLED; 1VIS SILVIA C1 7A TO' DRESS COiVIMI ION ON RNING' DUWNTO�IVMI COM, WEBSITE. (See #22) x ,IBk' Cg1VI11ENTS�Q P1ZQ'S RSQLi]'IQN� FQR :CO NUT rROV tTS.45 Chairman Regalado: We have Sylvia Cejas to address the Commission concerning www downtownmiami.com site, and Commissioner Winton and -- Vice Chairman Winton, as Chairman of the DDA (Downtown Development Authority), I'm sure that you -- and Commissioner for the area -- of course, you'd be interested in this. Ms. Cejas, go ahead. Sylvia Cejas: Good morning, Sylvia Cejas, founder of Downtowmniami.com, 3133 Southwest 74th Court, Miami, Florida. I'm really pleased to be here today and introduce you to downtownmiamidot com. For the past year, we've been working diligently on this project. I met with many groups and organizations and have a real positive feedback to what this could do to really promote the downtown Miami area. I'm not here to ask for any money, I will tell you that. I'm here to actually seek an endorsement from the City. So, I'll be presenting you with a brief presentation, and then you can ask any questions you'd like. Vice Chairman Winton: Somebody get the lights. How about the big lights? Chairman Regalado: Lights. Lights, please. Vice Chairman Winton: Where's our assistant director in charge of lights and microphones? Chairman Regalado: Well -- Ms. Sejas: It might be a little crooked, but I think (INAUDIBLE). (COMMENTS OFF THE RECORD) Chairman Regalado: OK, Ms. Seijas: Thank you. Chairman Regalado: Sylvia, let me do something. Is it possible that we can do this a little later because we need to do the confirmation hearing, and maybe you can just work on the presentation and when we have it ready, we'll do it and -- OK? OK. So, lets do that because we're running a little late and the Commission wanted -- what I tried to do is accommodate the members of the audience that were here, but is there any resolution to the Coconut Grove Arts Festival, Mr. City Attorney, or do you want... Alejandro Vilarelio (City Attorney): They're working on it right now. 45 December 13, 2001 0 0 ]] M NAG To GO1 T I ER �ATic Oli ` E' �i T ST -);70; , P 1JR �VEW OF TME NT IMPRC?V r�...JW-BATTWPI� CITY PARTTS,IVUAi,' 1 VSAT<OldNTT INNOCT'"sV1AA; RENSITiTIO ;SUNIIVR iNTERNSHIPRQC a Chairman Regalado: OK. So, it was the wish of the City Commission to do the confirmation hearing for City Manager Carlos Jimenez in the morning :hours. The Mayor of the City of Miami, Manny Diaz, has sent a letter. You all have been copied with, in which he has formally reappointed Carlos A. Jimenez as City Manager, and the :Mayor say in his letter, "I hereby appoint you as City Manager and chief administrative officer of the City of Miami, Florida, effective immediately." And according to the City Charter, we need to have a confirmation hearing. The Commission will be able to ask questions to the City Manager. The City Manager will first have a presentation to the Commission and then we'll proceed with the question. Mr. City Manager. Carlos Gimenez (City Manager): Thank you, Mr. Chairman. I'd first like to, you know, thank the Mayor for this great vote of confidence and the honor that he has given me in appointing me as City Manager. Obviously, I've been here for about a year and a half I'm ready to answer any and all questions from the members of the Commission, and there's also a resolution that either should be passed out detailing if you so, you know, approve and ratify the appointment, there is a benefits propose -- salary and benefits package that's attached to the resolution, and I'm willing to answer any an all questions that come my way. Chairman Regalado: Any members of the Commission who wish to ask questions to the City Manager? Commissioner Sanchez: Mr, Chairman? Chairman Regalado: Go ahead, Commissioner Sanchez. Commissioner Sanchez: If I may -- thank you. First of all, I want to commend the Mayor for keeping his word and keeping the top management in place. I think, doing that, did not throw the City into a tailspin. I think that one of the most important things for long-term stability to the City of Miami is now the tough times that are ahead. There are a lot of issues that will challenge the City of Miami, and we've got to stay focused on. So, by the Mayor not making any changes in the top administration, I think it's a great job not doing that. Now, let me just ask some of the concerns that I have and some questions that I think are important to ask in this confirmation hearing. Being that the City of Miami is the number one poorest City now in the nation, I believe that that is one of the top priorities that this legislation -- this legislative body has, is to do everything we can to move downward on that list. So, I would like to ask the City Manager what recommendations would his administration provide this legislative body to move downward the City of Miami on those -- all those ratings that have put the City of Miami number one spot? Mr. Gimenez: Yes, sir. The issue of Miami having, you laiow, being the poorest City in the country is one that, you know, concerns me as well. The first things that we're doing -- and I'm 46 December 13, 2001 0 0 asking -- have asked already from Community Development director -- is to see from the data exactly, you know, what the problem is because it's not as simple as saying, well, we're the poorest nation -- the poorest City in the nation. We need to find out who those folks are and what their situation is because there is not going to be one simple answer to resolving the issue. We -- but from my own gut feeling tells me that we have a large number of elderly people on fixed income. The solution to their problem, it's not one of job creation because they're beyond their working years. It's a question of how we can make sure that we reduce their costs of living because they're basically living on a fixed income. And so make their costs of living to them and the burden on them as little as possible. In terms of other folks that are of employment age, I believe that some of the things we need to do in the City is to create or attract new businesses into the City that will create jobs, better paying jobs, that our residents can avail themselves of and increase their income levels and raise themselves, you know, out of the poverty levels. But there's also some thing, I believe, that we have to do in conjunction with the County and the state and the federal government. One of the reasons I believe that we are the poorest City in the nation is that a lot of the poor income housing is built in the City of Miami, and it's kind of like, you know, they build it, they will come. So, you have a lot of poor income -- low income housing in the City, so it kind of makes sense that if there's a lot of low income folks that live in the City -- fifty percent of the low income housing built by Dade County is within the City of Miami. I think that needs to be diversified somewhat. I don't think it's -- that is productive to the City and it's not productive to those folks to have them congregated in one small area because actually, although the City of Miami is the largest City, population -wise, than the County, it's really rather a small area. It's only 34 square miles. So, we need to work with the County to see if we can diversify that -- low income housing is made that we take our share, but that other -- the other areas of the County also, you know, have their share of low income housing to diversify it and create a better living environment, you know, all the way around. And also the policies of the federal government and of the state government in terms of, you know, their housing and their programs for the poor. So, it's really not a simple question to answer. We need some data and for each subgroup of that -- of those folks, we need to basically have a different strategy to see how we can deal with it. Commissioner Sanchez; Elaborating on the economic climate of the City of Miami. We are basically trying to do everything we can to improve the economics and also create a growing tax base, focusing on providing employment to our residents, and that -- that along with our -- being our top priority, I believe it's yours. All that (inaudible), what else can the City of Miami do to attract new businesses and what would be your suggestions through your administration? Mr. Gimenez: Well, one of the things that we have to do as a City is do -- is try to do what the -- is the job of the City the best it can, and one of the things it needs to do is to make sure the streets are clean; that we do infrastructure improvements to make it attractive so new businesses will come into the City. I think also part of the Mayor's initiative -- he's very education - conscious -- is that we have to somehow create linkages with the Dade County Public School System and other schools in order to have better educational opportunities within the City, to attract more middle income folks, and in that way, also attract more businesses to the City. So, my philosophy is really try to keep things as simple as possible. See if we can really get to the municipal business, and whatever those things that we should do as a City, do them right and try to keep that as simple as possible. Again, making sure the streets are clean, making sure that we 47 December 13, 2001 • 0 have, you know, good clean sidewalks, and that we beautify the City as much as possible. And I think, in that way, you can attract more people and more businesses into the City. Chairman Regalado: Commissioner Sanchez, if you'll just yield a second. I think there is also what the voters did on the 6th and on the 13th, and the voters gave this Commission the possibility of having some kind of remedy for new businesses that will decide to come to the City of Miami, under the leadership of the Mayor, which is one of his roles, of bringing new business and I'm sure that -- the Mayor's here and he will make a comment on that, and this Commission. We can bring legislation to this Commission and create new jobs in the City of Miami. So, that would be parallel to the bond issue and all those things. So, I just wanted to say that this, too, that the voters gave the City of Miami and its Commission and its Mayor, it's important -- and it's up to us, through the Mayor, with his leadership, and to us, to bring it to the Commission. Go ahead, sir. Commissioner Sanchez: Thank you, Mr. Chairman. Now that Standard & Poor's have upgraded the City of Miami bond rating up four steps from BB to BBB plus, how would your administration take advantage of this to its fullest? Mr, Gimenez: Well, you know, the quote in the paper is accurate today. While I am happy that we have been elevated and we got our bond rating, you know, increased by four steps by Standard and Poor's, I'm stili not happy that, you know, I think we need to go higher and we can and should go higher. Obviously, the higher that we go, the less the cheaper it will be for us when we know -- well, we have this two hundred and fifty-five million dollar ($255,000,000) bond issue and we're going to go back in the bond market, the cheaper will be for us to borrow money. So, it's obviously a great benefit, but I still believe that we can -- we can and should do better. I think the financial condition of the City is one that -- in terms of our reserves, I've asked Bob Nachlinger to look at our reserve status for the last thirty years. We have the highest reserve status we've had here in a long, long time. We have never defaulted on any bond payments, any debt payments. Now that, you know, we have, you know, stability back in government, we have the ordinances in place that will assure that we will not go back into the practices of the past, although we have to demonstrate it for a period of time -- and I'm sure that's why, you know, Wall Street hasn't increased it, you know, beyond what we got yesterday -- but I'm not happy -- well, I'm happy with it. I'm not satisfied with it. And I think that we can and should get a higher bond rating, and then that, in turn, will decrease the cost: of borrowing, even more to our taxpayers. Commissioner Sanchez: On the NET (Neighborhood Enhancement Team) Offices. Would you support re-evaluating the NET Offices in making changes to the concept? Basically, the issue here is to look into the NET Offices to find ways to fine tune it, although the NET office concept has worked, and I think it has served its purpose. I do think the time has come to re-evaluate and look at it. Would you support the re-evaluation of the NET Offices? Mr. Gimenez: Yes, sir, I do. And I also support -- I know it's been voiced by different members of the Commission in the past. We need to look at the NET Office, determine exactly what the mission of that -- those offices are and then staff them accordingly so that they can carry out that mission. NET was created and it was -- you know, things were added to it, et cetera, and it's 48 December 13, 2001 really kind of grown into the entity that it is today. It's time to re-evaluate it, give it its sense of mission and, like I said before, make sure it's staffed correctly to accomplish that mission and then let it do its job. Commissioner Sanchez: Also, on the issue of the contracts that are coming up, that are very important. You have addressed the issue on several occasions, and I had the privilege to go up to New York to meet with the bonding agencies and when you were asked the question of where we were -- that one of the issues that they were concerned with were the contracts coming up for negotiations of the contract. Where are you still at with that? What is your position on these four or three contracts that are being negotiated as we speak? Mr. Gimenez: All four are being negotiated as we speak. We are hopefully going to be resuming contract talks with the four unions. Commissioner Sanchez: Now, I meant the union contracts just for point of clarification. Mr. Gimenez: Yes, sir. The four union contracts are still up, and we will be resuming contract talks with them. Hopefully, some time late next week. In terms of what my position is: my position is that whatever the outcome of the negotiations are, we have to make sure that it will not put the City in any kind of a financial bind in the future. So, we will be looking at those contracts to make sure that the City cannot -- it's not just a matter of being able to afford it this year, but being able to afford it two, three, four, five years out and -- so that we don't go, again, back to the practices of the past, and I think that -- I know that the negotiations that we've had so far, that philosophy has been given to all four unions, and I believe that they're all in agreement with that. They don't want to see what happened here in the past, you know, to happen in the future. We need to be responsible. However, I do believe that the employees, they are behind the curve in terms of CPI (Consumer Pricing Index) increases for the last 10 years. We may have to, you know, do some adjustments to see if we can have them catch up a little bit in the next three years. Commissioner Sanchez: Once again, I want to commend the Mayor for his selection. I have worked with you now going on three and a half years, riot only as the Chief of the Fire Department, but as a City Manager, and I find you to be a person of integrity and honesty. I have had the pleasure to sit down and not agree with you on all issues. We have learned to agree and disagree, and I would like to congratulate you, if you get confirmed today, but it's been a pleasure to work with you, Carlos, and I look forward to working with you. Thank you. Mr. Gimenez: The pleasure has been mine, Commissioner, and I -- in terms of agreement or disagreement, I will always try to give, you know, the Commission my best recommendation. However, if the Commission decides that they want to go in a different direction, then I will obviously do my best to make sure that whatever direction the Commission and the Mayor want the administration to go into, that we'll do it to the best of our abilities. Chairman Regalado: All right, sir. We have Mayor Diaz :here. Mr. Mayor, do you want to address the board? I'd like to congratulate you and Commissioner Sanchez, Master of Ceremony 49 December 13, 2001 • • last night's event was unique, and it showed the new image of the City of Miami. So, congratulations on that event. Mayor Manuel Diaz: Thank you, Mr. Chairman. I really just wanted to come down to congratulate Mr. Gimenez and to thank those of you on the Commission for its support in terms of the reappointment of our Manager. I think it's extremely important and a testament really to all the work that all of you have done over the last few years and the work of the administration and our City employees, that we got such a bump yesterday in our rating. I'm very excited about that and look forward to working with all of you, and with the administration and with our employees, to continue to improve our ratings. I think, if you look at some of the deficiencies that they mentioned that we still need to work on, we've already had numerous conversations on that, and I think we can accomplish those things over the next four years. So, I just wanted to come down and say thank you for your support. Chairman Regalado: Thank you, Mr. Mayor. Members of the Commission, questions for the City Manager. Commissioner Gonzalez. Commissioner Gonzalez: Yes, Mr. Chairman. I have met with the City Manager on a couple of occasions. Well, as a matter of fact, on three occasions. We had a meeting last night and we discussed certain issues and certain concerns that I had. And, Mr. Manager, what are your plans in reference to working with the CBOs (Community Based Organizations) and CDCs (Community Development Corporations) in our City that build affordable housing, affordable home ownership housing that, at the same time, are increase tax base of our City? Mr. Gimencz: Well, what I'd like to see is to make sure that those organizations that are building those type housing units. What I'd like to see is that those -- that they would -- we could somehow give them help in increasing the value of those units and, in that way, you can actually, you know, create wealth for the people that will own those units. So, I'd like to see a reduction in density, but I'd like to see the housing stock that is built, even though it's for low income folks, improve, and that's what, you know, I'd like to see. In that way, it will benefit both the City and the people that would eventually, you know, live in those housing units, so that when they do turn around, they could -- if they sell those housing units, they'd get more out of it, and it elevates the neighborhoods. And one of the things I'm very interested in is making sure that we improve, you know, all of our neighborhoods within the City of Miami. Commissioner Gonzalez: OK. More directly, what I'm referring to is the attitude of the departments that deal with these organizations, which hasn't been in the past. It hasn't been the best attitude toward these agencies that, after all, are the representatives of the neighborhood because they are in all the neighborhoods day by day. They know the needs of the neighborhood. They need some housing. They need new businesses. As you know, I'm very familiar with these type of organizations because I have a big experience in what has to do with community based organizations and CDCs, and what I would like to see is more positive attitude toward these people that are, after all, helping the City achieve a more -- a bigger tax base by building these affordable housing, home ownership units. I know that it's not exactly rentals, but home ownership. And, at the same time, some of these organizations also attract new businesses 50 December 13, 2001 throughout our neighborhoods and to our communities that, at the same time, provide new jobs. So, that's an area that I would like to see some improvements. Mr. Gimenez: Yes, sir. What we want to do with -- I guess the services you're talking about is that -- I know there has been a -- there is a cap on the amount of dollars that we get from the federal government that we can use for community based organizations. What we want to do is to make sure that we develop a process that assures that all the CBOs are on the same -leveled playing field; that there is an evaluation, and that evaluation is based on what is best for different communities. And, basically, you know, the CBO will be funded based on its merits, and that's what we're striving to do. And if, in the past, you know, we've been viewed as less than cooperative, you know, we'll certainly, you know, talk to our Community Development folks and try to change that attitude because, really, we understand the value of those organizations, but, again, there are limited funds available and we want to make sure that we get the biggest bang for our buck when those funds are distributed. Commissioner Gonzalez: Well, I wasn't really advocating for more money for those organizations. What I was advocating was for -- to make sure that the process is expedited; that we don't delay project. I mean, if we have -- if we're going to decide that we're going to do a project, let's do the project. If not, let's say we're not going to do this project and that's it. That's the end of it. But we -- it doesn't make any sense to have a project hanging for three, four years and then these same organizations are penalized because they were not able to complete the proj ect. Mr. Gimenez: I agree with you, sir. I'm sorry. Commissioner Gonzalez: So, I wasn't referring to money. I know that we're limited in the amount of money that we receive from U.S. HUD (Department of Housing and Urban Development) and from the state, so, there isn't much that we can do. We cannot do miracles. Mr. Gimenez: Well, what I was trying to answer was that we want to develop a process for the distribution of that money, whatever that money is. But I agree with you in terms of, once we have funded a project, that we need to try to expedite that as much as possible and put as few hurdles in as possible. Although I do know a lot of -- some of those hurdles are federally -based hurdles and that we have to comply with, but we can also help those organizations, you know, jump those hurdles, and I'll be talking to the Community Development Director and see if she can assist those organizations in jumping those hurdles. Commissioner Gonzalez: Thank you. In reference to the NET Offices. Let me take this opportunity to recognize the Allapattah NET and commend the Allapattah NET. We have some NET Offices that are working, that are doing a great job, that are serving their purposes, but we also have some that are not doing that good of a job, and they have some problems, as Commissioner Sanchez mentioned. What are your plans to improve the services of these NET Offices and the attitude of the person? Because we have an attitude problem with some of the personnel on the NET Offices. We have to be more friendly. We have to be -- we have to enforce the codes; we have to enforce to law, but we can do ttiat with respect, with decency, with 51 December 13, 2001 0 • fair treatment. We don't have to be dictators to enforce the law and to enforce the codes, and I want to know what your plans are. Mr. Gimenez: Well, as I answered Commissioner Sanchez's question on the subject, we do need to re-evaluate, you know, NET as a whole and its mission; make sure that whatever that mission is, that we finally decide that, OK, this is what we want NET to do; that we staff it correctly. And while the vast majority of the NET employees are good employees and do a great job, we understand there are some that need remedial training in order to -- for them to better deal with the public. Also, you know, we need to be able to use a little bit of common sense in terms of how we deal with violators. There are some violators that, for lack of a better term, while their absentee landlords basically are here to make a profit, they really don't care about the neighborhood, and there are some that are -- that do -- some violations actually live in the neighborhood that just (inaudible), et cetera. You know, even though we have to treat them the same through the code, there is -- you know, we can -- there is a difference there and some common sense will have to be taken into consideration. And the folks that live in the City will be given every consideration and we'll try to work with them as much as possible. Those that don't, they're just here to make a profit and destroy our neighborhood, you know, maybe we won't work with them as well as the folks that live here. Commissioner Gonzalez: Another point that I wanted to consult with you is that through out my campaign, I had the opportunity to meet with many developers. We have to realize that these developers are people that are bringing new moneys to our City; they're bringing ways of recurring income to our new taxes to increase our tax base, something that we need desperately in order to finally become a successful City, and the attitude of certain personnel within the City hasn't been the more favorable and most friendly to these developers. The amount of complaints that I had was incredible. I went to different meetings and it was meeting after meeting after meeting that it was repeated to me the obstacles, the disrespect, the way these people were treated; people that -- they're only trying to do is to bring business to the City. Of course, they want to make money because everyone that is in business is to make money. But at the same time, we need these people to make our city a greater City, a bigger City, and a City without any financial problems, like we had in the past. I would like to see -- very much to see that we change the attitude of our administration toward these developers. As a matter of fact, one instance, I met a gentleman that had a development that was going to bring "X" amount of millions of dollars in recurring income tax to the City. The way that that gentleman was treated was so disrespectful that the gentleman is now actually building the same project that he was going to build in this City, he's building that project in Naples, and I have been invited to go and visit the project, OK. So, that is something that we definitely, definitely, have to change, and we're going to have to work hard on that and make, you know, make decisions -- whatever decisions we have to make to change the attitude and make sure that we are friendly to people that are trying to help us recoup our City and be in a more stable and economical and financial situation. Mr. Gimenez: Commissioner, at least since I've been the Manager, I know that -- well, I hope anyway that we've been a lot more development -friendly. We understand the importance of good development and good jobs in the City, and, you know, I've had numerous meetings with numerous people that want to bring projects here, and we've bent over backwards to have, you 52 December 13, 2001 know, these developers. We've expedited processes and that's the status quo. So, if you could, you know, somehow get me to this gentleman, I'd like to know what his experiences were and if it was during my administration, I'd certainly like to find out what happened because, again, mostly the comments that I'm getting from folks is that we're -- probably easier to do business in the City of Miami than in other places within this County. May not be outside this County. There are rules and regulations we have to follow and we do that, but we try to expedite those things as much as we can within the City, but there's always room for improvement. Commissioner Gonzalez: OK. And, finally, it is (inaudible) it has been in the press, all over the press that we have had some problems with our Police Department. They have had their problems. It's well-known by everyone, and what I expect is that we -- you help our Police Chief in every way that you can and assist him in any way that you can in order for him to be able to finally change the image of our Police Department and make it, once again, the department that we can all be proud of, as we were in the past. I know that the Chief is doing a tremendous effort to improve that department and to change that image and to clean the problems that we have there, but I just want to ask you to please make sure that you assist him in every way you can so that he can finally make the changes that need to be made. OK. Mr. Gimenez: Yes, sir. Commissioner Gonzalez: I think -- even though I haven't been a Commissioner in only two weeks, I have -- I'm aware of your job because I've been before the City Commission many, many times. I have worked with you in different projects and things that have to do with the community. So, I'm ready to vote, Mr. Chairman, on confirmation, whenever my colleagues are ready. Thank you. Mr. Gimenez: Commissioner, you have my pledge that I will be working with the Police Chief in terms of the image and the problems within the Police Department. Change is painful, but sometimes it's necessary, and we have -- we communicate on a regular basis, and I -- the Police Chief, you know, have my confidence that he's moving the department in the right direction. Chairman Regalado: OK. Thank you very much. Commissioner Gonzalez, any other member of the Commission? Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele. Commissioner Teele: Mr. Chairman, thank you very much. The time is 11:20. I want to start out by associating myself with the comments of Commissioner Gonzalez as it relates to the real need and the importance of encouraging the employees of the City to be much more differential and courteous and friendly to people. That's just a point that I'm going to pick up on. That's not my starting point. But I think one of the problems that we're confronted with, Mr. Manager, is; we have a real crisis in Miami -Dade County. The crisis is in quality of life. It's not about crime. It's not about drugs. It's really about quality of life. People are leaving Miami -Dade County -- and The Herald won't report it, obviously, because it's not good news. That (unintelligible) 53 December 13, 2001 ! 0 move, but it's sort of been swept under the rug. You've got newspapers like Sun Sentinel and the Orlando papers. If you really want to know what is going on in the whole state, we've got to really -- I'm reading a book right now, Churchill, The Last Lion, which was given to me by a gentleman sitting in the audience, and one of the things that was amazing in the period of England was how the British press just refused to quit to tell the things that it was doing for almost five years, four or five years. Certainly, there is no Nazi or no terrible things going on, but there's a terrible calamity, and the City of Miami is at the eye of that calamity, and you know what? We've got a problem and we need to face up to it. The problem is, people are moving out of the City of Miami, affluent. Now, there are some very positive trends, and Vice Chairman Winton is very much aware of this, and Buena Vista, and Morningside, in certain pockets, where we're having tremendous outward migration, but this is not a City problem. It's a County problem. It's traffic. Everybody knows traffic has gone to hell in a hand basket in this town. The grand jury's report is encouraging to at least acknowledge that. So, Mr. Manager, you've got a very difficult job, and I am very, very supportive that you are the man for the job at this moment in the City of Miami. Part of that problem is -- you live in the City, right? Mr. Gimenez: Yes, sir. Commissioner Teele: Everybody up here lives in the City, right? Mr. Gimenez: I hope so. Commissioner Teele: The Mayor lives in the City? Mr. Gimenez: I hope so, too. Commissioner Teele: OK. Well, you know, what's wrong with this picture? But, yet, the vast majority of the... Chairman Regalado: If we have not lived in the City, someone would have find out that. Commissioner Teele: So, you know, the seven of us live in the City, but the vast majority of people that work here in policy-making positions, I would dare say, that if you take a cut of seventy thousand, seven -five thousand dollars ($75,000) a year and above and you do a survey, I guarantee you that 75, 80 percent of those people live outside the City. That's their right, and there is no recrimination or no -- Mr. Clerk, Mr. Attorney, there is no -- Vice Chairman Winton: (Inaudible), Commissioner Teele: There is no punishment or no negative aspersions on that. It's our job to entice people to live here, and that's the challenge. The challenge is, we've got to get people. The by-product of that is this: Because the (inaudible) administrators largely don't live in the City, because the department heads largely don't live in the City, a lot of things that go on in the City don't get the same attention that they would get if they lived in the City. And, so, one of the things that I'm appealing to you is that, not only do we have to seek out people to live in the City and encourage people and provide positive enhancements, such as, maybe we ought to provide a 54 December 13, 2001 loan program -- you know, we could provide a loan program, a favorable loan program, for people to buy in the City. I met with a firefighter just the other day on the -- as relates to, you know, the election stuff, and he said, "You know, Commissioner. Regrettably, I'm leaving the City." He wanted to tell me why. But I think there is some real effort that needs to come from you, Mr. Manager, on what we can do to get people to move back into the City because we have a tremendous outward migration and it's not a City problem. It's a bigger problem. Mr. Manager, I'm obviously supporting your -- the Mayor's nomination of you and I'm here today to just try to put a few things on the point. The NET Offices. We've talked about this when Raul Martinez was the Assistant Manager. He promised me faithfully that he was going to have a workshop, a retreat, and they were going to come back with a NET structure and personnel structure, et cetera. Of course, we know what happened. He moved on to another job, and this is one of the big problems with the City, the turnover. Can we expect, at some point -- and can you just comment on -- when can we get a NET staffing and a NET review, a missions review? And I am very concerned about one thing -- and I'm going to bring this up, particularly as relates to the Building and Zoning Department. We are inviting corruption and abuse if we don't rotate NET staff. We're inviting it. It's just going to happen, just like day follows night. There needs to be, just like in the military, a term of office. Everybody needs to know they're going to rotate. These NET administrators getting these jobs and they feel like it's their job, which is good. They buy into it, and then, before long, we've got the tail wagging the dog. And I'm asking you, specifically, will you consider these things -- and I don't know how my colleagues feel, and I would invite you to talk with them, But we're -- if we keep letting these NET Offices be disproportionate, be dysfunctional in some ways in the staffing, people got in these jobs and stay. They don't have a term of office. There's nothing wrong with somebody who's a great NET administrator in the northeast going to the southwest. It doesn't mean they've got to leave NET but I think we're inviting a problem, and I'm asking for your consideration of staffing, of standardization, and of evaluation of the mission and role of NET, and the models of the NET. In particular, I've asked your staff to come up with a model office structure, including Police and NET. And I'd like your comments on that. Mr. Gimenez: Yes, sir. I support your views on it, and you have my commitment that, "A", we will do an evaluation and a recommendation for NET, and have it ready for you -- for budget time so that it can be implemented by next year, for next -- the next budget year, and I think that would make the most sense, so that we all -- you all -- during our budget, we should have a budget workshop with the elected officials some time January or so, so that we can get your vision. And then we can now then set the dollars in motion to make sure that the NET Offices are funded correctly to do the mission that we all agree that they should be doing. Like you said, I have no problem in rotating of NET administrators and NET folks from one area to another. Having them in one area, although it helps in certain areas, in certain things, it also can be a hindrance, and there is always a propensity of empire building where, if you stay in one place too long, and if you know that, you're going "This is my empire. I built it up because I'll be here forever." You don't have that kind of attitude when you know that you're going to -- the empire you will be building, you are building for somebody else because you're going to be moving on. So, I will also look at that. But, also, you know, you have to take into account, if we do that, you will get some opposition from the community groups because they kind of like their NET administrator. If their NET administrator is a good administrator, they will fight tooth and nail to 55 December 13, 2001 • 0 keep that administrator in the area, but I'll certainly evaluate it and give you a recommendation in that aspect. Chairman Regalado: Commissioner Teele, just yield for 30 seconds. Mr. Manager, I've listened to three members of the City Commission, and all of them had addressed the NET issue, but I have heard you twice say we need to have the funding for -- to pay the people necessary to do the services. I have perceived that what the members of the Commission are saying to you, it's not about more employees. It's about the philosophy of the NET Office, and I would, of course, have some comments on that. But I just thought that =- Mr. Gimenez: Commissioner, I didn't specifically say that we were going to have more employees. I think we need to establish the mission, then determine the number of employees. We may have more employees than we need because the mission may change, but in the end, whatever that mission is, they need to have the number of employees in order to carry out that mission, and then do funding necessary. I didn't necessarily say it was going to cost more. Chairman Regalado: I'm sorry, Commissioner Teele. Go ahead, sir. Commissioner Teele: Let me move just quickly to the Police. You know, one of my colleagues, that's no longer here, Commissioner Plummer, tried for four years, unsuccessfully, to get any kind of review of the Police Department, and I saw him fighting that quagmire: Peer review: We wanted an outside -- I mean, you know, if we go back through the budget process, it took a year to get the scope of services, et cetera. Mr. Manager, one of the things that I think we need -- and, you know, the thing that the County has shown tremendous failure is to respond intelligently -- in other words, not build the barricades and go into the bumpers and all of that. We've got problems with the image of our Police Department. I think the one thing we need to do is, we need to have a Peer Review. We need to bring in five or six Police Chiefs from around this country, through the appropriate association, and begin a process that at least reflects that we, the Commission, are concerned, and I'm prepared to mandate that, if a majority of the Commission would do it, but I think -- you know, I've seen how the police react when you would talk about something as simple as allowing the County and the Florida Highway Patrol to cooperate with the festival in Little Haiti, and you start talking about, "Well, we don't want police that don't know our City in the area." And there's resentment and this and that. You know, there's this thing about mutual aid where, if, for some reason -- police see bringing in the reserves as "I didn't do my job," and I don't why that mindset. I saw this for years at the County, and met with the various Chiefs about the City's reluctance to do it, and many of the riots, quite candidly, that did a lot of damage -- and I'm not talking about the major ones in the 80s, but in the 90s and in -- those situations, those got out of control because people were just slow to bring in support. There's a mentality there that is defensive. I would like for you to talk to the Police Chief about designing a Peer Review process that the Chief would be comfortable with. But I am certainly interested in designing something that comes in and looks -- because I think we need to open the books, to so speak. We've got a federal U.S. Attorney already doing that. We can't control that. I seek to influence it or be involved in it. But I think we, as a Commission, must be proactive. We've talked a lot about the budget in the Police Department. I think we've got to make major changes in the philosophy, and that's going to require a discussion between you and the Chief on how we can make people available for the kinds of positive things that are 56 December 13, 2001 going on in our community, and so we can put it in the budget and have a budget line item there. It's going to affect patrol; it's going to affect some things, but we have the resources to do it. It's just a question of the Commission making that a policy. I also would like to know how much money we have been secretly -- or I shouldn't say secretly -- how much money we have built into our budget for Bayside, for example. Because it's my understanding with the Bayside budget, Police, we provide a lot of police for Bayside that's based upon just "It's been that way for years and for years and for years," and it's not reimbursed. And I don't want to make an issue of that. I think Bayside's a good thing, but it happens. But we need to understand it because it's happened and it's built into that. And, finally, as it relates to police, I think the Police Athletic League has tremendous potential. Could be a great part of this community effort. I think, nowhere is it more evidence than, say, in Little Haiti, where we've got a tremendous problem with youth, juvenile, and one of the last remnants of our hot spots in crime is over there, and I would like to encourage you to work with the Chief to make the Police Athletic League something -- not to move out the Boys' Club or the -- but to create new opportunities and to augment existing opportunities, like in Overtown, where we have a lack of support for a lot of things with the Police Athletic League, and I'd like to know your response to those three or four bullet items in the Police Department. Mr. Gimenez: In terms of the Peer Review, I would support such a review. I think it's important. I think one of the steps that the Police Chief did in actually hiring an Assistant Chief outside the Police Department was an attempt to get a different point of view as to what was going on within the Police Department. I have no problem with that. I think it's always good to go outside to see what other people are doing and what they think of your organization, and get constructive criticism or recommendations as to make your organization better, and I will be working with the Police Chief on that, to see if we can get four or five of the top Chiefs, maybe not just around here but around the country, to come in and do some kind of review and give some kind of recommendations, In terms of the Police Athletic League, I'm in a hundred percent agreement with your position. One of the first things I did as Manager was, and the Police Chief did was, he allocated a half a million dollars ($500,000) from the Law Enforcement Trust Fund to create additional positions for the Police Athletic League because we think -- we share the philosophy that it's better to affect the youth before they -- you know, give them something to do versus them, you know, being, you know, on the street with nothing to do. Idle minds, you know, do create some problems. So, if we keep our young folks busy with some positive activities, it will benefit them and it will benefit the community. So, we are in a hundred percent agreement on that and I'll be looking toward the Police Chief, at the next budget time, to see if we can allocate more resources from the LETF (Law Enforcement Trust Fund) to increase the resources of PAL (Police Athletic League) to offset those parts that may not have a Boys' Club or an Optimist, et cetera, that's working in that park in order to create more programs in different parts throughout the City. Commissioner Teele: And, again, I am in full agreement and I appreciate and embrace your statements, if you're willing to do that. Let me say this because the Chief appears to have left the room for a minute. I happen to think that he was one of the finest Assistant Managers that I had the pleasure of dealing with. You know, there's always a grading that goes on in your mind, and I want that -- you to know that. I reserve opinions still on the current position, but as a human being, I happen to have a great, not just admiration, but love for -- malely love for him, and I do agree that the idea of bringing in a person from the law enforcement -- from the state was a great 57 December 13, 2001 move. I am very concerned, however, about the bureaucracy that he's pushing -- that he's involved in, and, again, it's one of those kind of things that it consumes you if you don't figure out some ways to break out. And I wanted to say that -- and he's obviously back. But the Parks Department, I'm concerned about the funding for parks. I think it's -- again, we need to find more ways to put money into good guys. I think PAL (Police Athletic League) -- I mean, the Law Enforcement Trust is one of these areas again. We can look at that. And I also think technology is something that we must try to codify as a part of our parks program, and I'm requesting that you and the Law Department to work together in looking at the code provisions that define what our Parks and Recreation facilities are, and that we begin to redefine it to include a technology component. We keep talking about being one of the poorest cities in the nation or the poorest city, but it means we have special obligations and special opportunities. I really think that we should be out there in the grant making business, writing grants to the Gates Foundation, among others. There is tens and hundreds of millions of dollars in Washington, and these fees that are built into your telephone bill, that goes to some unknown agency in the Department of Commerce, that gives out grants to primarily to universities and schools, but we need to get in that mix. And I think there's some tremendous opportunities, and I'd like to know, do you -- can you support the notion that we are -- the concept is this: If we're the poorest city, that means a lot of our homes -- 30 percent of the homes in the inner city, according to census of 1990, don't have telephones. If you don't have a telephone, it's pretty hard to hook up your computer. And if your classroom teacher is giving homework assignments on the Internet, guess what? That's just like not giving a kid a book, and even in a segregated area, you've got a book. You know, it may have been a secondhand book that came from the other race, but you at least got a book. We're at the point now, today, where we're giving assignments in the school system, et cetera, and they don't have technology at home. We're late, basically, writing them out of society, and I think our parks have got to be more than places for football and basketball and technology, and I'd like to know your comment on that. Mr. Gimenez: Yes, sir. I fully agree with you. And in terms of -- I'm fully supportive of changing the definition of parks and include technology because it's not just -- you're right, it's not just about sports, but it's also about giving young folks an opportunity to do other things and get them off the street. We're also going to want to work closely with the Dade County School System to see if we can get into some partnership with them in some of our parks either by building primary learning centers in some of our acres that we have that will lessen the burden on some of our elementary schools, but our concept is also that, OK, it will be used for -- as a kindergarten, Pre -K program during the day until the early afternoon, but then we could use those facilities, you know, for later on for other kids that are getting out of school to use those facilities. So, I'm certainly in agreement with you on your statements in terms of technology, and also learning opportunities and using our parks, not just for sports, but for all types of different activities. Commissioner Teele: Mister... Chairman Regalado: Commissioner? Commissioner Teele: Yes. 58 December 13, 2001 Chairman Regalado: Just very brief I really have to go. As Chairman, I thought that I would be last and so, I ask you if we can continue, Mr. Vice Chair, this hearings when we come back in the afternoon, if possible? Still the Vice Chair needs to address and Commissioner Teele needs to finish. I just -- I have several questions and several comments, and, Mr. Manager, I just want to say that I'm prepared to support your nomination. So, all -- and my questions that I will be asking, please think that it's not personal. It's business. But I want to leave you with one. I have -- I'm troubled by -- and still troubled because I almost got killed, politically, with friendly fire with this thing on the one hundred thousand dollars ($100,000) on the bonus. So, my question in the afternoon will be, if -- yeah, the bonus, Santa Claus thing. If -- on this matter, did you knew before -- you don't have to answer yet -- that this hundred thousand dollars ($100,000) were to be used for bonus, and if you did, did you hide information from this Commission or you expected that this Commission will ask you exactly for the purpose of this bonus? And I would also have other questions about the NET Office and the image of the City of Miami. So, I'll be back in the afternoon. Mr. Vice Chair, if you want to... Vice Chairman Winton; Mr. Chairman, what do you want -- Silvia Cejas has been waiting because -- Silvia, frankly, I think it would be good if all of us were here for your presentation. So... Chairman Regalado: And, you know, Commissioner Teele has always said that the two major roles of the City Commission is the budget and the confirmation of the City Manager. That's our power. So, I think that, you know, we should use the time that we need to talk to the City Manager because it's important -- you know, we're going to be working with him for the next years, and to think that I did the motion saying that, you know, I was hoping that he stays a hundred days when he was appointed. So, he's been here a year and a half. So, Carlos, you know, I said, I'm ready to support you, but I have several questions on -- and I'll do it in the afternoon. Thank you. Commissioner Toole: If I may continue, Mr. Chairman. Let me just say this before you leave. I want to particularly commend Mayor Diaz and you because one of the things that has created, I think, this concept of game playing among Commissioners and misinformation is because of the Sunshine Law. It doesn't allow us to talk to each other. So, in the past, everybody goes up and talks to the Manager one on one. It's very helpful, I think, in terms of not just us talking to you, but for us to share with our colleagues what our concerns are. I know, in the past -- I'm talking about in the long past -- I always heard that there were one or two managers here in the City that used those private meetings with Commissioners to play against other Commissioners, and I think having this kind of transparency is not only good for the public, but it's really good for the Commission to understand what each other's priorities and concerns are. So, I want to commend you, Mr. Manager -- Mr. Chairman, because this is really the first time, I mean, that we've really engaged in this. We started this, I think, with the guy who was the Mayor that -- Manager who was from Miami Beach, Garcia -Pedrosa. But I think, subsequent to that, there wasn't even -- there was an effort to even just shut down any discussion on it. Note for the Record: Chairman Regalado exited the Commission chambers at 11:45 a.m. 59 December 13, 2001 Commissioner Teele: If I could continue. Efficiencies in savings is something that is important to a number of my colleagues, and I commend my colleagues for trying to get savings from departments. Commissioner Teele: Mr. Chairman, I think -- and I'd like to know your view -- I think, first of all, we don't have enough Assistant Managers, and I think, second of all, we have far too many departments for a city this size, and I would urge you to look at cities like, Ft. Lauderdale or Tampa, or Orlando, and I don't know. I've not done it, but I think we've got too many departments. I would like to know your view of the Assistant Managers because my view of Assistant Managers are not managing departments. They're coordinating across all of the departments. In other words, they may have a list of departments that report to them, but their role is primarily that of coordination. The one observation that I make in the City of Miami is that our departments are not well coordinated with each other, and I want to say no matter what anybody says, no matter any of my colleagues -- I've served in the military; I've served on the Joint Staff; I served on the General staff. I know what coordination looks like. We don't have coordination. And my fear is that the Assistant Managers are operating under the assumption that they run these departments, as opposed to coordinate. And, so, my view is, we need more coordination. Far more coordination. Technology is a classic example. We're building a park in Little Haiti, the Culture Center, which I appreciate you going to. When I started asking about the technology outlets or the plugs, OK, for Net 9 and all of that, you know what? There ain't none. It never got there. Now, is that the Parks' Department fault? Well, they don't even build the facilities, but they ought to own up to some of this. Is this the Public Works Department's fault? Well, they'll say this is a state contract, but still they oversee construction, and it is a state contract. Is it technology's fault? Probably more than anybody else, but we sit up here and we mandate that AT&T (American Telephone & Telegraph) is going to make these connections with these facilities. They're building a brand new one and, yet, there's not even a conduit for technology in the whole building. So -- and I'm using that all as an example of the -- a simple project -- a parks project it's built by Public Works, which is great, We don't need parks out building buildings. We've got technology involved. Probably some other departments, as well. So, would you commit to looking at the structure -- the number of departments and the structure and look within your own mind, redefining the role of what the Assistant Managers are or defining really what the role of Assistant Managers are and do? Mr. Gimenez: Well, I share your -- I will definitely look at different cities and compare comparable cities and see how they're structured. I have no problem in doing that. I don't mind stealing ideas, and if they work -- if it works somewhere else, may work in the City. In terms of the role of the Assistant City Managers, I view them the same way as you do. They are coordinating the different -- the whole City, and the three AGMs (Assistant City Managers) should have a close working relationship to make sure that the departments that are reporting to them are all, at least, you know, somewhat, you know, coordinated in their efforts. We have a staff meeting with the upper level, the ACMs, myself, et cetera, every week so that we set some kind of direction where the City is going, and then it's up to the three ACMs to meet with their folks and to carry out those -- that same direction. Are we doing it as well as we could? I agree; we're not. I don't think we are. And there are times when there is a lack of communication. I'll be looking at ways to improve that communication and that cooperation, you know, in the next year. 60 December 13, 2001 0 r Commissioner Teele: Mr. Manager, everybody is looking for accountability. Now, for the first time, we have more accountability in our school system. The Mayor is accountable to the people. They run -- he runs for office. Each of us are accountable. You are accountable now in this process. I'm concerned about the evaluation of Assistant Managers. They work for you, but they are an extension of you, and while the Charter precludes us from becoming involved in personnel matters, I think it's very important for you to meet privately with each of the Commissioners and gain an assessment of the Assistant Managers in both the functioning and the role. I have not met with the Mayor on this, but I intend to do so, but I want to be very clear on the record on this, that I think that our department heads should be evaluated annually, and it should be evaluation in the personnel file, as every employee of the City should be evaluated by their superior. I am very concerned that Assistant Managers are sort of in the twilight zone of this whole process, and I would like very much for you to make some input to the Mayor and subsequently with the Mayor, with the various Commissioners, as he meets with us, on how we're going to approach that in this regard. I would also comment that I'm concerned about diversity or the lack of diversity, and I'm particularly concerned about the lack of African Americans in the senior most positions of the City of Miami staffing. I've said that, I think, with Garcia -Pedrosa; I've said it with Commissioner -- Donald Warshaw, and I'm saying it again with you. I think the City is really at a point where we're beginning to appear as if there's not opportunity. In that regard, we have a very successful program called the Summer Internship Program. That program was an effort -- and in the County, it's a very successful effort, I might add -- to go out and really aggressively recruit both women and minorities that are underutilized. I was unaware, expect when I was commenting to The Herald, about the imminent departure apparently of one of the people that work for the City Commission, and I was using this program as an example of the efforts that we are taking to try to recruit, and guess what? They then called back and said that the program is not -- it was funded last year, but it's not being funded. Can I get your commitment that you'll review the Summer Internship Program for this coming year as a budget amendment, if it is an effective tool, in recruiting particularly women and blacks that appear to be grossly underutilized in the City? Mr. Gimenez: You have that commitment. The only reason it was cut out is because of the budget problems that we had. It was originally in the budget. It's one of those three percent budget cuts that we had to do. We found -- Commissioner Teele: As a result of... Mr. Gimenez: We have found great employees from that program, and we really did like it. It's just one of those thing that had to go because of the budget problem that we had. Commissioner Teele: All right. In the same vein, I should just mention that Solid Waste appears to be getting more into the problem of equipment again, and I would hope that you and -- I know we've got this one arm bandit thing coming on -- Mr. Gimenez: Yes, sir. 61 December 13, 2001 0 • Commissioner Teele: -- on line, but I would hope that we won't -- that we will continue to look at the Solid Waste needs. As it relates to the Miami -Dade County/City Commission. We've heard a lot about the PILOT, the payment in lieu of taxes, and, yet, we know that the emergency services are not reimbursed at all for the City. Got Water and Sewer. We got infill issues. I would just ask your commitment to work closely with the City Attorney in developing a comprehensive positive response that protects the interest of the City in these and other areas because we want to have a good relationship with the County, but we don't want to continue this pattern of the City picking up the bill. And we also have fiends that haven't been released by the County based upon the Arena, which should also be added on this. So, can you... Mr, Gimenez: That's right. And also the parking surcharge also. Commissioner Teele: So, would you willing -- I assume again that you can work with the City Attorney -- Mr. Gimenez: Yes, sir. Commissioner Teele: -- on these matters. Labor relations. We've touched upon it. Police, Fire, General Employees, Workers' Comp. areas are very, very important. I think it's very important that the Commission be fully informed and be given options, and that we don't try to negotiate -- that we don't try to put the County -- the City Commission in a box, and I'm asking that you would keep us informed on the labor relations issues, particularly as we looked at Workers' Comp. with a fresh view. Mr. Gimenez: Yes, sir. Commissioner Teele: Mr. Manager, I have just a few concerns. Let me just say this. The Building and Zoning Department, in the campaign, the one thing that I heard throughout -- for the campaign, I had to move outside of any district and listen to people, and this is not coming largely from my district. There are a lot of concerns about Building and Zoning, and the efficiency and the way things are scheduled or not scheduled, the difficulty in getting permits, not the plans themselves, but just getting times and meetings, et cetera. I would like for us to have, in effect, a process of a Peer Review of our Building and Zoning Department, that the City Commission and management can go out and bring in people that we can jointly agree on and just ask them to come in and evaluate and make some recommendations of people that are in the industry. I know that Commissioner Sanchez has had to develop a summit -- I defer completely to Vice Chairman Winton and Commissioner Gonzalez as being involved in this. If they don't think it's a good idea, I won't -- but I really think that we ought to start with a Peer Review of folks in this City, and I'm willing to stipulate that it's better in the City than it is in the County. I'm willing to stipulate that, starting now. Say again. Vice Chairman Winton: Not good enough. Commissioner Teele: But it's not nearly good enough. 62 December 13, 2001 Mr. Gimenez: I agree. I think we're a lot better in the City than we are in the County. It doesn't mean that we can't do better, and I know that the Building Director has no problem at all in basically -- for lack of a better term, a focused group to see if we can, you know, make it more efficient, make it easier. You know, whatever we need to do in order to make the permitting process, you know, less painful for the people that have to go through it. Commissioner Teele: In that regard, Community Development. I don't want to -- I just think that the Community Development Office needs to be given some training on constituency services. I think the Community Development Office, in terms of efficiency and fraud and abuse, safeguarding is one hundred percent -- one thousand percent better than it was five years ago, but some times in doing that, in getting where you get -- you've got to do what you've got to do. I think we need to have some workshops. There needs to be a totally different approach, I think, in the way we deal with problems. The issue is other day of the twelve thousand dollars ($12,000) to put in a project is an example of something really that didn't need to come to the Commission, legally or factually. But, I'd rather that the department air on the side of caution in doing the right thing and doing what is legal. But I think there is just -- we've got to figure out a way to get more community -- Commissioner Gonzalez, touched upon this area, and I don't want to beat that. Because I think the department itself is one thousand percent better today than it was four years ago, and so, I'd like that -- in that regard, the same issue, we need more training in this City; we need to teach people how to answer telephones; we need to teach department heads and Managers to transfer calls, and I want to admit: I do not know how to transfer a call, OK, but I'm willing to go to class and learn. Mr. Gimenez: Well, we'll go together because I don't know how to do it either. Commissioner Teele: And you you'd be surprised. You call somebody and you say, well, can you bring this person on the phone? And everybody's calling, hey, Nancy, you know, Karen or whoever the person is, trying to get somebody in the office to just be able to -- and it's creates this lack of efficiency. Diversity lobby. Mr. Manager, I want Mr. Gonzalez to hear this. This City does not have the image or the problem of lobbyists. It's well known what's going on in County Hall. I want a pledge from you that we will continue to work to ensure that lobbyists do not unfairly and inappropriately work with Department Directors and RFPs (Request for Proposals) and RFQs (Request For Qualifications) and Assistant Managers, and that we don't turn this place over and wind up with the kind of crisis and confidence that the County has. I think what happened on the bond issue -- and I don't think there's any secret. There are people in this County that are very, very jealous of the success that this City has had and this is largely attributable to you, Mr. Manager, and your team, and Frank Rollason and those folks, and the lowest and the highest person, the person who painted the signs, the person who put them out there, this is a real effort. But a lot of it has to do with integrity, and the sense that lobbyists don't just come over here and run this place over. I would like to hear a statement from you that we're going to continue to work to continue to safeguard the sense of governmental business as governmental business and lobbyists will not be here to unduly the influences -- the staff and the process in the process. Mr. Gimenez: You have my pledge on that, sir. I mean, it's -- we fortunately don't have that problem, and I certainly don't want to create one. And you have my pledge that things in this 63 December 13, 2001 City -- no lobbyists, will, you know, will influence us one way or another because of who or what she is. We will look at products and contracts. They stand on their own two feet. Doesn't matter who lobbies for them and who lobbies against them. Commissioner Teele: Mr. Chairman, I'm going to conclude here. There are several projects I just want to touch upon. The Model Cities Homeownership Zone Project is a great project. I know you've embraced it. It is not going to be a City project, and I just want to be real clear with you that -- it's still going to be a City project, and I've noticed in the past, especially relating to something, say like the CRA (Community Redevelopment Agency), that it's not under your control. It doesn't perhaps have the same level of interest and scrutiny and, I'd like to just get a commitment that even though the Model Cities Homeownership will have a separate board and trust, that you'll work with it and make sure that it happens and we'll -- because at the end of the day, it's a City project. At the end of the day. And even though they'll only come here annually for budget and all of that, that we'll put the same kind of emphasis as if it was being run inside the house. Mr. Gimenez: It's one of the most important projects in the City, and you have my commitment that it will -- as long as it's -- implementation, et cetera, it's going to be a top priority for this administration. Commissioner Teele: Mr. Chairman -- Mr. Manager, my number one priority for the next two years -- four years is the Little Haiti Park, the creation. This is going to take -- I'm -- it's going to take five to ten years to bring it into full development. I'm not at all confused about that. But there are a lot of things that we've got to do right now, if we want to make that five to ten year window. I'd like your public assurance that on the Little Haiti Park that we're going to work cooperatively together, that an Assistant Manager will basically be in charge of all aspects of that park, as well as the bond matters, but there will be one person in that you will endeavor to find a staff person that will essentially be the focal point to oversee everything. It's a coordination issue again, and it's land acquisition, it's environmental issues, it's planning issues, it's zoning issues, it's land use issues, it's who's going to operate, who's not going to operate. It's an array of issues, and we need a single focus and person to do that, and I'm asking if we can get a commitment? By the way, it's the largest single item in the bond issue, as well. It's literally about one/tenth of the bond issues. Twenty million versus two hundred. So, can we get that kind of commitment from you? Mr. Gimenez: Well, maybe this will suffice in terms of commitment. It is my plan to propose to the Commission that we develop a bond team, and we -- with a person that will be reporting directly to the Manager, that will -- and that team will deal only with bond items, and since, you know, the Little Haiti Park is one of the top priorities of the bond program, you'll have a top person dedicating a significant portion of his or her time to make sure that that Little Haiti Park gets completed. Commissioner Teele: Mr. Chairman -- Mr. Manager, I hear you're not just comfortable with that, but what I need on that team is one person who is going to see to "A" to "Z" so that we don't wind up with this disconnect. I mean, I'm all in support of the team. I'm in all in support of one 64 December 13, 2001 person to run the entire bond program, but on that team, I want one person who's going to look at the Little Haiti Park. Mr. Gimenez: Yes, sir. Part of that team will have the one make -it -happen person for Little Haiti Park. Commissioner Teele: One of the final things is the community -- the annual Community Development meeting, which is mandated by law, is very important, and I have had outstanding support from your staff. I'm talking not about Community Development per se, but from the other staff on this. One of the things that I heard in one of the Commission meetings was that, in one of the districts that the same level of staffing was not there. Can we get a commitment on behalf of the entire Commission, that when you schedule these annual mandated Community Development public hearings -- you know, and I know some groups have two and three, but at each of the five, the principal five, that there will be the full compliment and the maximum department heads at each of those meetings as is feasible and appropriate? I've got -- I have no comments. But I have heard, you know, in the Commission meeting, one guy complaining of why did district 5 have more people than we had in ours, and I just think it's real important that we try to set the tone that we're going to do everything together. Mr. Gimenez: Yes, sir, as much as possible. We'll make it as consistent as possible. Commissioner Teele: Mr. Manager, the time is 12:07. 1 want you to know that I am absolutely encouraged with your professionalism. I'm absolutely encouraged with your concern about the things that you don't have the deep background in. And I think the things that you don't have the deep background in are the things that you have really applied yourself, particularly budget. In that regard, I want to conclude with one thing. I have passed out the statement from the Standard and Poor's. The thing that I think that has destroyed this City more so than anything, in terms of this whole bond rating, other than the political turmoil are two things. The Oversight Board has restored everything back into order and they give recognition to that. We need to set up more laws and more legislation between the Mayor and the Commission and the management to have quarterly reviews. We need to have a quarterly review of our budget. In other words, we need to set up a process so that the same process we've been doing quarterly with the Oversight Board, the management needs to come and report to the Commission and the Mayor on the status of the finances, OK. We don't need to just let that process end, and I realize that may be uncomfortable for some, but we need to continue that. The state has something called a Quarterly Estimating Conference, a budget were they project -- we need to incorporate that in our laws between the Mayor and the Commission, and we need to have a process whereby that continues, and I want to say that to you and hope that you don't object. Mr. Gimenez: No, sir. We'll develop the appropriate legislation to codify it. Commissioner Teele: The other thing that the note -- the financial note takes note of is that the Mayor has taken office and the Manager's structure has been assembled over the next several years is expected largely to remain intact. There is an important credit consideration as the City has had problems through the emergency period with man -- political instability, management, staffing, and continuity. I think that's the most important thing in here. We have got to try to 65 December 13, 2001 0 0 maintain some continuity in the budget process, in the financing process, and I'm committed to that. We need to institutionalize the oversight role function and we need to try to maintain as much stability as we can. I know that we've got a young Finance Director, and et cetera, but I'd like a commitment that we're going to try to hold our team in place, at least until we get the first three or four bonds out, and I'd like to know your comments on that. Mr. Gimenez: Yes, sir, you have my commitment on that. Commissioner Teele: Mr, Manager, it's a pleasure to work with you and I'm looking forward to voting and supporting your confirmation. Mr. Gimenez: Thank you. Vice Chairman Winton: Shall we recess until what time? Two? Two is fine with me. OK. Recess until two. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:09 P.M. AND RECONVENED AT 2:18 P.M. WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPT COMMISSIONER TEELE AND VICE CHAIRMAN WINTON, FOUND TO BE PRESENT. 66 December 13, 2001 i 0 Chairman Regalado: We have several items here that we can do, if Commissioner Sanchez and Commissioner Gonzalez agree. Commissioner Sanchez: Mr. Chairman, where would you like to start? Chairman Regalado: There are several items that had required four-fifths. There's also the reappointment of the City Attorney and the City Clerk. We need to do that when we have a full board. So, we can start -- we can start on Item 5, which is a resolution. This is about downtown highway improvements. So, I really think we should wait for Commissioner Winton, because in his capacity as DDA (Downtown Development Authority) Chairman and Commissioner of the area, I'm sure he would like to ask some questions -- Commissioner Sanchez: Mr. Chairman. Chairman Regalado: -- to Public Works. Six. There is a resolution, Public Works. There is a resolution confirming the assessment roll for construction of Lawrence Waterway Highway Improvement. That is Public Works. John, where is that? John Jackson (Acting Director, Public Works): John Jackson, Director of Public Works. Mr. Chairman, that is right off of Northwest 7th -- and Northwest 17th Place and 18th Avenue, just a -- it goes north to 836, just a couple blocks there, where Lawrence Waterway. The streets are rebuilt. Chairman Regalado: OK. That would be Commissioner Gonzalez district. That is your district, Commissioner. Mr. Jackson: Yes, Commissioner Gonzalez. Chairman Regalado: That is -- so, if -- do you have any questions? Commissioner Sanchez: I do. What do you mean by removing all pending liens for said improvements not certified? Can you elaborate on that? Mr. Jackson: This was assessable project. The total cost is one point six million, and about twenty-six thousand dollars ($26,000) is the assessable amount, split among 24 individual properties. And what is before you today is the assessable amount for those properties, their portion of the cost for the project that would be assessed. Basically, project is -- the cost -- we back out the intersections and any landscapings, drainage, and then the property is going to be 67 December 13, 2001 0 0 assessed 25 percent of that cost. And that's what's here. This project, we had some delays. This is a housekeeping matter, more or less. We had some delays with the contractor. That's the reason why it's before you today. The project was completed some while ago, back in 92. Commissioner Gonzalez: You said this is in my district. And what's the address of the project? Mr. Jackson: Beg your pardon? Commissioner Gonzalez: What is the address of the project? Mr. Jackson: This is Northwest 17th Place and Northwest 18th Avenue, just north of Northwest 7th Street to 836. It's where the Lawrence Waterway there is -- Commissioner Gonzalez: OK. Right, right. OK. Mr. Jackson: Just not too far from the -- it's a little west of the Orange Bowl. Commissioner Sanchez: I am -- Chairman Regalado: Do we have a motion? Commissioner Sanchez: I am prepared to move the resolution. Commissioner Gonzalez: Yeah, go ahead, Commissioner Sanchez. Commissioner Sanchez: So moved. Second. Commissioner Gonzdlez: Second. Chairman Regalado: OK. There is a motion, moved by Commissioner Sanchez, seconded by Commissioner Gonzalez. All in favor say "aye." The Commission (Collectively): Aye. .. .. ... .. --. � +`- l�Y� �YrIY\r>y%Y�S-w11 �l-J.lrl..lftllrJYs�!!if�llS�illSl_1-l:�a'..................--.___--_____.__.�-_ ._....._ RESOLUTION NO. 01 1304 r w „�•w _. a -1 w• wx & w. w_ • _ _ F%Wmimm- . ....w =-. AMM r. -- FIN 610 68 December 13, 2001 0 Upen being seeonded by Viee Chaifman Winton, the reselatien was passed md adopted by the following vote -i 69 December 13, 2001 Chairman Regalado: We have -- number 11 is a four-fifths. Number 12 is a four-fifths. Number 13 is a four-fifths. Number 14 is a second reading ordinance. Has to do with the Legion Park Improvement, Commissioner Sanchez: Mr. Chairman, it's accepting a grant for ninety thousand dollars ($90,000). I so move. Commissioner Gonzalez: Second. Chairman Regalado: OK. There's a move and there's a second. Please, City Attorney, read the ordinance. Alejandro Vilarello (City Attorney): This is a public hearing. Chairman Regalado: It is a public hearing. I'm sorry. Anybody who would like to comment on this ordinance regarding Legion Park Improvement Grant from the Florida Inland Navigation District can do so right now. Commissioner Sanchez: It doesn't say a public hearing. Chairman Regalado: No one. So, we close the public hearing. So, read the ordinance. Roll call. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12128 AS AMENDED, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENTS PROJECTS ORDINANCE, TO INCREASE APPROPRIATIONS FOR CAPITAL IMPROVEMENTS PROJECT NO. 331312, ENTITLED "LEGION PARK IMPROVEMENTS" IN THE AMOUNT OF $90,000 RECEIVED AS A RESULT OF A GRANT AWARD FROM THE FLORIDA INLAND NAVIGATION DISTRICT (FIND), IN THE AMOUNT OF $90,000, FOR THE IMPLEMENTATION OF SHORELINE STABILIZATION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, 70 December 13, 2001 • i was passed on its first reading, by title, at the meeting of November 15, 2001, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E, Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 12167. The Ordinance was read by title into the public record by the City Attorney. 71 December 13, 2001 0 l zrRST RnNr ES ? gRDIN =� C� ABLIS�'��SPE vE FUND 'ENT,11ED " IAMT DAD E. j UNTY E1 S AWS '200 )" APPRQP ' TEITUNDS FQR 4 'ER IO k A11 E, $1 8,3 T G, CQ TSi� 0 NT:QM'I�II I7AD COUNT: E e.s. _. Chairman Regalado: It passes. Item 15, a first reading ordinance. Commissioner Sanchez: So moved, Mr. Chairman. Chairman Regalado: Miami -Dade County EMS (Emergency Medical Service) Grant. Commissioner Sanchez: It's an EMS grant. Commissioner Gonzalez: Second. Commissioner Sanchez: Is that a public hearing also? Chairman Regalado: It is a public hearing. Alejandro Vilarello (City Attorney): Not on first readings. Commissioner Sanchez: Not on first readings. Chairman Regalado: Not on first reading. Well, read the ordinance. Do we have a second? Commissioner Gonzalez: Yes, I second it. Chairman Regalado: Read the ordinance. Roll call. An Ordinance entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY EMS GRANT AWARD (FY '2001-02)", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $108,375.96, CONSISTING OF A GRANT FROM MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 72 December 13, 2001 0 Was introduced. by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None, ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the City Attorney. 73 December 13, 2001 0 Chairman Regalado: Sixteen, the first reading. City Clerk. Commissioner Sanchez: So moved, Mr. Chairman. Chairman Regalado: Extensive research. Commissioner Gonzalez: Second. Chairman Regalado: OK. It's been moved and second. Read the ordinance. Roll call. An Ordinance entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ("SRF") ENTITLED "CITY CLERK'S EXTENSIVE RESEARCH FEE FUND", AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000, CONSISTING OF MONIES PAID IN ADVANCE FOR RESEARCH AND DUPLICATING COSTS WHENEVER AN EXTRAORDINARY TIME CONSTRAINT IS DESIGNATED BY PERSON(S) REQUESTING COPIES OF RESEARCH OR PUBLIC RECORDS FROM THE OFFICE OF THE CITY CLERK; AUTHORIZING THE REVENUES IN SAID SRF TO BE USED EXCLUSIVELY TO FUND THE GENERAL OPERATING BUDGET OF THE OFFICE OF THE CITY CLERK; AND DIRECTING THE CITY MANAGER TO ACCEPT AND DEPOSIT ALL REVENUES DERIVED FROM SUCH PUBLIC RECORDS REQUESTS INTO THIS SRF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 74 December 13, 2001 0 • was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the City Attorney. 75 December 13, 2001 0 IR READING ORD AN AMEND ;SECO 22(c) CIT `C41E I`I LED "ATaMINSTI�A I CyCLERK,°' T� SOLI O BEIRG kI=OR DUPLIG; TIIVT, UDINQ CI CGMI'A DISC VQx F S _TAY CO VIS IO Chairman Regalado: Seventeen. Commissioner Sanchez: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: First reading. It's been moved and second. Read the ordinance, please. Roll call. (COMMENTS MADE DURING ROLL CALL) Note for the Record: Vice Chairman Winton entered the Commission meeting at 2:26. Walter Foeman (City Cleric): Commissioner Winton? Chairman Regalado: He just got here, so -- you want the City Attorney to repeat the ordinance, Commissioner? Vice Chairman Winton: Which item is this? Commissioner Gonzdlez: Seventeen. Mr. Foeman: Item 17. Vice Chairman Winton: I've already read it. Yes. An Ordinance entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE III, DIVISION 4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, CITY CLERK," TO ESTABLISH A FEE TO BE CHARGED FOR DUPLICATING COMPACT DISC VOICE RECORDINGS OF CITY COMMISSION PROCEEDINGS, IN ACCORDANCE WITH SECTION 119.07, FLORIDA STATUTES; MORE PARTICULARLY BY AMENDING SECTION 2-142(C) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 76 December 13, 2001 0 0 Was introduced by Commissioner Sanchez, seconded. by Commissioner Gonzdlez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L, Winton Commissioner Angel Gonzdlez Commissioner Joe Sanchez NAYS: None, ABSENT: Commissioner Arthur E. Teele, Jr. The ordinance was read by title into the public record by the City Attorney. Chairman Regaiado: We go back now -- Commissioner Sanchez: It's a revenue source for the City Clerk's Office, which he has done a good job of going out and trying to raise some money. All three of these ordinances bring in money for the City Clerk's Office. Mr. Focman: That's correct. 77 December 13, 2001 0 0 Chairman Regalado: Mr. Vice Chair, we were doing some items, but we came to Item 5. This is a resolution, but it has to do for construction of downtown highway improvements. So, we decided to wait for you. Since as Chairman of the DDA (Downtown Development Authority) and Commissioner for the area, I'm sure that you will be interested in asking some questions to Public Works, So, Item 5 has not been moved. If you want to hear from the Public Works -- Vice Chairman Winton: Oh, I'm real curious about this one. Chairman Regalado: I knew it. Go ahead. John Jackson (Acting Director, Public Works): Commissioner, Item 5, as you can see, it's the downtown highway. This is confirming the assessment roll. And at the last Commission meeting, you asked me to come back with some detail. This project was completed back in '93. I believe '93. We had some problems with the contractor, and that's the reason why -- that it's been a delay in bringing it before you. Vice Chairman Winton: A delay? Unidentified Speaker: It's a slight delay. Mr. Jackson: Considerable delay. You know, assessments, you know, is an area where we've had some staffing problems. Vice Chairman Winton: Why would we assess the people in the first place? Mr. Jackson; Well, years ago we -- Vice Chairman Winton: There's another item in here -- Mr. Jackson; It's item -- Vice Chairman Winton: In another -- Mr. Jackson: Item G, yes. Vice Chairman Winton: Did you act on 6? Chairman Regalado: Yes, we did. Vice Chairman Winton: And you acted how? Chairman Regalado: It was approved three to zero. 78 December 13, 2001 0 ! Vice Chairman Winton: Because my question is why we're assessing these people in two regards? One, why are we assessing them, period? And the second is, why are we assessing them 10 years after we've done the work? If I'm a taxpayer, I'm not going to be real thrilled about that. And as I look at the downtown area, this is in the downtown area. It's the most heavily assessed and taxed part of this City by far and away. It looks like absolute dog dewey down there, and now we're going to send them a bill that's 10 years old. I mean, it's solved. And I'm not yelling at you, John, and I'm not yelling at the administration. Y'all are doing what you're suppose to do. But -- so, I'll be quiet now and hear the rationale for, you know, a little bit of the history. You know, why do we do this and -- that's what I'm interested in. Mr. Jackson: The funding source for our street rebuilding projects is -- primary source is highway bond funds. And years ago we used those funds to make them go as far as possible. So, one way of stretching it out and getting more would be to assess the adjacent property owners of where the streets were rebuilt, and they're assessed 25 percent of the costs, with certain items removed out of the cost of the project, such as drainage, landscaping, intersections. And we take the property owner that abuts the right-of-way. There's also some other formula in the Code -- in Chapter 30, rather, of the Code that says the corner lot -- there's a formula for reducing their assessments, because they obviously have more frontage on a right-of-way. But the explanation as to why they were assessed basically was to rebuild more streets with less dollars. Note for the Record: Commissioner Teele entered the Commission Chambers at 2:29 p.m. Vice Chairman Winton: Do the property owners vote on this assessment? Mr. Jackson; Yes. Vice Chairman Winton: Did they vote on it a long time ago? Mr. Jackson: Well, yes. The approval for -- to assess the project carne before this Commission years ago. Vice Chairman Winton: No, no, I didn't ask about the Commission. Mr. Jackson: Pardon? Vice Chairman Winton: Did the property owners vote? Mr. Jackson; I don't believe the property owners voted. Vice Chairman Winton: I'm sure the Commission did, but -- you know, because it isn't their property and they don't have to pay the tax. But the property owners did not vote on this? Mr. Jackson: They did not vote. 79 December 13, 2001 Vice Chairman Winton: So, this was a Commission action years ago. Mr. Jackson: It was Commission action. Yes, sir. Vice Chairman Winton: And it's a special assessment. Alejandro Vilarello (City Attorney): I mean, there's a very clear difference between the two. One, a special assessment providing a specific benefit to the property for which -- Vice Chairman Winton: That's in our technical jargon. The public -- it's dollars out of their pocket. They don't give a damn what we call it. Have we spent this money? Mr. Jackson: Yes, money's spent. Vice Chairman Winton: And we spent it how long ago? Mr. Jackson: This one was 1993. Vice Chairman Winton: When we finished spending it? Mr. Jackson: Finished paying the contractor and (INAUDIBLE). Chairman Regalado: 1993, Mr. Jackson: 1993, Vice Chairman Winton: Well, the one that you guys voted on was 1992, I believe. Mr. Jackson: Ninety-two, yes. Chairman Regalado: Me? Vice Chairman Winton: The one y'all voted on before I got here. Commissioner Sanchez: Yeah. Three/zero, yeah. Vice Chairman Winton: I think it was 1992, that project got finished. Commissioner Sanchez: But if I may. Vice Chairman Winton: So, the money was spent 10 years ago, almost. Mr. Jackson: Yes, sir. Vice Chairman Winton: Is this income that you're proposing, where we're going to go whack the public again, is that in our budget as income for this year? 80 December 13, 2001 • Mr. Jackson: I don't know whether I can answer that. I don't think it's income, though. Linda Haskins: Linda Haskins, Director of Management and Budget. No, Commissioner, it is not. Our understanding in this project, it was previously funded with other revenues, and there's not a short fall on this project. Vice Chairman Winton: Is there a federal, state, local requirement that we go back and get this money out of the taxpayers' pocket? Mr. Jackson: I don't believe so, but I should defer that to the City Attorney. I don't believe there is. Vice Chairman Winton: Mr. City Attorney, I asked if there was a federal, state or local requirement that we go back and get this money out of the taxpayers' pocket? Mr. Vilarello: I couldn't answer that for you right now. I'd have to look at that. Vice Chairman Winton: Then -- Commissioner Sanchez: I'm prepared to withdraw my motion. Vice Chairman Winton: What I was going to -- I would appreciate it if you would make that determination when you can. I would like to make a motion, however, that subject to the City Attorney's research in terms of whether or not there's a requirement that we get reimbursed by the taxpayers that are affected by this project, that we not pass this request, that we deny this request. This was a project done 10 years ago. You know, we spent the money 10 years ago. We've, since that 10 years, have added a fire fee, a supplemental waste fee, a parking fee, and Lord knows how many other fees during a crisis that everybody's had to bear the burden of. And I think this is one of those things that -- they're not even going to remember that this work was done, because if you look at the streets today, they don't look done. So -- Commissioner Teele: Second the motion. Vice Chairman Winton: Thank you. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: On the motion. Chairman Regalado: Yes, sir. Commissioner Teele: I couldn't agree more with Commissioner -Winton. I mean, I think it's unconscionable. If it's been lost for 10 years, we ought to continue to let it be lost, but don't let me be -- ever say something that irresponsible, because that's not right. It has been identified. 81 December 13, 2001 What we need to do, since it's not still lost, is find a way, Mr. Attorney, to pay it, by appropriating general fund dollars into it. I think it's got to be paid off. Otherwise, you're going to have something that's never going to be closed out. Vice Chairman Winton: I think it is closed out. That's what Linda Haskins said. It's paid, done, closed. And what they've done, which I commend them for -- Commissioner Teele: What did they do, put liens? Vice Chairman Winton: Oh, I don't know. Chairman Regalado: Yes, they do. That's what it says. Carlos Gimenez (City Manager): I think what happened here is that, you know, this is probably what happened when the original project was allocated. The Commission said that there would be an assessment on the affected property owners. It's been 10 years. Commissioner Sanchez: I don't have a problem with it. Mr. Gimenez: We brought it -- you know, we brought it to you. It's certainly a policy decision for this board to say, we don't want to do that. Commissioner Teele: How much money are we talking about? Mr. Gimenez: We're talking about on this particular -- Commissioner Sanchez: Ninety-six thousand. Mr. Gimencz: -- this particular Item 5 is ninety-six thousand dollars ($96,000). And in item number 6, there was another twenty-six thousand dollars ($26,000) for another project in another area. Commissioner Teele: I absolutely second the motion and, Mr, Attorney, would respectfully request that if it is not legal to just sort of close the door and move on, that we determine whether or not the City can make the payment, in lieu of, for the individuals without any prejudice to the people. I mean, we have to share in the failure. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Before Commissioner Sanchez address the board, after we get through with this motion, if Commissioner Gonzalez wants to revisit the similar resolution, we can do so. Commissioner Gonzalez: Well, actually looking at the address, this is not in District 1. It's in -- Commissioner Sanchez: District 3. 82 December 13, 2001 0 • Commissioner Gonzalez: -- District 3. So, actually, it should be Commissioner Sanchez. Chairman Regalado: Then if Commissioner Sanchez wants to revisit the issue -- Commissioner Gonzalez: Right. Commissioner Sanchez: Well, let's finish this one because I have some concern on this one. Chairman Regalado: But (UNINTELLIGIBLE) I'm just saying that if you want to do that, we can go back and do it. Commissioner Teele: Call the question. Chairman Regalado: There is a motion. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 01-1305 A MOTION TO DENY THE PROPOSED CONFIRMATION OF ASSESSMENT ROLL FOR CONSTRUCTION OF DOWNTOWN HIGHWAY IMPROVEMENT PHASE II BIDS A & B LIEN H-4521 IN DOWNTOWN HIGHWAY IMPROVEMENT DISTRICT PHASE II H-4521. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 83 December 13, 2001 i �-- NF�TE A119 �Kgyl y- Uw8 zEl Commissioner Teele: Second the motion to reconsider the previous item. Commissioner Sanchez: He didn't vote on the issue. Commissioner Gonzalez: Second. Commissioner Teele: Oh. Commissioner ,Sanchez: No, he didn't vote on the issue. Commissioner Teele: He didn't vote? Commissioner Sanchez: I'm the maker of the motion. I -- motion to reconsider on six. Vice Chairman Winton: And he second it. Commissioner Gonzalez: Second. Chairman Regalado: Yes, he seconded it. Commissioner Teele: I had seconded your motion to reconsider. Chairman Regalado: Yeah, he seconded, Commissioner Teale: Did we vote on that last motion? Chairman Regalado: Yes. Commissioner Sanchez: Yes, Commissioner Gonzalez: Yes. Commissioner Toole: But -- Commissioner Sanchez: Six. Reconsider six. Commissioner Toole: Second the motion to reconsider six. Call the question. Chairman Regalado: Yeah. All in favor say "aye." The Commission (Collectively): Aye. 84 December 13, 2001 0 _ - 9 0 The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-1306 A MOTION TO RECONSIDER VOTE PREVIOUSLY TAKEN ON AGENDA ITEM 6 (CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF LAWRENCE WATERWAY HIGHWAY IMPROVEMENT IN LAWRENCE WATERWAY HIGHWAY IMPROVEMENT DISTRICT H-4530). Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. I: _ �, r00 85 December 13, 2001 0 �7;_CLAII0-ATo Old DEI�AtQPLMS � 0 'IOI ,l�SS� S1VI��1T UWNT Rod T�Asr c� X4523 wrrw >o� E &��) Commissioner Sanchez: Getting back to six, the history here shows that the contract or experienced -- Vice Chairman Winton: We just voted on six. Commissioner Teele: We just reconsidered it. Chairman Regalado; No, no, we reconsidered. Commissioner Sanchez: No. Getting back -- I'm sorry. Getting back to five. The history shows on five that the contractor experienced financial difficulties. Just reading on the backup material here, "The construction of downtown highway improvements, Phase II, was completed in April 1993. However, serious circumstances have delayed the confirmation of a pending assessment lien. During the course of the contract work, unforeseen underground conditions, including abandoned underground fuel tanks, delayed progress. During completion of the project, the contractor experienced financial difficulty and ceased operation prior to completing the as -built drawing and construction record. It was necessary for the City staff to re -- Commissioner Teele: Reassemble. Commissioner Sanchez: -- "reassemble the construction records and complete in as -built condition and material each property in order to accurately verify the final assessment roll." Now, what the records are telling me, hey, that he -- the contractor didn't finish the work. Did he finish the work? Mr, Jackson: He finished the work in the down -- this is downtown that you're reading. This is number 5. Commissioner Sanchez: Number 5. Yes, it's number 5. Mr. Jackson: It's Item 5. Commissioner Sanchez: But, see, I have some concerns if he didn't finish the project and, you know -- Vice Chairman Winton: No, no. The last sentence says, "The problems have been resolved and this project has been completed and closed." Commissioner Sanchez: Yeah, but who -- he finished it? 86 December 13, 2001 • i Mr. Jackson: He finished the job, but just -- it's just that we had to go to the bonding company and get somebody else to step in. But it was finished, yeah. Commissioner Sanchez: Well, Johnny, my concern here, I didn't want to be burying a bone since 1993, you know. Want to be hiding something. I just want to make sure that it's on the record that they did complete the work. Mr. Jackson: Yes, the work is completed on both jobs. Yes. Commissioner Sanchez: OK. Chairman Regalado: OK. It's been reconsidered. 87 December 13, 2001 17J �8: DEN TRpPQSED CQNFJRMATIO 40F=� SEIsSM T F zC( NST C'�QN I,A ENCE WATE�WA IGHW X MI' r QCT -TGE; TERW 'Y SIGH VV AY IKFROV i T DT TR Te T, 3 { e 1 . 1 Chairman Regalado: Do you want to vote on that, on number 6. Vice Chairman. Winton: I thought we did. Commissioner Sanchez: No, we -- Chairman Regalado: No, we reconsidered. Commissioner Teele: The motion would be -- Chairman Regalado: We need to vote. Commissioner Teele: -- to deny the action, if that's what you're saying? Commissioner Sanchez: Yes. The motion is to deny the action. Commissioner Teele: Second the motion. Chairman Regalado: There's a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 01-1307 A MOTION TO DENY PROPOSED CONFIRMATION OF ASSESSMENT ROLL FOR CONSTRUCTION OF LAWRENCE WATERWAY HIGHWAY IMPROVEMENT IN LAWRENCE WATERWAY HIGHWAY IMPROVEMENT DISTRICT H-4536. 88 December 13, 2001 E Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. .ABSENT: None. Mr. Vilarello: Mr. Chairman, can I assume the same direction with regard to Item 6 to the City Attorney. Commissioner Sanchez: Yes. Commissioner Teele: What's the amount on Item 6, by the way? Commissioner Sanchez: Twenty-six thousand. Mr. Jackson: Twenty-six thousand, I think. Twenty-six thousand, nine hundred ninety-four dollars and twenty-eight cents ($26,994.28), the accessible amount. Chairman Regalado: You finished? Commissioner Sanchez: Yes. 89 December 13, 2001 0 • No MD., ATIxQ GEQ CT, INVITATION FTQE.CE�TION ATI ' Ac c' Chairman Regalado: We now have a frill board, so if you all want to go back to the confirmation hearing of City Manager, Carlos Gimenez, we can do that. Commissioner Teele: Mr. Chairman. Chairman Regalado; Yes, sir. Commissioner Teele: Before we do, could we just do something very light? Chairman Regalado: Absolutely. Commissioner Teele: Ms. Lewis, would you take the -- the CRA (Community Redevelopment Agency) on yesterday attempted to bring forth the developer of the activity underneath 395. Ms. Lewis, very quickly, you have 30 seconds. Annette Lewis (Executive Director, CRA): This is George Sanchez. The CRA had granted some dollars to do the structure that you see under 395, and in addition, they have also -- he has also autographed and framed for each board member the image and has included invitations to tonight's soiree at the -- you're informed about it in your packages that were -- Commissioner Teele: At the Ice Palace. Ms. Lewis: At the Ice Palace. Commissioner Teele: Commencing at 10:30 tonight. Ms. Lewis: Until. In these there are four armbands for each board member. You personally don't need an armband, so you can distribute this to your staff. And I suppose Mr. Sanchez, whoever accompanies, will get in without a problem? Commissioner Teele: Just your name and address for the record, Mr. Sanchez. George Sanchez: George Sanchez, 600 Northeast 36th Street, Unit 212, Miami, Florida, 33137. I wanted to extend my gratitude to the Commission. This building -- this has been -- this is built. It's done. It's going to look phenomenal tonight. It's being lit right now. It will glow and radiate. It's going to generate a lot of press, and 1 think it's really taking that community in the right direction of -- the opportunities are available and the investment dollars that are being made down there. I want to thank Ms. Lewis. She has been extraordinarily helpful and efficient in all of the work that's been done. Commissioner Teele, thank you very much, and the entire board for having approved it. And I think tonight's going to be demonstrative of what this investment is worth. Ms. Lewis: And it's in -- 90 December 13, 2001 0 0 Vice Chairman Winton: George, I met Sam Keller at the lunch break, at Miriam Rabel's Gallery up on 29th Street, trying to keep that in the City. Mr. Sanchez: Yeah. Mr. Keller sent out for the party tonight -- we can only hold around the 2,000 people, but he sent out 23,000 emails to some of the wealthiest people in the world, about - - he's the director of the Art Basel -- yeah. Sam Keller is the Director of the Art Basel Fair, which is the preeminent art fair in the world. So, he's promoting the event. And I think I'm -- you know, tonight we'll find out. I think we'll have the pleasure of bringing people to our community that are really going to help change the neighborhood. Vice Chairman Winton: On 29th Street in Wynwood, while I was there during the lunch break, there was a steady stream of people from the arts world, from all over the world in this nondescript warehouse right on 29th Street and 1st Avenue, and it's what's kind of going on in the whole arts world. And I was trying to get Miriam Rabel to reconsider her decision to move that whole museum thing to North Miami. So -- Commissioner Teele: Mr. Chairman, members of the Commission, just so that the public is aware, this is a part of the Art Basel presentation on Miami Beach, where art -- collectors from all over the world are coming, and the activity is to put a building or the form of a building underneath 395, an area that is just obviously in need of some uplifting. (COMMENTS OFF THE RECORD). Chairman Regalado: Are we done with the light part? 91 December 13, 2001 4, ; IRECT ' Nle ER ,`�'Q PC X? �'TN ['IT' AVINNC EEECTEEXPIRATIQI't F HEIR E IS, N7 �Q TQ 'THEIR `IAFF ND RECQIv 1VIENI � x ASI QR Si T . C T b RA;iIQN 's CQIY I''S�' BY SHA SGA p "to ISSIOX AP�'�QV; , ��I:s,tY AN.$EIVEFFITS �TQ � RE�I���I7_ B �VlANA Vice Chairman Winton: I think that my colleagues have done a real good job of asking all the key questions. I don't have new questions to ask. I do however have a couple of observations that I would like to make, and that is that it was fascinating listening to the kinds of questions and issues that we have before us today, which are really issues about the continued development of a structure that's far and above the foundation, and when I got here two years ago, you know most of the discussion was still about how in the hell we're going to get out of the mess, and the discussion today is how we're going to build or continue to build on those building blocks of success, and you know, we spent so much time in -- management has spent so much time in crisis management and it was really comforting to be able to listen to all of my colleagues asking questions that are really about planned management, not crisis management, which is exactly the arena that we need to be focused on, and I think that's our biggest challenge today an the biggest challenge of the administration is how we organize the resources that this City has. The principal as being Human Resources, to now move this City into that arena that can create great, great successes, and I don't grant for a minute that the challenges before us are simple because they are not. The challenges, I think, are very complex; they will require a lot of energy, a lot of thought, a lot of commitment, and in many cases, the appropriate kinds of consultants that can guide us and them to get us into the spot that we need to move in, but I tell you, it's a whole lot more fun - - I know all of you have watched the shenanigans that used to be callED the City of Miami and how the City worked for 25 years and it is just a pleasure to sit here and listen to the really intelligent kinds of questions that I listened to this morning about direction and new planning and new thinking, and quality service, and treating people like -- I mean, those were really the right kinds of questions. I've had a relationship, I think, with the (inaudible) with the Manager, maybe the shortest of most people and I remember when I met him in my office, when he first got brought forward by Joe Carollo, and 1, like the rest of my colleagues, was nervous that it's going to be Joe Carollo's Manager and not the City's Manager. We had a very frank discussion about that, and he said he's the Manager of the City and I have had huge interaction with him since he got appointed, and I'm just absolutely thrilled with that because he absolutely has been the Manager of our City, and I think he's done a heck of a job and look forward to working with him to concur the next set of challenges. So, look forward to it. Carlos Gimenez (City Manager): Thank you, sir. I really appreciate those comments. Chairman Regalado: Thank you. It's my turn. You know, I said -- and it's important that when you leave here tonight, you have the full support of the board, and by listening to the members, I'm sure you will have it, Mr. Manager. I've worked with you and I always and I have many disagreements sometimes in different issues. I always thought and believe -- I do believe that you never misled the Commission, and it's important because we depend on you and your staff, and you have done that except what I consider one issue. An issue that is very political, and not 92 December 13, 2001 that you misled. Probably, we failed to ask the right questions, but November -- last November the Commission passed a motion -- it wasn't a motion. It was a motion directing the City Manager to transfer an amount not to exceed a hundred thousand dollars {$100,000} of excess funds from fiscal year 2001 general operating budget of the office of the Mayor into fiscal year 2002 budgets, appropriated for both the office of the Mayor alike and the incoming District I Commissioner, set funds to be used for transitional expenses, including personal, overtime, and other related costs. Now, we later learned that seventy thousand dollars ($70,000) of these funds were used for very controversial program of bonuses to the part-time employees of Commissioner Willy Gort and Mayor Carollo. Had I known that this money was going to be used for bonuses, I would not have voted for it. Had I known that these people will be getting a severance pay, taken into account the economy, I would have voted for it, but it seems that these persons are in the system and, yet, they got bonuses. My understanding -- and I used to work in the White House press room for some time -- every time that an administration takes office, the people, the past administration, they just leave because they served at the pleasure of the president, the Cabinet members, and this is the way it is in the United States. This is the way it is throughout the world. I understand that we need to be compassionate, and try to help people, but you know, this cannot have been done in the worst moment. I have a resident in District 4, a lady, she owns a house. She was working in American Airlines. She wrote me a letter. And she said that because of September 11th, she was fired or laid off by American Airlines. She worked at the kitchen, and she stopped getting paid the minute that she got the pink slip, and she asked me, "Why does the people in the City, with my money that I pay, would get bonuses so hefty and what do I do? Do I get a bonus from the government? Should I go work for the government so I can get bonuses?" This is a very embarrassing issue. A very sensitive issue because you're dealing with human life here, and everybody 's entitled to have some kind of security, but you have to appreciate that this is something that many people in the City of Miami consider unacceptable. Now, my question to you is, why we're not informed that the purpose -- most of this money was for bonuses? Mr. Gimenez: Well, Commissioner, the purpose of the money -- and I have to admit that, "A", yes, I did know that the Mayor and the Commission was planning on giving bonuses. The reason that we transferred the money was so that whatever money was given for bonuses would not affect the current budget of the people that were going to take office. Mayor Diaz and Commissioner Gonzalez, because had we not done this, had we not transferred the money, then it would have come out of the budget of the Mayor and the budget of the Commissioner and Mayor Diaz and Commissioner Gonzalez would have had less money to deal with. I didn't think that was fair to them to, you know, have them handcuffed in that way. So, that's why we proposed that the money -- this amount of upon any be transferred over to this year's budget to make up for anything, any transition costs, including bonuses, that the two members that were about to leave would incur, and that was really the entire -- Chairman Regalado: Yeah, but Carlos -- Mr. Gimenez: The reason why we asked for that. Chairman Regalado: Yeah, but that wasn't my question. My question was, you knew and, yet, you didn't tell us that this was for bonuses. 93 December 13, 2001 0 • Mr. Gimenez: Well, we -- I had discussion with the individual that proposed the motion and it was my fault with that Commissioner, that I didn't communicate that to him, and for that, I will apologize to him. It certainly wasn't my intent, but I'll say that that's the way it happened, and really, I have nothing more to say about the issue. I mean, it's in the body. The fact that I did not go, you know, and talk to all of you, I will take full blame for that, but it's certainly was not my intent to try to deceive anybody. Just my intent to make sure that the two incoming public officials would not have their budgets affected by what Commissioner Gort and Mayor Carollo were doing. Chairman Regalado: I understand. But, you see, they're gone and my -- because I'm going to be working with you, I wanted to find out if you knew why you didn't tell us. Because I know you and you have not lied to this Commission and you have been straight and to me, it was a surprise. Had not been for The Herald, The Herald reporter, I have not -- I would not have find out about this, and I guess that everybody did because of that. So, there's no way that we can claim that money back. Mr. Gimenez: I don't know. Chairman Regalado: You don't know. Mr. Gimenez: Those individuals are still here. Chairman Regalado: Absolutely. I know that. So my other question is, what are you going to do about it when, in the future, something similar happens? What is your idea of a policy -- because when an elected official -- I mean, if you worked for an elected official, you know that you work (inaudible) of that elected official and you're gone. That's very simple. It's not because -- if you keep adding and adding and adding, now we pay seventy-six cents ($.76) of each dollar for salaries or -- if we kept adding, we pay seventy-seven or seventy-eight, so do you have a remedy for this not to happen again? Mr, Gimenez: Well, Commissioner, after it did happen, we -- the problem was that there was no policy, so you know, different people being treated differently, and I don't think that's correct. I asked the members of my staff to meet and try to formulate a policy were there may be some kind of a way to transition people into the system if they are, you know, people that we want to keep, or qualified for positions, and if not, to have some time period where a person would know that they would basically have to be looking for a job. So, what we're working on right now is a policy that says that if you're working for an elected official and the elected official is no longer in office, that those employees will have up to three months of continued employment with the City. If they are eligible for open positions, they can compete for those open positions. And if they are not eligible for any positions, then they know that when the time comes, after three months basically, they will no longer be employed with the City, and that's the policy I'm working on. I'm also looking for some direction from this board as to what kind of policy you would like to see because, you know, that way we won't get into this situation anymore. If there's no know bonus policy, then we can, you know, start, you know, doing a no bonus policy in terms of when an official is leaving office, you know, that person is not allowed to give 94 December 13, 2001 0 bonuses. That's fine with me. And, also, in terms of, like I just stated, about the employees of those officials. I mean, there's got to about some kind of policy. Because if not -- if there's never been one and people are treated differently, and that's not right. Chairman Regalado: But, you know, Manny Diaz was elected as the option for a change and I think we all here support his goals, in general. I do. I support all of them. I think that there's got to be a policy, and I think that this board should make very clear that when an elected official is out of office for any reason, he or she should not use the people's money to give bonuses to the employees. Because when you work for an elected official, you know that you have four years or you have eight years or whatever, and that's the way it is. The problem is that, you see, we keep saying that like the poorest City, and unemployment level has risen in the City of Miami and I know that it's very uncomfortable to talk about this issue, but it's something that we have to deal with because -- I mean, Johnny, just a few minutes ago (inaudible) an issue that would have put a burden, a necessary burden on the people in downtown, and, so, Joe Sanchez (inaudible). So, we don't have the moral to go to the tax payers of Miami and say, we are going to raise your taxes or your fees while elected officials give thousands and thousands of dollars in bonus. It is very nice to be very nice with other people's money, because that was not their money, and I just hope that this board would consider today or in the future a strict rule that City money will not be used -- City money, taxpayers money will not be used for bonuses purposes, when an elected official is out of office. And that people that work for elected officials should understand that they work at the pleasure of an elected official. In fact, they are loyal to this elected official and when he or she leaves office, they have to understand that they have to go back to what they were doing before or what they want to do after. It's very simple. We cannot build a welfare state in the City of Miami. I am really sorry for people who are out of jobs, but they're not better than the people from American Airlines or the taxi drivers or the people that cannot pay their mortgages. So, it is a difficult decision, I know, but I think that we should be very strict on this issue. So, that is -- I don't know. Vice Chairman Winton: The end. Chairman Regalado: Well, no. The end really has to come two months from now. This is when we put closure to this situation; is that correct, Carlos? Mr. Gimenez: Well, that's what the policy that we're looking at right now, and it was really -- there was another board member that expressed a desire to have some kind of a pipeline or something into the City. So, I mean, I took some of that direction, too. But if the board decides that... Vice Chairman Winton: Could I interrupt you for a moment, Mr. Manager? Chairman Regalado: Yes. Vice Chairman Winton: This is a policy decision. This isn't a decision of the Manager. And, so, I think the Manager's doing the right thing by bringing some recommendation that he's thought through as a policy decision up here and then we need to debate it amongst ourselves and make a decision, and make a decision at the end of the day about what we think the policy should be. 95 December 13, 2001 0 So, I think, he is -- it's only his view of it. We get it up here when he gets done with it. We debate it in front -- we debate it among ourselves and then we vote on whatever we. think the policy should be at the end of the day. Chairman Regalado: Go ahead, Commissioner Sanchez. Commissioner Sanchez: Vice Chairman Winton, that's fine and dandy, but the thing is that make sure it doesn't happen again. Because remember -- Vice Chairman Winton: Well, it won't happen again if we have a policy. It will happen again, over and over again if you have no policy. Commissioner Sanchez: OK. But... Vice Chairman Winton: So, this is our fault that this happened, not the Manager's fault. Commissioner Sanchez: He will prepare policy and bring it to us for review and... Vice Chairman Winton: That's -- right. Commissioner Sanchez: Let me -- since Chairman Regalado brought it out, what I thought, with a hundred thousand dollars ($100,000), I didn't -- what happened to me when I got in the Commission, the other Commissioner basically wiped out the budget and I walked in without any money, and when I said -- I guess it happens to everybody. It happened to everybody in the past. You walk in and the administration tells you, "well, you're going to be a couple months with only one or two or three employees. " well, you know, the only people you're hurting -- and no furniture -- the only people that you're basically hurting are you constituents out there because they're not getting any service that they are required, and they deserve. So, when that hundred thousand dollars ($100,000) came forth, I thought it was to cover the gap when the new Commissioner, Mayor that were corning in. They would have the sufficient funds to move in and continue forth with their mission statement to serve the constituents. But then we found out that the money went for bonuses, and when I read the article -- and I always -- the first time I found -- first I was misled and I thought I was lied to, so I was like very surprised and I made a statement and that came out in The Herald that I said, hey, we need to investigate this and do everything possible so it doesn't happen again. Because when you compare (inaudible) you know, people often want to compare government to the private sector. You can't do that. Apple and oranges. That's the only thing that we have to do, to make sure that, you know, at least set up a policy for it, that we're able to approve because what the impression that people are getting now that that was rammed in through the whole process, and no one new about it. So, we've just got to make sure that it doesn't happen again. Mr. Gimenez: Commissioner, I need to clarify something. I mean, the policy -- I can set the policy. I'm looking for a direction from you... Chairman Regalado; Carlos, you will get -- Mr. Manager, you will get a direction because I think -- I think it's important, you know, if we take the heat and we have, and we will, I think 96 December 13, 2001 that, you know, you deserve that we set the policy, and not you. We cannot hide behind the Manager and say, you know, the Manager did this or the Manager did that, it's not our problem. See, the problem is that what happened here is that people, employees of the City, have to understand that they cannot have it both ways. Either they got a severance bonus, call it as you will, so you can find a job or you can apply for a job. But what -- it's embarrassing to us is that these people have a job and got the bonuses, and that is not fair for the taxpayers of the City of Miami. And, see, the whole point ... Vice Chairman Winton: Mr. Chairman? Chairman Regalado: Yes, sir. Just let me -- one second, Johnny. Vice Chairman Winton: We've got the whole afternoon. I think we've drilled this tooth over and over and over again now for at least thirty minutes. Chairman Regalado: Right. The whole point of my question on this issue. I know, when I asked that if we can get the money back, we can't. I know that for sure. I know that you were working on a policy. I know that if -- even if you were not working on a policy, we have to give you one, but my main issue is to tell you that you're going to be working with this board for a long time, and you're supposed to guide us and protect us, not hide information, not manipulate information, and you and your staff have to understand that we are here to protect you as the Manager, to approve your plans and ideas, but you also have to protect us because this is wrong, and it -- you and, of course, our -- the departing colleagues put this Commission in harm's way and -- because of politics and because -- this is wrong, not because of politics because this is wrong. So, I hope that we -- if you guys want to do it in the afternoon or in the next session, we will have a policy for the Manager, we, not him, will have a policy for the Manager on this issue. Commissioner Sanchez: Well, I just want to give him directions right now. One is, elected officials are voted out of office. One, that there be no bonus policy. And if the City Manager is terminated from office, he shouldn't have the right to give anybody a bonus. I don't want to infringe on the right of the City Manager, because in many cases giving a bonuses and a raise, is more beneficial to the City. Vice Chairman Winton: But that's a policy question, and you can't give him that direction yet. That's a policy decision that we have to debate. Commissioner Tecle: And I'm going to tell you, I will fight that kind of direction because, number one, commissioners, mayors are elected officials. They should be free to give bonuses and raises within their budgets, within their budgets. And... Commissioner Sanchez: But this wasn't in their budget, and maybe there are some policies we can set... Mr. Gimenez: Yes, it -- Commissioner, that's exactly what it was. Commissioner Teele: And that's why I think... 97 December 13, 2001 0 Mr. Gimenez: It was in their budgets, and that's where we tried to put the hundred thousand, make sure that it did not affect the budgets of the incoming people, which it had in the past. Commissioner Teele: Yeah, but you see, we're talking... Commissioner Sanchez: I don't care how you slice it. It's wrong. Commissioner Tecle: But can I -- let me just say this. Because this is a confirmation hearing and I really feel that we should stay focused on that. It's fair to bring it up in the context that Commissioner -- that the Chairman is bringing it up as a ways to -- what did you know and did we get misled and all that. But I don't think it's fair to blame the Manager for a decision that elected officials made, that are either here or gone, which we, as elected officials, approved, and I think there is ample room for such a policy. I agree with Chairman Regalado on one point. On one point only: Anyone who remained with the City -- a severance bonus should be a severance bonus, and I think it puts everybody in an awkward position, Mr. Manager, if people are staying with the City and receiving those kinds of bonuses. And I think there is going to be virtual unanimity among the Commission on that. And, Johnny, I don't know how to you feel, but -- Vice Chairman Winton: I agree a hundred percent. Commissioner Teele: OK. Vice Chairman Winton: And I also agree with you that severance payments are -- they are standard -- they're all over the place in the industry. I don't see anything wrong with that. Commissioner Teele; And I'll just take it a step further, not to be a technical adhere, but I know for a fact that Willy Gort turned more money in every year than any other Commissioner, with the exception maybe of the Chairman. I know that Willy Gort could have made a motion to do whatever he proposed to do, using unexpended funds from his last year's budget, OK, just like we did yesterday, OK. So, we need to be very careful, Madam Budget Director and with the Manager, on how this thing is playing out now because what I don't want to do is compound a defensible problem with something that winds up being something that we don't want to get into. If the intent was to provide bonuses -- I'm telling you right here, right now, if the resolution had been to authorize the Mayor Carollo to extend "X" number of dollars for his last year's unallocated budget, OK, that would have passed unanimously. The same thing would have been with Gort. It would have passed unanimously, and it wouldn't even be an issue here today. So, what I'm saying to you, Mr. Manager, there's a lot of ways to skin these numbers. The problem is that when the entire Commission comes up here and then we're put in a position of voting for it, some of the Commissioners are catching a lot of heck in the media on the thing, and the only thing that anybody has talked to me about in the transition is that issue. But I don't think the Manager should be the scapegoat, OK, for what really is an elected official public policy. But I do think the Manager should be very careful in how this is being described as being the only way to do it because the proper way to do it -- if that had been the intent, in any judgment -- what we voted was probably a hundred thousand dollars ($100,000) for a transition, if that's what we were going to do. But what we wound up doing was providing bonuses. Every one of those bonuses could have been given by Mayor Carollo and by Commissioner Gort from their unexpended 98 December 13, 2001 0 0 funds from the last year's budget, and Madam Director, I just want to get a simple yes or no if both of those budgets had that? And then it wouldn't have been an issue, and the policy, as far as I'm concerned, is that any Commissioner can expend dollars up to their full budget, without get interference from this Commission, and that the Commission will not provide supplementary funds for bonuses or severance pay. Chairman Regalado: Commissioner, you were right in saying that what I'm -- what I try to do is to bring this issue in the context of the relation of this Commission with the City Manager. I have not blamed the City Manager for it. I have not said -- I mean, he was in a very awkward position. I understand that, but we voted trusting what he said or not knowing what he didn't know, and didn't tell. So -- I mean -- listen, this is like... Vice Chairman Winton: Next subject, please, Chairman Regalado: Arthur, Arthur... Vice Chairman Winton: Next subject, please. Chairman Regalado: You've been... Vice Chairman Winton: I mean, I'm not hearing anything new. Chairman Regalado: -- in a confirmation hearing in Washington, and on the secretary, and you know, these are the things that are asked by Congress to the secretary and the undersecretary and the ambassador. We have Ambassador Ferro around here, and you get grilled because it's about trust. So, I just want to clear, it's very important -- and I said I know you never misled this Commission, except that day. So, that is an issue. And the issue is not only the hundred thousand dollars ($100,000). The issue is about trust and about working with you. Second, -- and I will bring the policy for you to consider, if... Commissioner Sanchez: As a matter of fact, I was going to put it on the next Commission meeting. Chairman Regalado: Absolutely. Commissioner Sanchez: To continue to discuss it -- Chairman Regalado: Absolutely. Absolutely. Commissioner Sanchez: -- because, you know... Chairman Regalado: Absolutely. We will have... Vice Chairman Winton: No, no, no, not continue this discussion, but to have a discussion regarding policy. 99 December 13, 2001 Commissioner Sanchez: Johnny, I can say -- I could spend at least a half an hour discussing policies. Vice Chairman Winton: I'm all in favor of policies (inaudible). Commissioner Sanchez: Well, then, I'll be discussing the policies. Chairman Regalado: Hey, it's -- you know, we have to do it. If we don't do it, don't blame the Manager, That's -- I mean, we have to do it. Commissioner Teele: It's all about elected officials... Chairman Regalado: It's about us. It's about us. It's not about him. It's about us. You know, we have taken the heat. Commissioner Teele: What was the next one? Chairman Regalado: The next subject is -- well, I guess that the Manager had the opportunity to hear, for once, a unanimous consent on one issue and it wasn't a vote. It wasn't a meeting one on one. It was open. We didn't know what all the Commissioners were going to say, and, yet, Mr. Manager, you have a problem with NET Office, and we have a problem with NET (Neighborhood Enhancement Team) Office. All of the members of this board have concerns about NET Offices, and have concerns about the mission statement of the NET Office. I have, also, that this Commission -- because the NET Office is what is closest to the resident, other think all the departments, except Solid Waste, which is the closest one because it touches the life three times a week of the residents. The NET Office is the closest department to the resident, and we have a problem, and I think the problem is major because I think that -- I don't know what was the purpose when NET was created, but I do know that NET, as a priority, should have one issue: Education, Second, Code Enforcement, but first education, and you know why? Because, in this City, whether we like it or not, we have many cultures; we have many races; we have many languages, and you cannot measure every resident of the City of Miami with the same meter. You cannot do that. You cannot punish people at the outset because they don't know. Education, compassion. People are paying a lot to live in the City of Miami. People voted 90 percent to keep the City of Miami as a city when there was an election to abolish the City, and I think it's important that the people of Miami receive what they get in return for the taxes and the fees that they pay to live in the City of Miami. I tell you something: I mean, there is a famous phrase in a movie that could be -- could sound simple, but it -- when Apollo 13 astronauts said, "Houston, we have a problem." The problem -- I mean, they almost die, and we have a problem with the NET Office. And if you want a policy, fine, I'm prepared to -- and I know this will bring debate, but you need to assess the NET Office as a priority. I heard the Mayor, after he was elected on the radio station, and he was saying stronger things than I'm saying, but I tell you something: We need to do something about the NET Office, and the philosophy of the NET Office. Mr. Gimenez: Yes, sir. And I think I've been pretty consistent in my responses about NET. It does need to be re-evaluated. We need to make sure they have their mission statement. I've also 100 December 13, 2001 0 • stated what my philosophy is. You know, there are carrots and sticks and some folks, you get them to comply with carrots and other folks you've got to get a compliance with sticks, and we have to be smart enough and have the common sense to know who to give the carrots to and who to give the sticks to, and, unfortunately, it could be that -- at this point in time, if it's viewed that we're all about sticks, we need to make sure that -- change that so that we also start putting out some carrots to those folks that may not understand that they're in violation, that are really didn't do it on purpose, that are not there for some kind of a profit motive, that are really the residents of the City. Those are the ones that we want to give carrots to. Those folks that are trying to profit from the City, trying to destroy neighborhoods, those are the ones we're probably going to be dealing with sticks, and that's one thing. It's an educational component; not only just to the community, but also to the NET inspectors and Code Enforcement people themselves. And you have my word, that that's going to be a focus of the next half year. I mean -- and like I said, we want to get these things done quickly so that we can incorporate whatever changes we have to make during the budgetary process. Chairman Regalado: Well, I'll tell you, the Building Department should work very close with the NET Office. The Fire Department should be very close to the NET Office because, you know, everybody's going their way and citing people left and right and nobody knows where to go, where to call, and, you know, inspectors sometimes can be very gentle, but times can be very hard on people and there is no need for that. I also -- four months ago this Commission directed the City staff to develop a program that it was consistent with the goals outlined at the developer's summit, to create an incentive program for developers in the, for instance, SD-5 district, where there are few odd shapes lots that are difficult to develop. At that time, the Commission directed staff to come back to this Commission with solutions. Nothing has happened, so I wish that next week you have someone from your staff to tell me if I need to do something in terms of bringing to the agenda any item because we really need to do something. If we want quality of life, we need to have a tax base that would let us reduce the taxes and you were talking about your ideas of quality of life. It's important. Infrastructure is important. And you know why? City of Miami is one of the poorest and -- according to the census because many people, especially in my district, are homeowners, retired, that on a fixed income, and they are so -- their anguish is so big because they cannot pay their insurance, they cannot pay their water bill, they cannot pay the taxes on the fire fee; that they then have to go on to the next level and rent an efficiency for people, and that becomes a problem in general. So, we need to remedy all this. And, Johnny, I'm -- I am going to finish. I'm sure that I'm going to make you happy -- hello -- but listen, Mr. Manager; I think that it's important that you understand that corporation is a two-way street, that we have many needs. We're going to (inaudible), Johnny. It's a two-way street, and I'm here, really, to cooperate with you. I hope that you will meet with each of the board members to discuss the role, as Commissioner Teele suggested, of the Assistant City Manager and the way that the City is going and it's important that we all work together. So, Johnny, you want to -- Mr. Gimenez: Yes, sir. Mr. Charlie Cox: I'd just like to -- Charlie Cox. Chairman Regalado: Name, name, name. 101 December 13, 2001 Mr. Cox: Forty Eleven West Flagler Street. Like to commend the Mayor and the Commission for choosing to keep the Manager, who... Chairman Regalado: We haven't voted yet. We haven't voted yet. Mr. Cox: -- not always see eye -to -eye. Well, but I do believe that Carlos has been fair to the vast majority of the employees and done a good job as City Manager, and so has his staff. Thank you. Chairman Rcgalado: Thank you. Is there -- OK. Go ahead, Mr. Pidermann. Mr. Gimenez: Thank you, Charlie. Ed Pidermann: Ed Pidermann, President, Miami Association of Firefighters, 2980 Northwest South River Drive. I just wanted to remind everyone all of the things that the City Manager's done. Back in the election of the Mayor, the past election, the firefighters supported Mayor Diaz in his run, and one of the major components in our decision was one of the staples of Mr. Diaz's platform, which was that he was going to maintain the current administration and not make the whole sale changes that some of the other candidates were campaigning on, and that was one of the major decisions that we took, was to back Mayor Diaz because of the fact that he was going to keep Carlos and his staff. Carlos, I've known him for over 15 years. We've been personal friends for that long, but in our dealings, we've been able to separate the personal from the professional and we've always been able to agree to disagree. When we have disagreed -- there's a laundry list of things that we do agree on, but when we do disagree, we disagree with respect and honesty and integrity, and I think those are the characteristics that Carlos symbolizes, and I commend Mayor Diaz for the appointment, and I encourage all of you to vote in his favor, and it looks like that's the way we're going, and I congratulate you in advance for that decision. Chairman Regalado: OK. Is there a motion to confirm Carlos Gimenez as City Manager - Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Regalado: -- of the City of Miami? Commissioner Teele: Second the motion. Chairman Regalado: OK. There is a motion by Vice Chairman Winton and Sanchez at the same time, and second by Commissioner Teele. Roll call, Mr. City CIerk. 102 December 13, 2001 0 rI The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 014308 A MOTION RATIFYING, APPROVING AND CONFIRMING MAYOR MANUEL A. DIAZ'S APPOINTMENT OF CARLOS A. GIMENEZ AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: Passes five to zero. Congratulations, Mr. City Manager, (APPLAUSE) Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: There is a resolution that has been passed out, and I would move the resolution relating to the salary and compensations, noting that the net... Chairman Regalado: Noting that there is no raise. Commissioner Teele: Noting that there is no net raise, and that the net financial change is approximately seven thousand dollars ($7,000) based upon. Vice Chairman Winton: Second the motion. Chairman Regalado: There is a motion to approve the resolution, which is the package, which is the same package that Carlos Gimenez had before, and is there a second? Commissioner Sanchez: Second. Mr. Gimenez: Mr. Chairman? 103 December 13, 2001 0 Chairman Regalado: Yes, sir. Mr. Gimenez: Mr. Chairman, there are some changes. There are some benefit changes. There is a seven thousand dollar ($7,000) difference. Vice Chairman Winton: He said that. Commissioner Teele: I said that. Chairman Regalado: We said that. It's because of the adjustment. Commissioner Teele: Deferred compensation and allowances. Chairman Regalado: Right. So we have a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption; RESOLUTION NO. 01-1309 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RATIFYING, APPROVING AND CONFIRMING MAYOR MANUEL A. DIAZ' APPOINTMENT OF CARLOS A. GIMENEZ AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA; FURTHER, RATIFYING, APPROVING, AND CONFIRMING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY MANAGER CARLOS A. GIMENEZ. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS- None ABSENT; None 104 December 13, 2001 0 Chairman Regalado: We have a four-fifths resolution. That's Item Number 4. Commissioner Teele: Mr. Chairman, we have this wonderful young lady that's waiting. Vice Chairman Winton: Yeah, for hours. Chairman Regalado: Oh, I'm sorry, Sylvia. Let's go ahead and vote so we go in order. Because we didn't have a full board when we were voting. So, it's number 4, resolution ratifying and confirming the Manager's finding of sole source. Software related service for the Department of Planning. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: Four-fifths. It passes. 105 December 13, 2001 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 01-1310 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 FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE CONTINUATION OF SOFTWARE -RELATED MAINTENANCE SERVICES FOR THE DEPARTMENT OF PLANNING AND ZONING FROM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC., ON A CONTRACT BASIS, FOR A PERIOD OF FIVE YEARS, IN AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $8,100; ALLOCATING FUNDS FROM PLANNING AND ZONING FISCAL YEAR 2001-2002 GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 850101-728; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk:.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 106 December 13, 2001 2, ° I?N�?QRSEEBSIE QUT DQW1� WNL:; NIS P WWW. QWI TOWN)-,MIAMI.C)NI " OWNED $" SSI i °►` 1VI CEJ AI T�), �' ENT TSE] E S QFF)DA:Ir IT WEBRTEp�N Chairman Regalado: So, we now go back to the personal appearance of Sylvia Cejas, Downtown.com, a website for downtown Miami. Go ahead, Ms. Cejas. Sylvia Cejas: Thank you. Sylvia Cejas, once again. Good afternoon. And I'll go ahead with my presentation. If someone could get the lights again. Chairman Regalado: You need to -- Vice Chairman Winton: The Assistant City Manager in charge of lights. I guess it's an Assistant City Attorney in charge of lights. Chairman Regalado: Legal issues involved. Assistant City Attorney, you do not -- what about those lights over there? Does anybody know how to turn these lights? Ms. Cejas: In previous years I've addressed this Commission on marketing the City of Miami, and when we talk about how to increase business in the City, obviously, presenting the City is a very important factor in getting interest in business into the City. The Internet has become the most important way of promoting, especially a destination. And with this in mind, I want to present you with DowntownMiami.com, so you can see what is -- what we've created. This is the front page of Downtown Miami.com, and as you can see, there is pictures. The pictures on the top are all representative of downtown Miami, and there's different departments. As well as a photo gallery that gives you a tour of the City. And I'll go -- I'll just briefly go one by one so you can see the different features of the site. This site is entirely about downtown Miami. There's no other area that doesn't lead you to other areas in around the County or anything like that. It's just downtown Miami. The guide to downtown lists all businesses within downtown Miami, and there's about -- there's over 4,500 businesses and they're all listed at no charge, by category. City News Miami is going to be -- DDA (Downtown Development Authority) will have a page where they talk about different developments and projects going on in downtown Miami. Painting the Town are social pages. We're going to cover all the different events that go on in the City, and have pages of photos so that people can go in and just see how exciting downtown Miami is. The Talk of the Town is a live chat program. And we're going to have business and community leaders having live chats to discuss different topics of interest, and we invite all of you that might want to have a live chat program to feel free to let us know and we'd love to schedule you. The Magic City is a travel magazine online that will talk about different -- the first issue, for example, is going to focus on the great chefs of downtown Miami, hotels, restaurants. The idea is to keep a fresh news magazine that talks about the great things going on in the City. The Photo Gallery will give a tour of the downtown area. The Downtown Boutique features items that will have a downtown Miami flair. And interestingly enough, when I was in the process of building this, I went to many souvenirs stores and when I would walk in and say, do you have anything that says "downtown Miami," they would say "no." And they had lots of stuff on the beach in different areas, but nothing on downtown Miami. So, that's definitely going to change. The Survey Poll is very interesting. We're able to post different questions. 107 December 13, 2001 The first one is, "What do you like about downtown Miami?" And, basically, all visitors can answer, and we could keep track of the answers. So, again, if there's a question that you want to see what the poll says, you're able to post it. And the site has your regular features that entice individuals, such as the stock market, movies, the history of downtown Miami, the weather, and once again, it's done to assure that we get lots of repeat visits to the site. Downtown for the Holidays will cover all upcoming holidays and what's going on in downtown Miami. And coming soon, we'll feature new developments. So, here we're highlighting Watson Island. So, whenever a development is approved, we can showcase it so that the world can see what's happening. And all you see that entices more business. That's the site in a nutshell. Basically, for the last year we've been working on this site, we've met with many groups, including DDA, Downtown Miami Partnership, and the GMCVB (Greater Miami Conference & Visitors Bureau). David Whitaker was here earlier with the GMCVB. He just wanted to let everyone know that they see this project as something that could be a real catalyst to the area of downtown Miami by helping the few groups get together to work on promoting the downtown area. Any questions? Chairman Regalado: My question is, when can you have this online? Ms. Cejas: This is launching in mid-January. They're in the process of finishing the other database collection. Chairman Regalado: And what are you seeking from the City? Ms. Cejas: What we'd like to receive from the City would be an official endorsement. And I do believe that the City Attorney has some language written up on that. Chairman Regalado: Mr. -- well, I know the City Attorney has that. Do you have that? Joel Maxwell (Deputy City Attorney): Yes, sir. It's a resolution. I think you have it -- you may have a copy in front of you. Chairman Regalado: Yes, we do. Vice Chairman -- Vice Chair -- Commissioner Gonzalez: Mr. Chairman, what item is that? Chairman Regalado: This is a personal appearance. Commissioner Gonzalez: It's a personal appearance. Chairman Regalado: It's Number 9 on your personal appearances agenda. It is number 9 in the agenda. And out of that, we have a resolution that was given to us or it's being delivered. Now, I think -- yes. Mr. Maxwell: I'll read the title for you, Mr. Chairman, 108 December 13, 2001 0 Chairman Regalado: "A resolution of the Miami City Commission endorsing a website that will provide updated information about the City of Miami downtown area; and permitting "www.downtown-miai-ni.com," owned by Silvia Cejas, the grantee, to identify itself as an official City website, at no cost to the City, which permission is personal to the grantee, non- transferable or assignable and is subject to revocation by the City Commission at will." Mr. Vice Chair, if you want to -- Johnny, if you want to move the resolution. It's about the endorsement. Vice Chairman Winton: Absolutely. And the endorsement, you know, there's no dollars tied to this. Chairman Regalado: No dollars. Vice Chairman Winton: It's really the City of Miami endorsing this concept. And the endorsement means that we're going to -- that the City is going to provide real information and support to make sure that this web page is kept up. Chairman Regalado: OK. Vice Chairman Winton: I think it's just a great idea. Chairman Regalado: Do you -- you said when is it going to be on line? Ms. Cejas: Mid -January -- can you hear me through this one? Mid -January is the official launch. Chairman Regalado: OK. Can you include information about the downtown races? Ms. Cej as: Of course. Chairman Rcgalado: In the site. Ms. Cejas: Definitely. Chairman Regalado: You will get the information from the promoters and I'm sure -- or the City. Vice Chairman Winton: And that's one of the biggest tees that she's looking for here in this endorsement, is that the City will, in fact, when there's any kind of thing that the City is tied to whatsoever, that relates to downtown, she wants the City to immediately make sure that that information gets to her so it can get on the web page. Chairman Regalado: Right. Ms. Cejas: Exactly. Vice Chairman Winton: Right. 109 December 13, 2001 i Chairman Regalado: In the case of the races, I know that it's a commercial venture, but it's been sponsored by the City. So, we will ask you to, as a favor, include that in the website. Ms. Cejas: You can ask -- anything that the City's sponsoring, you can ask -- and that's part of this relationship that we're forming -- and I'd be more than happy to put that in the web. If you want to have a live chat to discuss the races, that, too. There's a lot of opportunities for promotion of the City and anyone dealing with the City. Chairman Regalado: OK. We have a motion by Vice Chairman Winton. Do we have a second? Commissioner Teele: Second. Commissioner Gonzalez: Second. Chairman Regalado: Second by Commissioner Teele. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1311 A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING A WEBSITE THAT WILL PROVIDE UPDATED INFORMATION ABOUT THE CTTY OF MIAMI DOWNTOWN AREA; AND PERMITTING "1ArWW.DOWNTOWN-M1AMJ.COM," OWNED BY SILVIA M. CEJAS (THE "GRANTEE"), TO IDENTIFY ITSELF AS AN OFFICIAL CITY WEBSITE, AT NO COST TO THE CITY, WHICH PERMISSION IS PERSONAL TO THE GRANTEE, NON -TRANSFERABLE OR ASSIGNABLE AND IS SUBJECT TO REVOCATION BY THE CITY COMMISSION AT WILL (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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 110 December 13, 2001 r� u Ms. Cejas: Thank you very much. Chairman Regalado: You're walcome. 0 111 December 13, 2001 0 0 Chairman Regalado: The last personal appearance is Roberto Godoy. Roberto Godoy of the Model Housing Cooperative to address the Commission. Mr. Godoy, I'm sorry for your waiting here. Mr. Godoy is the Chairman of the Miami -Dade Fire and Rescue Board, and we congratulate you on your recent appointment as Chairman. He's the longest serving -- fire commissioner serving in Miami -Dade County. Roberto Godoy; Thank you, Commissioner. I am here -- my name is Roberto Godoy. I'm here as the Executive Director of Model Housing Cooperative. Here we have Mr. Ralph Puig. He's the architect in charge of this project. We are not here requesting any funding. We are not :here requesting any waiver either. Let me explain what we are requesting here. First, very quickly, let me give you the background. The background. We have already received from the federal government three hundred and sixty-seven thousand dollars ($367,000). We have received from the County one million four hundred and forty-six thousand dollars ($1,446,000). In total, we have received over one million eight hundred thousand dollars ($1,800,000). We just received --- well received no, but was approved a commitment from the Sun Trust, the one million six hundred thousand dollars ($1,600,000). A total of three million four hundred and fourteen. We hope -- in the next circle, we hope to get some money from the City, but that's not the reason that we are here. The reason that we are here is for this. Right now the architect -- and he will answer any technical questions. We are here not trying -- this is going to be in Flagler and 15th Street. We build 32 apartments of which two are going to be two-bedroom and -- excuse me. Twenty-eight will be two-bedroom and four will be three-bedroom. Now, the problem is this: Right now in order to start this process, in order to have the site plan approval, we have not received opinion from the City and we are not asking anything. We have already paid to the City of Miami over two thousand dollars ($2,000). Now, in order to go to this hearing, we need to pay to the City of Miami -- and we have not received a penny -- we need to pay to the City of Miami seven thousand eight hundred and fifty dollars ($7,850). We are not asking for the waiver. Vice Chairman Winton: How much? Mr. Godoy: Seven thousand eight hundred and fifteen dollars ($7,815). Chairman a2egalado: Why is that? Why is that? Mr. Godoy: It's now -- the architect is going to explain all those things. We don't want a waiver. I mean, I know -- we don't want a waiver. This is what we want. Already have been approved -- everything have been approved by the County. We have been -- we have approved by the County to us sixty-nine thousand dollars ($69,000) in permit fee. We have been approved eighty-six thousand dollars ($86,000) in tax fee, but that take -- for the dispersement of these funds will take two or three months. That means the money's there. What we want -- in order not to stop this project, what we want is that the City of Miami allow us to go to these hearings, to put a lien on the property because we are the owners of the property. As soon as Dade County gives this money that already was requesting dispersement, will pay back to the City of Miami. 112 December 13, 2001 0 0 That means that we are not asking for waiver. The only thing that we say, don't stop this project, you know, because then we need to complain of all the Commissioners, when you're going to start, when are we going to finish? We need to have these maps in order to go to hire the contractors. He cannot answer. He's the architect. He can answer all the questions about this hearing. This is the problem, but right now... Chairman Regalado: That makes sense. What he is asking doesn't make sense. Mr. Godoy: Remember, we are not asking -- Vice Chairman Winton, we are not asking waiver. We're asking let's go into this hearing... Chairman Regalado: This is in Commissioner Sanchez's district. Commissioner, you're aware of this project? Mr. Godoy: Yes, Commissioner Sanchez. This is going to be in your district. Commissioner Sanchez: Yes. Mr. Godoy: That is Flagler and 15th. This is going to be not for rental. This is going to be for selling. We are selling... Commissioner Sanchez: Mr. Godoy, I understand. But what was is it that you need? Mr. Godoy: We are non-profit organization. Commissioner Sanchez: What is it that you need from the City? I've yet to comprehend what you're asking for. Ralph Puig: Let me address that for you. Ralph Puig, from Puig&Martinez Architect, 7000 Southwest 97th Avenue, Miami. What Mr. Godoy is requesting is the following: Since he's a non-profit organization, he has the funds available but not available yet that he could disperse, and part of the issue is that the land quarters and the Planning and Zoning Department needs to approve the site plan, which we've been working four months with them and they're very happy with it. But since he doesn't have the money presently at this time to pay the fee, what he wants is to put a lien -- specifically put a lien on his property. Once he gets the fund available, he could pay back the City. See, right now... Commissioner Sanchez: I don't have a problem with that. Commissioner Gonzalez: But the only problem -- I'm sorry. Chairman Regalado: Go ahead, Commissioner. Are you finished, Commissioner Sanchez? Commissioner Sanchez: Yes, sir. Chairman Regalado: Commissioner Gonzalez. 113 December 13, 2001 Commissioner Gonzalez: The only problem we're going to have is that if the City places a lien on the property to allow you to go through the process of Planning and Zoning and approval of the permits by the City, at the time that you're going to close with the County loan, you're not going to be able to close because you have a lien on the property. So ... Dena Bianchino (Assistant City Manager): Could I clarify? Commissioner Gonzalez: Yes, ma'am. Ms. Bianchino: We did receive the request and we reviewed it with the Law Department and were told that there is no way that we can defer these fees, nor can we put a lien on the property or anything to -- it's illegal. We can't do it. The only -- the solution here is... Commissioner Sanchez: What is the solution here? Ms. Bianchino: The solution would be, if the Commission would want to advance these funds as a loan to this organization, and then they would pay back the City as soon as they close on their County loan. The problem is, they haven't closed yet on their County money. So, they don't have the money in their hands. Commissioner Teele: How much is it that we are talking about? Vice Chairman Winton: Seven thousand dollars ($7,000). Commissioner Sanchez: I don't have any problem with that? Chairman Regalado: We're not going to stop a project for seven thousand dollars ($7,000). 1 mean -- this area is crying for this kind of... Commissioner Sanchez: It's development and redevelopment. Chairman Regalado: Go ahead. Mr. Godoy: Mr. Chairman may I? Chairman Regalado: Yes, sir. Mr. Godoy: For your information... Chairman Regalado: One second. One second, Dr. Godoy. One second. Commissioner Gonzalez. Commissioner Gonzdlez: Was this land private land? You purchased this land? 114 December 13, 2001 i 0 Mr. Godoy: Yeah, we purchased the land. We had moneys from the federal government. They gave us the money. We are the owners there. Commissioner Gonzalez: I already have all that. That is a private land that you purchased, right? Mr. Godoy: Yes, sir. Commissioner Gonzalez: OK. That's as a project in the City of Miami? Mr. Godoy: Yes, sir. Commissioner Gonzalez: Is that going to be low-income housing? Mr, Godoy: Yes, sir. Commissioner Gonzalez: It's going to be a rental? It's going to be... Mr. Puig: For sale. Mr. Godoy: For sale. Commissioner Gonzdlez: Ownership, Commissioner Gonzalez: Did you apply to the City of Miami for any kind of assistance? Mr. Godoy: Yes. Commissioner Gonzdlez: Redevelopment money or construction money Mr. Godoy: Right now we (INAUDIBLE) application that's pending five hundred thousand dollars ($500,000). It has been pending for more than a year. Chairman Regalado: But this doesn't have to do anything with what you're seeking now? Mr. Puig: Right. Commissioner Sanchez: Gwendolyn, could you shed some light on this, please? Gwendolyn Warren (Director, Community Development): Gwendolyn Warren, Director of Community Development. Mr. Godoy's project, Model Housing. Actually, we provide them administrative dollars, not brick and mortar dollars. If the Commission desires to do this, what I would recommend is that you increase his administrative allocation by seven thousand dollars ($7,000). We put it in the line item to pay the fees. Mr. Godoy: Seven thousand and eight hundred because, remember, we are non-profit. We don't have any other... 115 December 13, 2001 Ms. Warren: Eight thousand dollars ($8,000). We like to do round figures. Chairman Regalado: Commissioner Sanchez, it's your district. What do you want to do? Commissioner Sanchez: I move to do that? Vice Chairman Winton: Second. Chairman Regalado: OK. There is a motion and a second. All in favor state by saying "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-1312 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO INCREASE THE ALLOCATION OF FUNDS TO THE MODEL HOUSING COOPERATIVE TO BE USED FOR ADMINISTRATIVE PURPOSES, IN AN AMOUNT NOT TO EXCEED $8,000, BY ADVANCING FUNDING FROM 27TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, CONTINGENT UPON SAID FUNDS BEING REPAID AS SOON AS THE MODEL HOUSING COOPERATIVE CLOSES ON ITS LOAN WITH MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Commissioner Tecle: May I -- 116 December 13, 2001 0 Vice Chairman Winton: And this project also goes on the tax roll. Chairman Regalado: Yes. Commissioner Sanchez: Yes. Chairman Regalado: Commissioner Teele wanted to... a Vice Chairman Winton: We will get ad valorem taxes from all of these units when they come on board. So, we're going to add seven thousand dollars ($7,000) in administrative expenses. In return, we're going to get tens and tens of thousands of dollars year one. Chairman Regalado: In ownership. Ownership. Mr, Godoy: Ownership. Chairman Regalado: In Little Havana. Mr. Godoy: That you see in the plan... Commissioner Teele: Mr. Chairman. Thank you, Mr. Godoy. Mr. Godoy: Thank you. Mr. Puig: Thank you. Commissioner Teele: Mr. Chairman, I just want to make one observation that I made previously in the confirmation. Madam Manager, it would be very helpful if somebody's going to come before us, if you all have a recommended solution -- this is on the agenda. This is not a pocket item. If you all would just come forth with the right upfront. I mean, what you've done is great, and -- I mean, I'm prepared to do a loan from general fund and I would still be more comfortable with the loan because then I would have insisted that we file a lien or a mortgage on it. But without getting into that, I just think that there's a lot of ways we could help ourselves and help the public in these areas and I commend you for the solution, but I would think that something like this really shouldn't even have to come to us, except to ratify your recommendation. Ms. Bianchino: No problem, sir. Commissioner Teele: Thank you. Chairman Regalado: OK. Vice Chairman Winton: And 1 second that view wholeheartedly. I mean, I think that's the way the system ought to work. You all work the details out; come to us with (INAUDIBLE) hand-in- hand saying, here's what we recommend. 117 December 13, 2001 Chairman Regalado: OK. We'll go back now to the items on the regular agenda. 118 December 13, 2001 0 • Chairman Regalado: OK. We go back now to the items on the regular agenda. Item 18. First reading ordinance establishing a new special revenue fund entitled FTR Gold Multi -Channel Digital Recording System fund. Vice Chairman Winton: So moved. Chairman Regalado: It's moved. We have a second. This is a first reading. So, we don't have a public hearing. Mr. City Attorney, read the ordinance. Call the roll. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "FTR GOLD MULTI- CHANNEL DIGITAL RECORDING SYSTEM FUND" AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000 FOR COMPACT DISC SALES; AUTHORIZING THE REVENUES IN SAID SPECIAL REVENUE FUND TO BE USED EXCLUSIVELY TO FUND THE GENERAL OPERATING BUDGET OF THE OFFICE OF THE CITY CLERK; AND DIRECTING THE CITY MANAGER TO ACCEPT AND DEPOSIT ALL REVENUES DERIVED FROM COMPACT DISC SALES OF VOICE RECORDINGS OF CITY COMMISSION PROCEEDINGS BY THE CITY CLERK; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was introduced by Vice Chairman Winton, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez The ordinance was read by title into the public record by the Deputy City Attorney. 119 December 13, 2001 • • `5! Chairman Regalado: We have an emergency ordinance, 11, four-fifths vote, establishing a new special revenue fund entitled "Childcare Food Program"; a hundred thousand dollar ($100,000) grant from the Florida Department of Education. Vice Chairman Winton: Number 11. Chairman Regalado: Eleven. It's an emergency ordinance about accepting a grant from the Florida -- Commissioner Sanchez: So moved. Commissioner Teele: Second the motion. Public hearing. Chairman Regalado: It's a public hearing. Anybody who -- Commissioner Teele: Move that it be closed. Chairman Regalado: Public hearing -- Vice Chairman Winton: Second. Chairman Regalado: -- been closed right now. Read the ordinance. Roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "CHILD DAY CARE FOOD PROGRAM" AND APPROPRIATING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE OPERATION OF SAME IN THE ESTIMATED AMOUNT OF $100,1 35 CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 120 December 13, 2001 • u was introduced by Commissioner Sanchez and seconded by Commissioner Teele, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Commissioner Angel Gonzalez Whereupon the Commission on motion of Commissioner Sanchez and seconded by Commissioner Teele, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12168 The ordinance was read by title into the public record by the City Attorney. 121 December 13, 2001 RGY OR] 1NAN E G 'PROF TIQNS DA�T�CE fflGAS.. Y : €„ IN 4P 8E 0 Q 'QR QE AST G AT.I�, TAS' T TM #4By41 _ ._ TaEIl, PROF�SED' � 1VIE GEST Y ORD AN--, A ENII ING O1'ATIC}NS ,RD a: 1�CREAST Af'QPRIATS + `Af. `YEAR ENING_ SEpT BER�,30,Q4 FEYSI C%TGOIjG RQVIVIT PRQTS,KF,,HAPP�QPRAQ1SG ROJETS:{s ), Chairman Regalado: Number 12. Number 12. It's an emergency ordinance. Requires a fbur- fifths vote. Vice Chairman Winton: So moved. Joel Maxwell (Deputy City Attorney): Public hearing, Chairman Regalado: It's a public hearing. It's amending ordinance number 11970. The ordinance for fiscal year ending September 30th for the purpose of adjusting appropriations relating to operational -- Commissioner Sanchez: Is this the anti -deficiency? Chairman Regalado: -- budgetary requirements of certain City departments. This is a public hearing. Anybody -- Madam Budget Director, hello? Commissioner Sanchez: Yeah, this is the anti -deficiency, right? Chairman Regalado: Yes. Commissioner Teele: So moved. Chairman Regalado: Yeah, but we need to -- Commissioner Sanchez: Well, I -- Chairman Regalado: Anybody -- look -- Commissioner Sanchez: We'll come back to that one. It's 12. Chairman Regalado: It's 12. This is appropriation amendment. We need to have -- Commissioner Sanchez: It's a budgetary item. Commissioner Teele: Bring it up later. 122 December 13, 2001 Commissioner Sanchez: We'll bring it back. Chairman Regalado: We'll bring it back. Number 13 is the same. Commissioner Sanchez: Public hearing. Chairman Regalado: It's the same, about budget, so we'll do it -- Commissioner Sanchez: OK. 123 December 13, 2001 27, FItS . ADNG ORDINANCE AMEND CITY CO �$ <1D.3 �� aISION I�S CONSISTINNGOF SECT SNS 22 TIUG ]ANGECTIS�T �� :� x-892 E 1'IIITIa D "AAMIN STRATIO O _' � LSIQ.R $STALIN HEIS E HQRT.i L�4 iT PRO6 "." O %KGHT B, , RIE x Chairman Regalado: So, we go back to 17, is that correct, Mr. City Clerk? We have done already -- Walter Foeman (City Clerk): We've done -- Chairman Regalado: We've done 17? Commissioner Gonzalez: We've done 17. You got to 18, I think. Chairman Regalado: So, we've done 18? Commissioner Sanchez: Yes. Chairman Regalado: Yes, we did. So, we go 20. First reading ordinance. No need for a public hearing. Mr. City Attorney, read the ordinance. Joel Maxwell (Deputy City Attorney): An ordinance of the Miami City Commission amending - Commissioner Sanchez: No, no. Mr. Maxwell: Is there a motion on it? Commissioner Sanchez: There's no motion. Vice Chairman Winton: So moved. Mr. Maxwell: Is there a motion on it? Commissioner Sanchez: Second. Chairman Regalado: Oh, I'm sorry. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second. Read the ordinance. OK. Before you -- Commissioner Sanchez: Twenty, for Oversight Board for the bond issue. 124 December 13, 2001 Chairman Regalado: -- call the roll, I -- Madam Manager, I -- we need to -- is this by the Law Department or by the administration? Who did this ordinance? Commissioner Teele: What's the item number? Commissioner Sanchez: Twenty. Chairman Regalado: Twenty. Mr. Maxwell: The resolution came through our department. It's that draft in your packet now. Chairman Regalado: OK. But you need to inform all the members of the Commission before the second reading of how the board is going to work, what appointments each Commissioner will have -- Mr, Maxwell: Oh, yeah, that's -- yeah, that's administrative action there. But I'm sure they'll take that as a direction. Chairman Regalado: No. We're voting on how to do the board. Mr. Maxwell: I understand. That wouldn't be in this ordinance right here. Chairman Regalado: It would not be -- Mr. Maxwell: That information would not be in the ordinance. Commissioner Sanchez: That's policy. We'll decide who -- Mr. Maxwell: That information is done pursuant -- Chairman Regalado: Huh? Commissioner Sanchez: We'll decide who we appoint on the board. Chairman Regalado: I know. We have to do it before the second meeting. Mr. Maxwell: All right. We'll place it in there. Chairman Regalado: OK. So, roll call. 125 December 13, 2001 0 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE 11 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS"; TO ESTABLISH THE HOME LAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD, AND PROVIDE FOR THE SUN SET OF SAID BOARD; TO SET FORTH SET BOARD'S PURPOSE, POWERS AND DUTIES; TO PROVIDE FOR MEMBERSHIP, QUALIFICATIONS, TERM OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES AND RULES OF PROCEDURES; MEETINGS, QUORUMS, VOTING, ATTENDANCE REQUIREMENTS, ASSIGNMENT OF STAFF, COUNSEL, NOTICES AND FILING OF RECORDS AND ANNUAL REPORTS; MORE PARTICULARLY BY ADDING NEW DIVISION 15; CONSISTING OF SECTIONS 2-1200 THROUGH 2-120 6, AND AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: I just have a question, a curiosity question. It says in the ordinance that it's going to be the Board's going to be governed by Robert's Rules of Order. Mr. Maxwell: Yes. Commissioner Teele: Thank God. Vice Chairman Winton: Isn't the Commission -- we're governed by -- 126 December 13, 2001 0 Mr. Maxwell: Mason's Rules. Vice Chairman Winton: -- the Mooses or Mason's or -- Mr. Maxwell: Mason's. Vice Chairman Winton: Mason's Rules of Order. Why is it different? Mr. Maxwell: That's -- historically, by resolution, the Commission many, many years ago established Mason's as its rules, as opposed to the rest of the boards that have -- Vice Chairman Winton: Oh, all the rest of the boards -- Mr. Maxwell: The City Commission is the only entity in the City that functions under- Mason's Rule of Legislative Procedure. Commissioner Sanchez: We're living in the dark ages. Mr. Maxwell: This is the only legislative body in the City. Vice Chairman Winton: Thank you. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Toole: Yeah. And I appreciate the attorney clarifying that Mason's really relates to a legislative body more so than Robert's; although, in many -- although Robert's is used in a lot of legislative bodies as the authority. But Mason's is essential -- wasn't he the former a Speaker of the House? Mr. Maxwell: Mason? Commissioner Toole: Yeah. Mr. Maxwell: I couldn't tell you -- Commissioner Toole: But in any event, why don't we find out. Somebody get on the Internet and find out who Mason was and what he did, while we got -- why he's got a rule on. But let me go to this thing, because I know that the City Attorney is looking at bond counsel, and I don't want to goose this issue ahead, but I want to be very, very clear, Mr. Attorney. What this Commission needs more than anything else is, we need to get with the Budget Director and the Assistant Manager for Finance and the Attorney and we need to legislatively authorize -- is the Budget Director around? We need to legislatively authorize each of these earmarks in this bond proposal -- and this is got to -- we've got to get an opinion from the bond counsel first, but we 127 December 13, 2001 really need to have an -- a legislative document that authorizes each of the accounts that we're talking about, with separate resolutions for each of the earmarked things that we've approved; that is, if we said we're going to do some parks, et cetera, we need to have an appropriations -- authorization ordinance, an authorization ordinance. Comprehensive, hopefully, one that will codify, so that nobody can undo what it is we've committed to do. Because right now, even with the Oversight Board, a Mayor or a Commissioner could come in and say, I've got a really important project and a bunch of people -- we need to codify this as an ordinance. Each of the earmarks that we talked about -- and I know we're waiting on bond counsel, is what I was saying -- and that needs to be done right away. This ordinance to create the Oversight Board is fine, but it's really meaningless, in my mind, until we codify, by ordinance, each of the earmarks that we did in that two hundred and twenty-five million dollar ($225,000,000) bond issue. And in that regard, I really would like to ensure that we're in a position to appropriate funds from other sources, as soon as we, you know, get the bond counsel's opinion. And, so, we need to be operating literally on three tracks: One is this Oversight Board. Secondly, we need to have an appropriation ordinance for the full amount of the money that we've done in some way to codify that. And then, thirdly, we need to have the flexibility to advance funds, in effect, loans to that account so that as the dollars come in, we can begin to move. Because this, I think, is the real issue of how we keep the public's trust, that the money doesn't -- and I'm going to tell you something. No matter what we say and how much we tell ourselves what a great job we do -- we saw this with the school board -- the public is always impatient. No matter how fast we move, we're not moving fast enough. And the school bond issue of one billion dollars ($1,000,000,000), you may recall, got in real trouble in about three or four years because they didn't move fast enough to get the money out. So, that's the point that I'm trying to make, Madam Budget Director. We really need to set up these accounts so we can advance money into this. Because the public doesn't understand that it's going to take eight years to draw down the money in this. They just want to know, you hung a sign up there. You said something was going to happen. And when is it going to happen? Chairman Regalado: Amen. We will need you, Madam Budget Director, later on for two items. 128 December 13, 2001 Chairman Regalado: But now we're going to have item 23, a resolution. It's a four-fifths resolution from the office of the -- Commissioner Teele: So moved, Mr. Chairman. Chairman Regalado: It's been moved. Vice Chairman Winton: Second. Chairman Regalado: Is there a second? Vice Chairman Winton: Second. Chairman Regalado: OK. It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-1313 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE PROCUREMENT OF HERBICIDE SONAR TREATMENT OF EXOTIC AQUATIC VEGETATION IN BLUE LAGOON LAKE FROM BLUE WATER AQUATICS, INC., IN AN AMOUNT NOT TO EXCEED $20,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO, 311063, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS ORDINANCE, AS AMENDED. 129 December 13, 2001 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel GonzAlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 130 December 13, 2001 9, ' � VTHORIZE 1Vl AGER TO EXI AIVIENDN N 0 rTq TQWE ��.G�2:EEIV�ENT ETWEEI DEPARTiVIENT �' OFF �`T�ET A.I�Cr, CITX` �.DPe IOQ��S F SND STR.E�T EWER; LLC zTC� �NCI2.�A.SE �L '��'EPARi�IN� .SES — s Chairman Regalado: Number 25, resolution amendment number 1 of the City Manager with the Tower Parking Agreement between the Department of Off -Street Parking and NOP, 100 Southeast 2nd Street Tower, LLC; to increase the number of parking spaces. It's a resolution from the Department of Off -Street Parking. Is there a motion? Commissioner Toole: So moved. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and it's second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Toole, who moved its adoption: RESOLUTION NO. 01-1314 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. I TO THE TOWER PARKING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE DEPARTMENT OF OFF-STREET PARKING, CITY OF MIAMI AND NOP 100 SE 2ND STREET TOWER, LLC TO INCREASE THE ALLOTTED PARKING SPACES FROM 500 TO 565. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Toole, Jr. NAYS: None, ABSENT: None. 131 December 13, 2001 30 RAT', A.PMOVEAND CONF�tM SAN GER' ING 4F EMEREI�TC`Y,, WVQUIREEN :F4R,UIYIPTIyE SEALET; `B7TN�PRQDS ; APPROVE _EWENCY PURCHASE QF QNE S P SILL OOOPT ER S 5 97 ]3Y ST_WM "_ TER HEALTH &*FITNESS X2,925,. Chairman Regalado: The Department of Fire -Rescue. Number 26. Resolution confirming the City Manager's finding of an emergency -- Fire Chief Shorty Bryson: Commissioner, Chairman Regalado: -- waiving the requirement for competitive sealed bidding and approving the emergency purchase of one step mill exercise system. Is there a motion? Commissioner Teele: Move it. Commissioner Sanchez: Second. Chief Bryson: Mr. Chairman, before you vote. Chairman Regalado: Yes, sir. Chief Bryson: Chief Bryson, Miami Fire. We have to correct this one. We were under the mistaken idea that our first purchase of one of these, because it was under forty-five hundred -- not mistaken -- didn't have to come to the Commission, we purchased two of these machines. So, we need to amend the amount and say two machines, and the amount is 5850. Chairman Regalado: OK. Fifty-eight fifty. OK. Vice Chairman Winton: And now that we've been interrupted, Chief. Chief Bryson: Yes, sir. Vice Chairman Winton: rust -- the question here is -- and Commissioner Teele's asked it quite a few times and I -- it seems to me that we would have known that we were going to need this and it could have fit in some sort of process and not be an emergency ratification. Chief Bryson: Well, I'll explain to you why it was an emergency. First of all, the International Association of Firefighters, International Association of Fire Chiefs came up with a new valid exam, which included a cardiovascular portion of step milling. Vice Chairman Winton: Answered. Thank you. Chief Bryson: Thank you. Chairman Regalado: OK. All in favor say "aye." 133 December 13, 2001 0 0 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 01-1315 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND AUTHORIZING THE PROCUREMENT OF TWO STEP MILL 700OPT EXERCISE SYSTEMS FOR THE DEPARTMENT OF FIRE - RESCUE FROM STAIR MASTER HEALTH & FITNESS, IN AN AMOUNT NOT TO EXCEED $5,850; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280101.6.840. (Here follows body of resolution, omitted here and on file in the Office of the City Cleric.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 134 December 13, 2001 E Chairman Regalado: Number 27, a resolution, four-fifths required. It's -- Vice Chairman Winton: So moved. Chairman Regalado: -- four water pumps -- Vice Chairman Winton: So moved. Chairman Regalado: -- hoses and accessories. It's been moved. Is there a second? Commissioner Gonzalez: Second. Chairman Regalado: Second by Commissioner Gonzalcz. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1316 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF FOUR WATER PUMPS INCLUDING HOSES AND ACCESSORIES, FROM GLOBAL PUMP COMPANY, LLC, IN AN AMOUNT NOT TO EXCEED $128,217.40; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352263, ACCOUNT CODE NO. 319301.6.860 ($100,000) AND PROJECT NO. 352259, ACCOUNT CODE NO. 319301.6.860 ($28,217.40). 135 December 13, 2001 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 136 December 13, 2001 32: RAS' Y, APPROVE co . IY�ANAGER'�INNG �M�ItG�NGY, WAIVE QUIRE I NT R GO�VIP TITI REALE G PR C S S, AND APRQ�rCQUxsITIo LDEPATvl FQtA1=off S QU Tftp FO.R F PAF E OE:-x,.RES WJE FRO 'SEN, EQU PMEN'T, IAC 5jft:: , , Chairman Regalado: Number 28, resolution four-fifths. Vice Chairman Winton: So moved. Chairman Regalado: It's been moved. Is there a second? Commissioner Gonzdlez: Second. Chairman Regalado: Second by -- moved by Vice Chairman Winton, second by Commissioner Gonzalez. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1317 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE ACQUISITION OF FIRE LADDER PARTS AND SERVICES FOR THE REPAIR OF SQUIRT 10 FOR THE DEPARTMENT OF FIRE-RESCUE FROM TEN-8 EQUIPMENT, INC., IN AN AMOUNT NOT TO EXCEED $8,360; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280701.6.670. 137 December 13, 2001 0 ! (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Gonzdlez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 138 December 13, 2001 Chairman Regalado: Department of Parks and Recreation, Item 29. A resolution, Community Assistance and Leadership, after-school counseling and computer educational service at Moore Park, in an amount not to exceed a hundred and fifteen thousand, four hundred and fifty-two dollars {$115,452}. Is there a motion? Vice Chairman Winton: Commissioner Teele, this is it. I think this is your _- Commissioner Regalado: it's in Commissioner Teele's District. Vice Chairman Winton: -- item. Commissioner Regalado: Moore Park. Commissioner Sanchez: Moore Park computers. Vice Chairman Tecle: Oh, so moved. Commissioner Regalado: Yes. Commissioner Gonzdlez: Second. Chairman Regalado: So moved by Commissioner Teele. Vice Chairman Winton: Second. Commissioner Regalado: Second by Vice Chairman Winton. Commissioner Sanchez: And discussion. Commissioner Regalado: Discussion. Commissioner Sanchez. Commissioner Sanchez: Discussion. Do we have any way of monitoring these programs to be assured that they are working properly and the computers are being utilized? Commissioner Teele: Yeah. Commissioner Sanchez: Do we have any way to track how many students or participants are utilizing these computers? 139 December 13, 2001 0 Albert Ruder (Director, Parks and Recreation): Albert Ruder. We have a work program and a budget from the organization, which we're -- it's on a reimbursement basis, so we just don't pay the money until receipts are shown. And, at the same time, we're going to monitor the program, based on the work program that has been provided, which says that they're going to serve 100 children. So, we'll be working very closely with the organization and monitoring those results. Commissioner Sanchez: How long has that organization been conducting those services at the park? David Chiverton: Two years now. David Chiverton -- Commissioner Regalado; Excuse me. Your name, sir. Mr. Chiverton: David Chiverton, Executive Director. We've been doing it for -- Commissioner Regalado: Address? Address? Mr. Chiverton: 946 Northwest 46`x' Street. Commissioner Regalado: OK. Mr. Chiverton: This will be -- January will make two years. We started last year. Commissioner Sanchez: OK. You're providing service to how many students or -- Mr. Chiverton; During the regular school year, we average about 60 to 75. During the summer, we average at 100 children because more children come through the pari-, during the summer months. Commissioner Sanchez: And the City does monitor these programs? Mr. Ruder: Well, this is the first time that the contract is going to be under Parks; before it was under Community Development. We've heard a lot of good things about the program, but we haven't monitored them, the Parks Department hasn't, but we will now that the contract is going to be handled by us. Commissioner Sanchez: I'm all for it, putting computers in parks. I'm a big advocate of it. 1 have asked the Parks Director and the administration to focus more on this, because not every kid is an athlete, not every kid's a football player or a basketball player. They go to park to learn computers and stuff. But if we're going to have these programs, we've got to make sure that they're being used. And if we're going to implement it in other parks, we've got to have some type of system to monitor, to make sure that they're providing the services. Thank you. Commissioner Regalado: Thank you. Vice Chairman Teele: Mr. Chairman. 140 December 13, 2001 Commissioner Regalado: Oh, I'm sorry Toole. 0 Go ahead, Commissioner Winton, Commissioner Vice Chairman Winton: And I was going to say -- and this isn't about FOCAL (Foundation of Community Assistance and Leadership). It's all these kinds of things, because I remember your presentation before and I was very impressed by that presentation. But it isn't just monitoring to see that the service is provided. I think what you really want to do is have some measure to determine whether or not there's been effective teaching for the students, so that when the kids come out of there, you know, we can measure some sort of performance to say that it did something well. Commissioner Sanchez: All broad. That's exactly what I mean. Vice Chairman Winton: Yes. Commissioner Regalado: OK. Commissioner Toole. Commissioner Toole: Mr, Chairman, I couldn't agree more with the comments that both Commissioners have expressed. I would like to amend this, Mr. Attorney, where appropriate, to further require that the Technologies Committee provide a review of this project, after 180 days of operation, and to report back to this board within an additional 60 days. The reason that I created the Technology Review Committee is to primarily provide as a -- to do the things that you've asked .._ just raised, Commissioner Winton. And I spoke to the Director of Technologies, who is chairing that committee today at noon about this project. We need to ensure that when we talk about technology, that we really are getting technology and it's not games and it's not things that we may not want. In fact, it's not Bin Laden, as well. So, we need to be very careful as we move into this area. I also think, Madam Manager, that utilizing existing program services, such as Community Development and others, is always appropriate. And I'm well aware of the issues relating to Community Development with this project, but, again, I don't think we should not use Community Development to provide some advice, where appropriate, on all of these programs. My goal is very simple on this, and I hope that the Commission will join in. I think that parks should contain a technology component hereafter, as it relates to our poverty issue. And I'm very pleased that our Mayor, Mayor Manny Diaz, visited this site and saw, firsthand, this project. And he seemed to have some level of interest in this project. So, I would urge his support. Call the question. Chairman Regalado: Call the question. The question, all in favor say "aye." The Commission (Collectively): Aye. Joel Maxwell (Deputy City Attorney): As amended. Chairman Regalado: OK. As amended. Vice Chairman Winton: As amended. 141 December 13, 2001 Commissioner Teele: As amended. Commissioner Sanchez: As amended. Commissioner Gonzalez: As amended. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-1318 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC. FOR THE PROVISION OF AFTER-SCHOOL TUTORIAL, COUNSELING AND COMPUTER EDUCATIONAL SERVICES AT THE CITY OF MIAMI'S MOORE PARK, IN AN AMOUNT NOT TO EXCEED $115,452; ALLOCATING FUNDS FROM THE DEPARTMENT OF PARKS AND RECREATION, SPECIAL REVENUE FUND, PARKS AND RECREATION SERVICES CONSOLIDATED ACCOUNT; REQUESTING THE COMMUNITY TECHNOLOGY ADVISORY BOARD TO REVIEW THIS PROGRAM AFTER 180 DAYS OF ITS IMPLEMENTATION TO DETERMINE THE PROGRAM'S TEACHING EFFECTIVENESS AND TO REPORT THE BOARDS' FINDINGS TO THE CITY COMMISSION WITHIN SIXTY DAYS OF THE REVIEW; DIRECTING THE CITY CLERK: TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 142 December 13, 2001 Chairman Regalado: Item 30, a four-fifths vote. Vice Chairman Winton; So moved. Commissioner Gonzdlez: Second. Chairman Regalado: OK. It's been moved and second. It's from the Parks Department. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes, The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1319 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (415TH) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE PROCUREMENT OF AN AIR CONDITIONING UNIT FOR THE KINLOCK PARK RECREATION BUILDING FOR THE DEPARTMENT OF PARKS AND RECREATION FROM AIR SYSTEMS DISTRIBUTORS IN AN AMOUNT NOT TO EXCEED $5,269; ALLOCATING FUNDS FROM PROJECT NO. 332174, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. 143 December 13, 2001 0 0 (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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 144 December 13, 2001 C� Chairman Regalado: Item 31, also a four-fifths. Vice Chairman Winton: So moved. Commissioner Teele: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (ColIectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1320 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (415TH) 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 PROFESSIONAL SERVICES FOR ENVIRONMENTAL PERMITTING FOR FLOATING DOCKS AT MORNINGSIDE PARK AND THE SHORELINE STABILIZATION AT LEGION PARK FROM ENVIRONMENTAL DEVELOPMENT CONSULTING CORPORATION, IN A TOTAL AMOUNT NOT TO EXCEED $8,950; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS. 331312 ($4,475) AND 331313 ($4,475), AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED. 145 December 13, 2001 0 0 (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 adapted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 146 December 13, 2001 36. ` ITIFY APPROVE= ANDrCONFlRM;`1�I1iiGFZ'S FLING. OF 3M E; WAIVE fR.EQL W. MENTS' FOR 9COMPETITIVE SRAI.EI7 BIDDii�TG P�OCVDUR,ES, AND ACQEP BIb? OF GANCEDc TEGI NQ QGT , ; i4, , ,AOR OJE(Y' ' EN�IIEI OWSON ISIS ND $QATRAMPlIGHTING,PROJE , 63 , 0"1$6$,972. Chairman Regalado: Item 32, a resolution. Department of Real Estate and Economic Development. Vice Chairman Winton: So moved. Chairman Regalado: Also a four-fifths vote. Bid of Gancedo Technologies for the Watson Island Boat Ramp Project. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Regalado: It's been moved by Vice Chair Winton. Second by Commissioner Sanchez. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1321 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE BID OF GANCEDO TECHNOLOGIES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INFORMAL BIDS DATED AUGUST 3, 2001, FOR THE PROJECT ENTITLED "WATSON ISLAND BOAT RAMP LIGHTING PROJECT, B-6396", IN AN AMOUNT NOT TO EXCEED $68,972; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 333126.669305.6.860; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, 1N A FORM ACCEPTABLE TO THE CITY ATTORNEY, :FOR SAID PROJECT. 147 December 13, 2001 0 0 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: Number 33 -- Jack King: Mr. Chairman, one moment. If I could get some information about the rest of the -- Chairman Regalado: I'm sorry. Mr. King: Jack King, 4031 (INAUDIBLE) Boulevard. Arleen, what's the status of the paving for the rest of the boat ramp there? How are we doing money wise on that part? Arleen Weintraub: The upland area will be built out as part of parking improvements to the island. We still have a hundred and fifty thousand dollars ($150,000) from (INAUDIBLE) that will go towards that. So, I would expect to see that towards the end of the year, and work probably -- well, here we are in December. I would say construction in the early part of next year. Mr. King: Thank you. Ms. Weintraub: You're welcome. Chairman Regalado: OK. We did vote on it, right? Walter Foeman (City Clerk): Yes. Chairman Regalado: OK. Item 31, boating docks for Morningside Park and Legion Park. Resolution -- Joel Maxwell (Deputy City Attorney): I think that's passed. Commissioner Gonzalez: Thirty-one. Chairman Regalado: We did that? 148 December 13, 2001 • Vice Chairman Winton: Yeah, just did that one. Commissioner Gonzalez: We've already did that one. Chairman Regalado: Oh. I'm sorry. We did 32. 149 December 13, 2001 0 0 TiQ EEluA N`� S , ITr.���T` y_ 87 ENi X,, S 1D '1TX .i sar 1 CITY �;� Chairman Regalado: Thirty-three, a resolution authorizing the City Manager to execute an agreement -- oh, this is the bus bench thing. So, let's wait one second. Let me ask you this: Commissioner Teele, you have said that we have a five o'clock event hereof the Little Haiti -- do we have proclamations? Commissioner Teele: Yes, sir. Chairman Regalado: OK. Frank, does the bus benches are going to take more than 40 minutes? Frank Rollason (Director, Building & Zoning): I certainly wouldn't think so. I don't see it as a -- Chairman Regalado: OK. Let's do that. Item 33 and Item 34 has to do with the bus bench contract. Mr. City Attorney, do you need to say anything before Frank brief the Commission or do we just go ahead and do the administration part? This is about the bus bench thing. Alejandro Vilarello (City Attorney): No. You -- with regard to bus benches, you can proceed to have it explained by the administration, and I'll address any questions with regard to the contract at the appropriate time. Chairman Regalado: OK. Go ahead, Frank. Mr. Rollason: Yes, sir. Mr. Chairman and members of the Commission, Frank Rollason, Assistant City Manager for Operations. We're recommending before you today a resolution to approve the contract with Sarmiento to enter into a new bus bench agreement, citywide. I can hit on a couple of the primary parts of the contract for your edification, reinforces, and to make the public aware of what is happened on a few of the issues. Vice Chairman Winton: Frank? Mr. Rollason: Yes, sir. Vice Chairman Winton: Before you do that, I'd like to make a couple of comments. My office has had a lot of calls on this issue over the course of the last probably 10 days, and none of the calls have been supportive of this, and I think we're just reaching the tip of the iceberg and, in general, there's a feeling on the part of the public, at least in District 2, that we haven't vetted this 150 December 13, 2001 0 0 thing nearly, keenly enough and clearly enough for public benefit, and I think what they would really like to have are some -- are a couple of public hearings where this issue really can get out in the sunshine in the right way. Frankly, I couldn't remember the mechanics of how it got here. I remember us discussing it. I don't -- I remember me not being bothered by it at all. And I've told a number of constituents that there's -- you know, the bus benches we have are God awful and there's no free lunch, so you've got to have some advertising, but there's some real issues here regarding the advertising, whether the advertising can be on the front, in the back, and whether it can be lit and a lot of people don't want lit bus benches shining on their homes or their front yards or their condominiums. And then there's this letter from Florida Department of Transportation that talks about things we can't do and can do, and I just think that before we sign this contract and get ourselves -- at least get me into a whole bunch of hot water, we need to have a real public hearing on this issue and hear and let the public speak. I don't mind making a decision at all, as you all know. I'm not a bit afraid of making a decision, but I always think it's fair for me to make that decision once the public has heard the issues thoroughly and then I'll make a decision. Chairman Regalado: OK. What do you want to do? Do you want to -- Vice Chairman Winton: I guess that would mean that I would probably call for some sort of deferral here, and request -- direct the management to hold a public hearing or a couple of public hearings or something, whatever they felt was appropriate, so we could get this issue thoroughly reviewed in the sunshine, gat comments, come back to us with recommendation. Chairman Regalado: Do you want to do a public hearing on the 10th of January? Vice Chairman Winton: That's fine with me. Chairman Regalado: OK. If we are going to do a public hearing on the 10th of .Fanuary, Frank and Madam Manager, you need to understand that you have to have a light agenda, because there's going to be a lot of people -- Vice Chairman Winton: There may be another way to do this, as opposed to -- I'm not opposed to the administration calling a public meeting here. You know, doesn't have to take up all of our time. Let the administration hold a public hearing, a public meeting, get comments -- Chairman Regalado: Yeah, but the whole purpose of the public hearing is for you and the rest of the board to make a decision because you -- at the end of the day, you are going to be the one voting. Vice Chairman Winton: Oh, that's true. 151 December 13, 2001 0 • Chairman Regalado: So, you know, you may hold all the public hearings in the world -- Vice Chairman Winton: And I still don't have the knowledge. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: I think it's always appropriate to defer an item when a Commissioner needs more information, but I must say this. 1, too, have received many calls, many lawyers, many lobbyists have called me on this. I think we need to have enough discussion today that we can give the management some instructions on what the issues are because calls that are made without them being made a part of the record, you wind up chasing ghosts and a part of what's going on now is, this is probably one of the -- this is -- since somebody talked about doing something with Solid Waste as I recall -- what were we talking about doing with Solid Waste, creating a district or something? You know, this has had more people calling and trying to get their answer in, and my answer has been real simple, and I want to refresh everybody's recollection. We went out with a bid, OK. Now, this isn't a big policy issue that we're talking about now. We went out with a bid for bus benches. I've heard from the bus shelter people, too. Mr. Rollason: No, this is benches. Commissioner Teele: I mean, but I've heard from the bus shelter people -- Mr. Rollason: I'm sure. Commissioner Teele: -- objecting as well. We got in bids. What were the basic numbers, Mr. Manager? Mr. Rollason: On the RFP (Request for Proposal) that -- Commissioner Teele: Right. Mr. Rollason: Results that we got hack from the RFP? Commissioner Teele: Right. Mr, Rollason: We had two that were pretty comparable and we had one that was way off the scale, with a tremendous amount of revenue that came to the City. 152 December 13, 2001 0 • Commissioner Teele: OK. But the two -- let's talk about the dollars because, see, we always want to raise taxes, we always want to cut expenses, but any time you go outside of the box now, -- because this is all about money for me, and transit, bus benches, and bus shelters is something I know a little bit about, and I can tell you, there is nothing more explosive than this because this is a very competitive industry. So, why don't we just review what the facts are before we get caught up in the -- Mr. Rollason: All right. I will give you the best of my recollection on the RFP because I did not bring that data with me. But as I recall, we were in the low one hundreds on per bus bench and then we had one that was at six hundred dollars ($600) comparable to the hundred and twenty, hundred and forty, hundred and ten, and at that point, with some other derivations that were between them and them making presentations to the Commission, we were directed to go into competitive negotiations with the three companies that had -- Commissioner Teele: So, what happened was -- now, this has already gone out; it's been bid; it came back to us with one bidder having five times what everybody else, providing us in revenue, unrestricted cash annually to the City. I even asked the guy -- I guess it was Barry Cooper I said, "Are you sure about these numbers, that these numbers -- are you all sure these numbers make sense?" And he says, "Yeah, we can do the numbers." I said, "Well, look, as far as I'm concerned -- to the management -- get a bond, get an upfront payment, and bring it to us as fast as you can." So, we're back here now. This is all been going on now for roughly a hundred and twenty days. Mr. Rollason: Right. Commissioner Teele: Now, I have no problem deferring this item, but I think we need to be -- before we start arguing about is it a bus bench or is it a bus shelter or is it advertising or is it space, we need to understand what the economic issues are that are at play here, and I, for one, am going to be hard pressed to defer this item because I'm interested in trying to get -- I mean, beyond this meeting, if that's what Commissioner -- the majority of the Commission wants to do because what we need to do is begin to collect the revenue. We have -- every time there is a tough decision to be made -- we had MCI (Microwave Communication Incorporated) that has been charging us, you know, thousands of dollars every month, and we've recognized the problem, but we can't break our habit because all these people have -- have people who are trying to maintain the status quo. The bus bench contract has expired, is that right, or it was -- it's been cancelled or what's the status of that? Mr. Vilarello: That contract was cancelled. We filed a lawsuit to declare it terminated. That litigation is still pending. 153 December 13, 2001 Commissioner Teele: Are they paying us now? Mr. Vilarello: They are paying us -- I believe they paid us -- Commissioner Teele: When was the last time we got money from them? Mr. Vilarello: They've paid us to date, as I understand it. Mr. Rollason: That is correct. And we're reconciling the account now, and with the money that we're holding -- Commissioner Teele: They've got a lot of money out of the campaign advertising, I know that. Mr. Rollason: Well, we -- aside from that, but the -- we have two -- we have a cash bond from them right now or a cash amount in hand and we have a bond from them in account, and to reconcile the cash we have, we will reconcile the account and then give them back the difference of what is owed to them and they have to keep the bond in place for the balance of this until they're off. Commissioner Teele: The only thing that I want to put on the record is that, I think we have an obligation, rather than to punt and defer this item, we have an obligation to hear enough to give some instructions and then defer it, so that we know where we're going. Otherwise this is going to wind up being every time we meet on this, it's -- Vice Chairman Winton: I have no problem with that at all. Commissioner Teele: OK. So, I'd like to hear enough of it so that we know what are the areas that need to be concerned, and I'm in agreement with the Chairman, the management ought to hold the public hearings in the neighborhoods and in the communities, and maybe we can schedule this as a public hearing, when we hear it for an action because I think, again, the public ought to have the right to know that we're doing it, but I think, if we defer it, we ought to defer it to January the 10th, with a public hearing, with instructions to the management to hold public hearings based upon the concerns that the Commission has. Because, you know, five times what we're collecting now is a lot of money to leave on the table. Commissioner Sanchez: Yeah. Frank -- Chairman Regalado: Frank, go ahead. 154 December 13, 2001 0 • Mr. Rollason: All right, sir. Let me give you a little overview, rather than just going straight to this and maybe it will be a little clearer how we're at this point. After we got the direction from the Commission to enter into competitive negotiation with the three people that bid, we did just that, and we did an all -day round -robin -type event, and brought one contractor in after another, and made it very clear what the last guy was offering, and we worked it and worked it and worked it until we got what we felt was the best deal, until the other two cried uncle and then we stopped and we said --then we even added a little bit more, if I recall. In addition to not just the dollar amount, which certainly is an element to take great consideration with, it was what we were being offered in a way of a product. Of the three vendors, there was only one that came with a new look, a new way, new type of a presentation to us. That presentation was brought before the Commission as a result of the competitive negotiations and at that time, we were instructed to go back and negotiate the contract and bring the contract back, what the exact deal would be. So, there have been two go rounds here with that, not just directing us to go do competitive negotiations, but we have brought the result of those negotiations, and then we were instructed to go back and do the contract and bring that back. At that time, the prevailing company gave a presentation here, with the graphics, and showed you the type of benches and the type of things that they could do with a more European look and that type of item. So, at this particular meeting we did not prepare to come back and give that type of presentation again. We came back to discuss the contract. In the competitive negotiations, we were able to double the amount with the particular contractor, that then what they had offered in the RFP. So, we went from six hundred to twelve hundred dollars ($1,200) a bench and in addition, when we talk about the type of advertising that they offered, after it was all said and done with the final numbers, we brought the other two vendors back into the room, individually, and we asked them if they were interested in entering into any type of a bench that was similar to this, with electric signage, and both of them categorically denied wanting to participate in that. In fact, put on the record that if it involved electricity, wanted no part of it. So, we then worked this contract out and have now brought it back to you to present. Now, lot me hit a couple of the items so you just -- then you can tell us how you want to go from this point. As a reminder on the guarantee payments for the first quarter guarantee payment shall be sixteen thousand dollars ($16,000), and thereafter the quarterly guaranteed payment shall be -- never be less than twenty-four thousand dollars ($24,000) a quarter. The issue on the FDOT (Florida Department of Transportation) right-of- way installation, the letter that you're referring to there, we -- Vice Chairman Winton; Yeah. Twenty-four thousand dollars ($24,000) a quarter in total, that's the total payment? Mr. Rollason: Yes. The -- no. The twenty -- Vice Chairman Winton: Twenty-four thousand a quarter, something's wrong with that. 155 December 13, 2001 0 Mr. Rollason: Let me look at that again. All right, hold on. Hold on, hold on, hold on. Vice Chairman Winton: Because that's a hundred thousand dollars ($100,000) a year. That's the old numbers. Mr. Rollason: Because we're at a million a year, is where -- Vice Chairman Winton: Huh? Mr. Rollason: We're at a million a year, is the figure that we're at. Vice Chairman Winton: Yes. So that's why the twenty-four thousand a quarter didn't quite get there. A little short. Mr. Rollason: No. I -- let me explain it to you. The minimum is -- because we have agreed that they're going'to make up the difference of what we were making with the other company, so we didn't lose that seven thousand dollars ($7,000). They agreed to eight thousand dollars ($5,000) a month until they get up to speed and get their advertising benches out, and then we start getting the greater part of that. But so -- we didn't have that lag while we were going along to get going. They have to make the minimum or actually a little bit more than the minimum of what the other company was paying us. So, the City didn't lose any money in the transition of going to the other one. The other one was paying us a little bit more than seven thousand. They guaranteed eight thousand and that's where we started off running with the eight thousand dollars ($8,000). The FDOT right-of-way installation. This has been a discussion that we've had from the very beginning. It is clear in the contract and it's clear with us that the responsibility to resolve that rests with the contractor, and it does not have an impact on our revenue. They owe us for nine hundred benches, and if they can't get them in the FDOT right-of-way, that's their problem and they have to get them somewhere that's allowed by the code or they have to pay us the money. If they don't get the benches in, they still owe us the money. So, this issue is their issue, which they say they're willing to shoulder and have taken a burden to straighten that out. Vice Chairman Winton: How much how many benches do we currently have in the City? Mr. Rollason: We have about 13, 1400, 1500 benches. It comes and goes. Sometimes at election time we have a little more. Vice Chairman Winton: And they're going to put in a total of how many? Mr. Rollason: They're going to put in fifteen hundred benches; 900 with advertising; 600 without advertising. 156 December 13, 2001 Vice Chairman Winton: Got it. Thank you. Mr. Rollason; So, the issue of being in residential neighborhoods with signs, they would not be allowed there. They will not be allowed on scenic corridors -- most of the scenic corridors. They are allowed on Coral Way, but those are one of the restrictions. They're just regular benches that they put out. Commissioner ,Sanchez: But may I just -- I think the biggest concern here is that, people don't want lighted advertisement in front of their window at their home, and that's not going to happen here? Mr. Rollason: No, that's -- that's not going to happen. Commissioner Sanchez: OK. Mr. Rollason: We're talking about -- the signs would be -- Commissioner Sanchez: So that clears that argument. Mr. Rollason: -- in a commercial areas where you see signage today. Vice Chairman Winton: Like downtown, where you need more lighting. Mr. Rollason: There you go. The initial term of the agreement is for five years and it has two renewable five-year terms, at the option of Sarmiento if they are not in default in any part in this contract. And in addition, at any time that they're in default, we have the option to exercise the legal remedies, but what we're saying is that if this situation works and they put the infrastructure in that they say, for them to recover, they need the option to renew two times, we still get our revenue and they cannot be in default. After the second time, the whole contract goes out to bid again. There's not a way for them to renew it at that point. We put in a more -- a favored nation, more favorable term in the conditions so that in Dade, Broward, and Palm Beach County, if they're able to cut a better deal during the fifteen -year term of ours, we get that same deal. On their payments due, they're going to pay us quarterly in arrears and that's what's good because when we get in the twenty-five percent percentage areas, west -- where we want the calculations and to get that revenue. So, we're not having to reconcile books because they paid us ahead of time. The minimum payments that are due to us, we will receive within 15 days at the end of the quarter and if we're into the 25 percent, that portion of it we will get within 30 days of the end of the quaver. Now, the existing litigation, I'll let the City Attorney speak to that and he can bring you kind of up -to -speed with that and we'll come back to that. There was concern of the 157 December 13, 2001 Commission for us, to make sure we had the insurance and bonds, they were correct. We've allowed for a comprehensive general liability insurance of a million dollars ($1,000,000). A business automobile liability insurance of three hundred dollars ($300) per occurrence; workers comp insurance for a hundred thousand dollars ($100,000) for each accident; the performance bond. This is a bond that they will have to have in place throughout the duration of the contract, to make sure that the work they do is done and that they take care of the benches and repair them when that type of thing is to be done. That's a two hundred and fifty thousand dollar ($250,000) bond, and then they also have to have a payment bond, in the last contract, we had a payment bond of twenty-five thousand dollars ($25,000). The City -- the contractor got in arrears and by the time we're catching up and playing back and forth, we were way in the hole. So, we exercised that bond to collect on that bond and we're still out quite a bit of money out of pocket and for that person to get back in, we had to deal with where they had to come up a hundred thousand dollar ($100,000) bond. In this deal, we've required them to have a five hundred thousand dollar ($500,000) bond letter of credit, and, again, you -- you know, how much do you bond somebody for. What has to happen is, the contract has to be monitored so that as your income doesn't come, some action is taken very quickly rather than waiting months and months for somebody to take some action. We also put in a special audit requirement and we went to our Internal Auditor and we asked for the language that he would like to have dealing with the general ledger to put into the contract that would help him when he does audits because sometimes the general audits that are asked for in contracts don't have the language in them that allow you to get to the heart of the books that you want to see. We have that language in our contract and they will provide to us on an annual basis, at their cost, a special report that covers all gross collections from their operations and the operations of any subcontractors. So, we're going to be able to see everything like the Internal Auditor wanted to see. The number of benches again are 1500: 900 advertising and 600 non -advertising. Also, given to the City or part of the contract -- I hate to say given because it was negotiated for -- we will receive ten plasma panels, which are the -- basically the new type, large plasma -type TV screens that you see, for the use of the City, that we can install throughout the City. Use them as gateway, use them in parks, put them at City Hall, whatever, to -- that will be maintained by them, that are computer generated. The City will also receive one hundred illuminated panels. These are panels on a pedestal that the City can utilize again, at their discretion, how we want to do it, within whatever the codes are that are allowable for signage. You know, we don't have something special for us, but if we want to put these signs in the park, if we want to use them -- Commissioner Sanchez: PSA is Public Service Announcements. Mr. Rollason: Or if we decide that we want to advertise, what we put in this contract was so that the bus bench company can't come back on us and say we're competing with their advertising. We can advertise on these benches. What we did agree, if we did advertise, is go through them and use their consultants to place the advertising so it wouldn't be competitive, but we can 158 December 13, 2001 9 advertise on these signs and the revenue would come to us. The rate of installation is important thing. How long is it going to take to get these benches in an what's the transition going to be? The advertising bus benches -- and this is a minimum. They say they will put in more but we had to have a minimum that they would put in. It would begin at April 1st and the installation, and they would start them at a rate of 30 per month in April, and then, after -- for the first 12 months and after that, they would go in at 40 per month, and that's a minimum. They contend they're going to put -- and they can speak -- that they're going to put them in at a faster rate than that, until all 900 are installed, and the non advertising bus benches, in the R-1 neighborhoods, that type of thing, they have to put those in at a hundred per month, starting in April, and as they put them in, they will remove the existing benches that are there so we don't end up with a situation where these concrete benches sitting there with advertising and with their benches there and trying to coordinate with the outgoing person. Those benches come out, these benches go in and Sarmiento handles that. The bench and panel design, which is an important element, would be approved by the City so that we can do some things in individual neighborhoods and look the look that people would like to have, when we can bring those back with recommendations to the Commission and you can say, yes, I want this style in this neighborhood or -- you know, that type of thing. And they're willing to do that. The cleaning and maintenance of the benches and the panels, they will provide, at a minimum, a once per week cleaning of the bench and panel to include removal of debris, rubbish, foreign matter and graffiti. And, again, that's covered by that two hundred and fifty thousand dollar performance bond that requires a monitoring on our side. The advertising content. That was another, you know, certainly a concern as to what was going to be advertised and what we agreed on the language is that the City may reasonably object to any advertising placed on bus bench or City panel and Sarmiento shall remove such advertisement immediately upon request of the City. And what I anticipate happening is that we will look at that advertising before it's placed and, you know, give our blessing. And then you have a yearly guaranteed minimum payment per bus bench, which is in the items that are attached to the package that I delivered to you all the other day, and maybe the Manager -- I don't know if he wants to speak to that, but we did reduce it a little bit in the first couple of years to make up for the September 11th, but we make up for it and after it goes up and they have to make up for the years that they missed. So, it starts out at 800 a year, then a thousand, then 1200 and then that's a twelve hundred mark that they were supposed to have. The next year's 1400. The next year is 1600. Then they drop back to 1200, where they get back on track. So, by the fifth year, we've recouped the loss that we had of not being at 1200 the first go round. So, that, in a nutshell, is an overview of the -- I see a puzzled look there. So, I'm ready. Vice Chairman Winton: Well, I'm not sure -- what was that about the number again, the twelve hundred to sixteen hundred to twelve hundred? Mr. Rollason: OK. All right. Right. The bus benches are twelve hundred dollars ($1,200) each, OK. 159 December 13, 2001 Vice Chairman Winton: Oh, that was revenue you were talking about, not number of bus benches. Mr. Rollason: Right. That's revenue. No, no, no. No, no. That's the revenue. So, we get -- Vice Chairman Winton: OK. Got it. I got it. Mr. Rollason: And then they make up for it when they get going. Vice Chairman Winton: Got it, got it, got it, got it. One thing you need to put on the record -- because, you know -- and it speaks to the issue and the need to have a public hearing so the public understands all this. Some of the calls I got is, oh, my God, we're going to have lit advertising out there. The advertising portion is going to be six feet tall and blah, blah, blah, blah, and it says here -- and I want to make sure this is correct -- that the allowable square footage of advertisement is no more than sixteen square feet, while the size of the shelter or whatever it's called, the unit itself -- Mr. Rollason: Bench. Vice Chairman Winton: -- is going to be 96 inches high and 16 inches wide. That has nothing to do with the advertising? Mr. Rollason: All right. You're into the ordinance portion. These are two separate items. One is the agreement. And then the next item, item number 34 is the ordinance, and in the ordinance it does speak to the size and that square footage -- actually, it's sixteen. What we did was, it came out to like fifteen point two five eight three or something. So, we said, let's make it sixteen so we don't get into that kind of argument, but the square footage of advertising is less than what's on the back of a standard bus bench right now. Vice Chairman Winton: What's the standard bus bench square footage? Mr. Rollason: Two and a half by seven. Almost thirty inches by seven feet, six feet. So, it -- we calculate it out and it came out to almost eighteen square feet. Vice Chairman Winton: Because I noticed that in the FDOT maximum is 12 square feet. Mr. Rollason: Right. But, again, that issue dealing with FDOT is an issue that Sarmiento has to resolve with FDOT. Our issue is regarding -- 160 December 13, 2001 • Vice Chairman Winton: But FDOT's rule is different than our current bus benches, is that statement correct? Because FDOT rale says you can't have more than twelve square feet of advertising. You're saying that our actual -- Mr. Rollason: Well, I can tell you, the standard bus bench that we have everywhere is sitting on FDOT as it's sitting on our streets also. They don't make a different size back on a regular bus bench. Vice Chairman Winton: But those panels arc greater than 16 square feet currently? Mr. Rollason: Yes, sir. Vice Chairman Winton: When we have the public hearing, know what exactly what it is. Mr. Rollason: I think its a little over 18. We'll get it exactly, but I will have that. Vice Chairman Winton: OK. Let's make sure we know. Chairman Regalado: Go ahead. I'm sorry. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, yes. Looking at some of the things that the assistant Manager pointed out, I want to just elaborate on one thing. The rate of installation. As you know, they're going to try to put the ones that make the most money out the quickest, how it works, and that may be a concern that we have than rushing out to one area and putting up all the bus benches in a specific area. Mr. Rollason: Well -- all right. Let me address that. We're aware that this is a dollar driven -- I mean, it's a business. So, what we tried to do is cover it, number one, by making sure the non advertising bus benches or should be -- there's not electrical considerations or there's not those -- those should get out there very quickly. So, that's why you see them at a hundred a month and there are 600 of those. So, very quickly they'll be out there. As far as the advertising ones go, a lot of it's going to depend on their access, getting several of them going at the same time. You know, we envision they're not going to be doing one bench at a time. They're going to take an area and they're going to hit that and do all the electrical and get the permits and get those in. So, that's why we worked out with the company going out that they will remain with their bus benches until the time this change is made. Now, we've reached the maximum of this when they have to get installed, they got to get -- you know, they've got to get everything installed. So -- I mean, it's to their advantage and it's to our advantage to accelerate this through the process and that's our intent on the City side, to help them get their benches because that's our revenue as it is their revenue, so -- 161 December 13, 2001 Commissioner Sanchez: And I've seen the numbers. The numbers are good for the City, the revenue. The bus and panel design approved by the City taking characters of community served, how would we supervise and regulate that? Would we have -- Mr, Rollason: We'll bring them -- we will -- what I envision, we would meet with them. We would get their ideas of what they're willing to present. We would make a recommendation and come back to the Commission and say, these are what we have. I mean, they can speak to how many options there are, but they're willing to provide to us a bench that is in character with the community. Keep in mind also, part of why the lag time is in putting these into place is that once these benches are approved by us -- and this is the bench that we're going to do -- they need to get product approval through Dade County for all the wind storm issues dealing with the South Florida Building Code. So, they have a process that they have to go through. So, we see fast tracking this rather quickly coming back to you with designs to make a choice so that they could get on with the process of getting them approved. Commissioner Sanchez: Mr. Rollason, how about the situation where there is an advertisement that's not so fit, it may not be appropriate, they would remove it as we demand? Mr. Rollason: Yes, sir. That is on the second page, if you look at number 15, that -- Chairman Regalado: But, excuse me. We can't control advertising. Mr. Rollason: Well, you're right. You're right. We -- Commissioner Sanchez: Well, it all depends. Of course, what -- Chairman Regalado: No, we can't. No, we can't. That's a first amendment issue. Mr, Rollason: I'll let the City Attorney -- Mr. Vilarello: OK. Without getting too deep into this discussion, right now what we're talking about is a contract between us and Sarmiento, and there are additional conditions that we can impose on such a contract. They are providing this service with the necessary consent of this City. So, there are additional rules that you can -- it's a contractual relationship that exists here. It's different than when you act in your police powers regulating signs, which are otherwise lawful in the City, then you cannot address the content of those signs, in any respect. Commissioner Sanchez: Well, I'm just saying if they -- 162 December 13, 2001 11 Mr. Vilarello: You're -- Commissioner Sanchez: -- put something that is totally inappropriate -- I mean, if we would ask them to remove it, would they remove it at the same -- Mr. Vilarello: The contract simply provides -- without getting too much further into this discussion -- the contract provides that the contract Manager, which is the City Manager or his designee, has the right to discuss with Sarmiento the signage that's placed on these bus benches. Commissioner Sanchez: OK. Mr. Rollason: And this wording that you see in 15 is right out of the contract. Commissioner Sanchez: OK. Then the other concern that I have, the cleaning and maintenance of the bus benches once a week. I mean, it doesn't take you to look at the bus benches now and - - as a matter of fact, there may be one or two J. L. Plummer advertisements still out there on bus benches, but that goes to show you that -- you know, if we want to turn the City of Miami into a Cosmopolitan City, which it should be, and we have taken additional steps here, not only the administration but us, to focus on quality of life issues, the bus benches, the billboards, regulation of the private haulers, those are issues that we would address to improve the quality of life. This is a step in the right direction, not to mention the revenue stream that's going to provide the City of Miami, but taking into consideration an issue that Commissioner Winton brought forth is one of major concern. I want to be guaranteed that we will not have illuminated or bus benches in a residential area where I'm going to have a complaint in my office, someone saying I can't sleep at night because, you know, the light is on. So, if we have guarantee -- Mr. Rollason: They have to come and pull a permit for every one of these benches, with a site plan, everyone is individually permitted, and they need our permission to put that there. So, between us and zoning, Planning and Zoning, we will see that the signs go -- the ones that are signage go in the appropriate place. When we go to permit to go in FDOT, it's because they brought to us permission from FDOT to put those out there. And there are some contingencies that, if they have problems at FDOT, to adjust the bench to come into line with something with FDOT. So, you know, we feel confidant that these problems are solvable. Also, I want to mention to you that we have -- as Mr. Stahl, I'm sure, will bring to your attention -- we have out there now a pilot program going with telephones. We have the new bus -- the news wrack ordinance. I don't know how I could forget that. And we also have a pilot program getting ready to go with the modulars. Now, when all of those groups, along with this, is a way to tie these together with street furniture. So, if we tell the phone people that, look, the color we've decided on is hunter green, in their contract is for them to go back and change those to be green, to change the -- we already got the news wracks to be green. We can -- we have control over these. 163 December 13, 2001 If we want them medal or that green look, then we say that. So, we're trying to get a look with the street furniture that Planning agrees with. They're really kind of the driving force on that element, to make it look not all hodgepodges out there. Commissioner Sanchez: The last concern that I have is does the administration believe that we can enter into agreement with FDOT pertaining to this letter and the concerns that they brought forth? Carlos Gimenez (City Manager): That's not the -- that's not our issue. That's the issue between Sarmiento and FDOT. If they can -- Commissioner Sanchez: And do they think they can come into agreement? Yes? I mean, it's a question -- I mean, it's something that's very relevant and important here. Simon Ferro: Thank you, Commissioner. Simon Ferro, 1221 Brickell. I represent Sarmiento. That is a very good question, and, yes, we -- I can't make a representation to you that we will or not. We're going to try. Obviously, until this contract is signed, we -- you know, we cannot be making any such moves. That is why we believe time is of the essence and we would ask you to consider this contract today and I will -- and I'd like to address one of the -- the very important issue that Commissioner Winton has raised, which we recognize is important. Any time you do something new, there's going to be concerns and until you see the product out on the street, you're not going to know, gee, it really wasn't what I thought it would be. I shouldn't have been that concerned. I just want you to know that I've been threw many negotiations with municipal entities and counties, and this has been the most complicated and time consuming I've ever been in, and I can assure you that your staff has done everything it could to squeeze every single concession out of Sarmiento that they -- whether it was monetary or non monetary, and one of the things that they did do to address the concerns of residents is, number one, obviously, no panels on residential areas. But also, before we could do anything, we've got to go through a whole screening that, at all times, will be controlled by the City Manager and, in fact, we've committed to provide the City Manager with however many designs the City Manager wants because there is written into the contract wording to the effect that we will be sensitive and they will be sensitive to the character of each neighborhood. So, in fact, we've gone to the extent to say that if, in fact, we want to put a bus bench in a place where the City Manager does not want a panel, that you could actually have advertising at the back of -- at standard advertising at the -- on the back of the non illuminated, at the back of the bus bench. But the fact is, every single mechanism that we could think of, and that I think that you would want to be sure that your constituents are happy, are incorporated into this contract. So, what I would truly ask you to do, in view of the fact that every time that we -- there is a delay, it delays how -- the time we need to order these benches. These are not off -- you know, standard benches. These are custom made benches. They've got to be ordered. They've got to be manufactured. We've got to go through 164 December 13, 2001 0 • the FDOT process. It doesn't affect the -- our commitments here, but we obviously -- the sooner we do that, the more flexibility we have is that you approve this agreement today, and permit the City Manager to have those hearings because he is going to be asking for input from the community when he determines what designs he is going to demand from us. So, I think that the contract has already built into it the kind of public input that you're considering through the Manager's office, and that we would have to abide by. So, I recognize your concerns. I respect them. But I do believe that your staff has gone to great lengths to make sure that your concerns are addressed within this mechanism you have here. And again, I just want to commend your staff. You've done a great job at protecting your interests. We believe this is going to be a wonderful product. People are not going to be -- not feel bad about it. They're going to feel very good about it when they see it out on the street. And I believe the sooner we can put this product out on the street, the better it is for the City and for the contractor, Thank you very much. Vice Chairman Winton: Mr. Chairman, since the Ambassador directed that comment directly towards me, I think I do need to respond. I've seen the model -- at least a couple of the models of the bus bench. I liked it. I've voted on this in the past, but there's one minor difference here. The staff, I think, has done a great job in negotiating this thing. They've looked at a lot of different variables, but I'm the one that's going to have to get all of these phone calls after the fact. And, so, I don't mind making a decision. My constituents know I'm real good at this. Once they've been educated and they understand the issue and the battle is raging, I will make a decision. I'm not a bid afraid to. And I'm not going to be afraid again. But I don't want to do it before hand. I want them to have the benefit of this dialogue and discussion, then I'll make my decision. Commissioner Teele: On the point that you're making on -- excuse me. Sir, did you want to make a statement? Ted Stahl: Yes, sir, Yes, sir. Commissioner Tecle: Your name and -- Mr. Stahl: Ted Stahl, 2867 Day Avenue. When I heard bus benches on the agenda, I go back to 1985 when I stood before -- not you gentlemen, but another Commission. Because of the advertising on bus benches in residential area throughout my area of Coconut Grove, it became such a sore eye to us, with no results from the Public Works and the department heads, that we had to come before the Commission and plead you would take care of the issues in our residential areas. I think it is very important, before you make any decision, -- and I know, Mr. Teele, it's money, and sometimes money is taken over by aggressiveness by these departments, placing signs in areas that they do not warrant. From U.S. I into Coconut Grove, for years we have complained about advertisement. We have been promised over the years, rim Kay, Public 165 December 13, 2001 Works, that banners would be omitted from this area. We do not need advertising of Homestead automobile races. We do not need advertising of home shows in Miami Beach. These banners have become so like a disease, starting from U.S. 1, in front of one of the most beautiful pieces of real estate in the United States, Vizcaya. To drive down that street, there should not be one damn bus bench with advertisement; there should not be one banner advertising out of town, and it shall go down right down our scenic drive. We do not need this. Now, here before me are two letters. You're talking about that they will have to go before Public Works for permits. Gentlemen, when was the news wrack ordinance approved? Do you see one new news wrack on the streets of Dade County? Commissioner Sanchez: They've done it here. Mr. Stahl: Excuse me, sir. This is just going back to what they're saying that they are going to have to approve the locations. They cannot even, until -- as you know, Mr. Rollason, in due respect, months have gone by and so, I went down and sat down and said, where are all these applications for the news wracks? A thousand. Not one approved. Why? You don't have the staff to approve them. Thousands of applications not approved. Thousands of dollars are being lost because these have not been -- now, you're going to throw on Public Works the bus bench issue. You can't even take care of the news wracks. Now, you've got ordinances but you don't enforce these ordinances. Since September, NET (Neighborhood Enhancement Team) office, West Grove, I have called; they have called Public Works; Andre Bryant has written letters to the bus bench company to remove the advertisement on our scenic corridor of Douglas and Ingraham. As a resident to drive by Corona sign with filthy graffiti, earrings and mustaches is a pain in my rear end, and I want it removed. Because if you don't remove it, I'm going to go down with a paint brush and paint it because I'm concerned about my neighborhood. This is filth and I'm tired of seeing it, especially in residential areas. You can't even get Public Works to remove them. And in the old days, they would have gone down there and picked them up and put them into storage, and when these people have to pay to get their merchandise back, they start respecting you. You can't even take care of what we've got now and it's very sad. You must have a public hearing. You must hear the people of this community, at least Coconut Grove. We're not very happy with your planning. Chairman Regalado: Mr. Stahl -- Ted? Mr. Stahl: Yes, sir. Chairman Regalado: We are going to have a public hearing. Mr. Stahl: That's good. 166 December 13, 2001 0 • Chairman Regalado: On the 10th of January. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: If I may regain. I was kind enough, I think, to allow Mr. Stahl to speak and I think he has a very important perspective, and I do respect that perspective. Mr. Chairman and to Commissioner Winton, Miami really is a lot of different cities, and while I spoke about money, that's not where my passion really is on this. But I -- as a Commissioner, I do want to be on the record that I think it's important that we do get revenue because at every turn, we're adding dollars, we're adding services -- dollars to our budget; we're adding services, but we cannot bring the must -- we cannot bring ourselves to vote for new taxes, new fees, et cetera, and somewhere you've got to get this money. I mean, it -- everybody wants everything. But let me give you a totally different perspective because I think this is important, particularly with the limited background that I've had as serving as the nation's highest transportation -- public transportation official. I am 180 degrees in opposition to almost every comment that you made, Ted, and let me tell you why. Mr. Stahl: Yes, sir. Commissioner Teele: My district is a transit -dependent district, Johnny. You happen to represent a unique district that was carved, candidly, inappropriately, but -- say again. Vice Chairman Winton: It's kind of fun. Commissioner Teele: It's kind of fun, but it literally -- it carved all of the affluent parts of the City from the Grove to the Omni to the Brickell to Morningside, right, and that's fine. That happened. But I've got to tell you something, there is another part of this City that is very transit - dependent. They need bus benches. Let me invite you to drive down Northwest 2nd Avenue, between 112, 36th Street and 79th Street. You will see people standing all up and down the road with no place to sit, no place -- no -- protect themselves from the weather. No bus benches, no bus shelters. The way we provide bus benches and bus shelters is through the advertising. Now, we could, on the other -- a lot of cities take the position that we're going to not have any advertising, and you know what? We will have an annual budget of probably eight or nine hundred thousand dollars ($900,000) a year of money going out, OK, and we'll pay for the bus benches and the bus shelters, et cetera, et cetera, et cetera. But by and large, the vast majority of the municipalities in this country allow advertising because then it becomes a -- not just a profit center, but at least it pays for the cost of the service that we're trying to provide. Mr. Stahl, I don't know if you ride buses. I don't know if you have domestic help that needs to get to your 167 December 13, 2001 0 place or in the people in the area where you live, but let me tell you something. I think, if you talk to the people who ride those buses, they will tell you, "A", we want lighting. They'll say something totally different from what my -- and I don't disrespect Johnny and what he's saying, but lighting is a way to provide -- illumination is a way to provide more security. So, these issues are not just "I'm right and you're wrong or you're right and I'm wrong." I think the answer is, we need a public hearing, to some extent. We possibly need to have some areas where we do have a blackout, if you will, or a lineout -- I don't want to say blackout -- of restrictions on certain types of bus benches or bus shelters in this area. I don't have a problem with that. I don't think we've got to have this City one shoe, one size fits all, but I think it's important is that we hear from the public and that we do what is right, because I'm here to tell you, if Miami is the poorest City in the nation, as the census would suggest, we need a hell of a lot of bus benches out here because we need bus benches and bus shelters so that people who are trying to get to their work and their job places can do so out of the elements and with some degree of comfort. And, so, I would ask your indulgence in understanding both points of view. Mr. Stahl: I understand both points of view, and all I can say is, you know, Coconut Grove -- i think the City has spent thousands and thousands of dollars on their new planning study regards to signing, landscaping, and all we ask that, if you are going to bring the bus benches into our area, can we have a little bit of organization with that bus bench, that it fits into the decor that we are spending thousands of dollars on planning? That's all we're asking for - decent, respectable sites to fall in with our community. Chairman Regalado: Thank you. Vice Chairman Winton: Commissioner Teele? Chairman Regalado: Thank you. Vice Chairman Winton: Could I address Commissioner Teele? Chairman Regalado: Go ahead. Go ahead. Vice Chairman Winton: Commissioner Teele, I want you to understand where I was coming from. I didn't say I dislike these bus benches at all. I just said, you know, the public, at least in Coconut Grove, has said they don't feel like they understand what's going on. That's the only reason I want a public hearing. I've seen them, I thought it was a huge step forward, and so -- but I do -- I simply wanted to give the public an opportunity to say their piece before I made my decision there. 168 December 13, 2001 Commissioner Teele: I will tell you this, Johnny. I'd really like to -- I don't know where any of the Commissioners are. I'd like to split this thing down the half. What I'd like to do is approve the contract, with an effective date of some time in the future. In other words, let's -- because we've got to -- we've got a whole lot of lead-time issues here. If there is a -- what do we need, four votes or three votes? Vice Chairman Winton: Three. Commissioner Sanchez: Three votes. Commissioner Teele: Three votes. I don't know if three votes are here. But I want to have a public hearing and I want to have the right to rescind the contract or to rescind it, but what I'm saying is, if we can go ahead and approve this, effective January the -- Commissioner Sanchez: Second, Twenty-fourth. Chairman Regalado: The 11 th. Commissioner Teele: Why not the 11th? Chairman Regalado: Yes, the 11th. We're going to have the public hearing on the 10th, effective January the 11 th. Vice Chairman Winton: I'm asking Mr. City Attorney if he can do whatever -- Commissioner Sanchez: Well, you want to be able to provide sufficient time for a public hearing. Chairman Regalado: Yes, we are. We're going to have -- Commissioner Teele: But we want the public hearing to be held before they come here, first of all. We need neighborhood hearings. We need some hearings in Coconut Grove, very clearly. We possibly need some in the Upper Eastside or wherever Commissioner Winton and others feel. But I've got to tell you something; this is really a tale of two cities. I can tell you right now that, in Little Haiti, in Model Cities -- Vice Chairman Winton: They're ready to go. 169 December 13, 2001 0 Commissioner Teele: -- people are going to stand up and applaud if you give us bus benches and illuminated bus benches. So, I don't want to pit one community against the other, but there may be a way to carve this thing around. Chairman Regalado: I can tell you -- Commissioner Sanchez: At the end. Chairman Regalado: -- if I may, I can tell you that, I spoke with the Mayor and he favors this contract. So, if you want to -- Commissioner Teele: I'd like to ask the attorney. Mr. Attorney, where is the middle ground? I want to give us a trigger to not do this, but I do want -- I do recognize that we have a long lead- time here item. I don't know what, you know, it means to them, as long as everybody knows that we're not approving a contract today. We're approving it effective January 11th or something like that, and if the developers want to take the risk to go forward, you know, and they're secure in their position, at least they walk out of here with something. But this is -- in manufacturing, this is a good time to get stuff manufactured because it's slow for everybody else, you know, based upon scheduling. Mr. Vilarello: Commissioner, in fact, that last issue is exactly the reason why you can't approve this contract today and then rescind it at some future day. Commissioner Teele: I didn't say approve it today. I said, approve it effective January 11th. Mr. Vilarello: Well, that's essentially the same thing. This contract that's before you actually -- exactly the way it's supposed to. It was negotiated, signed and executed. It's before you as an offer. The City Commission accepts that offer with any changes you might make today, the contract is in place simply subject to the direction to the City Manager to sign it. And if you wish to consider comments made at a public hearing, what you should do is, you should defer it to some point after the public hearing and then vote and approve the contract at that point. Commissioner Sanchez: Have we had any public hearings, community meetings of any kind prior to this? Mr. Rollason: No, sir. We have -- we've done the negotiations and come back as directed. Chairman Regalado: Excuse me, Excuse me. There was a public discussion twice. Mr. Rollason; There was when the -- you are correct. On the concept and people got up and -- 170 December 13, 2001 Chairman Regalado: And it was a public hearing at that time. Mr. Rollason: -- talked about it. That is correct. But I mean, since we negotiated, we haven't. Vice Chairman Winton: Presentation, but that wasn't -- it was not announced as a public hearing. The public wasn't notified that this was a big issue. Commissioner Sanchez: Well, I'm all for it, having a public hearing. Whatever date. You want the 11th? Whatever date. It's just going to be hard now, in December to have any public hearings with the Christmas holidays. Mr. Rollason: Right. If I want to point out one other thing -- if we're -- we're in the holidays -- Commissioner Sanchez: We're in the holidays. Mr. Rollason: -- and we schedule these and then people come and say well, you did it around the holidays. 4f course I wasn't able to go. I was out of town and this thing got -- Chairman Regalado: We will do it on the 10th, on the 10th of January. I mean - Mr. Rollason: The public hearing itself? Chairman Regalado: Yes, sir. Public hearing. And then you go ahead and -- Commissioner Teele: Mr. Chairman, I respectfully urge that this matter be scheduled as a public hearing. However, I really think what's important is that there be some neighborhood meetings -- Mr. Rollason: Workshops or something. Commissioner Teele: Workshops, if you will, in the Grove, in areas where this issue is a sensitive area, but it should be well before the 10th an if people feel strongly enough about it, they shouldn't come in here and complain that it was held, you know, on the 8th or 9th, that it should be at a time convenient for the district Commissioner, as well. Mr. Stahl: And the public coming on the 10th. Could we have the approximate time that we would be heard? Because most of us are working people and we can't sit here all day. Vice Chairman Winton: Five -thirty, five, six. Five thirty, six , six. 171 December 13, 2001 Mr, Stahl: Five o'clock? Vice Chairman Winton: Five o'clock, Mr. Chairman? Chairman Regalado: OK. Five o'clock. Mr. Stahl: Thank you, sir. Thank you very much. Chairman Regalado: Five o'clock. Mr. Kutun, do you want to -- Barry Kutun: I'd just like to comment. Chairman Regalado: Go ahead, sir. Mr. Kutun: My name is Barry Kutun. I'm with project Manager for Sarmiento Advertising Group, 1221 Brickell Avenue, Miami, Florida. I understand that, you know, most likely the Commission is going to move this to January IOth. I just would like to make a few remarks. One, if you recall, this started -- on September 7th was the date that this was approved, that you all directed the Manager to enter into this contract. Due to the fact that there were elections and a lot of activities that were taking place, the matter never really got agendaed (sic) until now. And based on what happened on September 7th in our negotiations with the Manager and the feeling that there would be a contract consummated between us, we went ahead and spent an enormous amount of money. We have a lease that we're about to enter into for our administrative headquarters on Bayshore Drive. We've got -- we've been already -- we've already started the process, which is a very lengthy process to get product approval in Dade County. We've got engineers working on that. We actually have five people that are working in an office. We can't hire these people as employees yet, so we can't get into workmen' compensation. We can't get into, you know, actually -- we're paying these people on a different kind of a basis. We've got a loan that's being -- that's pending with a bank now for over three million dollars ($3,000,000), which has been approved, which could not be consummated because they have to see a contract that's signed, OK. This has all been set up. Our company's going to spend over four and a half million dollars ($4,500,000) to put this in place. That's a lot of money. Four and a half million dollars ($4,500,000) and it's factual. These are beautiful pieces of street furniture; beautiful pieces of illuminated panels for the City. We're going to spend over half a million dollars ($500,000) just in the ten plasma panels that you're taking about. A half a million dollars ($500,000) for you all just on that. Now, we have got all this in line and we're spending tens of thousands of dollars, tens of thousands of dollars every month, OK, and we have actually hired a CEO (Chief Executive Officer), who we -- he's now looking to rent a home here. He's got four children. We brought him in. He's actually here right now. 172 December 13, 2001 • 0 We've been meeting with advertising agencies so we can get our advertising set up because once you get these panels up, you have to have advertisers. We have to be able to generate the revenue to pay you a million dollars ($1,000,000) a year. That's a lot of money. Now, we've agreed with the City that they have the final word where these signs are going to go. Sarmiento cannot put the sign up unless the City says that we can put it up, Commissioner Toole: Would you repeat that, please? Mr. Kutun: I said the City of Miami has the absolute final word where any of these signs go. It's right in the contract. We can't just go and drop it like they drop a bench today, OK. We -- first of all, we have to have electrical wiring. These things are very -- we have to put a paved thing down. I mean, we have permit -- the City has to approve the location and it's right in the contract. Chairman Regalado: Mr. Kutun, just a question to the City Attorney. Mr. City Attorney, if the Commission were to vote today on the contract, if we have the public hearing -- in the public hearing, can we determine which areas of the City could be blacked out or the place -- (COMMENTS OFF THE RECORD) Commissioner Teele: Don't say blacked out. Chairman Regalado: Well, we're talking about illumination. Vice Chairman Winton: Or carved out. Don't put any benches at all in Coconut Grove or Brickell. Chairman Regalado: Well -- Commissioner TeoIe: What's that? Say that -- Vice Chairman Winton: Said don't put any benches at all in Coconut Grove or Brickell. Chairman Regalado: Well, no. Because -- no. He is talking about the signs. Commissioner Teel e: May I just say this, Mr. Chairman? Chairman Regalado: Yes, sir. 173 December 13, 2001 Commissioner Teele: The answer to your question is, exactly yes. The City has total control still over where they go. Is that a correct statement, Mr. -- Mr. Kutun: That's correct. Commissioner Teele: So, if that's the case, then I'm prepared to move this with the further condition that there be a public hearing on the 10th -- let's don't say blackout areas but restricted areas, either both in terms of advertising or illumination. And, Johnny, I'm going to say this. I think -- I mean, I will support you -- Vice Chairman Winton: Yeah, I don't have a problem with it, you know. We're advertising or illumination. Commissioner Teele: I will support you as it relates to any area that you want to restrict, but I'm going to say this to you, Johnny, honestly, and this is particularly true of Key Biscayne, where we heard testimony in the MPO (Metropolitan Planning Organization). It takes people three and a half to four hours in Model Cities, based upon the horrible bus service that we have in this town, to get from Liberty City to Key Biscayne to do domestic work. I think it would be terrible if we don't provide bus benches and bus shelter in the Grove and in these other areas, but this is what's going to be really unfair. If we're going to have to dig into the City's pot now and pay for bus benches and bus shelters and to maintain them -- remember, we're getting a service out of this. It's not just about money. Vice Chairman Winton: You're not having to convince me. The only issue here -- Commissioner Teele: But you said it restricts them out of the Grove. Vice Chairman Winton: For one reason: Because we haven't had the -- he's up here now convincing you guys that we ought to forget about the public hearings for a while. Commissioner Teele: No, no, no, no, no. Vice Chairman Winton: Yes, he is. Commissioner Teele: No, that's not what I'm -- Vice Chairman Winton: He's wanting us to vote. Commissioner Teele: That's not my motion. My motion would be to approve the contract -- 174 December 13, 2001 0 Vice Chairman Winton: I know what your motion is, but his -- Commissioner Teele: And to require a public hearing at the next January 10th meeting, with -- proceeded by neighborhood workshops regarding restrictions, regarding illumination, and/or advertising of areas within the City of Miami. That is, that would be an instruction not only to the contract, but to the management as to where they cannot have -- where the Public Works Department can't issue a permit and if you all say you don't want a permit on U.S. I coming through the Grove -- I mean, I just wonder about the people that are working there in the hospital there at the -- Commissioner Sanchez: Mercy Hospital. Vice Chairman Winton: But by the way -- and just understand this. I'm not going to necessarily support -- in fact, I think most people know we need those bus benches in the Grove just as much as you need them elsewhere because the people that you're talking about bring -- take buses, come into the Grove, do the work, and they deserve the same kind of accommodation right here in the Grove that they deserve outside the Grove, but this is kind of a process in principal issue here right now that I'm dealing with. I'm not opposing any of this, none of it. I'm just simply saying that the public, that the other side of the public that's also affected by this here, in this neighborhood, ought to have a right to say their piece before anything happens. Now, Commissioner Teele, you're trying to carve out or craft a process whereby we can potentially make this happen. And I'm not opposed to the concept of the bus bench or shelter or whatever this thing is called, with no lighting and no advertising moving forward, but I don't want to agree to one bit of advertising, nor one bit of illumination in the area where I know all the flack's going to come from until we've had a public hearing. And if, after a public hearing, I don't mind saying, you know, I've heard your points, but I don't care. Commissioner Teele: I would accept that in the motion, because you know what, Johnny. They can't build a bus bench and install it within the next 30 days. Mr. Rollason: April 1 st is in the contract for them to start installation. Vice Chairman Winton: Six months. Commissioner Teele: It can't even start until April 1st. Commissioner Gonzalez: In six months. Mr. Stahl: You can't even get the news wrack ordinance underway. 175 December 13, 2001 40 Commissioner Teele: You're right. Chairman Regalado: Well, that's true. Mr. Stahl: You need help and you need (INAUDIBLE). Chairman Regalado: Well, that's true. Mr. Rollason: Ted, you're killing me. Ted, you're killing me. Chairman Regalado: Remember, Frank, when you came -- Commissioner Sanchez: They're killing you, Frank. They're killing you. Chairman Regalado: -- to brief me on the bus benches, what did I ask you? News wracks, where we are? I knew it. I knew it because -- I mean, people are going -- listen, Commissioner Teele had a 5 p.m. time certain item. We have here elected officials. We have a County Commissioner that has taken her time to be here. We need to do something on this item. Johnny, Commissioner Teele? Commissioner Teele: Mr. Chairman, I would move the approval of the Manager's recommendation and further require that a public hearing be scheduled for January the 10th to discuss zones and areas of the City for restrictions on bus bench advertising and further request that the management hold neighborhood meetings, particularly within the Grove and Brickell and other areas at a time that's convenient for the district Commissioner. Commissioner Sanchez: Second. Commissioner Gonzalez: I'll second the motion. Chairman Regalado: There is -- Vice Chairman Winton: But now you're restricting -- I didn't hear that well. Because -- Commissioner Teele: What we're saying is simply this: We're approving the contract, with the clear knowledge to the contractor that we are prepared to impose restricted areas, zones or overlays, if you will, that will restrict areas of either illumination or advertising, based upon that public hearing. The attorney for the contractor -- Vice Chairman Winton: Or a series of public hearings. 176 December 13, 2001 • Commissioner Teele: -- has said, it's within our sole discretion anyway. Vice Chairman Winton: And, see, I thought -- you said something else. It isn't just one public hearing because you might need to have a series of public hearings over the course of several weeks during January. Commissioner Teele: A series of public hearings, neighborhood meetings, yes. Commissioner Sanchez: All right. Mr. Vilarello: Can I address -- Mr. Chainnan? Chairman Regalado: There is a motion and a second on -- Commissioner Teele: The City Attorney's got clarification. Chairman Regalado: -- Resolution J-01-1056, authorizing the City Manager to execute an agreement with Sarmiento Advertising Group. Mr. Vilarello: Mr. Chairman, can I just clarify a couple of points quickly? The contract requires them to comply with our regulations with regard to bus benches. The bus bench ordinance, which is the next item on the agenda, restricts any of these bus benches in R-1, R-2, and along the scenic corridor -- you won't be able to have any advertising at all in any of those locations. Vice Chairman Winton: In where? Mr. Vilarello: R-1, residential, single-family residents, R-2, which is duplex or the scenic corridor -- Commissioner Sanchez: There you go. Commissioner Gonzdlez: There you go. Mr. Vilarello: -- where you cannot have -- including -- other than Coral Way because Coral Way -- we do have commercial along Coral Way and it is part of the scenic corridor. Commissioner Teele: I still think we ought to have a public hearing and let the people know. 177 December 13, 2001 9 Mr. Vilarello: But any other scenic corridor, which is Main Highway, there is no advertising allowed -- Chairman Regalado: But, still, we need to have the public hearing and -- Mr. Vilarello: Yes. But then -- which is my second point, Commissioner Sanchez: All right, Mr. Vilarello: Which previously the request was that you not -- can you approve the agreement today and then sometime later rescind it? That's different than what y'all just said now -- Commissioner Teele: Exactly. Mr. Vilarello: -- which is no -- essentially, that you're not going to install any of these bus benches until after there's a public hearing and an informational process goes forward. So, if you vote on this -- Chairman Regalado: And I'm been modified by members of the Commission in terms of areas of the City. Mr. Vilarello: What you would be doing is giving direction to the contract Manager -- the Manager on -- in areas that are going to be -- that should not allow for advertisement in those areas. Commissioner Teele: Or illuminations. Mr. Vilarello: But you can do that contrary to what I advised you before, but the contract is in place and ultimately will be enforceable and simply, you'll have to have a public hearing before these benches are installed. Vice Chairman Winton: Got it. Chairman Regalado: OK. Commissioner Sanchez: Call the question. Chairman Regalado: There is a move, a second -- Commissioner Sanchez: Second. 178 December 13, 2001 0 0 Chairman Regalado: -- with an amendment. The maker of the motion and -- Commissioner Sanchez: Accept the amendment. Chairman Regalado: OK. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: Passes five to zero. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-1322 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SARMIENTO ADVERTISING GROUP, L.L.C., TO PROVIDE FOR THE DESIGN, INSTALLATION, AND MAINTENANCE OF BUS BENCHES AND CITY PANELS IN RIGHTS-OF-WAY WITHIN THE CITY OF MIAMI, AND, FURTHER, THE CITY MANAGER SHALL B DIRECTED AND INSTRUCTED AS TO THE AREAS WHERE BUS BENCHES CANNOT BE LOCATED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. NAYS: None. ABSENT: None. 179 December 13, 2001 i • FFII 'I' ADING',01O NOCE. ENI3 IN S4 8 A 90 54 ;OI`PY CGDE; ET�`I LEIS ~�`STREES nND . sEY.z"; s EN C7 X HET! TQ y 'RO E F M LOQ T GN OF ITS HES G RI Q Chairman Regalado: Number 34, emergency ordinance. That is the one that the City Attorney was referring to. Commissioner Teele: Mr. Manager -- Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: I would like to move that item for first reading. Chairman Regalado: Absolutely. Commissioner Sanchez: Second. Commissioner Teele: As opposed to an emergency ordinance. Commissioner Sanchez: First reading. Commissioner Teale: And to carry this item over for January the 10th, as well, for second reading. That way we -- Commissioner Sanchez: Have a public hearing. Commissioner Teele: We have a public hearing. Commissioner Sanchez: Second. Chairman Regalado: We have a public hearing and we have -- it's been -- Commissioner Sanchez: Moved and second. Chairman Regalado: -- move and second. Read the ordinance. Alejandro Vilareilo (City Attorney): That's -- Commissioner Teele: For first reading. Mr. Vilarello: --for January 10th. Chairman Regalado: January 10th. Commissioner Teele: It's moved for first reading. 180 December 13, 2001 0 • Chairman Regalado: Call the roll. An Ordinance Entitled -- AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54, ARTICLES I AND III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS", "IN GENERAL", AND "BUS BENCHES", TO PROVIDE FOR LOCATION OF BUS BENCHES ON PUBLIC RIGHTS-OF-WAY AND TO DELETE SUPERFLUOUS LANGUAGE; MORE PARTICULARLY BY AMENDING SECTIONS 54-8, 54-90, 54-91, AND 54-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Tecle, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. Carlos Gimenez (City Manager): Mr. Chairman. Mr, Chairman. Chairman Regalado: Yes, sir. Mr. Gimenez: Is this going to be a time certain of five o'clock? Chairman Regalado: Five o'clock. Five o'clock. So, Mr. Manager, try, in the afternoon, not to have many items on the agenda, because definitely this is going to be a long afternoon. Commissioner Teele had called for a special meeting. Commissioner, we have County Commissioner Natasha Cejas here. I'm sure that -- Commissioner Teele: 1 think she's here in her personal capacity, however. But it's a great honor to have her here. Chairman Regalado: That's true. 181 December 13, 2001 • Commissioner Teele: Mr. Chairman, I do note the presence of a close friend of Commissioner Miyon, who is also here in his personal capacity, and I would like to bring that item up ahead of this item. Mr, Avino's -- I think that's Commissioner Winton's -- Chairman Regalado: That's the Charter school? Commissioner Teele: Is that the Charter school? Chairman Regalado: Item 41. 182 December 13, 2001 • Chairman Regalado: Commissioner Teele had called for a special meeting. Commissioners, we have Colony Commissioner Natacha Seijas. I'm sure that -- Commissioner Teele: I think she's here in her personal capacity, however. Chairman Regalado: Well -- Commissioner Teele: But it's a great honor to have her here. Chairman Regalado: That's true. Commissioner Teele: Mr. Chairman, I do note the presence of a close friend of Commissioner Millan, who is also here in his personal capacity, and I would like to bring that item up ahead of this item. Mr. Avino's -- I think that's Commissioner Winton's -- Chairman Regalado: That's the charter school? Commissioner Teele: That's the charter school. Chairman Regalado: Item 41. Commissioner Teele: If it's all right. And while they're coming in, we would ask the Little Haiti group if you'll just go ahead and sit up, up front. Also, everyone who is here on the Little Haiti project, the Clerk is going to ask that you sign in. And Mr. Clerk, would you also get the names of any government officials that are here in their official capacity. I do note the presence of at least three or four County officials that are here in their official capacity. Patty Allen (Director, DDA): Thank you, Commissioner. My name is Patty Allen. I'm the Director of the Downtown Development Authority. My address is 200 South Biscayne Boulevard, Suite 1818. Here with us today, we have the developers for a charter school, Joaquin Avino and DDA's counsel, Mark Wallace. Chairman Regalado: Mr.Avino. Joaquin Avino: Good afternoon, Messrs. Commissioners. Our purpose here today basically is to finalize or get from the Commission the approval to finalize the agreements that were originally authorized in July. When those agreements were authorized in July, they left it at the discretion of the City Manager and City Attorney to finalize the final terms. We have had discussions with both the City Attorney and staff relative to the terms, and what we would like to do is bring them to a conclusion, so to speak, so that we can move ahead as it relates to the construction of the charter school. Let me point out that the only issue that's really an open issue, so to speak -- 183 December 13, 2001 • Vice Chairman Winton: Joaquin, could I interrupt you for a minute? Mr. Avino: Yes, sir. Vice Chairman Winton: Fellow, Commissioners, wherever they went -- Commissioner Teele: Right here. Vice Chairman Winton: There is a very important business issue that's going to require action on our part, one way or another. And it isn't -- it isn't just cut and dried. I mean it's -- there's a business issue that we're going to have to deal with here. So I just wanted to make sure that I got enough people here so we can decide. Mr. Avino: And let me get to that issue quickly so that we, you know, don't waste any time, since all of the other issues have been already worked out. And the issue relates to the fact that the process that you go through when you go through your charter application, it's a two-step process, just like all of the contracts that you go through when you do your selection, whether it be an architect, engineer or any other contract that you go through. You do an award first and then you come back with the final contract. Those are the two-step processes that we've gone through, like with the School Board. We were awarded our charter. We're in the process now of going back for the second phase, which is the actual negotiation of a contract. All of the information has been submitted to the School Board. We anticipate that that approval will be forthcoming in the meeting in January, at the latest, in February, if they have any delay. The problem stems from the fact that if we were to wait until February to enter into the contract, we would not have enough time for the physical construction of the facility starting in February to open in August. So consequently, what we are asking -- Vice Chairman Winton: But there's an issue here over 10 versus 14. Mr. Avino: There's 10 available charters. There's 14 applicants that have been awarded. The DDA was the first one awarded. The staff from the School Board has advised that the process that will be followed is first one in, first one out, relative to the negotiations of the contract. And Mr. Mark Wallace is going to address those issues even more, in more detail, since he's been involved with the School Board as it relates to that. I can tell you that we are the first ones. And when I say "we," I mean DDA. We're the first ones that have already submitted all the information, the first ones that are going to go through with the application, with the contract negotiation person. With the School Board following the first one in, first one out, we anticipate that there will be no problem whatsoever in getting our charter approved. And again, Mr. Wallace is going to address that in more detail. As a follow-up to that, also, out of the charters that have been approved from a general information perspective, in addition to the ones with DDA, there's one through Keys Gate that is the second one in the hopper following DDA. There's two more from the Charter Foundation which do not have a site identified as of now, so that when they enter into the negotiations for the contract, that'll be based on a temporary facility somewhere, because there's no site identified. And there's nine from Edison UTD. And again, the problem with the nine from Edison UTD is that they only have identified sites in five of them. So four of them, they don't even have sites identified for. Consequently, we feel 184 December 13, 2001 • extremely comfortable, extremely comfortable that there will be no problem, whatsoever, in finalizing the contract with the School Board in their meeting in January or February, at the latest. And again, Mr. Wallace, who has been involved in negotiating contracts with the School Board can attest to where we are relative to all of that. Chairman Regalado: Excuse me. What is the decision that we have to make here, from the City's standpoint? Mr. Avino: The problem -- or not problem, but the risk factor is that if you wait until February that you have your contract negotiated, you're not going to have time to physically construct the building. So you're going to go through a process in which you're going to satisfy not taking that risk, and at the tail end of it, end up with no school, because you don't have the school open, and you lose your charter. So consequently, what we, as developers are saying is we're willing to take the chance and get started with the construction. And quite obviously, it's a chance that we're taking, because we're on the hook, so to speak, because if, for whatever reason, that contract is not finalized, then we're faced with the situation of having to come back to the City and negotiate with the City an alternate provision, an alternate use for the development of that facility. And we're at the mercy of the City at that time. So, in essence, we feel that as the developers, we're the one taking the major risk, even though the City is also taking a risk on it. Not taking a risk implicates or implies that you, in essence, are going to be saying good-bye to the charter, saying good-bye to the school. Chairman Regalado: Well, we're risk takers here. Mark Wallace: Mark Wallace, on behalf of the DDA, 1200 Brickell Avenue. We are very far along on the contract negotiation process. .lust so that you all understand, the contract, actually, the execution of the contract is somewhat of a perfunctory exercise. I believe that we'll have the contract. We are farther along, I believe, than almost anybody else in the process. There is a bit of an issue as to the number of charters that have been approved versus the number that are allowed by law. Commissioner Teele: Mark, I can't hear you very well. Mr. Wallace: Sure. Let me slow down. Commissioner Teele: Pull it up to you. There you go. Mr. Wallace, There is an issue as to the number of charter contracts that will be allowed, given State law that says only 29 can be in this area. They've approved four in excess of that amount. It's my understanding in discussions with Miami -Dade County Public Schools that there will be some attrition, and we're expecting that. They've also indicated they will possibly request a waiver from the Department of Education. Miami -Dade County Public Schools to my knowledge has not yet decided that. In an abundance of caution, even though we are very likely to be the first one approved, because I believe we are farther along, we have already written to the Commission of Education requesting that waiver, as well. There is a minor risk, but I think it's a very small risk. I believe that we will be approved. The charter execution process, as I 185 December 13, 2001 0 said, is really a perfunctory exercise, and it's ministerial. The contract is a contract that I helped prepare several years ago, and it's been under revision, and there really aren't a lot of issues to be negotiated between the charter school and Miami -Dade County Public Schools. So I expect that we will have it. Is there risk? A little bit, yes, but I expect that we will have it. Unfortunately, we won't know until January. And that's why there is a time frame issue here for Joaquin to get the building started, so that we can open on time. Vice Chairman Winton: And I think we need to hear from staff now in terms of the steps that they've taken to both quantify and mitigate risk as far as they can. And then there's an issue where this hanging chad is kind of sticking out there that we need to address. Lori Billberry (Director, Asset Management): That's correct. Lori Billberry, Asset Management. I would like to just briefly go over some of the basic terms that have been agreed to, just to reiterate and confirm what the Commission previously approved, and that is that the City would enter into an interlocal agreement with the DDA for a portion of what's commonly known as the decimal, which is 1.4268 acres that they would be using for construction of a charter school. The rent, there would be no rent to the City when the property is used for a charter school, and the term would be for a 30 -year term, commencing when the charter school begins operation. The DDA would require the charter school to pay a PILOT (payment in lieu of taxes) if they are exempt or immune from taxes. And the other agreements that would be entered into as a result of this interlocal will be a sublease agreement between the DDA and the charter school, a ground lease agreement between the charter school and the developer, a -- yes, and then a premise lease from the developer back to the charter school. Commissioner Teele: Lori, before you kill me with facts, what's the issue? I mean what -- Commissioner Winton said there's some business issues. Just help me focus in on what the issue is that's before us right now. Ms. Billberry: Due to the fact that there is outside financing of this project, they are looking for some assurances in the event of a foreclosure, in the event student enrollment is insufficient to cover the debt service. And additionally, if they aren't able to get the charter, which is something, they do not have in place today -- Commissioner Teele: Hold it, hold it, hold it. Mr. Avino just said very clearly they have the charter. Ms. Billberry: They have been awarded a charter, but have not been awarded the contract by the School Board at this time. Commissioner Teele: Well, I will tell you right here, right now -- and I apologize, Joaquin, because I've not discussed this with you, although I have discussed some other elements of this with you in a three or four -- two or three years ago when Don Warshaw was here, and that is this: This Commission was led by the Chairman of the DDA and the active member of the DDA in awarding this charter school in that location, I said nothing. But I have said to the Manager, I've said it to the Chief, and everybody, this charter school, in my judgment, is in a very long location. It's in a wrong location, because it's one of these things where it's free land and 186 December 13, 2001 0 • everybody just says, "What can we put there? Vacant lot." And I see it now all the time at the CRA (Community Redevelopment Agency). Why do I say it's in the wrong location? If we're really going to have a police firing range there, and the stuff that we put into the Safe Neighbor Bond issue, if we get into chemical, biological agents in this area, and you're going to have chemical -- that's just the new reality of security in America today, after 9111. You're going to have all kinds of issues. I'm willing to go forward with the charter school there with a public disclosure of all of that. However, if the charter school is not going to go there, if, for whatever reason -- I mean, I'm willing to provide the kinds of releases to assist in financing, if that's what we're talking about. But if the charter school application is not approved, or the contract is not approved, to me, that's a very, very different issue. And I see no reason, in all candor, why we should -- Madam Attorney, correct me, now, because I don't want to go out on a limb. But if the charter school contract is not approved, I think the deal should be over on this particular site. Now, I don't know how the attorneys feel or -- Vice Chairman Winton: Well, it gets partially to the heart of the matter here. Commissioner Teele. Huh? Vice Chairman Winton: So you just "bingoed." That's at the heart of the matter that we're about to get into a discussion over. So you just cut through it all, and there's where the discussion is going to land. Commissioner Teele: But I think we need to give the charter school developer all of these assurances, or the foreclosure of the -- those are financing kinds of issues. And that's sort of the risk that you go into when you play this so-called public/private partnership game, you know. But if the contract, itself, it doesn't issue, the subject matter of the party is over. Mr. Avino: There's no disagreement on that, Commissioner. The only, the only question is our ability at that time then to be able to come to the City and work something out with the City, relative to the use of the facility, whether it be -- whatever the City has in mind for it, if they want to do something different with it. Commissioner Tecle: You're talking about if -- what? If you don't get financing? Mr. Avino: No. We have a commitment letter already. But in order to finalize the commitment letter, we need the agreement signed. Commissioner Teelc: Joaquin, I'm going to tell you -- may I put something on the record? Mr. Avino: Sure. Commissioner Teele: Don Warshaw told me four years ago that your firm was working with the Police Department to design the firing range and to design the kind of pre -construction services that are associated with what we need to go to DDA and the FBI (Federal Bureau of Investigation), and AFT (Alcohol, Tobacco and Firearms) and all these other agencies to get funding. If this charter school doesn't go, as far as I'm concerned -- I mean, just one person. 187 December 13, 2001 And I like you very much, and I voted for you three or four times as Manager, and you were a great Manager, and -- Mr. Avino: Thank you. Commissioner Teele: And all that. But that part is over on that, although I must say this: I thought you all were working with the City in designing and -- that's why, Mr. Manager, when we talk about the Homeland Bond Security Program, we talked about all that, I thought they were under contract, working. Now, I'm finding out they're not. So as far as I'm concerned, you know, I think you all ought to be working with us now on designing this other stuff. And that -- You won't be the developer of it. It's going to be a government facility. But I mean, I think there is something to be salvaged. Vice Chairman Winton: Joaquin, I think you need to explain in plain, clear English, with nothing covered up here what it is that you think you would want to do moving forward if you don't get the license or whatever it is that next step is. Commissioner Teele: Absolutely. Vice Chairman Winton: Because as I understand it, what you're anticipating doing is moving forward full blast to get a facility built. Now, they have to have this facility built, Commissioner Teele, and open by August -- Mr. Avino: Correct. Vice Chairman Winton: -- August -- Mr. Avino: Of next year. Vice Chairman Winton: Yeah, but the beginning of August, end of August, something, which is -- in essence, it's nine months away. So you've got to have record building construction time here to get this done. And if they don't get the license until February, that means that they're going to be moving -- at least I think I understand it this way -- they're going to be moving forward, full speed ahead, spending real money from today through January to February to get this thing built that's going to be real money that they're spending. And so therefore, if they don't get the license -- Commissioner Teele: I'm listening. Vice Chairman Winton: OK. Therefore, if they don't get the license, they want to convert -- they want the right to convert the facility to an alternate use. And if they wait until January or February before they move full board getting this facility built, they can't get it built -- Mr. Avino: Correct. Vice Chairman Winton: -- between January, February and August. 188 December 13, 2001 C Mr. Avino: Correct, 0 Vice Chairman Winton: It's impossible to get it built. And if you don't get it built and open by then, you lose your charter. Mr. Avino: Correct. And what I'm basically saying, Commissioner, if for whatever reason, that contract is not approved, which, again, you know, and I -- I refer to Mark, who negotiated the first one with Jeb as it related to Liberty City. So I mean, you know, he's the one who has the most experience relative to negotiating charters. And he, you know, has already stated that it's a very, very slim possibility. What I'm saying is that what I want to be able to do is to recoup the investment that I've made. If I'm going to go out on a limb, I want to be able to recoup the investment. To that extent, I'm not saying that I want to go ahead and have the alternate use to the full degree of it. I'm willing to come back and sit with the City and negotiate something out at that time, if it doesn't happen to be able to recoup the investment. Commissioner Teele: How much money are we talking about as an investment? Vice Chairman Winton: What is that by now and February? Mr. Avino: Well, we've already gone out of pocket as it relates to all of the architectural fees and a number of things. We might be, by the time February comes around, we might be close to a million out. I mean, if we're going to do -- if we're going to do the building and have it complete -- it's a six million dollar ($6,000,000) facility. If we're going to have the facility complete by October, you know, that's the outside number on it. Vice Chairman Winton: Well, it's clearly going to be, if you're moving on that fast and you've got -- Do you have -- Where are you in the plans, development stage? Mr, Avino: We submitted all of our plans some time back. Lori has helped us immensely in getting all of the comments. We received all of the comments. Vice Chairman Winton: That's full architectural, engineering and -- Mr. Avino: Full architectural and engineering. (UNINTELLIGIBLE COMMENTS) Mr. Avino: And we're right now to submit back so that we can get approval. Commissioner Teele: It's some real money, I mean, you know. Vice Chairman Winton: So I -- Commissioner Teele: What's your recommendation, Johnny? 189 December 13, 2001 0 Vice Chairman Winton: Well, I think the charter school is really crucial here, but that's the reason I wanted everybody to listen to this issue. And I hadn't even thought about that part you - - I frankly just wanted to be on the public record, because I was going to suggest that we do move forward and take this risk, and they have the opportunity to come back to us to figure out what the ultimate use is. I hadn't thought at all, though, about the point that you're making, which is a radically different point here. Now, I would hate to look -- I think that charter school is a crucial component to our ability to begin to attract housing downtown. I think it's crucial. And it would be awful to lose this charter, as far as we've gone. So -- Chairman Regalado: It's not crucial. It's a must. Vice Chairman Winton: Yeah. Chairman Regalado: You cannot -- Vice Chairman Winton: Better, a must. Chairman Regalado: You cannot have housing if you don't have a school. I mean, the closest public school would be the one in Coral Way near Brickell, which is -- you have to cross the bridge. It's about ten minutes to downtown. That will be the elementary. Or the Ada Merritt that will be built by the School Board, rebuilt by the School Board in three years. That is in East Little Havana. That's the closest one you've got. Or Buena Vista, which is about in Wynwood. Mr. Avino: From a use perspective, let me point out that, you know, we're putting it on the table just to let you know it. We don't think from a realistic perspective that there is such a thing as that type of a risk. And Mark has already attested to it. We went through the same process when we did the school for Ryder. We had to take that same risk, because we needed to get started in order to complete the facility, you know, and the proof is there. I mean, the facility is up and running right now. Vice Chairman Winton: I have to say another thing about that. They've already spent this money. They spent the money. We haven't spent the money. That money is already gone. And so I think you can have a sense that the real risk of what we're contemplating may happen is extreme -- the opportunity for us to come back and revisit the use of that site, I think, is extremely, extremely, extremely limited. If it were any real risk at all, they wouldn't have spent more than half a million dollars that they've already spent to get where they are. Commissioner Teele: Johnny, I can agree to this, if we say this site or a comparable site in the area. I mean, but if we're not -- I mean, you see, this is the thing that I'm missing: If we're spending a million dollars ($1,000,000) designing a school and the school doesn't, for whatever reason, doesn't get built, that million dollars ($1,000,000) is lost, anyway. So what we're trying to do now is recoup the dollars. And, I mean, I'm willing, as CRA Chair, and I know all of us that sit on the board -- there's some ways we can deal with this thing without impacting that site, that particular site, which is, I think, essential to the functions of this City in the foreseeable future as a police facility, a comprehensive police facility, consistent with our bond issue. So, I 190 December 13, 2001 mean, if Joaquin -- if Mr. Avino could live with -- The only thing that I would try to tweak it to say -- this site or a comparable, acceptable site, you know, in the general area. Huh? Vice Chairman Winton: Not for the school. For the alternate use. Commissioner Teele: If the school -- Mr. Avino: For the alternate use. Vice Chairman Winton: For the alternate use. If the school doesn't get approved, he's suggesting that it would be a comparable site. Commissioner Teele: This site or a comparable -- Mr. Avino: We just want to be able, Commissioner, to recoup the investment in case that thing happens, which we don't think will happen. Vice Chairman Winton: We also have, as a part of the agreement that's been struck; we have the option to buy them out, also, if the school doesn't get approved. So we've built in a whole number of safeguards here. And I think he's just agreed to another point you've made. And it is only if the school doesn't get approved, it's that site or a comparable site. And I think that between the buyout and what you're suggesting, I think we can get this deal done. Commissioner Sanchez: So there are a couple of options? Vice Chairman Winton: Yes. And so we need -- Ms. Billberry: I'm sorry; I'm confused. Are we going to then --allow them to physically break ground? Vice Chairman Winton: Yes. Ms. Billberry: OK. Vice Chairman Winton: When did you break ground, by the way? Commissioner Sanchez: Why would you break ground? Mr. Avino: Because if we don't break ground, we're not going to have the facility open in August. And if we don't have the facility open in August, we lost the charter. It's a Catch 22. 1 mean, you have to take the chance in order to move ahead. Vice Chairman Winton: When do you anticipate breaking ground, did you say, again? Mr. Avino: Pardon? 191 December 13, 2001 Vice Chairman Winton: When did you anticipate breaking ground? Mr. Avino: We have already gotten all of our comments back from the Building Department. We have made the corrections. We want to bring them back for our permit and start construction. The first thing that we will physically do is we need to do all of the removal of the trees in preparation of the site, which we will start on next week. Commissioner Sanchez: Johnny, you as the Chairman, I -- Chairman Regalado: Johnny -- Commissioner Sanchez: I would ask one thing: Someone from DDA and also someone from their group to sit down with me and educate me on this issue. It's a complicated issue. Chairman Regalado: By the way -- Vice Chairman Winton: But we don't have -- You're going to have to get educated tonight, because— Chairman Regalado: Well, that's what I'm going to say. It's -- We need to do something tonight, right now. Commissioner Teele: In fairness, though, I really -- In fairness, don't vote "no." In fairness, I think what we ought to do is defer this to the end of the Little Haiti, and ask somebody to work with the various -- this is a complicated issue. Vice Chairman Winton: Yeah, I agree. Chairman Regalado: I told you. I told you. Commissioner Teele: Commissioner Sanchez is very uncomfortable. And he -- you know, he -- and I've seen him. He's done this to me in the CRA too many times. He'll vote "no" in a minute. Vice Chairman Winton: That's right. Commissioner Teele: So I think it maybe good if we could just -- Vice Chairman Winton: I think it's a great idea. Commissioner Teele: -- recess this item. Chairman Regalado: Can somebody brief Commissioner Sanchez? Do you have a few minutes now? Go ahead. Just go into his office, please. Vice Chairman Winton: And the Assistant City Attorney will be there with you, also, so. 192 December 13, 2001 • i Commissioner Teele: Yeah, one of the Assistants City Attorneys. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: Also, I'm not familiar with this discussion in reference to what we want to do here, or what the alternative will be, But I know that there are some plans that have been discussed to build a training center for the Police Department. I understand that most of the Police Departments in the County right now are not sending their officers to Miami -Dade Community College anymore. Some of the Police Departments in the County are sending their officers to Broward to get trained. And there has been a discussion about building a training center, not only for our Police Department, but also to invite Police Departments throughout Latin America to come and get training in our City. So, you know, I need to know what -- what we're doing here, Chairman Regalado: Angel, we do have money -- I mean, you were not here, but we discussed that, I think the day before your election. And there is this plan to build the center for training. Commissioner Gonzdlez: What I mean is, if we -- we already compromised or the City compromised to give this land for this charter school. Vice Chairman Winton: Some time ago, that's right. Commissioner Gonzalez: I wasn't here. I didn't vote on it. I didn't have nothing to do with it. But now, I'm going to have to vote on this issue, or I may abstain. OK? The things is if we -- Chairman Regalado: No, you can't. You have to vote "yes" or "no." Commissioner Gonzalez: The thing is -- Commissioner Tecle: You can vote "yes," "no," or you can leave. You can't abstain. Commissioner Gonzalez: The thing is that if we don't, if we don't give this land for the use, the specific use of this charter school -- OK? -- And we use it for some -- and that was a compromise that was made by the Commission before me. OK? Then if we decide to build a training center, we might probably have to go to the County and buy land from the County, and pay the County prime rate for their land, so we can build our training center. Chairman Regalado: Commissioner let's -- Commissioner Gonzalez: I need to be -- And we have the Police Chief in here. Chief, what is -- in reference to the training center, are there any plans for the training center? Is this -- 193 December 13, 2001 9 9 Raul Martinez (Chief of Police): Commissioner, let me try to explain to you as best I know the issue. A few months ago, when the issue of the charter school came up, I think it carne up as a pocket item. We came up expressing our concerns, because we always thought -- we had the money. We also thought that the so-called dust bowl next to our police station was going to be for a training center. As Commissioner Teele has spoken, way before I became Chief, there have been attempts to create a first class training center for the Police Department. The pocket item came up -- I think it's a pocket item; maybe I'm mistaken -- on the charter school. There was a compromise made with DDA, we made with DDA, we made with the architect that at the time we felt there was enough land for us to build a training center for the charter school to be there. Commissioner Teele, there's probably not enough land to build a training center of the Americas with the charter school being there, and that's to be clear. But we would be able to have a training center that would be good for us. We would have a shooting range, which is one of the things we're paying the County now a hundred thousand dollars ($100,000) a year, and it's going to continue to go up, for our officers to go shooting. We have to beg, borrow and steal to do that. The issue of the training is an issue that has arisen very recently. Two weeks ago, the Dade Chiefs asked us, because they're having problems with the institute, the Criminal Justice Institute. It trains all police officers other than Metro -Dade. Metro -Dade pulled out a couple of years ago, because they were into a fight with Miami -Dade Communit=y College. There's an issue of the new interim director of the junior college for the School of Justice. By FDLE (Florida Department of Law Enforcement) standards, they have to have two years law enforcement experience. The new interim director doesn't have any Iaw enforcement experience. So FDLE has put all of us on warning, you've got to change the interim Director, or you're not going to be a certified training school. Dade Chiefs has asked the City of Miami, asked me personally, can you guys take over like you were before? Miami -- he's talking about the Miami Police Training Center that trained recruits, you know, Police Academy. That was years ago. And I told him I don't think with the current facility we have now we can do it. Whenever our training center does become equipped, we may be able to all do it, if we all shared on the cost, the training and the people to do this. And we're putting together a study for them, should that happen, should the institute really crap out and not hire the right person, and should we have to take over all police training, what would it take as far as personnel, dollars and cost. My conversations with the architect and with Ms. Billberry was that now there is next to the charter school the possibility of a parking lot on the east side. There's a parking lot on the east side, and there's no room for a training center. I think the parking lot issue, from talking to Lori -- she's not here. But I mean, it's an issue that's still to be decided at some point by the Commission. But if they do build that parking lot there, there will not be any training center, not even the training center of the Americas, but not even a training center for us. So that's as best as I know. Maybe I'm incorrect with some of the factors of the problem. Chairman Regalado: Commissioners, if later on -- we really have to do the Little Haiti Park thing, because we called for a meeting at 5. But later on, when Commissioner Sanchez returns, would you want them also for a few minutes to brief you right now, today? Mr. Avino: Yes. I would really appreciate it. Chairman Regalado: OK. 194 December 13, 2001 0 i Chairman Regalado; OK. Commissioner Arthur Toole will be presiding on this issue. It's important for him, for his district. And the fact that he would be presiding would show that he has the full support of the Chairman of the City Commission on this issue, the Little Haiti Park. So, Commissioner Toole. Commissioner Toole: Thank you, Mr. Chairman. Let me try to handle two or three quick administrative matters. Today, we would like to accomplish three or four things very quickly. First and foremost, we want to welcome all of the people who have been participating on the Little Haiti Working Group, and the persons who participated in the Little Haiti Park planning process that was sponsored by the American Society of Landscape Architects, which was a tremendous success. In that regard, we would -- at the close of this, we would like to present to all of the members of the Landscape Architect, and the people who participated in that charette process, a proclamation or a certification. Somehow, we've got to figure out how to make sure that the public can see everything that we're doing, too. So it's got to be -- it's going to have to 195 December 13, 2001 • 0 be faced sort of in. You're going to have to fact them toward each other, and we're going to have to -- and then the one that's here. It's very important, please. Chairman Regalado: Commissioner, if I may. It's important that the viewers also be able, because this -- Commissioner Tecle: Right, Chairman Regalado: -- this is the most important park project in the last 40 years in the City of Miami. So what we should do is, you will have this facing those cameras over there, so even if we're not -- Commissioner Teele: The images will be projected. We're going to -- Chairman Regalado: So -- but we need for the cameras. The image will not be able to be on TV, so we need for the cameras to -- for you to place this -- Commissioner Teele: rust like it is there, that way. Chairman Regalado: Exactly. Place that over there. Commissioner Teele: Mr. Nunez, if you'd just face the two of these that -- just sort of like that. That way, we can, I think, get it. Now, I want to make sure that no one gets -- Those people who are members of the working group, we're going to pass out a list of the working group, and we'd like for you to circle your name if you're present. We've asked everybody to sign in. And we will be presenting to the working group an official commendation from Mayor Manny Diaz and from the Commission at the close of this. Very briefly, Mr. Chairman, members of the Commission, we are passing out a copy of the interim report of the working group, which looks like this. You've had it before. This working group was a process that involved some 50 -some persons from both the private sector and the public sector. And this working group is bringing forth this process as the concluding part of the working group. It will be our intention today to re -authorize the working group, at least the non-governmental members, who will continue to provide some advice to the District Commissioners and to the Commission and Mayor, when requested, at the conclusion of this. Today's process, there will be a series of three or four resolutions or motions for the Commission's discussion directly related to this, as we promised when they made the interim report in October. And I know that Mayor Diaz has expressed a lot of interest in this, and there may be some chance he may stop by on this, Mr. Chairman. What we'd like to do is ask one of the members of the working group who was assigned by the Manager, Mr, Nunez, if he would come forth and introduce the American Society of Landscape Architects, for the purpose of providing an overview of the four concepts. We intentionally, Mr. Manager and Mr. Chairman, did not try to consolidate this as one plan, because at the end of the day, what we'd like to do is ask that the Planning Director and the lead developer, working through the working group, bring forth to this Commission, hopefully within the next 120 to ISO days, sort of a consensus of a plan, I should make one other very important observation. Working in parallel with the working group is an effort to understand and provide some rationalization for the Florida East Coast Railway track, which runs the entire length -- that is the 196 December 13, 2001 • north/south length of this -- of all four of these plans. And Commissioner Winton is leading that task force. That task force is coming in with some recommendations that very well dovetail. In fact, I think I accused him of letting Ringo Cayard have some -- write the final report of his recommendation, because one of the things he's pushing very hard is a marketplace concept, a market concept within this area. And so he assured me, Ringo that you didn't write the report, but it just shows that great minds, I guess, run alike. In that regard, there are a lot of people who have got to review this and bless this. And the purpose today is to thank the American Society of Landscape Architects, which took this project on as a statewide project, and architects, landscape architects from all over the state came to the Little Haiti area and participated in this planning process. So Mr. Nunez, who is a City employee, thank you very much. And you can introduce your team. Enrique Nunez (Landscape Architect, Planning & Zoning): Well, first of all, my name is Enrique Nunez. I'm a landscape architect with the City of Miami Department of Planning and Zoning, and also with the Department of Real Estate and Economic Development. First of all, I would like to introduce my colleague, Mr. Jeremy Earle. He is the chair of the Miami- Dade/Monroe Chapter of the American Society of Landscape Architects, and he wants to share some words. Jeremy Earle: Good evening, Commissioners, guests. My name is Jeremy Earle. As Enrique just said, I'm the chair of the Miami-Dade/Monroe County Section of the American Society of Landscape Architects. And I bring you greetings from the profession, from the State Chapter. It was our pleasure to have done this design workshop, working in conjunction with the Little Haiti Working Group, who's been working on this project for many months. We came in at an opportune time in the process, when they had been working through the different issues, and the different committees had been coming back with different recommendations for the program, for the programmatic elements and so forth. And we came in at a time when we were also looking, as landscape architects, to educate the public about what we do. We wanted to basically give back our services to the community for a design workshop, and we were able to pull together a fantastic team of landscape architects, and architects who are -- some of which are here in this room. I'd like to recognize them, if they'd just raise their hands real quick. Thank you. Commissioner Teele: Excuse me. Could we ask the Clerk to get the names of those persons? Would you raise your hands again, separately? And this is the list of the American Society of Landscape Architects that are present. Mr. Earle: Yes, sir. Commissioner Teele: Mr, Clerk, could you -- could you all just make sure that everybody that's on that list that's here, we get your name, please? Mr. Earle: As well as some architects -- architect friends, as well. Commissioner Teele: And the persons who participated in that charette. 197 December 13, 2001 0 0 Mr. Earle: Thank you, As I said, we can in at an opportune time. We wanted to give back our professional expertise back to the community, And in working with members of the City of Miami Planning Department, such as Gregory Gay and Enrique Nunez, we were able to basically, you know, come on board with this project. It's a fantastic project. As Commissioner Teele says, it's a full service, first class park for the City of Miami. It is a 50 -acre park that has (inaudible) issues that we find so relevant to our profession. You know, one of the things that we find are people will hear landscape architects and they will say, you know, you guys only plant trees. Well, we do so much more than that. And this park was a way to highlight some of the skills. We are park designers. We are urban designers. We understand your transportation issues. We are able to master -plan whole communities, and understand the cultural significance, the social significance of each of these projects, which is why this particular project was, you know, really is fantastic to us. And working with the Little Haiti Working Group was an honor for us. They are very hard working members who, you know, who have given of their time to see this project through. Enrique is going to come and he's going to present the four concepts that we came up with on October 201h for the design workshop. Usually, we had -- we were working towards one concept. But each group brought together so many fantastic ideas that we just could not limit it to just one concept. So what you see here (inaudible) what he will show you will be the four concepts that came from the community. Each of these boards, you know, as you can see them, are very rough. Again, these are the very same drawings that came from each of those four groups on that day. Every single one of their ideas are represented here. And nothing, nothing at all has been changed. And without further ado, I'm going to ask Enrique to come and present the four concepts, Thank you very much. Mr. Nunez: Again, on behalf of the landscape architects and other design workshop participants, on October 20, 2001, the American Society of Landscape Architects was proud to sponsor the design workshop, in collaboration with Commissioner Teele and his staff, and to contribute to the process of creating a first class full service park in Little Haiti. I'm going to go to the study area map. I'd like to show you the park study area. This area was has the boundaries that are defined by Northeast 2" d Avenue to the west. We have -- OK. 2nd Avenue to the west. It has the FEC (Florida East Coast) Corridor to the east. The Iimits to the north are Northeast 67th Street, and to the south is 59th Street. The park study area is divided by the Northeast 62'd Street right- of-way, which posed design challenges that will be addressed during the review of the conceptual plans. The park study area has significant natural features, such as the hardwood hammocks and historical structures, such as the Magic City Trailer Park Cottages. Now, I'd like to show you the Parks component list. The Little Haiti Working Group Components Committee prepared the Parks components list, which was used as the program that guided the aerial (inaudible) workshop. As you see, there were requirements or desires for a lighted soccer stadium with 400 -meter track. There's a need for giving courts for basketball, tennis and volleyball and such. Soccer, football and baseball fields were required, and the idea of a multi- purpose meadow field was also required. Various trails and vita courses, bicycle and walking paths, playgrounds, swimming pool, wet playground, passive areas for picnics, environmental education areas and the natural hammock areas. A butterfly garden may be occurring from those hammock areas. Recreation center with gymnasium, and a dominos center, and, of course, parking to satisfy all of those uses. At this point, I'd like to start explaining the first concept, the conceptual plan from Team Number 1, which is over here. The images are also reflected. Team 1 chose the radial alignment of Northeast 62nd Street in order to create a curvilinear boulevard 198 December 13, 2001 with traffic calming devices. The areas to the north and south of 62nd Street were bermed or raised, in order to access a pedestrian overpass, which in turn created staging areas to the soccer stadium and play fields to the north, and the amphitheater, courts, community buildings, lake and passive areas to the south of 62"d Street. Team 1 also provided for future commercial along 2"d Avenue north of 62nd Street. Now, Team 2. Team 2 -- if we may have -- we're going to have some images towards the end of the presentation which are going to show some of the actual working group members in action. Team 2 proposed gateways at the intersections of 62'd Street and 2nd Avenue by the FEC intersection. They also proposed changing the radial alignment of 62"d Street, incorporating traffic calming devices. Pedestrian crossings were created at grade with park site design entry points in the form of plazas and gathering spaces with art sculptures. Now, although the three other team concepts utilized the entire park study area, this team chose not to encroach upon the warehouses and businesses north of 65th Street. So you a note to avoid -- somewhat step back the limits of the park area. All right. Beam me up, Scotty. OK. Now, let's go to Team 3 here. Similar to Teams I and 2, they also changed the radial alignment of 62"d Street. And like Team 1, they bermed the areas north and south of 62"d Street in order to allow the construction of a pedestrian overpass. That occurs in these areas here. These areas were bermed. Chairman Regalado: Excuse me. Mr. Nunez; Yeah. Chairman Regalado: Commissioner Teele, I've got to interrupt you, because we have a problem outside in the parking lot. There is a person that is blocking someone, and probably, that car could be towed. It's a purple Altima that is parked behind disability parking, and someone needs to leave right away. Commissioner Teele: A purple what? Chairman Regalado: Altima. Yeah. It's -- Commissioner Teele: Who's got a purple car? Chairman Regalado: I don't know. I don't know. It's got to be only one person with a purple car. But if anybody here, just make sure that no one -- because the police is going to come and tow the car. And it would be an inconvenience. Go ahead, sir. I'm sorry. Mr. Nunez: OK. Continuing with Team 3's solution. The existing Magic City Cottages were preserved and clustered as an art village amidst the grouping of other community buildings. And that occurs in this area here. This is the clustering of the cottages with the community buildings. Environmental areas were accentuated with the enhancement of the existing hardwood hammocks. And all of the solutions, all of the four solutions incorporate the creation of lakes for passive water -oriented recreational opportunities. You will notice that all four solutions incorporated lakes or the opportunity to came to the water's edge. Now, let's take a look at Team 4. Team 4 worked with the existing 62nd Street alignment, where it goes one-way cast and one-way west. They decided to group the government type buildings in the center of this 199 December 13, 2001 alignment with the appropriate parking. Team 4 emphasized gateway structures or trolleys at the intersections of 62" Street and the FEC intersection. And they also incorporated what they wanted as a tower feature, a visual element amidst the government type buildings. Not only did they want to include this tower on it, they were also looking at the possibility of a light rail trolley station along the FEC Corridor perimeter. The 2„d Avenue park area is emphasized with cultural mixed-use buildings along here. And the active recreation facilities are clustered north of 62"d Street in the meadow, and the passive recreation opportunities occur south of the 62'd Street alignment. Well, that pretty much concludes the summary of the four conceptual plans, and I would like to close with a few images of the participants and individual team members at work during the Little Haiti Park Design Workshop, which was held on October 20"'. Well, at this point, we would like to come back to Commissioner Teele, and on behalf on the American Society of Landscape Architects and your humble servant here, we want to thank you. (APPLAUSE) Commissioner Teele; Thank you very much. And I think it's clear you were wearing two hats, both as a City employee, who I can report to the Manager, you attended all of the working group meetings, including the ones on Saturdays, and also as a professional landscape architect. And you certainly have done this community well by galvanizing and getting the interest of the state association. And we had people to come from as far as Tampa, and Orlando and around the state to participate in this, and we're very grateful. And we'd like to honor each of those persons with an award or a commendation today. One of the things, Commissioners that I think is extremely unique or should be noted, and that is, unlike any other park in my district, this proposed park contains soccer fields. And I think it's reflective of the unique culture that's in this community. We heard presentations earlier today. In fact, one or two of the proposals even proposed as many as four soccer fields, which could very well be consistent with one of the very important things of our Mayor, which is one City, one future, that soccer, Chip -- Chip's around -- could very well be used as a catalyst to bring communities together, People will come from all over this community to go to a first class soccer field, without regard to whether it's a Nicaraguan community, or a Venezuelan community, Brazilian, or Haitian or Jamaican. And I think that one of the tremendous opportunities that we have is to begin a major soccer component here. The other point regarding that is, while I had always thought the soccer would be at a different location, each of the four groups recommended that the soccer stadium be in the extreme northeast corner. That is right -- the eastern side of each of these is where the railroad track runs, is the point. And each of them recommended the northeast corner or quadrant as the soccer component of this facility. I think there are a number of innovations, including amphitheaters and other things. But I think the consistent point here is that we have a plan or a series of plans that has much more commonality than it does differences, water features, et cetera. In this regard, the working group made several recommendations to this Commission in September, which we acceded to and directed. The most important recommendation that they made was that the Commission go forward with a -- the concept of a lead developer. And I want to just touch upon that, because this is a subject of one of the matters tonight. The lead developer, in accordance with the committee recommendation -- Jim, who chaired that committee? You? This may be a good time to introduce Jim Keane, who's the Co -Chairman of the overall working group, and the Chairman of the -- what was it? Finance Committee? 200 December 13, 2001 Jim Keane: Finance and Partnership, that's correct. Commissioner Teele: Finance and Partnership Committee. The working group was mindful of the fact that the City does not have a lot of money to operate programs. And so one of the things that the working group under Jim Keane recommended was that there be a partner to not only run programs, but to help us get the park up and operational. And, Jim, you might just, by memory, run through some of those recommendations that came from the working group as it relates to what a partner, an ideal partner would do. Mr. Keane: An ideal partner was someone that was already established in the community, and was well represented by all parts of the community. It was someone that was a 501(c)(3), and had the ability to apply for and receive grants, because we need outside funding coming into this project. I believe partner also had to have an extensive track record. They had to be successful at what they were doing. We set a requirement of five years experience, although there are a lot of great people just starting programs. This is too big a project to start with someone that was j their first time out. So our primary responsibility was that they shared the values of the community, that it's a very strong family value community that were able to build families. They had to share that quality; be a not-for-profit, so that they could obtain funding outside of the City. They could go to the national and state level, and private sector. And that was basically our recommendation. Commissioner Teele: Pursuant to that recommendation, this Commission instructed the Manager in September to issue immediately a request for proposals or a request for letters of interest. That was done under the auspices of the very fine Economic Development Office that was on a high at that point in time from just successfully completing the Watson Island process. And Ms. Weintraub, would you just report to the Commission very briefly how that process went. Arleen Weintraub (Acting Director, Real Estate & Economic Development): Yes, Commissioner. Arleen Weintraub, Acting Director of the Department of Real Estate and Economic Development. As instructed by this Commission, we did issue a Request for Qualifications, looking for the sorts of things that Mr. Keane just went through. On the day of the deadline, we received one proposal by the time deadline from the YMCA (Young Men's Christian Association). We then conducted a selection process. You also served as the Chairman of that, I understand. And that committee has forwarded its recommendations to the City Manager. The City Manager then forwarded his recommendation to this Commission, which is accepting the proposal from the YMCA, and authorizing the City Manager to begin some negotiations, and bring back the contract for your consideration, we hope, in February 2002. Commissioner Teele: This may be an excellent point for us to take about a three minute break, in that we don't have a quorum, and to organize with the working group. And since we will take this break, I would like to at least present, for the purpose of the public, and ask him if he would just come forward, since we're not having a Commission meeting at this moment, the Director of Public Libraries for the entire Miami-Dade County, Mr. Santiago. Mr. Raymond Santiago. And again, I just would like to say since Commissioner Millan is in the public, that Mr. Santiago 201 December 13, 2001 came to each and every meeting, and his staff. He was not only a participant, but he was a very positive and cooperative participant. And Mr. Santiago, we're honored to have you here as the Director of all of the Dade County libraries, including the ones in the City. And we appreciate very much your involvement. Raymond Santiago: Thank you, Commissioner. It never hurts to have good words said in front of one of my bosses, even though she claims she's here as a private citizen. But, no, again, this was a very exciting process for us, and certainly for our staff, as we worked through this process, and really exciting working with the community and getting their input into a process of designing and looking at where we're going to relocate libraries and getting them fully involved in this. So I thank you for the opportunity. Commissioner Teele: The Chair notes -- the presiding officer notes the presence of the quorum with the Chairman back in, so we'll continue. But thank you, Mr. Santiago. In that regard, .Tim, the -- I'm sorry -- the Director. The Manager has formulated a recommendation, and the committee, I think, involved and required the inclusion of at least a majority of the working group members to review the proposal. Mr. Keane, I understand you chaired the committee review on yesterday? Mr. Keane: Yes, that's true, Commissioner. Commissioner Teele: And would you like to report to the Commission the working group -- I mean the Manager's Review Committee's recommendation? Mr. Keane: I would be pleased to. I'm very pleased to stand here today as the Chairman of the Selection Committee. We had a very good committee and a very lively discussion. The first thing that we did was accept the YMCA's proposal of being substantial and being acceptable to the terms of the Request for Proposals. We had some conditions that we came across when scoring it. We would like the City, prior to negotiation, to sufficiently detail the scope of the project. The submission was in a bullet formation, whereas the request required much more detailed information. So we noted that, and the score reflected that, that there were some problems with the scope of work, and that needed to be worked out. However, in no way that diminished our confidence in their ability to handle the project. There just needed to be some negotiation. Another issue was, we would like the YMCA to actively recruit from the community for all levels of staffing at the new facility from administrative support, all portions be represented by members from the community. And a final consideration was that as opportunities for board membership on the "Y" board become available that they recruit in the Little Haiti area, so that our neighborhoods have a representation on the board of the "Y." We would also like to see the "Y," when selecting junior partners, if you will, to give first consideration to anyone in the neighborhood, in the community, that has the experience and the expertise to come forward and help the project go forward. But again, they must be a qualified partner. Being in the neighborhood is not enough to grant you an in. You have to be a qualified partner, and have the same sort of track record that we've required of the "Y." And the project was endorsed unanimously by the committee, and forwarded to the City Manager. And as we heard, he's forwarded it to you. So I think the -- 202 December 13, 2001 0 • Commissioner Teele: It would be our intentions or my intentions that when the Chairman regains the floor to make a motion regarding that. But I want to make one thing very clear to the Commission and the public. The recommendations from the working group or the lead developer were several fold. First and foremost, there's sort of this, believe it or not, this whisper that goes on any time government takes on a project. It ain't going to happen, it'll never happen, not in my lifetime. Vice Chairman Winton: Well, particularly in the City of Miami. It has a long history of that. Commissioner Teele: And one of the things that we thought that we might be able to do is find a 501(c)(3) that has the need right now to go forward with some component of Park related activities. It's another variation of what we've been doing in other parks where we go out and we seek someone to help us operate. In this case, the recommendation of the working group was we would carve out some acreage -- one acre, two acres, three acres for the lead developer to build their own facility. In other words, the thing that we've got to agree on is what the master plan or what the overall plan is going to look like. And then we're going to let the lead developer carve out some area and build a facility. So they don't have to do anything but get permits. They don't have to go out with a competitive bid. They don't have to do this; they don't have to do that. And so the idea was we're looking to our lead developer -- partner, if we approve it -- to come to the table with money to build something right away, and to start program activities. In the long term, we're looking to work with the lead developer in ways of reducing our cost, much as we've done with other developers -- Shake -A -Leg and others -- that can operate components. This park will be a City park, and the main activities will be operated through the Parks Department. But we are going to have a public/private partnership. That's very important. The second thing is the reason we keep calling this a full service park is one of the strong recommendations contained in the report is that we don't just want a first class park. That means -- "first class" means that it's got all the stuff you see. But we want a full service park, the community does. What's a full service park versus a mere naked park? Well, a library would be a good start. In other words, putting a library and providing space in this park for a library. And the Library Department and the County Manager's Office are supportive of consolidating some other libraries that exist into this park. And I think that's a fair statement, that the Director of Libraries is prepared to support us, consistent with our interlocal agreements that we have that go back into the `60s with the County. So one of the things that is being called for in this park is that a library footprint be there, and that the City work with the County in doing this. Another area is the NET (Neighborhood Enhancement Team) Office and certain governmental offices. There was a strong recommendation that the NET Office be included as a part of this park. And it's one of those things that I queried the Manager on today. Can we build a first class NET Office in this park? And the Manager said, yes. One of the prime needs in the Little River/Little Haiti area is the lack of space for community organizations to meet. The County is responsible for providing this through their office of -- what's Dean Taylor's office? -- Neighborhood Resource -- Neighborhood Service Centers, see. Like the Caleb Center, like the Culmer Center in Overtown. The County representative, Mr. Taylor, testified that they would strongly support it. There is a need, but they don't have the money. So we'll have to work in that. But that would be like the Caleb Center, or like the Culmer Center that we have, which is a County facility, and we want to reserve that in the park. And finally, in this regard, the County has passed a resolution offering the City some three hundred and fifty thousand dollars 203 December 13, 2001 ($350,000) to build a culture component, and to convert the Caribbean Marketplace. We would be proposing today that the City accept that proffer from the County. The money has already been appropriated, by the way. And that we move as a joint project to convert the existing Caribbean Marketplace, which is contained in the very southern/western footprint of the park, as a culture component. So when you talk about full service, you're talking about culture, you're talking about libraries, you're talking about City and County facilities, as well as a partner that will be there, which gets you to the full flavor of a first class full service park. And so in that regard, we would be recommending that today as a part of the motions that the City accept the agreement, but move forward with defining the project more concretely, because we believe that the project is going to be closer to a one million dollar ($1,000,000) project, which means the County is going to have to come up with more money from the culture than a six hundred thousand dollar ($600,000) project. In a word, Mr. Chairman and members of the community, this process is now before us in reality, because of the tremendous support of all of the City of Miami and all of the residents of the City of Miami for our bond issue, the two hundred and fifty- five million dollar ($255,000,000) bond issue. If that bond issue had not passed, I dare say that the vast majority of us would not be sitting in this room today. Is that right? So. (APPLAUSE) Commissioner Teele: And so we have a commitment to maintain, to move this process forward. We're going to be looking at ways to loan and to create money opportunities. And so, Mr. Chairman, I would like to yield to Mr. Keane or any other member of the working group that would like to make any point that has not been made on the presentation that we called for, and then I would like to be recognized at the appropriate time. Mr. Keane: Commissioner, there's just one statement in the "Y's" proposal that I think is very important, and it's something that was -- we want to make sure is on the record and everyone understands. It was demonstrating their commitment to partnership. The YMCA's commitment to provide programs that build strong kids, strong families and strong communities includes the promise never to turn anyone away due to their inability to pay for programs. So it was that type of commitment that we felt very strongly that we-- this was the type of partner we wanted to work with and we wanted to recommend. Also, Commissioner, I am pleased to serve as your appointee to the Code Enforcement Board. We're meeting simultaneously across the parking lot. If you have no further questions, I'm going to go back to that meeting. Anything for me? Vice Chairman Winton: I would like to say to Jim, to the whole committee that this -- this is the first time I've seen this. And I got to tell you; I think you all have done one heck of a job here. This is exactly the kind of thing that makes -- that's going to make our City great and proud. And my congratulation, and hats off to all of you. And I can hardly wait to the day we can step in that park and everybody enjoy it. So congratulations on the hard work. And thank you for the hard work. Mr. Keane: We're all looking forward to that day. Thanks, Commissioner. (APPLAUSE) 204 December 13, 2001 • Commissioner Teele: Mr. Chairman, one of the things that -- the Mayor met with me the day after the election, and he said that he wanted to make very clear that he wanted us to be about neighborhoods. And the thing that he's heard so much about is this Little Haiti Park. This is the first time, I think; the Mayor has actually come to the dais to really sit with us as a Commission. I mean, he's come for the proclamations. But I think it's symbolic that the Mayor has joined us for the first time, really, in deliberations on the Little Haiti Park. And I would ask us to salute our Mayor, Manny Diaz. (APPLAUSE) Commissioner Teele: And Mr. Mayor, we just had some presentations. We're not going to make a conclusion on these four, but what we're going to try to do is get the lead developer involved to make some final recommendations. Those recommendations will go to the Planning Department. The Planning Department and the lead developer will then make a presentation to the Little Haiti Working Group. And the Little Haiti Working Group and -the City Planning Department will come back to us with a final single recommendation. We hope that can be accomplished within 120 to 180 days, realistically. We've got a lot of surveys to do and ways to look at it. But I am honored, Mr. Mayor, that you've taken the time from your very busy schedule to join us in this deliberation. Mayor Diaz: And Commissioner, I congratulate you for your leadership in this area, because this really has been your dream. And as the Chairman said a little while ago, this is the biggest park project the City has undertaken in quite some time. And I'm very excited about it. And all full speed ahead. Let's get it done. (APPLAUSE) Hattie Willis: My name is Hattie Willis, and I'm the President of Communities United. And I just wanted to stand up and take it upon myself to say this, from all of the working group. Everybody has thanked us, but I want to thank the Commissioner. And I want you to know that we have one of the best Commissioners -- I have to say that -- for him to lead the initiative to get us together and organize this. So without him, it wouldn't have happened, To take the forward lead to say that he's going to make this happen, and he's been saying it for the last three years that he was going to make it happen. So we know it will happen. And I also want to thank Commissioner Winton, because for the first time, someone has sat in that seat and said that the City of Miami is a whole, and it's not a half or a piece. And he's been working with us on the other side of the track to make our community better. And we appreciate all of the wonderful things that he's helped the Commissioner do, as well. So we want to thank you guys, as well. (APPLAUSE) Commissioner Teele: Mr. Mayor, with your indulgence, what we'd like to do is just pause and bring up the American Society of Landscape Architects, and those persons who are a part of the professional team that came from all over the state. About eight or ten of them are here. If you all would join us on the dais, we'd like to take a picture with you, and the Mayor and the 205 December 13, 2001 0 • Commission. And we'd like to give you a commendation from our Mayor, who's taken a lot of time to sign these commendations. You want to call the names of the ones that are here? Chelsa Arscott: Marie Sanon. Commissioner Teele: Marie, Marie, come right up here. Ms. Arscott: Sean Turnquest, Roberta Marton, Ken Gardner, Bruno Carvalho, Steve Lefton, Jeremy Earle and Scott Mingonet. Commissioner Teele: You're missing one. Enrique Nunez. He's with the City. Ms. Arscott: And also Enrique Nunez. Commissioner Teele: Let's give them all a hand. (APPLAUSE) Commissioner Teele: All right. We're going to have to move this very quickly. Now, this is for the working group members that are here. Now, if somebody's name is not called, we've got you covered. Representative of Congresswoman Meek, Representative of Congresswoman Meek. Cynthia Blanc, Sam Diller, Nadine Patrice, Georges William, (inaudible) Carline. Barbara Hardemon, Derrick Williams, Ms. Hattie Willis, Leonie. I saw Leonie. Where's Leonie? Billy Hardemon, Roy Hardemon, Sandra Merot, Leslie Jean Jacques, Don Luis Penelas, Clifford Richard, Gerald Estemin, Thomas Franklin. If you'd come up when your name is called, we can -- Angel, David Chiverton, Jim Keane, Michel Lubin, Gepsic, Jan Mapou, Alex Morgan, Nino Tillman, Hans Ottinot, Derrick -- Chelsa? Where is Ringo? Ringo Cayard. Roots and Culture. Did we -- Stanley Alexis. Ms. Hattie, why don't we get you right next to the Mayor as one of the Co -Chairs, and the representative of Congresswoman Meek. The representative of Congresswoman Meek and Ms. Willis. Are there any other members of the working group that names weren't called? Please come up and make sure, make sure that you let -- oh, yeah, of course. Ms. Arscott: Cliff Richard. Cliff here? Cliff? Commissioner Teele: Susan? Where is Susan? Ms. Arscott: Is Cynthia here? Cynthia Blanc. Leonie Hermantin. Gerald Etien. Gerald Etien. Thomas G. Franklin? Are you out here? Commissioner Teele: We're going to take a photo with them. Ms. Arscott: Jean Cain. Frantz Rocount. Frantz Rocount? Commissioner Teele: Let's take the photo and then we'll sort it out. And finally, we'd like to ask the governmental employees, Where is Santiago? Where's the Parks? 206 December 13, 2001 • Ms. Arscott: Alex Morgan. Commissioner Teele: Where are they? OK. Ana Gelabert, Terry Griffin, Albert Ruder, Sylvia Schneider (sic), Maria, Anna -- Maria Quierna, Anna Rojas, Niko Grant, Regina Romero, Lisette Lopez, Chantel Oriental, Adam Burton, Alan Poms, Mr. Avino, and Alex Vilarello. Mr. Mayor, I'd also like to report to the Commission that the Clerk of the City, the City Attorney, and particularly the office that maintains our equipment, the Communications Office came to all of those meetings on the afternoon, on Saturdays. And we have a great Communications staff, the people who work behind the scenes, because everything was recorded. All of the proceedings were recorded, and we have separate proclamations and commendations for each of them. And I'd ask you to give support, not only to them, but to the -- was it BFW? American Legion? The American Legion that made the facility available to all of us. Thank you very much. (APPLAUSE) Cynthia Stafford: Congresswoman wanted me to say a few words. Commissioner Teele: You want to make a statement? Ms. Stafford: Yes. Commissioner Teele: Please. Ms. Stafford: Thank you. Commissioner Teele: Go right ahead. Ms. Stafford: OK. Commissioner Teele: Go right ahead, ma'am. Ms. Stafford: Thank you. Commissioner TeeIe, members of the Commission and Mayor Diaz, my name is Cynthia Stafford, and I'm here today on behalf of Congresswoman Carrie Meek. Unfortunately, she is unable to join us today, as Congress is still in session. She's feeling better and sends her regards. Congresswoman wanted me to say congratulations to all of you, and thank you, Commissioner Arthur Teele, City Commission, Mayor Diaz and the entire City of Miami for initiating this project. She is truly glad to see this effort move closer to completion. The Little Haiti Park Project is much needed, and will definitely benefit the community. As a former recreation professional, the Congresswoman ran track, she played basketball, was a swimmer and a coach. She knows and believes that parks are centers of positive opportunity that can touch all ages, and enhance the quality of life for an entire community. Again, I say congratulations on behalf of Congresswoman Meek and Godspeed ahead. Thank you. (APPLAUSE) 207 December 13, 2001 Mr. Mayor and Mr. Chairman, I would like to be recognized for the purpose of making a motion regarding the lead developer, and I think this is the matter that our colleague from the County is here on. Chairman Regalado: Commissioner Teele is recognized by the Chair to make a motion. Go ahead, Commissioner. Commissioner Teele: Thank you. This is contained as Item Number 4, Little Haiti, Motion Number 4. A resolution in the City of Miami Commission approving the recommendations of the City Manager to accept the submittal of the YMCA of Greater Miami to the Request for Qualifications for a lead partner/developer for the first class park in Little Haiti, and further instructing the administration to negotiate and come back with an agreement in an acceptable form to the City Attorney for this purpose by the second Commission meeting in January, and further requesting the Manager as a part of the agreement to consider advancing the funds for the first class park in the amount of one hundred thousand dollars ($100,000) for expediting the planning process for the lead developer, to be repaid by eligible and approved Safe Neighborhood Bond -- Park Bond proceeds which have already been made eligible to the City. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second. All in favor -- Commissioner Teele: Mr. Chairman, I would like to just yield to the Chairman -- to the President of the "Y," just for a moment, so he could put his name and information on the record and introduce -- Chairman Regalado: Oh, absolutely. Commissioner Teele: -- our colleague, if he would, or however he would like to proceed. Chairman Regalado: Go ahead, sir. John Turner: I'm John Turner. I'm the President/CEO (Chief Executive Officer) of the "Y." I'm really delighted with this. We're very excited. We've been working with the Commissioner for a number of months. We have -- our staff, and our board, and we're just very excited about the project. We look forward to talking with you. Chairman Regalado: Thank you, sir. Commissioner Seijas. Miami -Dade County Commissioner Natasha Seijas. Commissioner Natasha Seijas (Commissioner, Miami -Dade County): I'm here wearing a wonderful hat today. Chairman Regalado: YMCA. 208 December 13, 2001 0 Commissioner Scijas: I'm wearing my hat as Vice President of the YMCA. Congratulations, Mr. Mayor. It is good to see you there. Congratulations, Mr. Gonzalez. I have not had the pleasure of meeting you, but as my other hat gets worn sometimes, I would imagine we will cross paths. Commissioner Gonzalez; Thank you. Commissioner Seijas: Hopefully, positive and appropriate ones. But I want to thank each and everyone for everyone that has made a comment that is appropriate to this environment and to these people. I think the Haitian community has really shown their value, their participation, and certainly, their integrity. And the fact that the YMCA can participate in bringing a better quality of life to that area and to the total part of the City of Miami is an honor to me. As Vice President and as a member of another city, the City of Hialeah, we're glad that you have this, and we're glad we're part of it. Thank you so very much. Commissioner Sanchez: Here, here. Commissioner Tecle: Here, here. Here, here. Chairman Regalado: Thank you. Commissioner, we are ready to vote? Commissioner Teele: On that motion, yes, sir. Chairman Regalado: OK. Commissioner Teele: I'd just like to ask the Manager if he understands the motion. And I know that the group met, and I want to commend you for moving consistent with our request to have it here by this meeting. And I particularly want to commend your Economic Development staff, Ms. Weintraub, and Dianne and all of those folks who worked with all of the various departments to bring this matter, and to ensure that the community representatives of the working group were a majority of the committee that reviewed the plan. And I want to publicly acknowledge how responsive you were on this. Carlos Gimenez (City Manager): Thank you, sir. And, yes, I do understand the resolution. Commissioner Teele: All right. Call the question, Mr. Chairman. Chairman Regalado: Yes. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It's unanimous. 209 December 13, 2001 0 0 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-1323 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE RECOMMENDATION OF THE CITY MANAGER TO ACCEPT THE SOLE SUBMITTAL, FROM THE YMCA OF GREATER MIAMI, INC., TO THE REQUEST FOR QUALIFICATIONS (RFQ) FOR A LEAD PARTNER/DEVELOPER FOR THE FIRST CLASS PARK IN LITTLE HAITI, FURTHER INSTRUCTING THE ADMINISTRATION TO NEGOTIATE AND COME BACK WITH AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE BY THE SECOND COMMISSION MEETING IN JANUARY 2002 AND FURTHER REQUESTING THAT THE CITY MANAGER ADVANCE MONIES FOR THE FIRST CLASS PARK IN LITTLE HAITI IN THE AMOUNT OF $100,000.00 FOR EXPEDITING THE PLANNING PROCESS TO THE LEAD DEVELOPER TO BE REPAID BY ELIGIBLE AND APPROVED SAFE NEIGHBORHOOD PARKS BOND PROCEEDS. (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: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: Commissioner, you have another motion? Commissioner Teele: Yes, sir. While the Commissioner is here in her private hat, maybe we can get her to put on her official hat, because what I'd like to do is move a resolution relating to the County, and that is the resolution -- I think that's Number 3? Chairman Regalado: Number 2. Commissioner Sanchez: Number 2. Chairman Regalado: Number 2. 210 December 13, 2001 0 • Commissioner Teele: Number 2? Chairman Regalado: Yes, sir. Commissioner Teele: And that is a resolution of the City to instruct the Manager to accept the grant agreement proffered by Miami -Dade County for the conversion of the Caribbean Marketplace as the culture component, black box theater, dance studio, of the first class park in Little Haiti, on the condition of the basis of 50150 matching funds, including the retrofitting, parking and other amenities and improvements to the subject property; and further instructing the City Manager to negotiate a joint management agreement between the City and Miami -Dade County regarding the use of this Caribbean Marketplace, the converted Caribbean Marketplace. And third, to consider a change order with the State of Florida contract with regards to ongoing projects to accommodate pre -construction services and construction services by the state for the purpose of the Caribbean Marketplace conversion. And finally, 4, to further expedite the acquisition proceedings of necessary land to accommodate the request by the County, pursuant to County Resolution R598-99, provided that no commercial establishments abutting Northeast 2"d Avenue are included in this requested area. And essentially, in just plain language, the County passed a resolution as a part of the Performing Arts Culture Bond proceeds earmarked three hundred and fifty thousand dollars ($350,000) for the conversion of our facility, the Caribbean Marketplace, to a culture facility. The preliminary estimates are that the actual conversion could very well be somewhere closer to one point five to two million dollars ($2,000,000) with the amenities that are necessary -- the parking, the other issues that are required. And so what we're asking you to do is to take the money, the three -fifty, please, and negotiate an agreement where they'll come up with the rest of the money on a 50150 match, based upon that. And this is also something very strongly endorsed by the working group, because the unique culture of the Haitian community not only needs to be preserved, but it needs to be enhanced. And so the County is very, very interested. Michael Springs and his staff attended every meeting, and they're very interested in moving this project forward. And I would so move. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 211 December 13, 2001 0 i The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO, 01-1324 A RESOLUTION OF THE MIAMI CITY COMMISSION INSTRUCTING THE CITY MANAGER TO (1) ACCEPT THE GRANT AGREEMENT WITH MIAMI-DADE COUNTY FOR THE CONVERSION OF THE CARIBBEAN MARKETPLACE AS THE CULTURE COMPONENT (BLACK BOX AND DANCE STUDIO) OF THE FIRST CLASS PARK IN LITTLE HAITI ON THE BASIS OF A "50150" MATCH OF FUNDS, INCLUDING THE RETROFITTING, PARKING, AND OTHER AMENITIES AND IMPROVEMENTS TO THE SUBJECT PROPERTY AND FURTHER (2) INSTRUCTING THE CITY MANAGER TO NEGOTIATE A JOINT MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY FOR THE USE OF THE CARIBBEAN MARKETPLACE AND (3) TO CONSIDER A CHANGE ORDER WITH THE STATE OF FLORIDA CONTRACT WITH REGARDS TO THE ONGOING PROJECTS TO ACCOMMODATE PRE -CONSTRUCTION AND CONSTRUCTION SERVICES BY THE STATE OF FLORIDA FOR THE CARIBBEAN MARKETPLACE CONVERSION AND FURTHER (4) TO EXPEDITE THE ACQUISITION PROCEEDINGS OF THE NECESSARY LAND TO ACCOMMODATE THE REQUEST MADE BY MIAMI-DADE COUNTY PURSUANT TO COUNTY RESOLUTION NO. R-598-99 PROVIDED THAT NO COMMERCIAL ESTABLISHMENTS ABUTTING NORTHEAST 2ND AVENUE ARE INCLUDED IN THIS REQUESTED AREA. (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: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Commissioner Teele: The others are pretty much housekeeping internal to the City. This is a resolution of the City Commission dissolving the current Little Haiti Working Group created under the resolution as amended and further amended, and further reconstituting the Little Haiti Group by including the following clauses: The appointment of all current non-governmental working group members as core members of the reconstituted working group and to provide 212 December 13, 2001 i advice to the District 5 Commissioner, and when requested, to provide advice to the City Manager, the Mayor and City Commission. And 2, making the current governmental departments as ex -officio working group members, with or without a voting right. And 3, to extend the appointment term of the working group members to four years, and further designating the Commissioner of District 5 as the Chair of the working group, and providing for appointments of Co -Chairs as deemed necessary. I would so move. Commissioner Sanchez: Second. Chairman Regalado: There is a motion and a second. All in favor -- Commissioner Teele: Mr. Chairman, the purpose of this motion is to keep the working group, the people that have been working on this project together. Your primary role will be to provide advice to me, as the District Commissioner and when requested, to provide advice to the Mayor and Commission. So, you know, you're advising us. Obviously, what our goal is, is that as the management comes up with final plans, we would like to go back to the working group, to you, and to present what it is the management is prepared to do. But I'm going to vote based upon what I think is right. The other reason is to allow for the lead developers to be able to work with the community in an organized fashion. So the working group, it will continue to be constituted. The non-governmental members will be the core members. The governmental members will be free to come whenever they'd like. And your role is to provide advice to me as the District Commissioner and when requested, to provide advice to the Mayor and Commission on any matter that they may like to say we'd like to hear from a broader group of people. Chairman Regalado: Yes, sir. There is a motion and a second. All in favor signify it by saying "aye." The Commission (Collectively): Aye. Chairman Regalado: The three motions passed. 213 December 13, 2001 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-1325 A RESOLUTION OF THE MIAMI CITY COMMISSION DISSOLVING THE CURRENT LITTLE HAITI PARK WORKING GROUP CREATED UNDER RESOLUTION NO. 01-604, (AMENDED JULY 19, 2001), FURTHER AMENDED JULY 26, 2001 (MOTION 01-830), AND TO RECONSTITUTE THE LITTLE HAITI WORKING GROUP ("WORK GROUP") BY INCLUDING THE FOLLOWING CLAUSES: (1) APPOINTING ALL CURRENT NON-GOVERNMENTAL WORK GROUP MEMBERS AS CORE MEMBERS OF THE RECONSTITUTED WORK GROUP TO PROVIDE ADVICE TO THE DISTRICT 5 COMMISSIONER AND, WHEN REQUESTED, TO THE CITY MANAGER AND CITY COMMISSION; (2) MAKING CURRENT GOVERNMENTAL DEPARTMENT OFFICIALS AS EX -OFFICIO WORK GROUP MEMBERS WITH OR WITHOUT VOTING RIGHTS; (3) EXTENDING THE APPOINTMENT TERM FOR WORK GROUP MEMBERS TO FOUR YEARS; AND (4) DESIGNATING THE COMMISSIONER OF DISTRICT 5 AS THE CHAIRMAN OF THE WORK GROUP AND PROVIDING FOR THE APPOINTMENTS OF CO - CHAIRPERSONS AS DEEMED NECESSARY. (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. Commissioner Angel GonzAlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Commissioner Teele: And the other two, again, are housekeeping. And this one is a resolution of the City of Miami requesting the City Manager to work in conjunction with the Law Department, Asset Management, Community Development, Economic Development, Real Estate, Little Haiti NET and any other department deemed appropriate to: One, conduct a survey of the proposed Little Haiti Park District, and specifically identify around the Caribbean Marketplace to identify comparables, as well as willing property sellers, including the owners of trailer parks within the vicinity; and further instructing the City Manager to put forth an expedited Request for Qualifications for miscellaneous land acquisition firms on behalf of the 214 December 13, 2001 City. And these firms would not be solely for this, but would be miscellaneous for any land acquisition. And this parallels what we discussed in previous meetings. Vice Chairman Winton: Second. Chairman Regalado: There is a motion and a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-1326 A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT THE CITY MANAGER WORK IN CONJUNCTION WITH THE DEPARTMENTS OF LAW, ASSET MANAGEMENT, COMMUNITY DEVELOPMENT, REAL ESTATE AND ECONOMIC DEVELOPMENT, THE LITTLE HAITI NET OFFICE AND ANY OTHER DEPARTMENTS DEEMED APPROPRIATE TO: (1) CONDUCT A SURVEY OF THE PROPOSED LITTLE HAITI PARK DISTRICT SPECIFICALLY FOCUSING AROUND THE CARIBBEAN MARKETPLACE; (2) TO IDENTIFY "COMPARABLES" AS WELL AS WILLING PROPERTY SELLERS (INCLUDING THE OWNERS OF THE TRAILER PARKS) WITHIN THE VICINITY OF THE CARIBBEAN MARKETPLACE AND FURTHER (3) INSTRUCTING THE CITY MANAGER TO PUT FORTH AN EXPEDITED REQUEST FOR QUALIFICATIONS ("RFQ") FOR MISCELLANEOUS LAND ACQUISITION FIRMS ON BEHALF OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Johnny L. Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None 215 December 13, 2001 0 • Commissioner Teele: And the final motion, Mr. Chairman, is perhaps the most important one to the Manager and City staff, and that is the design of the master plan for the park. And let me just say this: We can't do anything to build anything other than the Caribbean Marketplace conversion, because that's on the very end. We can't really do anything until we agree on a master plan. The purpose -- the person and the entity that's going to come up with the master plan is the City Manager. So let's be real clear about who is in charge. The Manager is going to come up with a master plan, and he's going to present it to the Commission through his Planning Department. Before it comes to the Commission, we'll go to the working group, we'll go to the community, we'll have public hearings. But it's going to be the Manager's master plan. The lead developer will present something and will work with them, but at the end of the day, it is the Planning Department and the Manager who are going to come back to this Commission with this. We can't really do anything, other than environmental studies to buy land and do land acquisition until we have a master plan. And if we ever really want to let the lead developer get in and build something, we've got to have at least a master plan in part as to how -- what you can build or what area is. And there are a series of issues. And so this is a resolution of the City -- instructing the City Manager -- Vice Chairman Winton: Commissioner Teele, I just want to understand something that you're saying there about -- about the guy who's ultimately in charge of the master plan. But that doesn't take away at all from the fact that the community is going to help guide the -- you know, set the standards and a lot of the ground rules, and have huge input into what the -- kind of the final design is. And then, then the Manager has got to get all the real work done of that. The real detail associated with the master planning done is going to be done internal to the City. Commissioner Teele: Absolutely. And actually, it's a three -prong process. The lead developer will have an opportunity to come in. And I think they have identified as a part of their proposal a professor from the University of Miami or FI -- where? University of Miami? An architectural expert. They will come in with something. We've got these four plans here, and -- and obviously, the four plans are more reflective of the working group, but everybody in the working group is a full-time citizen doing something else. And so what we're saying is that we want to give the Manager, through his Planning Department the responsibility. And I want to be clear, because obviously, somebody is going to be upset that the swimming pool is being proposed over here and it's not next to my backyard, and, you know, we're going to get into that. Vice Chairman Winton: Until somebody makes the decision. Commissioner Teele: But the Manager is going to come up with the final decision or recommendation to the Commission, and this resolution basically requests and expedites the management process by instructing the City Manager and the Department of Planning and Zoning to develop the alternative design master plan for the first class park in Little Haiti to be located within the proposed park boundaries, pursuant to the resolution, and further directing the Manager to put forth a request for a landscape architectural firm to begin the necessary implementations of the subject master plan in an amount not to exceed seventy-five thousand dollars ($75,000) to come from the appropriate funding source, and subject to being reimbursed by the bond proceeds. And I would request that it be done on an expedited or an emergency basis so that we can get out ahead of everything. 216 December 13, 2001 Vice Chairman Winton: Second the motion. Commissioner Teele, And this is money that goes to the Planning Department, much like we did with the Bicentennial process. And it arms the Planning Department with the resources to be able to have thoughtful discussions, and so everybody is at the table. Chairman Regalado: OK. We have a motion and a second. All in favor signify it by saying "aye." The Commission (Collectively): Aye. Chairman Regalado: It's been approved. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 01-1327 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF PLANNING AND ZONING TO DEVELOP DESIGN ALTERNATIVES TO THE MASTER PLAN FOR THE PROPOSED LITTLE HAITI FIRST CLASS PARK; DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) TO SOLICIT FOR A LANDSCAPE ARCHITECTURAL FIRM TO IMPLEMENT THE MASTER PLAN FOR THE PARK, AT AN AMOUNT NOT TO EXCEED $75,000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Johnny L. Winton, the resolution was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Commissioner Teele: Mr. Chairman, I cannot thank the Manager and his staff, and particularly the members of the working group, the Parks Department, Mr. Avino, the Planning Department, all of the people that have been -- not that Avino, the other -- that have been recognized. But most of all, Mr. Chairman, I want to express my appreciation to Commissioner Winton, who has 217 December 13, 2001 0 • worked with us in the comparable process of the FEC Corridor, in trying to ensure that there are no collisions and conflicts, as well as the entire Commission, including Commissioner Gort, who is not here anymore, in bringing this process in a very logical manner. Something that could very well take years has taken literally one year. And I want to express my appreciation and ask again, a salute to the City Commission, excluding me -- because I couldn't do it if theE e people didn't support me -- for their tremendous support for seeing this park become a reality. Thank you very much. (APPLAUSE) Chairman Regalado: Thank you. Thank you, Commissioner. And I've got to tell you that when you first spoke about the need for a park in Little Haiti, and, you know, it was a very grandiose plan, and I said I support it. But, you know, I thought it was just a dream. And then everything is falling into place. So I guess that it's fate that the Little Haiti Park is going to be built, Vice Chairman Winton: It's leadership. Chairman Regalado: And of course, and of course, the leadership of Commissioner Arthur Teele, who has guided this Commission and the community. And you know, I see the day where Arthur Teele is going to be breaking ground in that -- well, he doesn't like to break ground. But he likes to cut the ribbons. So I'll see the day when he will be cutting the ribbon. 218 December 13, 2001 ■__ 0 Chairman Regalado: We have -- so we have the charter school issue that is coming back. We still have pending the Coconut Grove Art Festival, Johnny. But we're going to do the charter school right now. Vice Chairman Winton: You want to do it, Alex, or -- Chairman Regalado: I don't know. Mr. Manager? Carlos Gimenez (City Manager): Mr. Chairman, you know, we've had some discussions with Mr. Avino, and I think we've come up to a possible resolution, you know, to the issue. We would recommend that we start the process, through the contractor that we have right now, but with the following caveats: That the Charter School Corporation understands that they will proceed, and since they say that they have a very small chance of not getting the charter that they proceed with their construction until a date certain in late January, after which they will either have the charter or they will not have the charter. Now, it could be extended, you know, another 15 days or so, if they miss a date or there's a upcoming School Board meeting. But if they get the charter, then great. Everything moves forward and they build their charter school. Everybody's happy, and we're happy because we really want that charter school there. If they do not get the charter, then one of two things will happen. They can either enter into negotiations, and we'll enter into negotiations with them to see if there is an alternate use for that site and facility. And in speaking with the Police Chief, it's quite possible that since it's early enough in construction that the City would be willing or would want to construct the training facility there, utilizing, you know, basically the same footprint, et cetera, with some modifications. That's a very distinct possibility, and it's something that the City has wanted to do. It's in the bond program as one of those projects that we want to do, is actually construct a police facility. However, if those negotiations do not come to fruition, then basically, the City walks away, the developer walks away and every -- all costs up to that point are the sole responsibility of the developer and not the City. Commissioner Sanchez: OK. Chairman Regalado: OK. Has Commissioner Sanchez been briefed -- Commissioner Sanchez: Mr. Chairman, I was briefed and -- Chairman Regalado: -- and Commissioner Gonzdlez? Commissioner Gonzdlez: No, I haven't been briefed. Mr. Vilarello: I haven't, no, I didn't. 219 December 13, 2001 Commissioner Gonzalez: But basically -- Commissioner Sanchez: Yet. Commissioner Gonzalez: That was basically my concern. So I agree with the new proposition. Chairman Regalado: Go ahead, Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, that was the concern that I had. And after being briefed, the only concern that I had for the City was -- and one of the options that existed -- was that if somehow, the charter school was not built, and then the City would buy what was under construction at that time. I felt that the City was buying something they may not have use for, and therefore, that was a concern. But now, with the agreement that has been brought forth, I'm willing to accept that. Thank you. Mr. Gimenez: One thing we need, you Commissioner Winton, would like to put on the record to give him a little bit of comfort is that, yes, the City is interested in the prospect of building a training facility at that site, and there is a, you know, a good possibility that we would have use for what's already been constructed with modifications, and actually build the training facility there. However, I have to also put you on notice that if that comes to fruition, that kind of moves the training facility up on the schedule. OK? And it makes it one of the priority items, and we would have to, you know, find the funding for it through the bond program, you know, up front, now, rather than later. And so, you know, I want to make sure that everybody understands that. I want to make sure that Mr. Avino understands that. There are no promises here. We will do our best to negotiate that if in the small chance it happens that he does not get the charter. But we expect him to get the charter. We want the charter school there. We'd rather have the charter school there. Vice Chairman Winton: Is there a resolution we need to pass? Mr. Vilarello: It's a resolution authorizing us to proceed under those terms and conditions. I want to bring up -- Commissioner Sanchez: To come to a final agreement and then -- Mr. Vilarello: We'll come to a final agreement and we'll negotiate a final agreement, authorizing the Manager to execute one that contains those terms. We have not worked out the exact language of it. Commissioner Sanchez: OK. Mr. Vilarello: So we're agreeing generally with those conditions. If we can't come to such an agreement, we will bring it back -- Commissioner Sanchez: To the Commission. 220 December 13, 2001 0 0 Mr. Vilarello: -- to the Commission. Commissioner Sanchez: OK. Mr. Vilarello: If we can reach that agreement, the Manager will execute it and we'll proceed. Mr. Avino did want one expression from the City Commission, and that is that in the event that - - and we negotiate contracts, really, for the worst case scenario. In that instance, there's a training facility on that site or some other governmental -- a training facility on that site, something that the Commission is interested in seeing there on the dust bowl site. Vice Chairman Winton: And how do we express that interest? Mr. Vilarello: I think you discuss it. And if it's an appropriate use that you all are contemplating at sometime in the future, I think that's what he's looking to hear. Vice Chairman Winton: Well, I think that everyone here has suggested that that's a very good site. The Police Chief said that's an outstanding site for such a facility. So I -- Commissioner Sanchez: That's the ideal site for such an institution. Vice Chairman Winton: Exactly. So -- Mr. Vilarello: I think, Mr. Avino, that's the best we can give you today. It would be subject to a good faith negotiation. If we can reach that agreement, fine. If not, we -- Mr. Avino: Let's hope that we don't get to that stage. Commissioner Sanchez: Wow. Vice Chairman Winton: So is there a resolution, or just a simple motion? Chairman Regalado: If you would introduce a motion to direct -- Commissioner Sanchez: Motion authorizing the City Manager to continue to negotiate -- Mr. Vilarello: To enter into an agreement -- Commissioner Sanchez: Enter into an agreement. Mr. Vilarello: And executing all necessary documents, subject -- in a form acceptable to the City Attorney, which incorporates all prior directions to the Manager, as well as the directions we've received today. Vice Chairman Winton: So move. 221 December 13, 2001 0 0 Commissioner Sanchez: So move -- second. Chairman Regalado: OK. There is a motion and a second. All in favor signify by saying "aye," The Commission (Collectively): Aye. Chairman Regalado: It passes four/zero. Mr. Avino: Thank you, Chairman Regalado: Thank you. Commissioner Sanchez: Thank you. Commissioner Teele: I want to be recorded as voting "yes." Chairman Regalado: Commissioner Teele wants to be recorded as voting "yes," so, Mr. Avino, it's five to zero. Mr. Avino: Thank you. Chairman Regalado: So we have your support. 222 December 13, 2001 0 The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 01-1328 A MOTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT AND EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WHICH INCORPORATES DEVELOPMENT OF A PROPOSED DOWNTOWN MIAMI CHARTER SCHOOL; FURTHER STIPULATING THAT IF THE DEVELOPER IS NOT AWARDED A CHARTER, THEN THE DEVELOPER CAN ENTER INTO NEGOTIATIONS FOR ALTERNATE USE OF SITE AND FACILITY, PERHAPS FOR A POLICE TRAINING FACILITY, AS DESCRIBED IN THE HOMELAND DEFENSE BOND PROGRAM; FURTHER ACKNOWLEDGING THAT IF NEGOTIATIONS FAIL, ALL COSTS WILL BE THE SOLE RESPONSIBILITY OF DEVELOPER. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzdlez Commissioner Joe Sanchez Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Note for the Record: Although absent during roll call, Commissioner Teele requested of the Clerk to show him in agreement with the motion. 223 December 13, 2001 0 0 Chairman Regalado: OK. We are -- we have to do several things here. CA -24 was pulled and -- a resolution authorizing the City Attorney to establish a qualified bond counsel list. Commissioner Teele, you wanted to say something on this. It was on the consent agenda and it was pulled to discuss it out of the consent agenda. Commissioner Teele: Well, I don't know if the attorney is here. I discussed it with the attorney. What we have is the seven most eligible firms, I think. Chairman Regalado: The City Attorney is here. Commissioner Teele: How many firms are before us now? Alejandro Vilarello (City Attorney): Five. We submitted a request for qualifications. We received approximately seven proposals. We had, by direction of the City Commission, limited the bond firms to the top or to five qualified firms. And I brought forward to you five qualified firms. Commissioner Teele: I would move the adoption of the City Attorney's recommendation. Vice Chairman Winton: Second. Commissioner Teele: And request that the contract for the firms be returned to this meeting -- at the next meeting for approval. And in the process to proffer to each of the firms whether or not they can, without any instructions or any names, without any names, get better utilization of women and other minority firms, as a part of a training process or as a sub -type of relationship. And this is consistent with the way most governments operate. It's certainly consistent with the way we should do it. I am not in favor of set asides. You know that. I've never supported set asides, generally, on these kinds of services, because I think it limits -- but I think we ought to ask Kenny and some of these people if they'd like to try to bring some firms with them, you know, and begin the training process, but voluntarily. If they don't do it, I'm going to vote for them. I'm going to put that on the record right now, But I think they should be encouraged to do that. Mr. Vilarello: Commissioner, could I -- I don't know whether you want to make this part of a separate motion, but there is some preliminary work that we need to get done from bond counsel to get us moving down the road on the bond issue and the refinancing. And I'd like the -- at least to bring you up to -- to let you know that I'd like to retain a firm and I'll bring it back for ratification at a future date. 224 December 13, 2001 Commissioner Teele: That's fine. Mr. Vilarello: It will be one of these firms and it will be for the purpose of preparation. Commissioner Teele: And certainly because of the bond issue and we need bond counsel's opinion on a number of things, like ordinances that I'm talking about. We need to move forward and that would be certainly subject to a ratification, which we would approve. Mr. Vilarello: OK. Chairman Regalado: There is a motion and we need a second. Commissioner Gonzalez: Second. Chairman Regalado: You have a second? OK. There is a motion and a second. All in favor signify it by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-1329 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO ESTABLISH A QUALIFIED BOND COUNSEL LIST TO INCLUDE AKERMAN, SENTERFITT & EIDSON, P.A., BRYANT MILLER AND OLIVE, P.A./ALONSO-POOH, P.A., GREENBERG TRAURIG, P.A., HOGAN & HARTSON, L.L.P. AND SQUIRE, SANDERS & DEMPSEY, L.L.P., THE FIVE (5) FIRMS FROM WHICH LIST THE CITY ATTORNEY SHALL SELECT INDIVIDUAL FIRMS TO REPRESENT THE CITY AS BOND COUNSEL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 225 December 13, 2001 0 0 43, W F R, PAW 0 $I94,924 R � M U Ri�DC01V QQ ' INC,'' () ZNL SE''TIEIVIF1�1 Q ALTS QIT S �Q O. PRQVISION ;QA , T QIT['-Q��Y AxREMEN } 2, ,. .. . .) :. Chairman Regalado: OK. Now we have CA -25. Commissioner Winton wanted this out of the consent agenda. It's the MCI (Microwave Communication Incorporated) payment, a hundred and ninety-four thousand nine hundred twenty-four dollars and thirty-five cents ($194,924.35) from MCI World Communications, and full and complete settlement of any and all claims. I remember reading a memo several months ago from Victor, and it's a lot of money what these people owe the City, more than a hundred and twenty-four or a hundred and ninety-four. Vice Chairman Winton: Yeah. I thought it was 300 and something, wasn't it? Chairman Regalado: A lot. Not only that, but they wanted to pay in minutes the same rate that they were charging us while we -- this has been ongoing for two years or more. I mean, since the famous calls to Cuba. Victor Igwe (Acting Director, Internal Audits and Reviews): Yeah. Commissioner, the total overcharge is for the period 1992 through the year 2000, and that's for a total of four hundred and thirty thousand dollars ($430,000). Commissioner Teele: What? Mr. Igwe: Four hundred and thirty thousand dollars ($430,000). Vice Chairman Winton: Wow. Chairman Regalado: It's not that that they overcharge us. It's that us pay them -- Mr. Igwe: But, however, the overcharge, what they're offering now, which is a hundred and ninety-four thousand dollars ($194,000), is for the overcharge for the contractual period, which is 1992 through 1997. However, we stayed in the contract after 1997 and, therefore, they're not offering to pay us that overcharge from 1997 through the year 2000. Vice Chairman Winton: Wow. Chairman Regalado: OK. I have one question, and you all do whatever you want to do. But do we still have MCI as the provider? Elaine Buza: We're currently have entered into an agreement -- Chairman Regalado: Your name. Ms. Buza: Oh, I'm sorry. Elaine Buza, Telecommunications Administrator. We've currently entered into a contract with Qwest Communications as a result of our formal or rather informal 226 December 13, 2001 0 0 bid process that we went through a few months ago. We're in the process of turning over all the accounts to Qwest. It's kind of a long process. It's going to take about a month or so, but it is in process at the current time. So, we are switching to Qwest Communications. The contract was effective 11-30-2001. Chairman Regalado: How much is the minute now, long distance? Ms. Buza: The interstate rate that we're paying right now is about four cents ($0.04) a minute. Chairman Regalado: Four cents ($0.04). So, you guys have an idea. We're paying four cents ($0.04) now. How much we're paying MC I? Vice Chairman Winton: Thirty-one. Ms. Buza: It was a scale that ranged anywhere from twenty-eight cents ($0.28) to thirty-two cents ($0.32) a minute. Chairman Regalado: OK. Vice Chairman Winton: Mr. City Attorney, do we have any legal recourse to go after the 1997 to 2001 period, where we overpaid -- they overcharged, we overpaid in that period that they're not claiming they owe us anything? Commissioner Sanchez: I don't see why not. The Statute of Limitations. Alejandro Vilarello (City Attorney): Over that period of time we had no contract with them, and we essentially voluntarily agreed to stay with that service. At that time, the service was available at other places for cheaper rates and we did not move in that direction, and that was not because we were bound to that contract, but because we just stayed with them. Vice Chairman Winton: Does this settlement amount represent the full amount that we overpaid during the contract period? Mr. Igwe: Very close. Mr. Vilarello: Of 97 percent, Victor? Is that -- Mr. Igwe: Ninety-nine. Ninety-nine percent. Mr. Vilarello: Ninety-nine. Vice Chairman Winton: Any interest in that? Mr. Igwe: Yeah, that includes interest, right. Vice Chairman Winton: Includes interest? 227 December 13, 2001 Mr, Igwe: Right. Vice Chairman Winton: OK. Mr. Vilarello: OK. And, of course, different from what was originally proposed. It's a cash payment, not a credit against future calls. Vice Chairman Winton: This is a cash payment. Mr. Vilarello: This is a cash payment. And it doesn't obligate us to continue to retain services. Vice Chairman Winton: And we're getting rid of them. I move to accept staff s recommendation on CA -25. Commissioner Sanchez: Second. Chairman Regalado: OIC. Commissioner Teele: May I just inquire? When did the audit or when was this matter brought to the attention of the management and the Commission? Mr. Igwe: The audit was issued on June 13'", the year 2000. Commissioner Teele: OK. So, this is my point. And, again, we blame everybody. But we've been on notice since June of 2000. We're now in December of 2001. Chairman Regalado: Right. Commissioner Tcele: And that's what we've got to focus on, moving these decisions. Chairman Regalado: Exactly. And I communicated with Victor several times on this, because the Audit Committee had a very strong opinion on this matter, and they wanted us to go after MCI big time since several months. Mr. Igwe: Yeah. But the Audit Committee have (INAUDIBLE) with the settlement four hundred and ninety-four thousand. Chairman Regalado: Yeah, but that's not the point that we're discussing. The point is that we should have gone -- Mr. Igwe: Much earlier. That's true. Chairman Regalado: -- after them before. Vice Chairman Winton: Well, don't forget, you had prior Manager then and -- 228 December 13, 2001 0 • Chairman Regalado: I understand that. And, you know -- Vice Chairman Winton: And we didn't say go do -- Chairman Regalado: And for this we have to thank Carlos, because he's moving this forward. So -- but I'm just saying that we also have a responsibility. Vice Chairman Winton: Totally ours. Chairman Regalado: OK. There is a motion and a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1330 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING PAYMENT OF $194,924.35 FROM MCI WORLDCOM COMMUNICATIONS INC., (MCI) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS, DEMANDS AND DISPUTES THE CITY HAS AGAINST MCI REGARDING THE PROVISION OF TELECOMMUNICATION SERVICES TO THE CITY UNDER THE CITY RIGHT-OF-WAY AGREEMENT DATED JANUARY 23, 1992, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ,SETTLEMENT AGREEMENT AND RELEASE ATTACHED AS EXHIBIT "A" FOLLOWING RECEIPT OF PAYMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 229 December 13, 2001 �� A�'PC�iNTMEl' T,EAl9RC?��L LLS GY Alk fY, - 1'PQV COI�FRM T`QNEALEJ x:tO VILA LLQ;,, :.,. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: If it's OK with you and my colleagues, can we do the reappointment of the City Attorney, please? Chairman Regalado: Go ahead. And, Commissioner Sanchez -- Vice Chairman Winton: Who? Commissioner Sanchez: Reappointing the City Attorney. Chairman Regalado: City Attorney. Commissioner Sanchez was designated by the Commission to meet with the City Attorney and discuss -- Vice Chairman Winton: I thought we were doing a national service. Commissioner Teele: Didn't we do a national -- aren't we going to do a national -- Vice Chairman Winton: Aren't we going to do a national search? Chairman Regalado; He has a local preference. Although he's going to have to move to East Little Havana. Commissioner Sanchez: Mr. Chairman -- Vice Chairman Winton: I want to see his budget. Commissioner Sanchez: Mr. Chairman, colleagues, as requested by City Commission, I have met with the City Attorney to discuss the status of his office and his reappointment as the City Attorney. We discussed several issues pertaining to his office. First, I was really impressed to see the quality of performance and the quality of people that he has working on his staff. In taking the attorney's office into the 21st Century with a wonderful web page that they have that clearly provides information to clients and basically details all the duties in his office. The participation and the active involvement in the City Manager's executive staff meeting, which he participates or he always has representation to keep informed of the City's business, I think it's pertinent and very positive for the City of Miami. We also focused on the formal process with selecting new attorneys, which I think is very important. How we select the new attorneys that are brought in to -- will guarantee that we hire good attorneys to represent the best interest of this City, and that is basically done through a three-tier interview, which is working very well. They 230 December 13, 2001 • also have an annual performance evaluation for all employees and staff and attorneys, which they basically evaluate all their employees on a yearly basis, focusing on their work habits and their performance. Also, the office currently has three Florida Bar certified attorneys -- four. Four now, and a -- how big is your staff now, Alex, including legal aid and -- Alejandro Vilarello (City Attorney): Including paralegals and legal assistants, we're at like 51, I believe. Commissioner Sanchez: Fifty-one. We also discussed -- identified new electronic research techniques and sources. As you're aware, in a law firm a lot of research has to be done to save time and be more efficient. They have a new system that is working out very well and it saves time. They also have a procedural manual, which could be available to each and every one of you, and a tracking system that appears to be very beneficial for the office. Just to get on some of the cases, whether it be litigation or assignment or contracts, open and pending, they have a 1,303 cases and they've been able to close, as of the year, 365. Assignments, they have 1,359 open and pending cases, and they've closed 1,461. In contracts, they're reviewing 375 and they have closed 600. They have representation in -- an attorney at every business that deals with the City. Of course, they provide legal representation to MSEA (Miami Sports & Exhibition Authority), CRA (Community Redevelopment Agency), Bayfront Park, all the boards, Code Enforcement. Since you asked me to do this, I basically took it upon myself, all right, and I did it. And I was very impressed with the service they provide. Now, you guys asked me to do a report, so I did it the right way, OK? So, I am here to tell you that if you ask me to reappoint the City Attorney, I am prepared at this time to move forward the resolution. If you have any questions directed towards our City Attorney, please feel free to ask him now or forever hold your peace. Chairman Regalado: OK. Vice Chairman Winton: Second the motion. Chairman Regalado: There is a motion. Commissioner Sanchez: There's a motion to reappoint the City Attorney. Chairman Regalado: With all the -- Commissioner Sanchez: No. That will come next. This is just a motion reappointing -- well, we'll discuss the benefits. We'll vote on that separately. Chairman Regalado: It's not separate. Commissioner Sanchez: Huh? Chairman Regalado: It's all together. 231 December 13, 2001 Commissioner Sanchez: Well, no. We could do it separately. We'll just -- motion to reappoint him and then we'll discuss his benefits, Mr. Vilarello: There's a resolution in your package, which is just a reappointment. And this one does both. So, if you pass the first motion, that will be -- Chairman Regalado: OK. Commissioner Teele: Well, hold it. I ain't ready to vote. Chairman Regalado: No. It's this one. Commissioner Tecle: I'm ready to vote on the reappointment. In seriousness, I have worked very well and very hard with the City Attorney, and I -- because I'm a member of the Bar, I try to be very clear. There's only one lawyer on this dais that's providing advice and I have -- I'd like to just say this, that I rely very heavily on the legal advice of the City Attorney, and I have found that advice to be extremely well thought out, well reasoned. I've shared with the City Attorney privately my concern, which I want to put on the record. He's extremely defensive about his department, very -- Commissioner Sanchez: Territorial. Commissioner Teele: -- territorial, doesn't take criticisms or suggestions with ease and with finesse, and I hope you'll continue to work on that. I also think that the City Attorney and his office don't get the kind of financial support through the budget process and, in particular, through the various agencies, the CRA, Community Development, Off -Street Parking, et cetera. And I was sort of encouraged, I guess, to see that you had outsourced some of the Off -Street Parking work, because I think one of the real problems with the City Attorney's Office is that they are overworked. I mean, I don't think that. I know that. That office is overworked. You go there at 5:30 in the afternoon, 6 o'clock, there are people working in that office. Every time I've been there on Fridays, with or without notice, whether the City Attorney is there, lawyers are working and staff are working. We need to look more closely at how we allocate the budget services. We don't save money at all by shorting ourselves in some of these matters. And I think that the CRA, Community Development, and MSEA and others need to be instructed through the budget process to provide a fully allocated reimbursement to the City Attorney's Office for that. And I mean that very sincerely. I think Community Development does their share, and that -- we could say that's easy because that's federal money, but the fact of the matter is, you're limited on the amount of administrative expenses. I think it's 20 percent. And so any administrative dollars they give up are coming out of "their" budget. So, I mean, I want to sort of exempt them. But I think Community Development and MSEA, Bayfront Trust, we've all got to do a better job of providing, on a reimbursable basis -- and I think the budget office needs to be a little bit more proactive, or the Internal Auditor, in trying to help us come up with a better scale on that. I will just say this and leave it. It takes too long for contracts to go through that office. It takes far too long for contracts to go through that office. But I'd rather have a contract that has been -- but when contracts that come through that office, you can rely on them, I think, very well. I am really concerned about the property issues, particularly in light of the bond issue. We're going to 232 December 13, 2001 0 0 have to work like the devil. Look at this Little Haiti Park, the potential eminent domain and land acquisitions. We cannot afford to wait a year, two years, as we've done on several projects -- literally two years to get title to properties that we have. And, so, I am totally supportive. And I think what has happened in the City Attorney's Office is dramatically better than -- each year it's gotten better, and I think it's a very good law office and I'm very proud of that office. And I strongly support the reappointment of the City Attorney. Chairman Regalado: Commissioner Gonzalez, if you have -- Commissioner Gonzalez: Yes. I can say that from the first day that I arrived to City Hall, I had the pleasure and the honor of having the City Manager -- I mean, the City Attorney giving me advice and he walked me through the entire legal process, and I really appreciate the kind of work that he has done with me as a Commissioner. And also from the community level, as a community leader or Director of CBO (Community Based Organization), I had the pleasure to say that he has also worked very well with our agency. So, it would be my pleasure to also vote in favor of the appointment of our attorney. Thank you. Chairman Regalado: OK. Just very briefly. Mr. Attorney, I'm also ready to support your reappointment. And I think that, you know, we need to understand what Commissioner Teele said, that if we want to make money, we have to spend money, especially in the City Attorney. But not only that, we need to focus on the different loans that have been there for years and nothing has come out. Maybe because we don't have the manpower to go after or to go to court. We need to focus on the Code Enforcement liens. If we can implement something that we can sell those liens in the court, the City will be making millions and millions and millions of dollars. And on the quality of life issue, we just saw what one attorney could do. We took an aggressive Code Enforcement violator to court for the first time in the history of the City and we won. So, there is more we can do. I mean, unfortunately, you don't have attorneys to go everyday to court because of Code Enforcement situations, but we should take at least two or three or four in a year, because it sends a clear message. So, I -- in a few minutes, I will try to get my colleagues to support my appointment to MSEA. I promised that in MSEA, I will try to give the City Attorney's Office the support that it needs to work on all these issues. So, having said that, I am ready to, if you are -- do you have a motion, Commissioner Sanchez? Commissioner Sanchez: Yes, sir. So move the reappointment of the City Attorney. Vice Chairman Winton: Second. Chairman Regalado: There is a motion to reappointment Alejandro Vilarello as City Attorney of the City of Miami, and there is a second. Commissioner Teele, we're going to vote on the reappointment, if you -- all in favor signify by saying "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes five to zero. 233 December 13, 2001 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-1331 A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND REAPPOINTING ALEJANDRO VILARELLO AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Sanchez: Mr. Chairman, if I could also move a resolution of the City of Miami Commission, with attachments, ratifying, approving, and confirming the salary and benefits to be received by City Attorney Alejandro Vilarello. The only difference here is the five percent increase and the five percent anniversary increase. Monetary increase is five thousand four hundred and eight dollars ($5,408) for your review. Commissioner Gonzalez: Second. Commissioner Teele: Second. Chairman Regalado: There is a motion and a second to approve the appointment package of the City Attorney. All in favor signify by saying "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 234 December 13, 2001 • 0 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-1332 A RESOLUTION OF THE MMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY ATTORNEY ALEJANDRO VILARELLO. (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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Sanchez: Mr. Chairman, if I also may -- I really don't want to give him all the credit for all the good work that comes out of that office. I think that he has great employees and especially all those that do all the research. So, congratulations to you, and I hope you continue to do a great job here for the City. Chairman Regalado: Congratulations, Mr. City Attorney. Mr. Vilarello: Thank you. [APPLAUSE] Chairman Regalado: Now -- Mr. Vilarello: Commissioner, if I can just briefly say thank you to the Commission, and acknowledge the comment that Commissioner Sanchez made. I'm very proud of the office and I'm very proud of the work that I've done in the office. But the reality is that the work that I get credit for is the work of very hard working lawyers, and a support staff of, frankly, what I believe to be the hardest working staff personnel in this City. And it's not a shot at anybody else because the Manager's got lots of great staff and so does the City Clerk. But I just believe that this staff is just an incredible asset to the City. And I appreciate you all giving me the opportunity to continue on in this position. 235 December 13, 2001 a Q'RM�APPOITENT t WANEA �S ITTA RAAl , APP -1 Q0' NDxCO ISG T a, R> CE Y C TY CLE WALTER J OEMs :.. Chairman Regalado: OK. Item Number 3 is a resolution electing and reappointing Walter Foeman as City Clerk. In the last Commission meeting, the City Commission directed me to meet with Walter in order to discuss the reappointment. Well, I've got to tell you guys that I failed. I was not able to convince him to stay. So Walter will be leaving next year. However, we need to reappoint him and by doing that, when he's ready to take the new task that he will be taking in Broward County, then we will deal with that issue. I did spoke to Walter and he is going to meet with each and every one of members of the Commission in order for you, members of the Commission, to decide on the replacement. And it would be up to the City Commission to appoint next year -- some time next year, the new City Clerk of the City of Miami. So, Walter, it will be February? Walter Foeman (City Clerk): Yes. It will probably be some time between the beginning and middle of February. Chairman Regalado: No. OK. But it could be March or June or July? Mr. Foeman: I don't think so. Chairman Regalado: OK. All right. Commissioner Teele: Mr, Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: I would move the reappointment of Walter Foeman as the Clerk of the City of Miami. Chairman Regalado: There is a motion by Commissioner Teele to reappoint Walter Foeman as City Clerk of the City of Miami and second by Commissioner Sanchez. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-1333 A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND REAPPOINTING WALTER J. FOEMAN AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER. 236 December 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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I would move the salary and benefits consistent with that of the City Attorney, that the 401k that will be increased from 20 percent to 22.4 percent, which is provided for by the TRS (Internal Revenue Service) change, that the deferred compensation be increased by three thousand dollars ($3,000), effective 1-1-02; and that the five percent increase be retroactive for one year. Chairman Regalado: OK. There is a motion. Commissioner Sanchez: Second. Chairman Regalado: And a second. Motion by Commissioner Teele. Second by Commissioner Sanchez. Vice Chairman Winton: Why is it -- Commissioner Teele: One moment. Vice Chairman Winton: Why is it retroactive for a year? Commissioner Teele: For one year. Chairman Regalado: He needs to make some -- Commissioner Teele: The -- let me take out the deferred compensation, because it doesn't apply. Mr. Vilarello: He's in the pension. 237 December 13, 2001 Commissioner Teele: He's in the pension. And I think that the best way to handle his situation is to give him a retroactive pay increase, which will have a significant impact on his retirement. And it happens frequently -- Vice Chairman Winton: I think this is exactly the kind of thing we have to make sure we say clearly and loudly. You know, this kind of stuff used to go on where there was -- there were changes in peoples' pension and how you calculate the pension so people going out the door could end up with more, and it's the kind of stuff that was always in the newspaper and made us all -- and made the City in those days look bad. I just want to make sure we put on the record precisely what this is, precisely what it's doing, so everybody's clear. Commissioner Teele: Right. All right. And I think that's fair. I would also just say that the salary compensation of the Clerk of the City has not been consistent with others in the professional standing of the Clerk, neither now, nor in the past, nor is it consistent with the constitutional officers of the Clerks around the County, and that's neither -- Vice Chairman Winton: Which we need to absolutely address. You know, Walter's retiring. We need to make sure that when we move to that next phase, that issue gets addressed and addressed head on. Commissioner Teele: I would call the question. Chairman Regalado: Yes. There's a motion and a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-1334 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING A SALARY INCREASE FOR CITY CLERK WALTER J. FOEMAN. 238 December 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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: That completes the reappointment of the City Clerk and the City Attorney. We go back to number 7. Walter Foeman (City Clerk): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Foeman; Excuse me. Before we go on, I just wanted to extend my warmest measure with gratitude to the Commission for allowing me to stay -- Chairman Regalado: Why? You're leaving. Mr. Foeman; Yeah, I know. But I'm in appreciation for the benefits, something I didn't expect, but I thank you for that. Chairman Regalado: Well, you should, because you've been a very good Clerk and your staff is extraordinary. Commissioner Sanchez: Walter, you're a good human being and a true professional. Mr. Foeman: I concur with the City Attorney. I take exception to him. I think I have the best staff in the City. But, again, thank you very much. Chairman Regalado: You're welcome, sir. 239 December 13, 2001 Chairman Regalado: Mr. Vice Chair, the Washington Mutual Coconut Grove Arts Festival is back. Vice Chairman Winton: Yeah. There's -- I think there's three or four resolutions here, and they're virtually all the same thing. This is a long resolution that, one, waives the fees that are waivable, that we waive for everybody else and their grandmother. It also allows for selling alcoholic beverages and road closures. It's a long resolution. So moved. Commissioner Teele: Second the motion. Chairman Regalado: OK. There are four resolutions, so we need to do one by one. Vice Chairman Winton: Right. Chairman Regalado: So, if you move number one. Vice Chairman Winton: I'm moving Coconut -- the Washington Mutual Coconut Grove Arts Festival. Commissioner Sanchez: Just have the City Attorney read it. Chairman Regalado: No, you don't need -- Commissioner Sanchez: No? Chairman Regalado: No. It's a resolution. Commissioner Sanchez: Oh. Chairman Regalado: It's a resolution, Vice Chairman Winton: Yeah. Chairman Regalado: So there is a motion. A second. Do we have a second? Commissioner Teele: Yes. Commissioner Sanchez: Second. 240 December 13, 2001 Ll r� Chairman Regalado: Second by Commissioner Teele. All in favor signify by saying "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1335 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE 39TH ANNUAL WASHINGTON MUTUAL COCONUT GROVE ARTS FESTIVAL, CONDUCTED BY THE COCONUT GROVE ASSOCIATION, INC., TO BE HELD ON FEBRUARY 16-18,2002; AUTHORIZING THE CITY MANAGER TO ISSUE A THREE-DAY PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES DURING SAID EVENT IN THE AREA OF McFARLANE ROAD FROM SOUTH BAYSHORE DRIVE TO MAIN HIGHWAY AND SOUTH BAYSHORE DRIVE FROM McFARLANE ROAD TO MAIN HIGHWAY, INCLUDING ALL STREETS, AVENUES, ALLEYS, WAYS AND THOROUGHFARES WHICH INTERSECT SAID AREAS IN COCONUT GROVE, MIAMI, FLORIDA; AUTHORIZING THE WAIVER OF ADMINISTRATIVE IN-KIND SERVICES AND OF ALL EQUIPMENT RENTAL AND PERMIT FEES PERMITTED BY LAW; FURTHER AUTHORIZING THE WAIVER OF THE COCONUT GROVE SPECIAL EVENTS DISTRICT SUPPLEMENTARY USER FEE, IN THE AMOUNT OF $10,000.00; SAID AUTHORIZATIONS CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW, INCLUDING BUT NOT LIMITED TO A TEMPORARY PERMIT TO SELL ALCOHOLIC BEVERAGES BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, PURSUANT TO SECTION 54-13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE, INCLUDING BUT NOT LIMITED TO LIQUOR LIABILITY, TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; (4) INSTITUTING AN IDENTIFICATION PROGRAM TO ASSURE THAT ONLY THOSE INDIVIDUALS OVER THE AGE OF TWENTY-ONE MAY PURCHASE ALCOHOLIC BEVERAGES; (5) ADVISING ALL ADJACENT BUSINESSES, PROPERTY OWNERS, AND RESIDENTS OF STREET CLOSURES ASSOCIATED WITH SAID EVENT; AND (6) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. 241 December 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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 242 December 13, 2001 0 Vice Chairman Winton: The next one is related to -- now it's called the King Orange Bowl Parade. We voted on the Orange Bowl Parade before. They're coming back and asking for an additional nine thousand four hundred and twenty-two dollars and eight cents ($9,422.08), and it's tied to additional security required as a result of 911. Commissioner Teele: Let me do this. Vice Chairman Winton: Nine eleven. Commissioner Teele: If I could, Commissioner Winton. Could we defer this item, temporarily? Just -- all these items temporarily, and take up the budget? Vice Chairman Winton: Sure. Absolutely. Commissioner Teele: The budget -- Vice Chairman Winton: Yeah. Good idea. Commissioner Teele: -- appropriations. Vice Chairman Winton: Agreed. 243 December 13, 2001 0 Chairman Regalado: OK. We'll go back to the budget, which is -- Walter, it's Item -- Linda Haskins (Department of Finance & Budget): It's Item 12. Chairman Regalado: Item 12. Ms. Haskins: Item 12 is the close out ordinance for 2001, and Item 13 is the amendment of the 2002 ordinance. Would you like to go to the close out ordinance? Chairman Regalado: Yes. Go ahead. Name and -- Ms. Haskins: In the close out ordinance, it's basically the clean up ordinance to reflect activity that happened in the financial -- from the accounting side. General fund, there is a three million, one hundred and thirteen thousand dollar ($3,113,000) additional revenue item fire assessment fee, with a corresponding expense of the same amount. That relates to exemptions provided for on the fire fee, and for accounting purposes, finances, assets that we show. And the exemptions as revenues and the -- the exempt amount as a revenue and the exemptions as an expense. In the debt service fund, there was an accumulation over time in the Convention Center special revenue fund. That excess is to be transferred to the debt service fund to pay Knight Center debt. So, you'll see an additional appropriation in Convention Center with money going to the debt service fund for the Knight Center debt. Other special revenue funds, we're cleaning up those to show final ordinance grants accepted since the last appropriation amendment. That holds true as well for fund 103 -- actually, it holds true for all the other special revenue funds. So, it's just showing grants that we accepted by an ordinance since the last appropriations amendment. Commissioner Teele: Madam Budget Director, now help me on this issue that we've got the shortfall on. Is this the place? Ms. Haskins: The shortfall on the -- Commissioner Teele: Special events. Ms. Haskins: That will be the next one. Commissioner Teele: All right. Ms. Haskins: And we're going to get it appropriated, there. Chairman Regalado: Commissioner Sanchez. 244 ' December 13, 2001 0 Commissioner Sanchez: No, sir. Commissioner Teele: I would move the item. Commissioner Sanchez: I second it. Chairman Regalado: OK. Ms. Haskins: In Item 13 is the amendment to -- Commissioner Teele: Now, hold it. Let's -- Unidentified Speaker: We've got to vote on it. Ms. Haskins: Oh, I'm sorry. I'm sorry. Commissioner Teele: Is this an ordinance? Alejandro Vilarello (City Clerk): Yes, it is. Chairman Regalado: OK. Let me -- Linda, just one second. Let me ask. I've got to do -- yes, I've got to do something about the surplus budget in my office. We did it on this one or on the -- Ms. Haskins: On the next one. Chairman Regalado: On the next one. That's what I thought. Ms. Haskins: Yes, sir. Chairman Regalado: But I just want to make sure. This is a public hearing and this is an ordinance. Anybody from the public, any comments? No. Commissioner Teele: (COMMENTS OFF THE RECORD) Chairman Regalado: No, no, no, no. It's about my surplus. Not about the City's surplus. It's the City's surplus. Anyway, we close the public hearing. Read the ordinance. Roll call. 245 December 13, 2001 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11970, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 2001, FOR THE PURPOSE OF ADJUSTING SAID APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS TO REFLECT ENTRIES NECESSARY TO CLOSE OUT FISCAL YEAR 2001, AS MORE PARTICULARLY DESCRIBED HEREIN; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None. Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12169 246 December 13, 2001 0 • Chairman Regalado: Thirteen. Linda Haskins: Item 13 is an amendment of the fiscal year 2002 appropriation ordinance. There is a change in the ordinance that was distributed in the book as a result of a request of Commissioner Regalado, to change the allocation of his surplus. And Commissioner Regalado's surplus is now going to be split between the NET (Neighborhood Enhancement Team) and Park's special revenue. So the Neighborhood Enhancement Teams revised budget would be 5,070,9$2. Other special revenue fund -- Chairman Regalado: Excuse me. Linda, the revised -- when we discussed that, that goes to the police. Ms. Haskins: Right, to the Police and NET. Chairman Regalado: And NET. Ms. Haskins: Right. Chairman Regalado: Not the NET Office itself, but to the Police. Ms. Haskins: To the NET. Chairman Regalado: On the NET Office. Ms. Haskins: Right. And it's -- and what you had requested was ten thousand dollars ($10,000) - Chairman Regalado: Ten thousand dollars ($10,000) Flagami NET police. Ten thousand dollars ($10,000) police in West Little Havana. Ten thousand dollars ($10,000) police in Coral Way. Ms. Haskins: Right. And then your balance is sixteen thousand five hundred and ninety two dollars ($16,592) will go to the Parks and Recreation Services special revenue fund, which -- Chairman Regalado: Right. But when you are through, I would like to have the Parks Director, because I have an idea for those sixteen thousand dollars ($16,000). 247 December 13, 2001 • 0 Ms, Haskins: OK. That's great. So, the new number for Parks and Recreation service special revenue from what you got originally is 2,063,393. All sources for revenues in -- and total special revenues for special revenue funds is 20,867,440. The appropriations amendment for 2002 starts out -- if you look at the last three pages of your -- of this section, there's a table that displays the amendments being done. The first is similar to what we just did in the close out ordinance. It's the fire assessment, showing the exempt amount as a revenue and the exemptions as an expense. It's three million one ninety-two. The second item, four million two hundred and eighty-seven thousand dollars ($4,287,000) in management resource that were established at the end of fiscal 2000. These were set aside to cover primarily deficits in special revenue funds. And what we're doing is bringing in that -- roll over the balance so that we can finally do the entries to close out the old deficit balances in special revenue funds this year. There was a carry over from 2001 of elected officials surpluses, 210,882. There was 100,000 from the Mayor's Office, 46,295; from Commissioner Regalado's office, 36,228; from Commissioner Gort's, 18,359; from Commissioner Teele and Commissioner Winton asked for a roil over of ten thousand dollars ($10,000) of his surplus. We're also adding a staff person, in accordance with the news rack ordinance, to monitor compliance with the news rack ordinance. We increasing projected revenues by sixty thousand, and that was for news racks, bus benches, that sort of thing -- those initiatives. There was nice news from the group in the Fire Department that does the emergency management. We got a check in for eight hundred and eight thousand dollars ($808,000) from FEMA (Federal Emergency Management Agency) related to Hurricane Irene. That's free money to the City and that's helping us fund some of these other things that you have requested over the last few months. And then Dinner Key Boatyard, also known as Grove Harbor Marina or what -- Grove Harbor Marina, it will probably be run by the City, beginning in January. We're bringing in the projected revenue from that and Iater on the projected expenses. Now, the additional appropriations are fifty thousand dollars ($50,000) for translation services, as requested in the last meeting for various boards. In Asset Management, Marine Stadium property, we've been having vandalism problems there. We're putting fifty-two thousand dollars ($52,000) in for 2417 security at Marine Stadium. Conferences and Conventions is fifty-five thousand dollars ($55,000) from Marine Stadium, Marina temps. This was really an error in the budget process, in terms of they had asked for transferring three temporary people to permanent people. We said, can't transfer them to permanent. That's when the adjustments were made. They were put back into temporary. Dinner Key Boatyard, expenses are 125,000. Security from Miami Arena, 18,000. That's also been a security problem for us, Twenty-eight thousand in Public Works for the temporary employee to monitor the news rack ordinance. In non -departmental, you see the three million one ninety-two. That's the Fire Assessment Exemption. And there's a hundred thousand dollars ($100,000), which was the transitional expenses from last meeting. Hundred thousand dollars ($100,000) to fund the Greater Miami Conventions and Visitor's Bureau, Destination Miami. We're hundred thousand dollars ($100,000) for additional security measures. This is not a Commission requested item. This is a result of the terrorist activity on 9111, and there's also concerns about security. We're hopeful that we might not have to use all of this, but we certainly are looking at more security and additional building security. There's fifty thousand dollars ($50,000) contribution to Greater Miami Chamber of Commerce for their Economic Generation Recovery Plan. That was a resolution from the October 25th Commission meeting. Two hundred and ninety-six thousand two hundred and twenty-eight dollars ($296,228) into capital projects, Of that, 46,228 represents the surpluses from Commissioners Winton and Gort 248 December 13, 2001 0 from their surplus that they wanted to go to planning for Little Haiti park. The two hundred and fifty thousand dollars ($250,000) in this number is a suggestion that came from, again, from our emergency people, Fire -Rescue Department. They had researched the cost of doing a citywide hazard assessment for terrorisms risks, and we are certainly cognizant of the fact that there's lots of things going on in Washington, some very large bills for helping out state and local governments on this sort of activity. And we felt if we got a study done now, we would be ahead of the curve in being able to apply for grants and funding from some of the money that's coming in from -- going to be available from Washington. There's a hundred and eighty thousand dollars ($1$0,000) of special revenue fund for the homeless. This is a current year arising deficit in the special revenue fund. We're using old reserves that were set aside for deficits, and it relates to the fact that the budget was prepared assuming that a waiver had continued on an ESG (Emergency Shelter Grant) grant to use it primarily for salaries. That has not happened. And we're -- the waiver has been applied for. We may need to come back to you mid -year again and ask for more money if we don't get the waiver in. The balance of the Mayor's reserves is going to cover special revenue fund deficits. We're hopeful we won't have to use all of this money. The accounting is still being completed on that, but they're very close to coming up to final numbers, is my understanding. Commissioner Teele's surplus from 2001 went to -- it went to -- the Roots and Culture Festival. Commissioner Regalado's surplus. We talked about 30,000 to the Police, and the three NETs in his district; 16,295 to the Parks Special Revenue Fund. And then within the general fund, the revenue sources versus the expenses we're doing here resulted in a two hundred and fifty-two thousand dollar ($252,000) surplus, which, in what we presented to you, that two hundred and fifty-two thousand dollars ($252,000) would go into additional reserves. This is the money that would be available should you want to do additional appropriations for special events. And we also had a request from Asset Management for seventy-five thousand dollars ($75,000) to hire consultants to do -- to help the City challenge Value Adjustment Board challenges. We feel that with the occupancy rate, the hotels is really going to try to go in on an income approach basis in challenging the evaluations and we'd like to have our say on market and cost basis, as well. Commissioner Sanchez: The funds that you're referring to -- Ms. Haskins: That seventy-five thousand dollars ($75,000) though could be funded from monies already in CIP (Capital Improvement Programs) that came from strategic initiatives, with a motion from the Commission saying that it's OK to use what was set aside for fast tracking projects, to use 75,000 of that for the Value Adjustment Board hearings this year. Vice Chairman Winton: I just want to make sure that once we get -- because I'm all in favor of that -- the rationale for who we're going after is what I want to talk about. It isn't the people who just had their rear ends handed to them because their occupancy went down, which, therefore, drives their value down in real numbers. It's the speculators that are scattered all over the City who buy land. They paid an extraordinarily high rate for land or buildings that they do nothing with, except sit on them, that we're assessed the values dramatically lower and those value reassessments don't get done. Those are the people that we need to be going after, not the poor hoteliers that just got their lunch handed to them. I hope that's what we're doing. 249 December 13, 2001 Laura Billberry (Director, Asset Management): We're going after a lot of -- on all aspects. Basically, we are working in-house developing comps and going and attending all the VAB (Value Adjustment Board) hearings and everything, basically. We're having the consultants work with us in developing these comps and bringing data to the table, because they have the experience and know the pitfalls of what to look for, which is why we're asking to bring them in more often to attend these hearings with us. We are also looking at what you're suggesting to see -- for example, there are several CLUCs (County Land Usage Codes) in the City -- County land use codes, where we're finding the County is not reassessing, and we need to look at those, of why they're not assessing those when they're selling. So, we're looking at many different things throughout on how we can try and impact it. We're also looking at bus shelters and billboards and the personal property to see that we're trying to get them from all different angles. Vice Chairman Winton: Great. Ms. Billberry: But there are several angles that we're trying to attack with that. Vice Chairman Winton: Good. Thank you. Ms. Billberry: And I do -- if you do adopt the 75,000, I do have a pocket item for -- to increase the allocation for the consultant services. Vice Chairman Winton: Great. Chairman Regalado: OK. Linda, you're finished? Ms. Haskins: That was the special -- the general fund. Special revenue funds. Most of the special revenue fund appropriations are either rollovers of prior balances or reflecting ordinances accepted since the first appropriations ordinance was passed. However, there are a couple things that I did want to point out to you. In the Parks and Recreation fund, there's a 115,452 appropriation, and that is to fund FOCAL (Foundation of Community Assistance & Leadership) at Moore Park for this fiscal year. I have -- my grant staff is working with the people at FOCAL to look at other sources of funding, as well. And the City Clerk services CRA (Community Redevelopment Agency), and their budget had budgeted a contribution to the City Clerk's services to offset some of the costs they incurred for CRA, and we've included that in this appropriations ordinance. In Capital Improvement Funds, we are appropriating the things that we talked about before, Commissioner Gort's surplus into Little Haiti Park, the tentative fifty thousand for the hurricane -- for that Risk Assessment Study. We're also putting in an additional hundred thousand dollars ($100,000) for planning for Little Haiti Park. And -- hundred thousand dollars ($100,000). So, the total for planning for Little Haiti Park going in this ordinance is a hundred and forty-six thousand dollars ($146,000). Taking some DRI (Development of Regional Impact) fees from special revenue and putting it into Flagler Street Marketplace. These are air quality -- DRI air quality fees. We need to spend them and we can spend them on Flagler Street because of the mini bus proposal that they've got with that whole project. Chairman Regaiado: You're done? OK. Any questions? 250 December 13, 2001 0 • Commissioner Sanchez: Mr. Chairman, if I may. What is in the Parks -- what is the budget reserve for Parks? Ms. Haskins: The Parks Department has quite a large balance. It's 543,194 is their undesignated fund balance. Commissioner Sanchez: OK. Ms. Haskins: Special Revenue Fund. Commissioner Sanchez: Let me -- I'll get back to this question, but I need to ask this question I need to ask you, because I have had an extensive conversation with Jose Casanova on the Little Havana Plaza that will be constructed next to Domino Park and the Tower Theater. It is my understanding, he tells me, that that is -- that project is funded and, apparently, I get feedback from the administration that it's not funded. And I need to know whether it's funded or not funded, the Little Havana Plaza that they're going to do there. And let me tell you why I bring this up, and then I'll get to why I'm asking this. Ms. Haskins: Commissioner, there's only forty thousand dollars ($40,000) funded for that. Commissioner Sanchez: Well, let me tell you. We have had -- Albert Ruder (Director, Parks and Recreation): We have about -- Albert Ruder. We have about 400,000. I don't remember the exact figure from Safe Neighborhood that we had secured for that project. Commissioner Sanchez: Well, Al, here's what I want to get to, OK. And let me just -- let me put this crystal clear, Johnny. We have had several community meetings where we have had residents from the area come, and we have done a presentation of the project. We have gone out to the media and promoted the project. We have gone on TV (television) and radio and promoted the project. And they say that the project will start in February. The last time that I was informed, they told me the budget is there, so I don't know whether it's funded or not funded. But I'll tell you what will not happen, as long as I'm the Commissioner of Little Havana, District 3, we're not going to go out there and have public meetings and tell the people that we're going to do a project for them and the money's there and then we find out that the money's not there. Ms. Haskins: I think what happened is, this is Safe Neighborhood Parks Bond that's not reflecting on the CIP projects, yet. This just changed. Commissioner Sanchez: Well, I want a commitment from this administration that we have the funds available for that project, because it's my face that has to go out there and deal with my constituents, when we tell them that we're going to do a project and we have the funds and then we don't have the funds. So, Mr. City Manager, I need to hear from you and Madam Director whether we have those funds available or not. 251 December 13, 2001 0 • Carlos Gimenez (City Manager): I'll ask Madam Director. I can't tell you. right now. Apparently, some -- it's an allocation from Safe Neighborhood Parks, but the Parks Director -- Ms. Haskins: We have not yet received -- Mr. Gimenez: -- remembers it. We have -- we may not have, you know, received the allocation. Ms. Haskins: We didn't — the Parks Director's saying the Safe Neighborhood Parks money -- bond money is here. We have not yet received that to put it in. Commissioner Sanchez: Well, here's lesson number one that I want to pass along. Maybe -•- Mr. Gimenez: We're looking. Ms. Haskins: I apologize. It was in there. It is in there. It is funded. Commissioner Sanchez: It is funded? Thank you. Chairman Regalado: OK. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Very briefly. Mr. Manager, I read into the record this morning a part of the Standard and Poors statement, and I want to take this opportunity to underscore the sincerity of my remarks. I will say this personally, and I hope it won't be offensive to the Director. I have a very difficult time working with your budget director because your budget director is strictly looking at numbers. She doesn't want to hear anything I have to say, if it's not about numbers, in terms of the kinds of policy things that I want to talk about. That's what this City needs. This City needs a budget director who's transparent and who's focused on numbers. And I have nothing but the highest professional regards for your budget team, and I want to say that. Because I think the biggest thing we've got to do right now is keep continuity and keep what we're doing going forward. This budget presentation -- and I regret, Madam Director, I did not have the opportunity to meet with you, although you had called my office three times and asked for a meeting, and I apologize. But we need to have the kind of transparency that we have right now in our budget process. The numbers are clear. If you want to take the time and understand them, they're right here. There's no fuzzy -- you know, hocus pocus numbers here. All out here. And I think, you know, this is a part of what Wall Street and what, I think, the public is accepting, And, so, I just want to commend you and I want to commend your budget team, Ms. Haskins, for being so transparent. The process is clear and it's understandable and. it's transparent. Now, on these numbers, Ms. Haskins. Additionally, I passed a resolution. I didn't call you on it, but it's contained in there. In other words, you know, sometimes I get the feeling we pass resolutions or, you know, like technology in parks and unless you follow up on it, it doesn't happen. I said this is how I want to see the unused funds in my district office to go. It's there. And I just appreciate, Mr. Manager, the professionalism of doing what it is we say do, 252 December 13, 2001 0 0 based upon a vote. I do have one or two concerns, Ms. Haskins, and that's this -- oh, by the way -- and this is sort of the bad part of this -- it's clear to me that the Mayor had how much money left in un — and I want you to hear this, Mr. Manager, because I don't want the Chairman to get involved in this discussion, at all. How much -- Chairman Regalado: You want to leave early, right? Commissioner Teele: How much money did the outgoing mayor have left in his budget? Ms. Haskins: A hundred and eighty-four thousand dollars ($184,000) from last year. Commissioner Teele: One hundred and eighty-four thousand dollars ($1$4,000). You remember my comment this morning? How much did Willy Gort have in his budget from last year? Ms. Haskins: Willy Gort had thirty-six thousand two hundred and twenty-eight dollars ($36,228). Commissioner Teele: And if you look at what happened, there was a different way to do what was done and none of this would have been the kind of issue that we spend an hour and a half or 45 minutes on this morning. It's just really being able to work through some of these budget mechanisms to get it done, which is why I'm a little bit concerned about this policy direction we want to do, because we created the problem. I mean, we did that and I just want to leave that alone. But what I'm saying, sufficiently, is there was no reason for this Commission to have voted on what we voted on. That could have been something that each of those two parties came forth, with an instruction, and it would have not even been an issue without getting into the details. However, we have a serious problem with the Orange Bowl Parade this year, with some of these other things. We recognize that we're having problems with these so-called special events activities. I've asked your staff to help me formulate a motion or an amendment that you would be comfortable with, and can you help me at this time on that? Can you help me with my motion? Ms. Haskins: The 252,000 from the special -- from the contingency -- Commissioner Tecle: The how much? Ms. Haskins: The two hundred and fifty-two thousand three hundred and fourteen dollars ($252,314) is the surplus. Commissioner Teele: And what I would like to do is move that to that account forward. Ms. Haskins: This is special events account. Commissioner Teele: Exactly. Commissioner Sanchez: What? 253 December 13, 2001 Commissioner Teele: Whatever is there? I mean, I'm not -- Commissioner Sanchez: What was the amount? Commissioner Teele. Two fifty-two? Ms. Haskins: Two hundred and fifty-two thousand three hundred and fourteen dollars ($252,314) is what's in the ordinance for the surplus. What we have left in the special events account that's not committed right now is only 9,000 before the item's been brought today. Commissioner Teele: And what I'd like to do is take that 252 and move it into that account, if that's acceptable to you? Ms. Haskins: That's fine with me. Commissioner Teele: Thank you. Ms. Haskins: It's fine with me. Let me explain what we've been going through in looking at our reserves right now, and that is, we've been very concerned. Where do we stand in our budget versus -- based on what's happened since 9111, and we've been going through -- reforecasting of revenues, and trying to get a handle on where our revenue shortfalls are going to be. And we feel, at this point in time, although we're not at the budgeted reserve level that we came in with the budget, we're still in a balanced position in setting up the reserves required under the Financial Integrity ordinance. Commissioner Teele: Thank you. Commissioner Winton, do you understand that creates two hundred and fifty-two thousand dollars ($252,000), and that's why I asked you to defer those items, with the King Mango Strut, the Orange Bowl Parade, those things, because it's just only nineteen thousand dollars ($19,000) there now. This will move that up. Chairman Regalado: OK. So, Linda, we have already committed from my surplus tan thousand dollars ($10,000) Police West Little Havana; ten thousand dollars ($10,000) Police at Flagami, ten thousand dollars ($10,000) Police Coral Way. Now, 16,000 -- Ms. Haskins: Sixteen thousand -- Chairman Regalado: -- and two hundred and ninety-five dollars ($6,295). Sixteen thousand, two hundred and ninety-five dollars ($16,295) for the Parks Department. Is the Parks Director here? Yes. Albert Ruder. Ms. Haskins: It's for the Park's special revenue fund? Chairman Regalado: Right. This money, Albert, it can only be used on the summer programs, and probably you know why, but let me tell my colleagues why. For several years we have been getting some money from the law enforcement trust fund to pay for the movies of the inner city children during the summer program. Unfortunately, last year they changed the rules, so we did 254 December 13, 2001 not get the money. This year, Albert, we need to use that money, number one, to bring all the kids from the city parks to the movies, the morning matinee. And, also, to continue the inner city's park kids being brought at least once for sailing day in the sailing camp, and their lunch. Remember, these children do not have the money for lunch and they go out and have lunch. So, I think that that will pretty well cover -- Mr. Ruder: OK. Chairman Regalado: -- that -- those two things. Thank you. Do we need -- Mr. City Attorney, we need to vote on this one? Do we have -- Commissioner Sanchez: It's a public nearing. Chairman Regalado: Anybody moved it yet? No, nobody moved it. Commissioner Gonzalez: Move it. Chairman Regalado: Moved by Commissioner Gonzalez. Do we have a second? Do we have a second? Commissioner Sanchez: Second. Chairman Regalado: Second by Commissioner Sanchez. Commissioner Teele: As amended. Chairman Regalado: As amended. Read the ordinance, please. Roll call. (COMMENTS MADE DURING ROLL CALL) Commissioner Teele: Let me just ask one thing: Is there some late breaking news? Is this all right? I see you running. I didn't know if -- Commissioner Sanchez: Who, me? Commissioner Teele: No. The Asset Manager. Ms. Haskins. As part of the presentation, we talked about -- the 252,000 we were going to ask for an additional seventy-five thousand dollars ($75,000) for the Value Adjustment Board. But since we can fund that from existing CIP funding, it was -- strategic initiative dollars that we appropriated last year by the Commission for fast -tracking projects. We'd like permission to take 75,000 of that since it's not fast -tracking a project, and just by a motion letting that be used for the Value Adjustment Board hearings for now. Commissioner Teele: Mr. Attorney, how do we get there? I'd like to move that as an amendment. 255 December 13, 2001 0 i Mr. Vilarello: Just not sure how -- I understand how you can do that with just a motion, but certainly -- Commissioner Teele: It's a motion -- it's on the ordinance and it just moves language -- text language into the ordinance. Mr. Vilarello: So, all the money is contained within this appropriations ordinance? Ms. Haskins: Yes. Mr. Vilarello: So, it's just an amendment to -- Ms. Haskins: All it is, there was money that was -- that is in a CIP fund that was supposed to be used for fast -tracking projects. We want to use 75,000 of those funds because this is not in accordance with how the Commission appropriated it in the beginning. Use 75,000 for the Value Adjustment Board. Commissioner Teele: It's in the ordinance, right? Mr. Vilarello: It's in the ordinance. Ms. Haskins: It doesn't -- it really wouldn't change the ordinance. It's just -- Commissioner Teele: But -- so, what I would be moving, as an amendment, would be a text change including that language into the ordinance, not changing the numbers, OK? Mr. Vilarello: That's fine. Commissioner Tecle: So, I would -- Vice Chairman Winton: I second that motion. Commissioner Teele: All right. Chairman Regalado: No. We have -- we need to finish voting. Commissioner Teele: No. It's an ordinance. You can't vote -- if you vote, you're going to -- have to redo the ordinance. Chairman Regalado: I know, but two Commissioners already voted. Commissioner Sanchez: There was a -- no. There was a motion and a second, and all we have to do is accept the amendment. Mr. Walter Foeman (City Clerk): I was reading an emergency ordinance. 256 December 13, 2001 • 0 Chairman Regalado: Oh, OK. Mr, Foeman: Before he -- before Commissioner Teele introduced the motion. Chairman Regalado: Yeah. But I thought that -- Mr. Foeman: I didn't finish the roll call. Chairman Regalado: -- Commissioner Gonzfilez voted. Mr. Foeman: Yeah. I didn't finish the roll call. Chairman Regalado: That's why. That's what I'm saying. Commissioner Teele: But he didn't finish the roll call. You know what Mason's Rules of Order says on a case like this? Chairman Regalado: No, sir. Commissioner Teele: I don't either. But -- Vice Chairman Winton. So, let's do it. Commissioner Sanchez: He's the maker of the motion, so he could accept the amendment. Commissioner Teele: I'm the maker of the motion, right? Commissioner Sanchez: No, he is. Commissioner Teele: OK. Commissioner Gonzdlcz: I am. Commissioner Teele: Will you accept the amendment? Commissioner Gonzalez: Yes. Commissioner Teele: All right. Chairman Regalado: OK. Hey -- Vice Chairman Winton: Start the roll call. Commissioner Teele: Start the roll call again. 257 December 13, 2001 Mr, Foeman: I've got to start the roll call again. Chairman Regalado: OK, Commissioner Teele: Second roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12128, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE, TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002, AND TO REVISE CERTAIN ONGOING CAPITAL IMPROVEMENT PROJECTS AND MAKE APPROPRIATIONS FOR NEW PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2001-2002; FURTHER APPROVING CHANGES TO THE TABLE OF ORGANIZATION ADOPTED SEPTEMBER 25, 2001 FOR FISCAL YEAR ENDING SEPTEMBER 30, 2002; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Gonzalez and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None. 258 December 13, 2001 0 Whereupon the Commission on motion of Commissioner Gonzalez and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12170. Chairman Regalado: We need to finish some items. Ms. Billberry: I'm sorry. Can I have a resolution associated with that seventy-five thousand dollars ($75,000) to extend -- I mean, excuse me -- increase the contract with the appraisal consultants to an amount not to exceed 150,000, with 75,000 coming from Asset Management's account 81010170, and 75,000 from CIP 344102? Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: There's a motion, been moved and second. All in favor signify by saying LL ff aye. The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-1336 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-76 TO INCREASE THE TOTAL ANNUAL AMOUNT AUTHORIZED FOR APPRAISAL CONSULTANT SERVICES COSTS, IN AN AMOUNT NOT TO EXCEED $75,000, FROM $75,000 TO $150,000, SUBJECT TO AVAILABILITY OF FUNDS; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 810101-270, IN AN AMOUNT NOT TO EXCEED $75,000, AND FROM CAPITAL IMPROVEMENT PROJECT NO. 344102, IN AN AMOUNT NOT TO EXCEED $75,000. 259 December 13, 2001 0 0 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel GonzAlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr, NAYS: None. ABSENT: None. 260 December 13, 2001 Chairman Regalado: Johnny, we're back to your item. You need -- Item 13. Vice Chairman Winton: I think that was on the King Orange Bowl Parade. And, as I said -- Chairman Regalado: Oh, yes, sir. The King Orange Bowl Parade -- Commissioner Sanchez: What are they short, nine thousand dollars ($9,000)? Vice Chairman Winton: Nine thousand one hundred and twenty-three dollars ($9,123) and -- Chairman Regalado: -- the King Mango Strut -- Vice Chairman Winton: No, that's different. Chairman Regalado: -- and the Miami Jazz Festival. Vice Chairman Winton: Right. All three of those are coming. Chairman Regalado: All three of them. OK. Vice Chairman Winton: So, the Orange Bowl Parade is asking for an additional allocation of nine thousand four hundred and twenty-two dollars and eight cents ($9,122.08). And it is as a result of the increased cost associated with security for that parade for all the people coming; into the City of Miami -- into our City as a result of 9111. Commissioner Teele: Second the motion. Chairman Regalado: It's already been announced that there's going to be 20 percent more police officers. And it's already been announced by the Orange Bowl Committee in a press release that we got at the radio station. Vice Chairman Winton: And this isn't going to be anywhere near all the costs. Chairman Regalado; It's a motion. It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. 261 December 13, 2001 The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01 1337 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATED TO THE KING ORANGE BOWL PARADE ("PARADE") TO BE CONDUCTED BY THE ORANGE BOWL COMMITTEE, INC. ("COMMITTEE") ON DECEMBER 31, 2001; PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF REQUIRED PERMITS BY THE POLICE DEPARTMENT AND OTHER DEPARTMENTS REGULATING SUCH EVENTS; WAIVING THE APPLICABLE FEE FOR THE USE OF THE PUBLIC RIGHT-OF-WAY FOR SAID PARADE; GRANTING VENDING RIGHTS TO THE COMMITTEE CONSISTENT WITH AN AGREEMENT WITH THE BAYFRONT PARK MANAGEMENT TRUST; ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE PARADE; AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $9,422.08 FROM ACCOUNT CODE NO. 001000921054.289, FOR PAYMENT OF ENHANCED POLICE SERVICES FOR THE PARADE; SAID AUTHORIZATIONS CONDITIONED UPON THE COMMITTEE: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE, TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. (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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 262 December 13, 2001 Chairman Regalado: Next. Jack King: Mr. Chairman. Chairman Regalado: Oh, I'm sorry. Mr. King: Before you go a little too far. Jack King again. Since you all have moved this two hundred and sixty odd thousand dollars ($260,000) into the special events category, does that mean that the City will, in fact, pay itself for these fees? They're no longer being waived. They're being paid out of this fund, is that correct? And the reason I ask you is because in Coconut Grove, we have impact fees for the festivals. I think we're the only area in the City that has that. Chairman Regalado: No. Little Havana has, too. Mr, King: Oh, I'm sorry. I stand corrected. But it's different than it is in other parts of the City. We also have 90 percent of the Festivals in the types of things that you're waiving here. But is that the way it actually works now? So, the Festival district Advisory Board does not lose; the ten thousand dollars ($10,000) that you waived from the Coconut Grove Arts Festival? Because that was part of the fee waivers. Chairman Regalado: No, I don't think it works like that. Vice Chairman Winton: No, I'm not sure either. Mr. King: That's why I'm asking you. Chairman Regalado: No, it doesn't work like that. Vice Chairman Winton: I don't think so. Carlos Gimenez (City Manager): No. We use those for real out of pocket expenses that we give like in kind services or something like that. When we have to pay Police or Fire overtime, we use out of that pot to pay the Police, Fire, Sanitation overtime, et cetera. Mr. King: So, the fee waiver still stands, is that correct? So, that means the Festival District Advisory Board does not get the ten thousand dollar ($10,000) City Commission mandated fee paid to it as an impact for using the two parks in Coconut Grove, is that correct? Vice Chairman Winton: Correct. 263 December 13, 2001 • 0 Mr. King: well, then how -- And I guess we run into a catch-22 here is, how do we maintain these facilities if we don't have the impact fees, unless the City is going to fund -- Vice Chairman Winton: Because the Arts Festival is doing the maintaining and putting back everything that they've done. How much money have you guys -- has this Festival Committee spent on those two parks, by the way, over time? Mr. King: I do not know. I like to find out some day. Vice Chairman Winton: Bring me the number back, Jack, and we'll have something to talk about. Mr. King: Well, I -- OK. OK. Well, I don't think it's time to start waiving the fees. I mean, that was the whole intent -- Vice Chairman Winton: That's the motion that I think that we put forward and passed. Mr. King: I understand that. But that's -- we don't do that for everyone else. You didn't do it for Goombay. I mean, they still had to pay their fees. You haven't done it for the other events. Vice Chairman Winton: Well, that was last year. Mr. Gimenez: We do waive a lot of the fees. We don't waive -- Vice Chairman Winton: Yes, absolutely. Mr. Gimenez: -- the services. We -- the cost of the services. But -- Vice Chairman Winton: And Goombay doesn't pay the park fee. I don't know what you're talking about, then. Mr. King: No, they're not -- there were other fees waived for that one, because they're out -- actually, out of the Festival district. Vice Chairman Winton: Goombay didn't get fees waived last year, by the way, as Commissioner Teele will remind you, because last year I wasn't agreeing to waive anybody's fees. Mr. King: Well, then, I guess what I'm asking you here is if you're not going to use the Festival district Advisory Board and how it operates, it's probably time to dissolve them if you don't think it's worthwhile. But if you're going to do that, then let's fund Parks and Recreation to a point higher than selling more than two percent so you can maintain these facilities that get overused in Coconut Grove, like you cannot believe. Vice Chairman Winton: Don't disagree with that at all. 264 December 13, 2001 Chairman Regalado: What the Festival should do, it should be the marketing arm of Coconut Grove. That committee should do the marketing. Vice Chairman Winton: And by the way -- Mr. King: But that's not the way it was constructed, Mr. Chairman. Vice Chairman Winton: Mr. Chairman, that's a different -- I think -- you know, that's a subject for another time. Commissioner Teele: That's another -- Vice Chairman Winton: And I'm not -- Chairman Regalado: No, I understand. But he's talking -- Vice Chairman Winton: Frankly, it's 8:30 at night and I don't feel like getting into a debate with Jack about what we're going to do with all of this. Chairman Regalado: -- of dissolving. Mr. King: I'm not debating you. I'm just -- that's all I want you to do is be cognizant of what's happened here. Vice Chairman Winton: Oh, no, I agree. Mr. King: So it doesn't get forgotten like so many other things. Vice Chairman Winton: I don't disagree with that at all. 1100 percent agree with you. Mr. King: All right. And, you know, and next year will come around it will be, you know, late December, and the Arts Festival will be doing the same thing again and the same thing will happen again. Let's pick that up in January or February rather than in -- Vice Chairman Winton: No. I agree with you 100 percent. Mr. King: All right. Chairman Regalado: We agree. Vice Chairman Winton: That's exactly right. Agreed. Chairman Regalado: OK. Vice Chairman Winton: I agree. 265 December 13, 2001 Chairman Regalado: We voted on that resolution. We did vote on the Orange Bowl. So, we have -- Commissioner Tecle: Did you have anymore, Commissioner Winton? Vice Chairman Winton: Yes. I have two more. One is -- Chairman Regalado: Mariano. Mr. Mariano Cruz: Yes, I'd like to say one thing. Mariano Cruz, 1227 Northwest 26th Street, in the Allapattah neighborhood. And that's what I'm going to say. That money that was just from the budget, (INAUDIBLE) that can be used -- is that going to be used for specific places, like Coconut Grove, or Bayfront or any neighborhood? Because, see, we have a problem sometimes in the parks (INAUDIBLE). They tell you have a Festival, then you get to have 15 policemen to the rescue, so many police. By the time you finish paying all those salaries, there is no money left for the charity that the people are doing there. Vice Chairman Winton: Mariano, this isn't real money. This is permit fees that the City charges -- that goes over here -- it doesn't have anything -- these things have nothing to do with the, cost of Fire and Police and Solid Waste. Mr. Cruz: Yeah, but -- excuse me. Vice Chairman Winton: These are all the permit fees. Mr. Cruz: Knowing about that, you've got to be realistic about the -- Vice Chairman Winton: I guess it is real money. Real revenue to the City. Mr. Cruz: (INAUDIBLE) neighborhood park is not like Bayfront Park. Vice Chairman Winton: Sorry about that. I corrected myself. Mr. Cruz: That's why I like to stay late, because they could pass some of these little things fast that the people don't know anything about. Chairman Regalado: We -- OK. King Mango. Vice Chairman Winton: And this is again waiver of permits in the same fees that we waive on everything else for King Mango Strut, and is there anything else in here that they required? And Commissioner Teele: Second the motion. Now, let me just ask this. Jack, you want -- you don't want their fees waived, either, though, right? It's a rhetorical question. 266 December 13, 2001 Mr. King: Well, it was only one -- is a fair way to do this. If, you know, you're going to fund, you know -- the King Mango Strut doesn't use the parks. That's one dramatic difference here, all right. If you have a three-day event with 800,000 people in the parks, you need to have some money. Commissioner Teele: Jack, you know what I was hoping you'd say? Mr. King: What -- yes. Commissioner Teele: Is thank you for giving us support for King Mango Strut again. Mr. King: Well, thank you again. I do appreciate that. But also understand, let's take the parks budget from two percent to 10 percent, and you can take it out of Police. How's that? Vice Chairman Winton: Or Bobby -- Mr. King: (INAUDIBLE) love that one. Chairman Regalado: Is there a motion? Commissioner Teele: He has a motion and a second. Vice Chairman Winton: So moved. Chairman Regalado: OK. There is a motion and a second. Commissioner Teele: What's the total amount, Commissioner Winton? Vice Chairman Winton: Three thousand, two hundred and twenty-one dollars ($3,221) Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 267 December 13, 2001 The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1338 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE KING MANGO STRUT, WHICH WILL TAKE PLACE ALONG THE STREETS OF DOWNTOWN COCONUT GROVE ON DECEMBER 30, 2001; AUTHORIZING THE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW AND THE PROVISION OF SERVICES, IN AN AMOUNT NOT TO EXCEED $3,221; AUTHORIZING THE ALLOCATION OF FUNDS FOR SAID SERVICES, FROM ACCOUNT CODE NO. 001000921054.289; SAID AUTHORIZATION CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL NECESSARY COSTS OF ALL OTHER CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. (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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 268 December 13, 2001 ,12 AUTHb RIE UNDINE OR C( -ST 1NCU'RRED �Y PARTNIEN QF F� z E F , AC R DS` ATI BY COM MISS ON TA R D TA ?N LAV.— ENS R NDN �C NAILS, INCR (C.AL1); ATHOIUZE 11ANGER TO ISN �ERTT( RWYMENT'; C�01 TWEI`I?-FQI1R IV�NT L13 G IT7QT RGE A,LOCAt G $9000 AW E CENT `'RTS'`F . as. Chairman Regalado: Miami Jazz Festival. Vice Chairman Winton: And I have one more, but I've got to read it, So, jump to the next one. I've got to ask a couple questions about my last one. Chairman Regalado: OK. Commissioner Sanchez, you have a pocket item? I have some appointments. We need to do the appointments. Commissioner Sanchez: Yes, sir. My pocket item is simple one. All that we're asking here is the law enforcement -- City of Miami is asking -- respectfully requesting the City Commission consider authorizing funding for the expenses and fees necessary for the accreditation process conducted by the Commissioner of accreditation for law enforcement agencies in an amount not to exceed 9,690, utilizing Law Enforcement Trust Fund money. This is law enforcement are certified every five years by GALEA (Commission on Accreditation for Law Enforcement Agencies) standards, and that's that they're asking for. Commissioner Teele: Second. Chairman Regalado: There is a motion and a second. All in favor signify by saying "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 01-1339 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING, IN AN AMOUNT NOT TO EXCEED $9,690.00, FOR COSTS INCURRED BY THE DEPARTMENT OF POLICE FOR THE ACCREDITATION OF SAID DEPARTMENT BY THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. (C.A.L.E.A,); FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH C.A.L.E.A. FOR A PERIOD OF TWENTY- FOUR (24) MONTHS TO COMPLETE THE ACCREDITATION PROCESS; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. 269 December 13, 2001 C� • (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: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 270 December 13, 2001 0 • �3, APvl �s CosolrP W I H `AGLA o CoN F To D ANNUALoSPE YQH.E�'LSQ CE�ULQIH 3 €s 200 A : MIAMT A NA, RR II�E FQIt RENTAL OF.. iVITAMI ARENA, 6,Q00,04: , Chairman Regalado: You're still there, Johnny, or you want us to -- OK. There is pocket item by Commissioner Teele. Commissioner Teele: Mr. Chair -- Chairman Regalado: Yes, sir. Commissioner Teele: Mr. Chairman, on Tuesday we passed a resolution appointed the City's co- sponsorship with the Eagle Care Production for their 2nd Gospel Youth Explosion. This motion would reschedule the date of the event to Saturday, March 30th, and that's the only change, at the Miami Arena. So moved. Chairman Regalado: It's been moved. Is it -- do we have a second? Commissioner Gonzalez: Second. Chairman Regalado: It's been second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-1340 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY'S CO-SPONSORSHIP OF THE 2ND ANNUAL GOSPEL YOUTH EXPLOSION SPONSORED BY THE EAGLE CARE PRODUCTION, INC. ("ORGANIZER") TO BE HELD ON MARCH 30, 2002, AT THE MIAMI ARENA; AUTHORIZING THE WAIVER OF RENTAL FEES AT THE MIAMI ARENA, IN AN AMOUNT NOT TO EXCEED $6,000.00, CONDITIONING SAID CO-SPONSORSHIP AND AUTHORIZATION UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. 271 December 13, 2001 • • (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzdlez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 272 December 13, 2001 0 • Commissioner Teele: And I would like to appoint to the Technology Committee -- Community Technology Advisory Board Dr. Judy Brown, Vice President of Programs at the Miami Museum of Science. Commissioner Sanchez: Second. Chairman Regalado: It's a motion by Commissioner Teele, second by Commissioner Sanchez. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-1341 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on rile in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 273 December 13, 2001 0 0 Vice Chairman Teele: And I would like to reappoint Anthony Robbins and Reverend Bennett to the Community Relations Board. Commissioner Regalado: Thank you very much. It's important. There is a motion. Is there a second? Commissioner Gonzdlez: Second. Commissioner Regalado: Second by Commissioner Gonzdlez. All in favor say "aye." The Commission (Collectively): Aye. Commissioner Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 01-1342 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 274 December 13, 2001 56,E DINT IA I N SALAZAR .AS ME ERk .E TAM S'OR S .AND ENHIEM. O jr g4 7 P?O�TT GH`II2M1 REGALAI] A MEMBER AGTiN � �R$ON TNS ASENGE OF MAYOR. OF �VIIAIVI SPQRTS A E'41��0 QI�TI ORI", APFO� L FFrR�i AND�I�R'rO�I�SB . S Q Commissioner Regalado: Yes, sir, Commissioner -- I may have some appointments, but I'd like to appoint myself for Miami Sports and Exhibition Authority. As you remember -- Vice Chairman Teele: Replacing who? Commissioner Regalado: Replacing Commissioner Winton as vice chair, However, Commissioner Winton will appoint for temporary position a person, and then I can appoint myself. Vice Chairman Winton: And I move to appoint -- Commissioner Sanchez: But wait, wait, wait. Vice Chairman Teele: Just so, Commissioner, if I could, just to emphasize this. I'd be happy to take the chair for the purpose of allowing you to self -appoint. No one can do that for you. You have to self -appoint yourself. Commissioner Regalado: No. That's what I'm saying. But first Commissioner Winton has to appoint one of my -- Vice Chairman Winton: I have an open seat, and I'm going to appoint, for a two-month term, that open seat. I'm going to appoint Marian Salazar. Vice Chairman Teele: And I second the motion, Mr. Chairman. Commissioner Regalado: OK. Thank you very much. Now -- Vice Chairman Teele: You've got to move and second that. Commissioner Regalado: Yes. There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. 275 December 13, 2001 0 0 The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1343 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY BOARD FOR TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Tecle, Jr. NAYS: None. ABSENT: None. Commissioner Sanchez: Mr. Chairman, if I may. I mean, have we afforded the opportunity to the new Commissioner to review some of the boards that are open, so that he -- Commissioner Regalado: Oh, yeah, yeah, yeah. He's going to do some appointments right now. Vice Chairman Teele; Before you do -- Commissioner Regalado: Before I -- I need to adjourn -- Vice Chairman Teele: Mr. Chairman, just hold it. If you would yield to me for a minute. Commissioner Regalado: Absolutely. Vice Chairman Teele: I would accept a motion by you to self -appoint. Commissioner Regalado: I am making a motion to accept myself -- Vice Chairman Teele: In replace of. Commissioner Regalado: In replace of Commissioner Johnny Winton as vice chair of Miami Sports and Exhibition Authority. Vice Chairman Tecle: And removing who from the board? 276 December 13, 2001 0 r Commissioner Regalado: And removing Marian Salazar. Vice Chairman Teele: Is there a second? Commissioner Sanchez: Second. Vice Chairman Teele: Moved by Commissioner -- by Chairman -- by the Chairman to self- appoint elfappoint himself, and replacing the stated name, Ms. -- Commissioner Regalado: Salazar, Vice Chairman Teele: -- Salazar. And further designating the Chairman as the Commission representative as vice chair to the MSEA Board. Is there unreadiness? Commissioner Regalado: Yes, Vice Chairman Teele: All those in favor say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed. The following resolution was introduced by Vice Chairman Regalado, who moved its adoption: RESOLUTION NO. 01-1344 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER TOMAS REGALADO AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 277 December 13, 2001 Vice Chairman Teele: Yield back to you, Mr. Chairman. Commissioner Regalado: Thank you, Commissioner. Commissioner Gonzalez, you have several appointments. Vice Chairman Teele. He's got a lot of appointments. Commissioner Regalado: You have all the appointments. You have all the appointments. But I don't know if you're prepared to do all of them today or you -- Commissioner Gonzalez: No. I'm just going to make -- I'm just going to do Miami Sport and Exhibition Authority. Commissioner Regalado: Go ahead, sir. Commissioner Gonzalez: I'm going to reappoint Eli Feinberg and I'm going to be occupying Jose Gonzalez' position. Commissioner Regalado: OK. Commissioner Gonzalez -- Vice Chairman Teele: Second the motion. Commissioner Regalado: -- has appointments and reappoint Eli Feinberg. Commissioner Gonzalez: Feinberg. Commissioner Regalado: That is a motion. We have a second. All in favor say "aye." The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 01-1345 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") BOARD FOR TERMS AS DESIGNATED HEREIN. 278 December 13, 2001 0 0 (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: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman Johnny L. Winton ABSENT: None. Vice Chairman Teele: Eli Feinberg -- Commissioner Regalado: Eli, sir. Vice Chairman Teele: -- clearly qualifies as the one man who's had 100 lives, He was appointed by Miriam Alonso -- Commissioner Regalado: What was that motion? Commissioner Regalado: The motion for Commissioner Gonzalez' appointees. He reappointed Eli Feinberg and appointed himself, removing one person. Vice Chairman Winton: Did we vote on that yet, on Eli Feinberg? Vice Chairman Teele: No. Commissioner Regalado: Yeah, we did. Vice Chairman Winton: Well, I didn't vote. Commissioner Regalado: Oh, I'm sorry. He had a motion -- Vice Chairman Winton: And my vote is "no." Commissioner Regalado: OK. All right, sir. We show Commissioner -- Vice Chair Winton voting "no" on Eli Feinberg reappointment. Three -- hey, and we do it here. 279 December 13, 2001 0 0 57, ; RK NIEFT `WIT CON �IISSI NES COI�ALt T� R VIEVY I _. Commissioner Teele: Mr. Chairman, may I ask Commissioner Gonzalez if he is prepared to accept at least the chairmanship of the International Trade -- Vice Chairman Winton: I'm not giving up International Trade Board, Chairman Regalado: No, he's not giving -- remember that -- remember, he's not giving it. He had -- Vice Chairman Winton: I said that, you know, when you brought that up before? Chairman Regalado: Remember when we discussed that, that he -- Johnny had some things to do. Vice Chairman Winton: You guys drafted me into that. In fact, you guys drafted me into all of these jabs. Commissioner Teele: But, Johnny -- Vice Chairman Winton: And I'm just getting it rolling. I'm not prepared to resign from International Trade Board. Commissioner Teele: But, Johnny, let me say this. And that's fine and I don't -- I ain't got a dog in the hunt or a cat in the fight. All the Commissioners generally chair something. Chairman Regalado: I didn't for a few years. Commissioner Teele: Well, I'm just saying -- Chairman Regalado: But I was the outcast then. Vice Chairman Winton: And I've seen Commissioners sit on these boards -- including since I've been here -- for years, so -- you know, I've been on it for one. Chairman Regalado: But let's do this, Commissioner Teele, Commissioner Teele: I ain't in it. I'm through. Chairman Regalado: No, no. Let's do this. Commissioner Sanchez: I don't have a dog in this hunt. Chairman Regalado: Let's have the City Clerk meet with Commissioner Gonzalcz to explain all the boards. Any boards that you choose and if there is something that needs to have a chairman 280 December 13, 2001 or -- there are several new boards in the City of Miami. So, you need to know those boards. And by January 10th, we need to make all the appointments and you will -- somebody will appoint you as chairman of whatever board, if you wish, if you wish. I can tell you that we have the Little Havana Festival Committee that I used to chair, but I don't -- I can't because of the time conflict. That is open in case you want it as chairperson. But you need to know all the boards, so -- the only appointment that Commissioner Gonzdlez has made today is Miami Sports and Exhibition Authority. Mr. Clerk, you should communicate to MSEA that they're having in the next meeting, which I think is the 18`h -- Commissioner Gonzalez? Commissioner Gonzdlez: Yes. Chairman Regalado; I think it's the 18th, the next meeting. You need to inform his office tomorrow of the next meeting. Mr, Walter Foeman (City Clerk): OK. Chairman Regalado: And communicate to the MSEA Executive Director to bring in, as soon as possible, the agenda. I mean, to me and to him. Commissioner Gonzdlez: Please. 281 December 13, 2001 • $ AP'(�T AL N SV4 ENY, FR INTIRD ,�N BILI 1VI� H ELSAY WSOit ASVIEMBh1Ifl� Q `COCONIJ� GRC� VB ]Gx AIQRY CQNIIVIITTEE. Commissioner Regalado: We have other appointments. Commissioner Winton -- Vice Chair Winton, Coconut Grove Parking Advisory Committee. Mr. Walter Foeman (City Clerk): Mr. Chairman, at the meeting in October, you appointed -- you had one at large appointment. That was Mr. Willie Johnson, and he has a conflict of interest. He actually works on Miami -Dade County, so we need a four/fifths override. And he has to be a resident of the City of Miami. Commissioner RegaIado: OK. You're listening to what he's saying? Vice Chairman Winton: No. I've got 14 conversations going on. Commissioner Regalado: OK. Listen to this, because we appointed -- you appointed for the Coconut Grove Parking Advisory Committee a Commission at large somebody who has a conflict because they're a Miami -Dade County employee. Mr. Foeman: Willy Johnson. So, if, in fact, he's a City resident, we can retain him. Vice Chairman Winton: I don't know what you're talking about. I've got a Commission at Large appointment Allen Sweeny, and then the rest of these: Frank Balzebre, Jay Windsor, Michael Spetko and Susan Billig. Commissioner Regalado: So -- excuse me. So, that would be your name, right? So, the only one is now what we did -- Mr. Foeman: Right. Vice Chairman Winton: Yeah. Mr. Foeman: I mean, you just have to make an appointment at large. Vice Chairman Winton: At large would be Allen Sweeny. Commissioner Regalado: OK. OK. Vice Chairman Winton: I'm sorry. The at large -- yes, Commissioner -- Chairman. Commissioner Regalado: OK. You have a motion. You have all the names, right? Mr. Foeman: For the at large, Commissioner mentioned -- Commissioner Regalado: Allen Sweeny. 282 December 13, 2001 Vice Chairman Winton: Allen Sweeny. Commissioner Regalado: Allen Sweeny and all the other names, the Coconut Grove Village Council. Mr. Foeman: Yeah. Those are lust confirmations. Commissioner Regalado: One, two, three, four. Mr. Foeman: The other four. Commissioner Regalado: Do we have a second? Commissioner Gonzalez: Second. Commissioner Regalado: OK. It's been seconded by Commissioner Gonzdlez. All in favor say 64 aye." The Commission (Collectively): Aye. Commissioner Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1346 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None, ABSENT: None. 283 December 13, 2001 i • . APPOI�( ATi QA�?BF.R` �IS'RICT 2`�TOR �tESEIATI(N�52Y BQAItD;: Commissioner Regalado: Historic -- District 2, Historic Preservation Advisory Board, Vice Chairman Winton, Vice Chairman Winton: Let's see. Cathy Coats, Neal Robertson, Arva Parks, Dolly Macintyre - - who's this? What's this name? Maria T. Mascarenas (Senior Administrative Assistant): Grisette Marcos. Vice Chairman Winton: Grisette Marcos for Bayside Homeowners Association. And Morningside Homeowners Association Bill Hopper. Commissioner Sanchez: You're appointing all those people? Commissioner Regalado: Yeah. Vice Chairman Winton: That's District 2 Historic Preservation Board. Commissioner Sanchez: (COMMENTS OFF THE RECORD). Vice Chairman Winton: I think two more. There's a commission at large and one more -- and the Mayor's got to make an appointment. The Commission at large has got to make an appointment and I've got to make one more. Commissioner Regalado: OK. It's been -- it's a motion by Vice Chair -- Commissioner Sanchez: Second. Commissioner Regalado: Second by Commissioner Sanchez. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1347 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE DISTRICT TWO HISTORIC PRESERVATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. 284 December 13, 2001 E 0 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 285 December 13, 2001 -7 777 0 PI� NTT N ON'I IEPART1V. T Ql 1ViA�T GE11 N UDG : IS �,i4T` (fNC IN�'��y�TR�S �CYM 1 t I*�II�AT S Commissioner Regalado: Commissioner Winton, you have an appointment on the Health Facilities Authority. What do you want to do? Vice Chairman Winton: We don't have one. Commissioner Regalado: OK. We'll defer that for January the 10'h. Commissioner Sanchez: Is that it? Commissioner Regalado: That's it. Commissioner Sanchez: Move to adjourn. Commissioner Regalado: Wait, wait, wait. We have -- no, Pm no going to do anything, Art. No. We have a departmental presentation, but we need to do this -- Carlos Gimenez (City Manager): We'd like to move that departmental presentation to the next meeting. There is another item that you have though. Commissioner Sanchez: Great call, Mr. City Manager. Great call. Commissioner Regalado: The tracking system for complaints. Mr. Gimencz: That's correct. Commissioner Regalado: For the Department of Fire Rescue. And recommendations of an office to review complaints against employees with enforcement power. Mr. Gimenez: Yes, sir. Commissioner Sanchez: Well, I move to defer the item. It's a little late. Commissioner Regalado: Commissioner -- Commissioner Sanchez: Move to defer the item. Vice Chairman Winton: What's that? Commissioner Sanchez: To the next Commission meeting. Vice Chairman Winton: Which one's that? 286 December 13, 2001 0 Vice Chairman Teele: Second. Commissioner Regalado; It has to do with (INAUDIBLE) Reyes and what happened here and that was a night to remember. That was a night to remember. Vice Chairman Teele: (COMMENTS OFF THE RECORD) Mr. Gimenez: I suggest that we yield. Like to take the item now, and I won't be sitting here. But it would be -- Commissioner Regalado: Why? Why won't you want to do that? Mr. Gimenez; No. That's fine. I mean, I'm just kidding. But it's something that -- the Fire Chief's ready to go and it shouldn't take long, and we get this over with. Commissioner Sanchez: Mr. Chairman, call the question. The item has been deferred. Commissioner Regalado: Move to adjourn by Commissioner -- Vice Chairman Winton: No, no. I have one more. Commissioner Regalado: Oh, OK. Vice Chairman Winton: I have one more. Commissioner Sanchez: No. The item -- Vice Chairman Winton: The one that I was still -- Commissioner Sanchez; We're deferring the item to next Commission meeting. Let's vote on that. Commissioner Regalado: No, no. He has thing for the Jazz Festival. Commissioner Sanchez: No. But we didn't vote on deferring that item. We've got to vote on it. Defer the item. Commissioner Regalado: What item? No. It's been deferred. The item that the Manager wanted has been deferred. Commissioner Sanchez: We didn't vote on it, but it's OK. Go ahead. Next. 287 December 13, 2001 �1; I J 2 FESTIVAL TO BE'I EIaU �` AWTV PRC9VIEI N; JA] X i 9, 2002; ACC THORTZE WAI It O F S I? R1VI R~ TON OF SERVICES ,?EP'1V�f'T�e F FLICE _ IRETTF; i 1 AP AUiQRI�ATONS _CO i�TIO QT OR�TIZRS4 �; Commissioner Regalado: Go ahead, sir. Vice Chairman Winton: This is another resolution on the -- what's that fund called? Commissioner Regalado: Jazz Festival. The Jazz Festival. Vice Chairman Winton: Yeah, the special events account for the Miami Jazz Festival. And just to make sure it's clear here, the things that are coming out, apparently, of the special events fund is not just a waiver of the fees. .It's a waiver of the Fire and Police costs for those events that come out of the special events fund. Vice Chairman Teele: It's no a waiver. It's a reimbursement for payment. Vice Chairman Winton: Correct, correct, reimbursement. Sorry. Thank you. And, so, for the Miami Jazz Festival, that total amount is ten thousand, two hundred and twenty-three dollars and ninety-five cents ($10,223.95). So moved. Vice Chairman Teele: Second, Commissioner Regalado: It's been moved and seconded by Commissioner Teele. All in favor say "aye." The Commission (Collectively): Aye. 288 December 13, 2001 The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 01-1348 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE MIAMI JAZZ FESTIVAL, TO BE HELD AT THE BAYFRONT PARK PROMENADE ON JANUARY 18-19, 2002; AUTHORIZING THE WAIVER OF FEES AND PERMITS PERMISSIBLE BY LAW AND THE PROVISION OF SERVICES FROM THE DEPARTMENTS OF POLICE AND FIRE - RESCUE, IN AN AMOUNT NOT TO EXCEED $10,223.95; AUTHORIZING THE ALLOCATION OF FUNDS FOR SAID SERVICES, FROM ACCOUNT CODE NO. 001000921054.289; SAID AUTHORIZATIONS CONDITIONED UPON THE ORGANIZERS. (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL NECESSARY COSTS OF ALL OTHER CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teale, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 289 December 13, 2001 0 {3 vsncITY IAM AND 1WHIL�RE V CIS Q T:A v Commissioner Regalado: City Attorney. Listen to this. We need to have an executive session on January the 10th, Would you want to do it in the morning or in the afternoon? I would suggest to do it at 2 o'clock, because that way the executive session with the City Attorney -- Vice Chairman Teele: On what issue? Commissioner Regalado: On what issue? Alejandro Vilarello (City Clerk): It's on three cases. The Jessie Runyens versus City of Miami case. It's one of the cases that's conflicted out, The Young versus the City of Miami case, it was one of the cases that was considered on the Consent Agenda, referring to outside counsel. And the Whilsire versus the City of Miami case, also was the subject of CA -23 in the referral to outside counsel. And it -- just requesting the executive session on January 10th at 2 p.m. 290 December 13, 2001 L� 63POIN ''.JQS TINA SAN HEZ.r P N1 Q S S M)3 I "DF. OM IISS ©N OF WOMET ;..jkq Commissioner Regalado: OK. I forgot to appoint Josefina Sanchez Panda to the Commission of the Status of Women. Vice Chairman Teele: I would so move on behalf of the Chairman. Commissioner Regalado: Thank you very much, sir. Vice Chairman Teele: Is there a second? Commissioner Regalado: Is there a second? Vice Chairman Teele: Call the question. Commissioner Regalado: All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO, 01-1349 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Chairman Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 291 December 13, 2001 u 0 Vice Chairman Teele: Mr. Chairman, I have one final item for the management, non-financial matter. I've received a letter from the Commissioner Barbary Carey regarding the 2000 Miami Music Fest. I know that the Mayor is very much involved in this, and I would request that the Manager instruct staff to meet with Dr. Carey and the various venues and to determine how we can provide the maximum in kind support, followed by a recommendation regarding the request for one hundred thousand dollars ($100,000) that is being requested. I would so move. Now, hear what I said: In kind support and then for you to make a recommendation regarding the one hundred thousand dollar ($100,000) request. Carlos Gimenez (City Manager): Yes, sir. Commissioner Regalado: There is a motion. Commissioner Sanchez: Second. Commissioner Regalado: It's been seconded. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 01-1350 A MOTION REQUESTING THE CITY MANAGER TO INSTRUCT APPROPRIATE STAFF TO MEET WITH MIAMI-DADE COUNTY COMMISSIONER BARBARA CAREY AND OTHER AFFECTED INDIVIDUALS AND ENTITIES TO DETERMINE HOW THE CITY CAN PROVIDE THE MAXIMUM IN-KIND SUPPORT FOR THE "MIAMI MUSIC FEST" EVENT SCHEDULED FOR SEPTEMBER 1-2, 2002 AT BAYFRONT PARK; FURTHER DIRECTING THE MANAGER TO COME BACK WITH A RECOMMENDATION REGARDING THE REQUEST FROM MIAMI-DADE COUNTY COMMISSIONER CAREY ON BEHALF OF THE MIAMI MUSIC FEST FOR $100,000. 292 December 13, 2001 0 0 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Regalado: Motion to adjourn. Commissioner Gonzalez: Second. Commissioner Regalado: OK. You all have a very Merry Christmas. Commissioner Sanchez: Happy Hanukkah. Commissioner Regalado: Happy Hanukkah. Happy Kwanzaa. Joyeux Noel. Feliz Navidad. Commissioner Gonzalez: Happy Holidays. Chairman Regalado: Happy holidays, whatever. 293 December 13, 2001 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:47 P.M. ATTEST; Walter J. Foeman CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK (SEAL) MANNY DIAZ MAYOR 294 December 13, 2001 0 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:47 P.M. MANNY DIAZ MAYOR ATTEST: Walter J. Focman CITY CLERK Sylvia Scheidcr ASSISTANT CITY CLERK IWE .: ✓ Jl 294 December 13, 2001