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HomeMy WebLinkAboutCC 2003-10-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, October 9, 2003 9:00 AM REGULAR MEETING (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Johnny L. Winton, Chairman Arthur E. Teele, Jr., Vice Chairman Angel Gonzalez, Commissioner District One Joe Sanchez, Commissioner District Three Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes October 9, 2003 CONTENTS PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES APPROVING MINUTES CONSENT AGENDA MAYOR AND COMMISSIONERS' ITEMS PUBLIC HEARINGS SECOND READING ORDINANCE FIRST READING ORDINANCES RESOLUTIONS BOARDS AND COMMITTEES DISCUSSION ITEMS MEETING CALLED TO ORDER Present: Commissioner Regalado, Vice Chairman Teele and Chairperson Winton Absent: Commissioner Gonzalez and Commissioner Sanchez On the 9th day of October 2003, the City Commission ofMiami, Florida, met in the Commission Chambers in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:09 a.m. by Chairman Johnny Winton. ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES There were no vetoes by the Mayor. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: APPROVED REGULAR MEETING OF FEBRUARY 14, 2002 PLANNING AND ZONING MEETING OF MARCH 7, 2002 SPECIAL MEETING OF MARCH 27, 2002 The minutes of the above listed meetings were approved by the following vote: City ofMiami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Moved: Vice Chairman Teele Seconded: Commissioner Regalado Absent: Commissioners Sanchez and Gonzalez City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 CONSENT AGENDA CA.1 03-0011 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF A ONE -WHEEL LOADER (3.30 CU. YD., 170 HP), FROM RINGHAVER EQUIPMENT COMPANY FOR THE DEPARTMENT OF SOLID WASTE, AWARDED UNDER EXISTING STATE OF FLORIDA BID NO. 760-001-03-1, EFFECTIVE THROUGH MAY 31, 2004, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $148,218, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 353010.329402.6. 840. 03-0011- cover memo.pdf 03-0011- budgetary impact analysis.pdf 03-0011- memos from solid waste.pdf 03-0011- supporting documents.pdf 03-0011- award under state of Fl.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1083 CA.2 03-0016 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE BELAFONTE TACOLCY CENTER TO EXTEND THE TERM OF THE EXISTING AGREEMENT FROM OCTOBER 1, 2003 TO SEPTEMBER 30, 2004, TO CONTINUE THE IMPLEMENTATION OF A SPORTS DEVELOPMENT PROGRAM AT THE BELAFONTE TACOLCY CENTER; AND REPLACING ATTACHMENTS I AND II OF THE AGREEMENT TO SET FORTH THE DEVELOPMENT PROGRAM AND THE BUDGET SUMMARY, ATTACHED AND INCORPORATED, IN AN AMOUNT NOT TO EXCEED $86,675; ALLOCATING FUNDS FROM THE BUDGET OF THE NON -DEPARTMENTAL ACCOUNT, NO. 001000.921002.6.930 FOR FISCAL YEAR 2003-2004. 03-0016- cover memo.pdf 03-0016- budgetary impact analysis.pdf 03-0016- exhibits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 R-03-1084 CA.3 03-0018 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING AN INCREASE IN THE TOTAL COMPENSATION TO DAVISLOGIC INC., D/B/A ALL HANDS CONSULTING ("DAVISLOGIC"), APPROVED BY RESOLUTION NO. 03- 190, ADOPTED FEBRUARY 27, 2003, IN AN AMOUNT NOT TO EXCEED $480,920, FROM $578,140 TO $1,059,060; ALLOCATING FUNDS FOR SAID INCREASE FROM URBAN AREAS SECURITY INITIATIVE ("UASI") PROGRAM II GRANT PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.270; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND DAVISLOGIC TO PROVIDE PART C SERVICES, TERRORISM PREPAREDNESS PLANNING AND TRAINING SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE TO SUPPORT THE GRANT PROGRAM II; AMENDING RESOLUTION NO. 03-190 TO REFLECT SAID INCREASE. 03-0018- cover memo.pdf 03-0018- budgetary impact analysis.pdf 03-0018- memo from Fire.pdf 03-0018- supporting documents.pdf 03-0018- previous legislation.pdf 03-0018- professional service agreement.pdf 03-0018- psa amendment.pdf 03-0018- exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1085 CA.4 03-0017 RESOLUTION 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., TO CONTINUE TO PROVIDE AFTER -SCHOOL TUTUORING, COUNSELING AND COMPUTER EDUCATIONAL SERVICES FOR AT -RISK YOUTH AT THE CITY OF MIAMI'S MOORE PARK, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004, IN AN AMOUNT NOT TO EXCEED $115,452, ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930 FOR FISCAL YEAR 2003-2004. City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 03-0017- cover memo.pdf 03-0017- budgetary impact analysis.pdf 03-0017- exhibit 1.pdf 03-0017- exhibit 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1086 CA.5 03-0019 RESOLUTION CA.6 03-0039 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., IN AN AMOUNT NOT TO EXCEED $10,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ROBERT M. JASINSKI, ET AL VS. CITY OF MIAMI, CASE NO. 01-28889 CA (09), IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, A CASE RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 03-0019- cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-03-1087 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 03-0039- cover page.pdf 03-0039- board actions.pdf This Matter was on the Consent Agenda. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez Adopted the Consent Agenda Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 END OF CONSENT AGENDA Chairman Winton: Thursday, October 9, 2003 to order. Commissioner Regalado, would you mind doing the invocation today, and Commissioner Teele, the pledge? An invocation was delivered by Commissioner Regalado, followed by Vice Chairman Teele leading those present in a pledge of allegiance to the flag. Chairman Winton: Let the record show that there were no mayoral vetoes. We need a motion for approving the minutes of -- Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: Need a second. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second on the regular Commission meeting of February 14th, planning and zoning meeting, March 7th, and special meeting March 27th. Discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Need a motion on the consent agenda. Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: Mr. Manager, you want to pull any items on the consent agenda? Mr. Arriola: Not on consent. Chairman Winton: OK. We have a motion on the consent agenda. Need a second. Commissioner Sanchez: Second. Chairman Winton: Second on consent agenda. Discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON D2.1 03-0053 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, DECLARING A PUBLIC NEED FOR USE OF SEVEN RIGHTS -OF -WAY PARCELS OF INTERSTATE HIGHWAY 395, OWNED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE OPERATION BY THE DEPARTMENT OF OFF-STREET PARKING AS A PUBLIC PARKING LOT; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF OFF-STREET PARKING'S ("DOSP") EXECUTION OF THE AIRSPACE AGREEMENTS, AND ADDENDUMS TO THE AIRSPACE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, BETWEEN DOSP AND FDOT, FOR THE LEASE OF THE SEVEN PARCELS, AS SET FORTH IN THE ATTACHED AGREEMENTS AND ADDENDUMS. 03-0053- exhibit.pdf Motion by Vice Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1093 Chairman Winton: Is that it, Commissioner Sanchez? Commissioner Sanchez: Yes, sir. Chairman Winton: And I have one blue page item. It's related to rights -of -way parcels under 395. So, that's going to help get that parking that everybody -- Vice Chairman Teele: So moved, Mr. Chairman, on your behalf. Chairman Winton: -- needs. Commissioner Regalado: Second. Chairman Winton: Thank you, sir. Got a motion and a second. This is resolution only? All in favor "aye." City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 DISTRICT 3 COMMISSIONER JOE SANCHEZ D3.1 03-0077 DISCUSSION ITEM DISCUSSION CONCERNING APPOINTMENT OF BOARD MEMBERS TO THE NEWLY CREATED LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD. 03-0077- email Resolution adopted. See legislative file 03-0056 03-0056 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jorge Portuondo Commissioner Joe Sanchez (Public Advocate) Oscar Rodriguez Commissioner Joe Sanchez Carlos Lacasa Commissioner Joe Sanchez Pepe Sanchez Commissioner Joe Sanchez Zully Ruiz Commissioner Joe Sanchez Adrienne Arsht Commissioner Joe Sanchez Frank Martinez Commissioner Joe Sanchez 03-0056-memo.doc Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1091 Commissioner Sanchez: Mr. Chairman, my other item is the appointment of the board of the members of the newly created Little Havana Homeownership Advisory Board. And once we're able to confirm these names, we could have the first meeting of the Homeownership Board. And City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 the names that are being recommended to the board are Oscar Rodriguez, Zuli Ruiz, Adrian Arch, Frank Martinez, Carlos Lacasa, Pepe Sanchez, and a public advocate, who lives in District 3, Jorge Portuondo. So moved. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Winton: Discussion? Vice Chairman Teele: Discussion. Chairman Winton: Yes, sir. Vice Chairman Teele: No discussion. Chairman Winton: No discussion. All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. D3.2 03-0078 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BICYCLES" TO PROVIDE DEFINITIONS AND REGULATIONS FOR THE PROHIBITION OF THE OPERATION OF BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVISES ON THE SIDEWALKS OF SOUTHWEST 8TH STREET BETWEEN 4TH AVENUE AND TAMIAMI CANAL ROAD, MIAMI, FLORIDA; MORE PARTICULARLY BY AMENDING THE CHAPTER TITLE AND SECTIONS 8-1 AND 8-2, RENUMBERING SECTION 8-6 AS SECTION 8-7, AND ADDING NEW SECTION 8-6 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILLITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 03-0078 -cover memo.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Commissioner Sanchez: The second is an ordinance in my district, which basically, the ordnance itself -- do we have a copy of the ordinance, Mr. City Attorney -- which is an ordinance prohibiting operating of bicycles along Southwest 8th Street. Alejandro Vilarello (City Attorney): It's in the agenda package. Commissioner Sanchez: It's on the agenda package. And basically, what it does, it would limit all self-propelled devices, such as bicycles, skateboards and scooters whatsoever from the sidewalks of 8th Street. And that's something we've been working on with the merchants along that street, and it's something that in other parts of the community, such as Miracle Mile and Lincoln Mall and other areas, they have the same ordinance in place. And basically, we have City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 just received a lot of complaints. People stepping out of the stores and being struck by bicycles and scooters in the area. So, working through the merchants and the Legal Department, we presented this resolution, which is in support of the merchants of that area. And there were some amendments to it. We basically extended it -- Chairman Winton: Move it. Commissioner Sanchez: We extended the area. So, I'm prepared to -- if you are in possession of this resolution, I am prepared to move the resolution for first reading. So moved. Chairman Winton: Got a motion. Need a second. Commissioner Gonzalez: Second. Chairman Winton: Discussion? Mr. City Attorney, this is -- Mr. Vilarello: This is an ordinance. Chairman Winton: OK. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. At this time, there was a roll call; the result of which is stated above. Priscilla Thompson: The ordinance is passed on first reading, 5/0. 4:00 P.M. D3.3 03-0043 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO IMMEDIATELY INITIATE PROCEDURES AND TAKE ALL STEPS NECESSARY TO EFFECTUATE THE REOPENING OF THE CURRENTLY CLOSED STREET ON OR ABOUT SOUTHWEST 22ND TERRACE IN THE VICINITY OF THE VIZCAYA METRORAIL STATION, MIAMI, FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO REPORT TO THE CITY COMMISSION WITHIN 60 DAYS ON THE SCHEDULING AND PROGRESS FOR SAID REOPENING. Motion by Commissioner Sanchez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1099 Commissioner Sanchez: Mr. Chairman, one of my items is a time certain at 4 p.m. this afternoon, to allow the residents an opportunity to be in front of this legislative body. The other one is -- Chairman Winton: We won't be here at 4 p.m. this afternoon. City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Commissioner Sanchez: Well, it was time certain at four. It was -- at one time, they requested at 7 and we moved it at 4. Chairman Winton: OK. Commissioner Sanchez: So, it's time certain at 4. So, we will be here at 4. It -- we can be the last meeting and get out of here at 4:30. I don't think it's a debatable issue. I mean -- Chairman Winton: OK, good. Commissioner Sanchez: -- the facts are there, in support of the residents. Chairman Winton: Commissioner Sanchez, what's your other item? Commissioner Sanchez: Mr. Chairman, my other item is an item that I have on my blue page. And, really, what this is and what I want to do is allow my colleagues to listen to the residents that have this concern, and then we'll go into the history of this. But, basically, the facts will clearly state what a horrible injustice government has done to these individuals that live in that area. And at -- what I want to is reserve my right, for later on, to present the facts, based on resolutions and based on research and data collected, to find out where we're at today, almost eight years later, with an empty promise to residents that came out of a settlement in a lawsuit. And then, later on, this Commission, sitting here and passing a resolution without any public hearing, without any public input, really it's just -- it's just -- it's horrible. And I want the residents to come up and speak on this issue. Chairman Winton: That used to be the routine back in those days, by the way. Commissioner Sanchez: Well -- Chairman Winton: And before we go there -- because I know I will forget -- let's -- I want to make -- I want to remind you all of something. This evening, you know, the Mayor has been able to convince the Conference ofMayors to bring the United States Conference ofMayors meeting to Miami. They don't know the difference between Miami and Miami Beach. So it's on Miami Beach. It's at the Loews. And I talked to the Mayor this afternoon. He wants me to make sure that I re -invite all of you. So you're all welcome to any part of it, including the function this evening. So if you need the address or anything, let me know and I'll get that for you. OK, Commissioner Sanchez. Commissioner Sanchez: Well, I'd like to hear from the public, sir. Chairman Winton: Well, before we go -- I need to understand how we're going to or -- is everybody -- how many people are going to -- Commissioner Sanchez: Four. Chairman Winton: Four, OK. Yes, sir. Luis Herrera: My name is Luis Herrera. I live 1180 Southwest 22nd Terrace. I represent the Vizcaya Homeowners Association. For so many years, nine years now, we're waiting to open the 22nd Terrace. And we don't know why they don't open it up. So now I hear the Commission said something in there. And I bring some pictures over here that the accident they have in the street. The cars turn around. Chairman Winton: Could I interrupt you for a second? Is there anyone opposed to this idea, by City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 the way? Commissioner Sanchez: Well, there isn't any opposition to it. Unidentified Speaker: No. Commissioner Sanchez: I guess they're in favor of this, but we need to go into further detail. We just want to get their input as to what their concerns are, and then I'll get into the technical issue, which was resolution. Chairman Winton: Because they want to open -- they want to reopen that street, right? Commissioner Sanchez: Yeah. Mr. Herrera: Yeah. Right. Commissioner Sanchez: Which it should have been opened -- Mr. Herrera: One-way. One-way. Chairman Winton: Yeah. Commissioner Sanchez: -- in the first place out of a settlement, court -ordered settlement. Chairman Winton: Which I didn't even know. But just from a logic standpoint, if you go over there you rec -- you know, you wonder why it's closed off. So if there's no opposition -- I don't think we need a long explanation. I suspect you're going to get unanimous support here. So -- Mr. Herrera: OK. Well, one of -- Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: Mr. Chairman, ifI may, Commissioner? What you have before you now, as Commissioner Sanchez pointed out, is a reso -- what you have is a resolution he sponsored that would direct the administration to initiate the process. So it may come back to you if the process requires it. Chairman Winton: Right. In the form of an ordinance, right. Mr. Maxwell: This is just a public -- not a public hearing -- public meeting just to initiate the process, if the Commission so desires. Chairman Winton: Great. OK Mr. Herrera: One of the problems we having in there is the garbage trucks, too. They back it up in the street and hit the cars. Well, I don't know if they're hitting or not, but we've got all the cars scratched paint. Chairman Winton: Yeah. Mr. Herrera: We got the picture. So we need the open one-way. And if you can, they can put signs of 15 miles an hour, please, if you can. City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: Do the resolution. I mean, do the -- Commissioner Sanchez: No. I really want to give you the -- really, I want to put on the record the history of it, OK? Is there anyone else that wants to speak from the group or -- Mr. Herrera: Thank you very much. Chairman Winton: You're welcome. Luis Morales: Good afternoon. My name is Luis Morales and I live at 1143 Southwest 22nd Terrace. I would like to enumerate a few things that happened in this street. We have a nursery for elderly people, and many times, the emergency vehicles have to come through our block. We don't have a turnaround, so they have big problems to get out of there. Sometimes they even have to do the turnaround in our driveway. And they (INAUDIBLE) private vehicles hit our cars . And also, I would like to bring something to your attention. I don't know who is the actual owner of that property, but they have not been taking care of the grass. It's about four feet tall. And we have seen lately rats, raccoons and all of that in that area. Chairman Winton: Why don't you give us an address before you leave so we can sic Code Enforcement on them? Mr. Morales: And I believe that that's all I can say. That you have knowledge of the situation, and we would like to -- your cooperation. Chairman Winton: Thank you. Mr. Morales: Thank you. Chairman Winton: Commissioner Sanchez, let's move with the -- Commissioner Sanchez: I'm going to make it very sweet. Back in 1994, there was a developer who wanted to develop a project in Vizcaya. It was called the Vizcafran. Several homeowners associations joined forces together to stop that development. At the end, the associations were able to -- the outcome was a settlement. And in that settlement, the City, of course, paid the developer for their losses, settled with the homeowners through a resolution, and that resolution was 95-714, and one of the conditions in that settlement -- and I'm not going to get into numbers or anything -- was that that street would be reopened. OK. Several months after that -- which that was in 1994. In1995, resolution 94-46 was passed in this Commission to not open the road, without -- and this is the concern that have that probably is going to shock you, too -- was one, there was no public input whatsoever. And this is a court settlement with the homeowners association. It was passed without any public input, no proper notice given to anyone, no healthy debate over the issue. And from there on, the homeowners have basically, through the conditions -- I read the ordinance -- the resolution basically says that based on those conditions, the street did not need to be open. Well, as we know, 3rdAvenue, which is right after Coral Way on five points, you have businesses there that continue to grow. And basically, with this closure at the end has created an inconvenience for these homeowners. Over parking, people parking all over the street because it's a dead end. Emergency vehicles having to drive up -- going back in, and to picking their trash, and basically just creating an incredible inconvenience. So where we're at today is that based on that resolution 94-490 -- 429, the road is closed. And they have basically asked me to look into it. I didn't want to rush into it. That's why it's been taking so long. I did all the research at it. There is a developer who wants to develop some properties there, and that's why, basically, he doesn't, you know, he doesn't want that street to reopen. But, you know, if we're basing on -- we're basing this on the resolution that was passed. In all fairness, I think it's an injustice to the residents there. And, you know, what have today that want to present to you -- and there are certain conditions now to redo this that was not their City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 fault, or certain things that we need to do. First, I'm being told by Public Works that there are certain conditions that they have to meet. One is they have to basically do a traffic study. Metro -Dade's probably going to ask for a traffic study. They're going to have to get signatures to fry to open that street up. And, basically, under the guidelines, they basically would be responsible for the traffic study. My argument here is, you know, they should not be held responsible for that because, basically, in that settlement, the original settlement, the streets were to be opened. Then, through whatever happened -- I'm not going to point fingers at anybody, but I do say it's a terrible injustice. They're here today asking for that street to be opened. So I have a resolution that I'd like to present for the record. And that resolution is a resolution authorizing the Director -- or directing the City Manager to immediately initiate procedures and take all steps necessary to effectuate a reopening of the currently closed street on or above Southwest 22nd Terrace in the vicinity of the Vizcaya Mefrorail Station; further providing for the City Manager to report back to the City Commission in not more than 60 days on the progress and schedule for said reopening. So moved. Vice Chairman Teele: Second. Chairman Winton: Motion. Discussion. Being none -- Commissioner Regalado: Just -- Chairman Winton: Yes, sir. Commissioner Regalado: Just a question. I commend Commissioner Sanchez for doing the right thing. These residents were wronged. I remember that when I first was elected it was citywide, and it was a Sunday after my election, and I saw all these fire frucks. And I went there to where Luis and all these neighbors live, and there was an ALF (Adult Living Facility) on fire. And there was this young man with -- mentally challenged man saying to me, you know, "Don't punish me because they don't let me smoke and I do under the bed." These people have gone through hell in that. All their cars have been hit by trucks, Solid Waste frucks that try to turn, and it's unfair. And I hope that whatever needs to be done is done quickly, so you can have what any other residents have. Chairman Winton: OK. Any other discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 03-0040 DISCUSSION ITEM DISCUSSION DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS TO OBTAIN HEALTH INSURANCE COVERAGE FOR PART-TIME EMPLOYEES. 03-0040- cover memo Motion by Commissioner Regalado, seconded by Vice Chairman Teele, PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton The following motion was moved by Commissioner Regalado, seconded by Vice Chairman Teele and passed unanimously: A motion directing the City Manager to issue a request for proposals to obtain health insurance coverage for part-time employees; further directing the Manager to come back to the Commission with the financial impact on the City for said coverage. Commissioner Regalado: And the other one is a discussion directing the City Manager to issue a request for proposals to obtain health insurance for part-time employees. This has been discussed many times here, and I think that it's about time that we come out with an RFP ( Request for Proposal) or RFQ (Request For Qualification) or whatever in order to see anybody up there who wishes to give the City health coverage for part-time employees. Vice Chairman Teele: Second for discussion. Chairman Winton: Discussion. Vice Chairman Teele: Mr. Chairman, I think the maker of the motion is right, that this issue has gone on and on and on. I am not comfortable, however, taking a final decision until we have the full financial impact. I recall that the -- there was a proposal and you, I believe, Commissioner Regalado, very carefully, analyzed it and realized that it was pretty illusionary for what the part- time employees were getting, in terms of the coverage. I think, if we pass this, what this does is, it gives the Manager the opportunity to come back to us with the RFP and with the budget implications and everything that would be impacted by this. But I don't think this should be -- Commissioner Regalado: But they have -- Art, they have already allocated a hundred and fifty thousand dollars ($150, 000) in this budget for that. Vice Chairman Teele: I understand. Commissioner Regalado: That's the only money they have. Vice Chairman Teele: I understand. But the question is not the amount of money they have. The question in my mind is the amount of money it's going to take to provide the service. I will go on record as saying I'm going to support that the services should be comparable to what we're currently providing to the extent feasible, but I don't know what it's going to cost. And I don't think we ought to debate it now. I think what we ought to do is pass this, give the Manager the legislative intent to come back to us and give us a comparison, an analysis, and a rough cost, et cetera. But the Manager would normally come back with an RFP for our approval that's City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 being mandated like this. Commissioner Regalado: OK I don't have any problem. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Well, I agree with the statements made by Commissioner Teele. First of all, any time you do something like this, you must know what financial impact it's going to have to the City. That should be the first decision. I support this. I -- we've debated this back and forth. We've all agreed that these employees that have given 20 and 25 years of service, of part-time service to our community, and they retire and they don't have any benefits. We all know that's not fair. So, we need to work on that. One, we need to implement a plan or have a plan in place, also, to assure that the services that they do get are fair and adequate to other cities throughout the state. Those are the only statements that have to make on this. I'm prepared to support it. I think it's something long overdue -- Vice Chairman Teele: Long overdue. Commissioner Sanchez: -- for these employees. Chairman Winton: I suspect we'll all agree with that statement, as you and Commissioner Teele have suggested. So, I guess I'm a little nervous about the RFP part. I guess thatl can vote on that again, if you bring the RFP forward. But won't support, as they've all said -- we just have to understand, one, the policy guidelines in terms of who it is that we're talking about that's part- time. And the second part is what the cost is. And if you'll bring -- Commissioner Sanchez: Well, who falls -- Chairman Winton: Yeah. Commissioner Sanchez: Who falls within that category -- Chairman Winton: Right. Commissioner Sanchez: -- to receive those benefits, is the question. Chairman Winton: And so, if you bring that back, I'll support -- if that's what you're saying, I'll support it and he can bring all that information back. OK. Any other discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Commissioner Regalado: Mr. Chairman, can I ask a question? Chairman Winton: Yes, sir. Commissioner Regalado: RFP process, when is -- when will we have this for City Commission study? Vice Chairman Teele: August? Mr. Arriola: We will have an RFP put together within a month. Probably sooner. It's almost ready, but, you know, I say within a month. City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 D4.2 03-0075 Chairman Winton: So, November. At one of the November meetings. Joe Arriola (City Manager): A comment there. What we basically have done, we've turned the whole process over to the CRB (Community Relations Board) board and they are monitoring and -- I have not -- by the way, I have not been briefed on it. I'm letting them go through the whole process and obviously, you're more than welcomed to call the folks at CRB board and be kept updated. I have not -- I have left the whole process in their hands. I think it's the easiest, cleanest way of doing it. The other thing is about the RFP. When I said the RFP will be ready within 30 days, now, if you want the economic impact, we have to put it out first, get the actual costs of it, then I'll come back with a economic impact. Chairman Winton: Can't y'all do your own kind of rough analysis? I mean, it doesn't have -- Mr. Arriola: I mean, we did that once before and we got burned. Chairman Winton: Oh, you did? Mr. Arriola: So, you know -- it's really, really -- Chairman Winton: OK. Mr. Arriola: So, it won't be 30 days. It will be more than 60 days, if you want an economic impact. Chairman Winton: Well, I don't want an RFP going out that commits us to something if it comes back and the costs are out of whack. Mr. Arriola: OK. Chairman Winton: You know what mean? Mr. Arriola: Let's call it 60 days and I'll give you the economic impact on it. Chairman Winton: OK. DISCUSSION ITEM DISCUSSION CONCERNING THE DOWNTOWN HOLIDAY VILLAGE. 03-0075 -cover memo.pdf DEFERRED Chairman Winton: You've got a couple more? Commissioner Regalado: The discussion concerning the Downtown Holiday Village. Mr. Chairman, I would like to defer this for the next Commission meeting. D4.3 03-0041 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $20,000, FROM THE COMMISSION DISTRICT 4 OFFICE BUDGET TO SUPPORT City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 THE HISPANIC COALITION. Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-03-1090 Chairman Winton: Commissioner Regalado, you want to go to your other blue sheet items while we're here? Commissioner Regalado: Yes. A resolution of the Miami City Commission approving the allocation of funds in an amount not to exceed twenty thousand dollars ($20, 000) for the Commission District 4 office budget to support the Hispanic Coalition, which, by the way, does the similar program with youths. Vice Chairman Teele: Second the motion. Chairman Winton: Motion, second. Discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. D4.4 03-0042 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000, FROM THE COMMISSION DISTRICT 4 OFFICE BUDGET TO SUPPORT THE ALTERNATIVE PROGRAM. Motion by Commissioner Regalado, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1088 Motion by Vice Chairman Teele, seconded by Commissioner Regalado, PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton The following motion was moved by Vice Chairman Teele, seconded by Commissioner Regalado, and passed unanimously: A motion directing the City Manager to provide a staff person to work with Ms. Georgia Ayers of the Alternative Program, along with the Police Chief and the Community Development Department, to review the past funding and funding sources for the Alternative Program and develop a plan or recommendation to restore its funding to $50, 000, which is the amount that was historically granted. Chairman Winton: Commissioner Regalado, do you -- or is it Commissioner Teele? One of you have someone -- is this on your blue page item or somebody's blue page? City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Note for the Record: Commissioner Gonzalez entered the Commission Chambers at 9:14 a.m. Chairman Winton: Georgia. Commissioner Regalado: Georgia. Vice Chairman Teele: Ms. Ayers. (INAUDIBLE) I would ask that you be recognized. Chairman Winton: Yes, ma'am. Commissioner Regalado: It is on my blue page. Chairman Winton: It is on your blue page? Commissioner Regalado: Yes. Chairman Winton: OK. Tomas, I'm going to go to your blue page item, since she's here. Commissioner Regalado: Mr. Chairman, thank you. I have two resolutions that I'm seeking the support of the City Commission. This is surplus from City Commissioner Disfrict 4 budget. One of them is a resolution of the Miami City Commission approving the allocation of funds in an amount not to exceed twenty-five thousand dollars ($25, 000) from the Commission Disfrict 4 office budget to support the Alternative Program. Commissioner Sanchez: Second. Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: We have a motion. Commissioner Regalado: I move it and Commissioner Teele second it. Chairman Winton: And a second. Vice Chairman Teele: Would you recognize Ms. Ayers? Chairman Winton: I sure would. Ms. Ayers. Georgia Ayers: Yes, sir. Chairman Winton: Name and address. Ms. Ayers: My name is Georgia Ayers. I'm the Georgia Jones Ayers, better known as -- I am the founding Executive Director of the Alternative Program, founded in 1982. I have been receiving funds from the City Police Trust Fund for about 10 years and from the Community Development since year 15. I know that you all have all of the files. I'll try and cut it short, because I brought them to you. They're your files. You paid for them. They're open files. And these files contain the work that is ongoing with persons -- your citizens in every district. Just because I am in Disfrict 4, I serve the entire five districts. It's hard for me to tell a person who comes to me for service that cannot serve you, but I'm forced to do that because I've lost four staff persons. The City ofMiami deserve service wherever it may be. You all don't have any idea whatl do. I'm the kind of person that if you need a service, I'm going to do it. I cover every aspect of service that other folk don't do. I hate to say this because you think I'm bragging, but am unique. There is nobody in the world that is doing what I'm doing. I cover the entire Criminal Justice System, juvenile and adult. Every jail -- these persons who work here have City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 these ID to cover every program that there is. So, I don't think you all fully understand that I would ask if each of you were to just come to my office at 151 Northwest 60 Street, located in Lemon City, Little Haiti -- slash Little Haiti. And while I'm at it, I notice that you all have put signs up by the -- Vice Chairman Teele: Ms. Ayers? Ms. Ayers: Yes. I'm through. I know, your Honor -- Vice Chairman Teele: I will apologize to you, to all those people from the areas that -- I mean, people -- this City -- Ms. Ayers: You are going to hear what I'm saying. I'm not negative. Vice Chairman Teele: This City is absolutely doing a disservice to a lot of neighborhoods by just branding everybody as Little Haiti. You know, Edison has now been named Little Haiti and we've asked the Planning Department to work with the various departments. We had this program this summer in the Parks Program, where I got a hundred calls from people who were outraged about the designation of Little Haiti in areas that it's not Little Haiti. And so, you've made that point eloquently. Lemon City has been consumed in what is now Little Haiti, but now the Edison area is being washed away and Little River is being washed away. And it's a tremendous problem. And somehow, we've got to educate -- Ms. Ayers: Thank you. Vice Chairman Teele: -- the City staff the Manager, the Mayor's office, especially, the Parks Department, that there is a difference between Little Haiti and Edison and Little River, especially -- and Buena Vista. Chairman Winton: And Lemon City. Vice Chairman Teele: Say again? Chairman Winton: And Lemon City. Vice Chairman Teele: And Lemon City. And, unfortunately, Mr. Chairman -- Chairman Winton: There's some blurred boundaries but there's a difference. Vice Chairman Teele: And unfortunately -- Mr. Chairman, unfortunately, Lemon City has been totally consumed by the area formally -- the Little Haiti area has consumed Lemon City. I mean, there is literally very little way to do that. That's why it's so important that we keep some of those historic buildings in place. But this is a very important part of the history of this City is Lemon City. But I've taken more time than you would on this issue. But what I don't want you to do is give us how your family was moved out in the middle of the night. Ms. Ayers: I can't help it. It happened, Chief. My aunt, who was born in Lemon City, right next to the railroad track, where my grandfather worked in Lemon City, which they moved him to Railroad Shop Colored Edition, what you all call Allapattah, I was born there, where the middle school sit in 1928, so I know. You all don't know it and if you don't know history, I -- oh, Lord, don't let me go there. Commissioner Regalado: We do know history. Ms. Ayers: I just want you to know -- you -- let me tell you, you all were elected by the people, City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 for the people, to serve the people in the City. Since I am a native Miamian -- I'll be 75 the 21 st of this month, but I'll back it up and say 57 because I think still got a little youth left. But serve everybody. All I want you to do is to continue to let me serve the people while I can. There's nobody in Dade County can top me on what know I'm doing. You're going to give me the twenty-five thousand, Commissioner Regalado, God knows I'm grateful to you. But the rest of you, I need twenty-five more thousand. Thank you. Commissioner Regalado: I've got a question, Georgia. Last year -- you were funded last year? Ms. Ayers: Yes, for -- thanks to Commissioner Teele and you. You gave me a total of forty five thousand, six hundred and seventy-five thousand dollars ($45, 675). Vice Chairman Teele: From CDBG (Community Development Block Grant) funds. Commissioner Regalado: You, at any moment, receive any Law Enforcement Trust Fund for the juvenile just -- Ms. Ayers: The Law Enforcement Trust Fund I received to work in your three Overtown schools, Dunbar, Phyllis Wheatly and Douglas. I have been cut out from the City ofMiami entirely. Commissioner Regalado: Why is that? Ms. Ayers: They say they don't have any money. This is the first year that have not received Law Enforcement Trust since -- oh, in about 10 years. Commissioner Regalado: Well -- Ms. Ayers: So that means the City is not -- you've got your files. I'll take them back today if you promise me you'll give the money. Because I hurt when those people, "Well, Ms. Ayers, what am I going to do?" I told them to call you all. I hope some of you all been getting the telephone calls. Call your City Commissioner. Oh, Lord. IfI didn't care, gentlemen, I would not be here. But it hurts my heart when folks, as late as yesterday, come in there -- stand up, Franklyn. See that young man back there? You pay for two people. The City Commission pays for just two -- I mean, for two persons, the total offortyfive thousand, six hundred and seventy-five dollars ($45, 675). All those files you got, this is the man that work on it. You don't give me any money. You don't give money to buy supplies. You don't give money for computers when they have to be updated. All I get from you -- the Law Enforcement Trust money goes to the schools. I work with the at -risk children at Dunbar, Phyllis Wheatly, and Douglas. You have cut me out of four staff people. So, what am I going to do when the persons call me from the City ofMiami? I'll tell you what I'm doing. Chairman Winton: Ms. Ayers. Ms. Ayers: Ma'am, what is your address? Is it City ofMiami? I say, call your City Commissioners. Chairman Winton: Correct. And do you have anything else? Ms. Ayers: Yeah, money, honey. Thank you. Chairman Winton: Thank you. OK. Vice Chairman Teele: On the motion. I would like to call the question and make a secondary motion. City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: Any other discussion? Being none, question's been called. All in favor of the original motion, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Yes, sir, Commissioner Teele. Vice Chairman Teele: Mr. Chairman, first, I would like to thank publicly Commissioner Regalado, who represents the disfrict that probably has less than two percentAfrican- Americans, and yet, in a spirit of true consensus in working with all communities, he has earmarked funds, twenty-five thousand dollars ($25, 000), from his unused budget to support Ms. Ayers' project, the Alternative Program. And I think the public should note it and our -- the City should note it. What Ms. Ayers did not say is what her program is and what it does. But I think anyone who has been in Miami for a year, well knows that Ms. Ayers' program truly is a program that really deserves County funding. If you look at the mission of the City, the mission of the County, the mission of the State, it deserves that. But at the same time, we cannot continue to say we're the poorest City in the nation. We have some of the largest criminal justice interface with the criminal justice system and not at least be a party to this funding. I would like to move that both -- that the Manager be requested to provide a staff person to work with Ms. Ayers, to come up with the historical funding and the funding sources and to develop a plan to work with both the Police Chief and the Community Development Office to restore her funding to the level that it has been in the past, which is fifty thousand dollars ($50, 000). I would so move. Commissioner Regalado: Second. Chairman Winton: We have a motion and a second. Discussion? I will comment. The funding for the agencies in my disfrict have been cut by 61 percent in two years. Been cut by 61 percent in two years. I'm not a magician and there's a lot of needs out there and there's a lot of very good organizations out there. And I think that the service that Ms. Ayers provides is, in fact, absolutely outstanding, butt will tell you that I'm beginning to feel a little resentment when I get, from anywhere, a finger pointed at me about, you know, what I'm not doing. And I've got to tell the agencies that are in my disfrict, that also serve outside our disfrict, that they're funding has, in fact, been cut. Some of them to zero. And all of them substantially because the funding that comes from the federal government to us, and District 2, in particular, has been cut by 61 percent in two years -- I can't fix that problem. I can't fix it. It's a problem that's created in combination by the federal government and Miami -Dade County. And the big chunk of the funding, as you all know, that got cut this year by the feds to the City ofMiami, that funding went to the County. A direct transfer, almost dollar for dollar, from City ofMiami to the County. And the County's attitude, particularly for those Commissioners who are in Unincorporated Dade, feel that that money all belongs in Unincorporated Dade and that isn't right. And so, I'm not trying to be disrespectful to Ms. Ayers, of you, at all, because I think you do a great job. But I'm telling you, I'm real frustrated by these conversations because I had these conversations with lots of agencies and I don't have any answers, because the money's been taken away. And I can't bring money where it doesn't exist. And so, frankly, I need your help. You need my help? I need your help in dealing with the federal government and Miami -Dade County to make sure that we get appropriate funding to meet our program needs in City ofMiami. Ms. Ayers: May I say, I'm already funded -- because I'm ready to go to war, all the way to Washington. I was in the meeting you had here -- I was in Washington the last meeting you had. I am prepared. I have my paperwork and my agenda already prepared. But in all honesty, I am funded by the County. You need to go with me to the State. That's where the problem is. Chairman Winton: Tuesday. Ms. Ayers: The State is in -- the problem is in the State. I didn't tell you all all what I do. You City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 really -- I would appreciate you going -- go into your files and you'll see what entities I'm dealing with. Chairman Winton: Wherever -- Ms. Ayers: Ifyou really knew what do, you would say this woman deserves a hundred thousand dollars ($100, 000). You -- see this gentleman sitting here? See him sitting there? Chairman Winton: Georgia. Ms. Ayers: No. I want -- you got -- all got to know -- Chairman Winton: No. Ms. Ayers: Yes, you've got to know what's going on right now, sir. Chairman Winton: You also have to know, excuse me -- Ms. Ayers: Yes. Chairman Winton: -- that there are other agencies as well that do equally damn good work that deserves our support that we can't support. Ms. Ayers: They're not doing whatl do. Chairman Winton: I don't care. Ms. Ayers: I care. When your behinds go to jail and things happen, I'm the one that they call 24 -hours a day to get them out. Chairman Winton: I'm not -- Ms. Ayers: OK. Will, I -- I know what do, sir. What I'm doing, there's nobody in Dade County doing. Nobody in Dade County. And I have put together a program since July 2nd that you're going to be proud of. Chairman Winton: Do you want to hear the last part of what want to say? Ms. Ayers: Yeah. What, darling? Chairman Winton: Because I'm not going to sit here and argue with you. Ms. Ayers: I'm not arguing. I'm discussing. I don't argue. I only argue with my husband. I'm discussing. And ifI can't get here to tell you all what it is, you'll never know. And I love you. But have to say it. Chairman Winton: Ifyou want to go to war with the state or the feds, I'm going with you. Ms. Ayers: I won't say anything else. Chairman Winton: I will. Ms. Ayers: I said it. And (INAUDIBLE). Commissioner Regalado: Hey, me, too. Me, too. City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Ms. Ayers: OK (INAUDIBLE) I already got the file. (INAUDIBLE) I mean that. Commissioner Regalado: Mr. Chairman. Commissioner Sanchez: Could you call the question on this? Chairman Winton: OK. Commissioner Regalado: Mr. Chairman. Chairman Winton: And Commissioner Teele, now, I've -- in all of that, I've lost your point. Vice Chairman Teele: My motion was to ask the Manager to appoint a person from his staff to work with Ms. Ayers to look at the historical funding and funding sources and to develop a plan or a recommendation to restore the funding to the historical funding. And let me just say this. I don't know, again, who, on the Manager's staff was appointed to be the staff person to hear Ms. Ayers this morning. It's in the agenda. And, you know, one of the things we keep hearing from is the citizens is, if they don't have anybody to talk to, they wind up talking to us. But it's really important, I think, that someone that has a comprehensive look -- because before it's been a CD ( Community Development) look or a -- and I do think that am prepared to make some recommendations at this late date, to adjust CD funding, butt need a staff person on the Manager's staff to work with on that. I also think that the Police Law Enforcement Trust Fund, which Commissioner Regalado has raised repeatedly -- and I'm well aware of the state law, which is the responsibility of the Police Chief. It is not the responsibility of the Manager or the Mayor or the Commission. It's the responsibility of the Police Chief. But do think that if the Chief has an opportunity to work closely with Ms. Ayers and the judges, I think the Chief may have a different view or appreciation. I can tell you this. Every time there's been a shooting, every time there's been civil disturbance, the first person everybody can find a home phone number for is Georgia Ayers, along with the Community Relations Board. And Ms. Ayers has been a friend to the Police Department and to the criminal justice system, and you can't have the numbers that we have in this City of poverty, the numbers of incarcerations without really recognizing that we do have a unique challenge here. But the Chief is here, and Chief it's an honor to have you here. Chief John Timoney: Good morning, sir. Vice Chairman Teele: Thank you for coming up. Chief Timoney: I'm Chief John Timoney. And good morning, Ms. Ayers. I have met with Ms. Ayers, both at her location, at her offices, had lunch with her. She's been to my office. We just had a meeting in headquarters last week. And I am fully supportive of everything she does in this City and she does a great job. And we have lots of mutual friends, she and I. But the Law Enforcement Trust Fund, I think, has taken a beating, over the last three or four months at this council. A few years ago, we used to get, on a regular basis, anywhere from four to five million dollars ($5, 000, 000) per year. And some of that money, over the years, was given to local community groups to help out. The requests from community groups last year, through this department, through the Police Department, totaled over one million dollars ($1, 000, 000) requests to help funding out. There's been a change in the law in fed forfeiture and, so, Police Departments all across America aren't getting the monies that they used to get, number one. This year we will be lucky if we get a million. We'll probably get about eight hundred thousand. We have our own needs, also, as you're well aware. Because when we purchase special equipment or training, we submit to this Commission for approval. I'd love to be able to give Ms . Ayers and other worthy community groups what they request. However, we spent out of the Law Enforcement Trust Fund, rather, well over three hundred thousand dollars ($300, 000) to City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 programs within the Police Department, the PAL (Police Athletic League) program, the Explorer program, Do The Right Thing. There simply isn't any money. And, so, it's not being mean - spirited or not wanting to do it. It's a matter of looking at what we have in the coffers and giving the money accordingly. Chairman Winton: Sounds like you need to go to Tallahassee with us. Chief Timoney: Never been there. Chairman Winton: This team's going to get bigger. Mr. Arriola: Commissioner? Chairman Winton: The team going to Tallahassee is going to get bigger. Ms. Ayers: I'm ready. Chairman Winton: Yes, sir. Mr. Arriola: Commissioner, one of the things that we're working with through Fire and Police is to reexamine all our grant money to see how lot of the capital needs that police has could -- might be -- we might be able to take care of it through other sources. So, it's -- forever shrinking LETF (Law Enforcement Trust Fund) fund is more available for more community and training needs. And we have just started this program -- Chairman Winton: Great. Mr. Arriola: -- less than two weeks ago and we're going to look at -- Chairman Winton: Well, keep us posted on that. Mr. Arriola: -- but it keeps shrinking. I want you to know that it keep shrinking all over the place. Chairman Winton: OK. We have a motion and a second. Do we have any further discussion on this? Commissioner Gonzalez: Yes. Chairman Winton: Yes, sir. Commissioner Gonzalez: Make a statement. Yeah, I would -- I'll also commend my colleague, Regalado, but the way that he was commended portrayed the rest of this Commission as people that are insensitive to the Afro-American community or any other community. And as far as I'm concerned, before I was distributing public money, I was giving the Afro-American community, through Tri-City Community Association, out-of-pocket money. I was getting --I wasn't getting any salary from the City. I wasn't getting any benefit from the City. I wasn't getting City money. I was giving my money that I earned with my work. So, you know -- I mean, I don't think it's fair that we be portrayed here as we're insensitive and we don't care about the other communities. I have a lot of people and a lot of needs in my district, people that need food, people that need housing, people that need education, people that need books, people that need -- kids that need to have a Halloween. Kids that need to have a Christmas and I'm supposed to take care of those people. So, you know, just for the record. City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: OK. Any other -- I'm sorry. Commissioner Gonzalez: I have been one that have been sensitive. I have worked and contributed to every community that is in need, including the Afro-American community, not with City government money, not with federal money, with my own money, with my family money. Out of my personal check. Ms. Ayers: I may be out of order, but I serve the Afro-American community. I happen to be Afro -American because my father and mother were Afro-American. I serve Dade County and inclusive of the City ofMiami. I don't like to reference to the Afro-American. I'm black because my ma and pa was black. I serve people in Dade County. Chairman Winton: I missed the whole issue, but I -- if -- Vice Chairman Teele: Commissioner -- Ms. Ayers: I don't see color. I see needs. Vice Chairman Teele: -- Gonzalez, if something was said, that certainly was not the intent. The program serves not only the African American, but the citywide. But it's a known fact that disproportionately. But no one can challenge your personal commitment to the African American community, long before you were elected to the Commission, and -- I mean, I think that goes without saying. Commissioner Gonzalez: Yeah. But you started by saying that you would like to commend Commissioner Regalado because he's the only one that have, you know, contributed to this organization. Vice Chairman Teele: Oh, I said it? Commissioner Gonzalez: We have contributed to -- yes, you did. Vice Chairman Teele: Well, I apologize to you. Commissioner Gonzalez: Yes, you did. Vice Chairman Teele: Oh, I apologize to you. I did not -- Commissioner Sanchez: Mr. Chairman. Commissioner Gonzalez: You did. Vice Chairman Teele: That was not my intent. Commissioner Gonzalez: And I also commend my colleague, you know. I commend him. I mean, you know, if you want to give him proclamation to the next Commission meeting, I'll be more than happy to sign it. Vice Chairman Teele: Angel, I really apologize. Commissioner Gonzalez: But, I mean, you know -- Vice Chairman Teele: I did not mean to slight. Commissioner Regalado: The reason, Angel, is that we were able to make savings throughout City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 the year. And I have another resolution later on for Hispanic Coalition, which does the same work or similar work, and that's the reason these funds were available. And I thought that by doing this, we -- I was taking the burden off the City Commission. When we vote, Mr. Chairman, can I make a comment? Vice Chairman Teele: Call the question. Unless Commissioner Sanchez -- Chairman Winton: Commissioner Sanchez, did you want to say -- Commissioner Sanchez: No, sir. Call the question. I think we've debated this long enough. Chairman Winton: Call the question. Yeah. All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Next item. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado: You said that there's no way to solve the problem that we have with the social services crisis in the City ofMiami andl know that you've taken a hit, like everybody has. But you, most of all, have taken a tremendous hit. I don't know why, butl don't understand very well the system. The City Commission has several tasks. One is the one that you're frying to organize, which is go to Washington, go to Tallahassee, go to the County, raise hell and try to get what the citizens of -- and the residents of the City ofMiami deserve. The second is that meanwhile, we have to take care of our own. I mean, they live here. Mayor Diaz sent an email the other day saying, I think you ought to look at this article. It was on the governing magazine and it quoted Mayor Diaz saying, you know, the City's lucky that young people are moving to Miami in great numbers and all that. But the fact of the matter is that we still have a very large number of senior citizens that are not going to go away, that are not going to move, and that are going to stay here and this is a problem that we have to deal with. The City Commission, I believe, took the first step several weeks ago, when we decided that some of the money from the transit should be used for transporting senior citizens, which will take a burden off Commissioner Sanchez district, because he took the brunt of using a lot of his allocated money for these agencies. So, that's one step. The other step is the one that really wanted to speak to you all this morning, because it's -- election time is getting closer. The other day, at the Shenandoah association, neighbors association -- and the Chief of Police was there and we really thank the fact that he was there all night -- I campaigned with more than a hundred residents there in behalf of two of the issues in the ballot, which is the parking surcharge and the Rusty Pelican deal. I have gone to the radio, as a guest in other radio stations, and I have campaigned for these two issues. I have called on the people to go out and vote this November for these two issues in this ballot, but think that we need to do more. I think that this Commission should make a commitment and then we'll be able to go to the senior centers, where more votes are generated than any other areas, and we all know that, and say that if we are able to pass the Rustic Pelican new lease and the City's going to get, I understand, eight million dollars ($8, 000, 000) or three million dollars ($3, 000, 000) in the next eight years, some of that money will be and should be used to supplement social services programs in the City ofMiami. I understand that this is very unusual. It's not probably a good business practice, but tell you something. We need to promise the people of the City ofMiami something for their willingness to go and vote. We need to make a statement, as a City Commission, that some of this money is going to be dedicated to supplement the social services deficit that we have and we will have every year until Washington thinks twice about Miami being the poorest City in Miami. We need to tell the people ofMiami that if we are campaigning for the parking surcharge, that the five City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 districts of the City ofMiami will get part of that money to build curbs and sidewalks and fix streets, because, you know, the voters may ask, so what's in it for me? There's a lot of cynicism about government and believe me, I know. I do programs. And, you know, I will continue campaigning for these two issues. I will not campaign for the third issue in the ballot. But I am telling you that we need to have some tools to go out and campaign. We need to give the people assurances that some of these monies are coming directly to them. So, that comment I wanted to make. DISTRICT 5 COMMISSIONER ARTHUR E. TEELE, JR PUBLIC HEARING PH.1 03-0021 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 00-609, ADOPTED JULY 20, 2000, WHICH AUTHORIZED THE SALE OF THE PROPERTY LOCATED AT 27 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, ("PROPERTY"), TO ICARE BAYPOINT SCHOOLS, INC. ("ICARE"), A FLORIDA NOT FOR PROFIT CORPORATION; DECLARING CERTAIN CITY -OWNED PROPERTY SURPLUS; FURTHER APPROVING THE SALE OF SAID PROPERTY TO RIVERHOUSE LOFTS, LTD., A FLORIDA LIMITED PARTNERSHIP, FOR A PURCHASE PRICE OF $225, 000; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER SUBJECT TO THE CONCURRENCE OFTHE PURCHASER AS MAY BE NECESSARY TO MEET THE BEST INTERESTS OF THE CITY. 03-0021 - memo -1.pdf 03-0021 - notice of public hearing -2.pdf 03-0021-agreement-4.doc 03-0021-Addendum to Agreement-5.doc 03-0021 back-up-6.pdf 03-0021 -exhibits.pdf A motion was moved by Commissioner Teele, seconded by Commissioner Sanchez, and passed unanimously that this matter be DEFERRED. Chairman Winton: Commissioner Sanchez, you want to do your blue page item? Chairman Winton: Commissioner Sanchez, you want to do your blue page item? Joe Arriola (City Manager): Can we defer one item, just the only one item that we have, which is PH.1? We're going to defer it. Vice Chairman Teele: So moved, Mr. Chairman, to defer. Commissioner Sanchez: Second. City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: Discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. PH.2 03-0022 RESOLUTION (4/5THS VOTE) A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE REAL PROPERTY LOCATED AT 749 NORTHEAST 79TH STREET, MIAMI, FLORIDA ("PROPERTY"), AS LEGALLY DESCRIBED IN "EXHIBIT A," FOR THE DEVELOPMENT OF A FIRE STATION, FOR A TOTAL PURCHASE PRICE OF $480,000, AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPTION TO PURCHASE REAL PROPERTY AGREEMENT ("OPTION AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND DELIVERANCE CHURCH OF THE NAZARENE, A FLORIDA CORPORATION; ALLOCATING FUNDS, IN THE AMOUNT OF $500,000 FROM THE NEIGHBORHOOD FIRE STATIONS AND TRAINING FACILITY PROJECT, ACCOUNT NO. 313306.289307 APPROPRIATED FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND TO COVER THE COST OF SAID ACQUISITION INCLUSIVE OF COST OF SURVEY, ENVIRONMENTAL REPORTS, AND TITLE INSURANCE. 03-0022- cover memo.pdf 03-0022- previous reso.pdf 03-0022- previous ordinance.pdf 03-0022- public notice memo.pdf 03-0022- public notice .pdf 03-0022- exhibits.pdf 03-0022 back-up - 2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1094 Commissioner Regalado: Mr. Chairman, what is this supplemental agenda item S-1 ? Vice Chairman Teele: What item is that on the agenda? Priscilla Thompson (City Clerk): The supplemental? Chairman Winton: Well, I'm not on supplemental. We're on -- Commissioner Regalado: Oh, OK. City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: We're on the regular agenda. Commissioner Regalado: I just want to find out. I don't know anything about this. But I wanted -- Chairman Winton: We're on the regular agenda. PH.2, regular agenda. Mr. Manager. PH.2. Keith Carswell: Mr. Chair, Commissioners, Keith Carswell, Economic Development. What you have before you is authorization to acquire a parcel for four hundred and eighty thousand dollars ($480, 000), as part of the Homeland Defense Neighborhood Improvement Bond. There are two fire stations that were funded or allocated funding in the amount of fifteen million, seven hundred and fifty thousand dollars ($15, 750, 000). The boundaries for the proposed fire station were determined by the Fire Department, and I think that they've made their rounds and talked to a couple of the Commissioners relative to the proposed location. This proposed fire station location is consistent with the boundaries that the Fire Department have laid out in terms of response time and issues associated with that. And what we're asking at this time is that the Commission authorize the acquisition. It has an appraised value of four hundred thousand dollar ($400, 000). We're acquiring it for four hundred and eighty thousand. The additional consideration consists of the sellers raising the structures, capping off the water and sewer lines and providing a site that is free of debris and structures for our use. We're also asking for an additional twenty thousand dollars ($20, 000) for associated closing costs with this transaction. Chairman Winton: The boundaries are in yellow? Mr. Carswell: No. The bound -- that's just a -- the zoning district. That's SD-12. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Oh, the boundary is this -- the shaded. Commissioner Gonzalez: I move the PH.2. Mr. Carswell: Yes. Chairman Winton: OK. I see. I got it. Commissioner Sanchez: Second. Chairman Winton: Got a motion, second. Any further discussion? Being none, all in favor "aye The Commission (Collectively): Aye. Commissioner Regalado: I got a question. Chairman Winton: Oh, this is a public hearing. I'm sorry. I believe this is a public hearing, isn't it? Anyone from the public would like to speak on PH.2? Anyone from the public on PH.2? If not, we'll close the public hearing. We have a motion and a second. Discussion. Vice Chairman Teele: Well, you've got a -- Chairman Winton: A what? Vice Chairman Teele: Go ahead. City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Commissioner Sanchez: There's no discussion. Chairman Winton: No discussion. Commissioner Regalado: Question. Chairman Winton: All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Commissioner Regalado: Question. Chairman Winton: Yes, sir, Commissioner Regalado. Commissioner Regalado: Two questions. One, the fire station on Flagler and 59th. Some of the people in the area -- is there going to be a polling place this November at that fire station, Flagler and 59th, Madam Clerk? Chief William Bryson: Chief Bryson, Department of Fire -Rescue. I don't really know the answer to that right now, Commissioner. I'd have to find out. Commissioner Regalado: I think there is, but the problem is that the people are complaining that there is no parking at all because they cannot park in Flagler. They cannot park on the side streets because of the health clinic that is there across the street. People park there. There is no way -- nobody -- they have to walk. Whoever wants to go using their car cannot -- have to park three or four or five blocks away. So, my question is, when are we going to see some improvement in that fire station. And if that fire station, after the improvement, will not have parking, then we're going to have to change the polling place. Chairman Winton: Voting, yeah. Right. Chief Bryson: Well, sir, we're in -- they're in the next go round the bond money, the ( UNINTELLIGIBLE) that comes up and that's the renovation, and I would think we'll consider parking at that time, because -- as a matter of fact, some day that station may include another unit. And so we'll want to build it to a potential because of that area has right now, one fire unit, no rescue unit. But that would increase some parking, but personnel increase is not going to help the situation. It's not a big parcel of land. But we may be able to do some alternative stuff that would help on election days. In other words, maybe move some of our firefighters out during the day, with their personal vehicles, put them in another station, bus them over there and that would open some up. Commissioner Regalado: I think you should consider that, because a lot of people are just, you know, they leave when they go around, and around, and around, and they leave, they don't vote. They won't be able to vote. Chief Bryson: I understand. We'll see what we can do. Chairman Winton: OK. That will be great. Thank you. SR.1. Commissioner Regalado: The other thing -- the other question is the one on Northwest 7th Street and 41 st. This is in Commissioner Gonzalez district, but across the street we have District 4. So, we sort of share Northwest 7th Street. There's some people asking about what is going to happen on that fire station. City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chief Bryson: That station, within a couple of years, there will be plans to rebuild that fire station. Right now, there's a huge parking lot that's new behind it -- Chairman Winton: We're going -- Chief Bryson: -- if you haven't seen it. Chairman Winton: Thank you. Chief Bryson: OK. We're going to SR.1. ORDINANCE -SECOND READING SR.1 03-0036 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54, ARTICLE V, SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," TO REDUCE THE STREET WIDTH FROM 70 TO 50 FEET AT NORTHWEST 3RD STREET BETWEEN NORTHWEST 17TH AND 22ND AVENUES, MIAMI, FLORIDA TO RETURN THE RIGHT-OF-WAY AT SAID LOCATION TO THE STANDARD PLATTED 50 FEET; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE. 03-0036- cover memo.pdf 03-0036- budgetary impact analysis.pdf 03-0036- memo from public works.pdf 03-0036- map.pdf Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton 12424 Chairman Winton: Thank you. We're going to SR.1, second reading ordinance. Vice Chairman Teele: So moved. Chairman Winton: Got a motion. Commissioner Gonzalez: Second. Chairman Winton: Second. Vice Chairman Teele: Public hearing. Chairman Winton: SR.1 is a public hearing. Anyone from the -- no, I don't think so. Is it? Commissioner Regalado: What are we doing now? City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: SR.1, second reading ordinance. Commissioner Sanchez: No, no. Listen, there's -- I'm going to ask that this be -- Commissioner Regalado: What is SR.1 ? Chairman Winton: It's in your book. Commissioner Sanchez: Mr. Chairman, may I be recognized? Chairman Winton: Yes, sir. I'm sorry. Commissioner Sanchez. Commissioner Sanchez: Public Works and Legal are in discussion with the owner to see if there is a possible solution. So, I'm going to respectfully request -- Chairman Winton: Was this the one that was up here last time? Commissioner Sanchez: Yes, sir. Chairman Winton: OK. Commissioner Sanchez: I'm going to respectfully -- Vice Chairman Teele: You want to move that it be deferred? Commissioner Sanchez: To a later time, sir. Chairman Winton: To a later time today? Commissioner Sanchez: I think it either could be worked out or we're prepared to make the motion to pass it on second reading. Chairman Winton: OK. Bring it back this afternoon. Commissioner Sanchez: Yes, sir. Chairman Winton: For the record. OK Commissioner Sanchez: Thank you. Chairman Winton: Commission meeting of Thursday, October 9, 2003. We only have two items on the agenda. Both of them Commissioner Sanchez. I'm sorry. Commissioner, what's the -- Commissioner Sanchez: It's -- Chairman Winton: SR-1 ? Commissioner Sanchez: Mr. Chairman, we do have a time certain for one of the items. But if we could just take out of the way SR-1, which I believe there is an agreement or some kind of compromise between the administration and the gentleman, Mr. Machado, who has a property that was affected with the setback. So I think if we could have the Director state on the record what type of agreement. Albert Dominguez: Albert Dominguez, Acting Director of Public Works. Basically, the City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 agreement is to go ahead and allow the resolution to go forth as proposed, reducing the right-of- way from 70 to 50 feet. And the City has explained that it does have -- bestowed authority on the Public Works Director to allow for temporary encroachments in the undedicated right-of-way portion of this property. So he would allow to be -- to retain the undedicated portion of the right -of-way under title, and allow those temporary encroachments, like bushes. He could use it as green space. He can put a fence in it and use it as part of the house, until such time until the City has gained all of the other property adjacent to it, and allowing for the road to be widened to the 50 feet. Chairman Winton: If we ever do that. Commissioner Sanchez: If they -- exactly. Chairman Winton: If we ever do that. Mr. Dominguez: If we ever do that. Commissioner Sanchez: But really, in all fairness, it was not fair to the gentleman. The other properties that are all there, they already have that. And, you know, it was just not going to be fair. I don't see the City -- Chairman Winton: If it works, it works. Commissioner Sanchez: -- in the next 50 years -- Chairman Winton: Yeah. Commissioner Sanchez: -- ever widen that street. So that's why we just basically wanted, in all fairness, to -- Chairman Winton: So, got a motion. Commissioner Sanchez: -- help him develop that land, which he has -- he's not going to be able to develop. So, in this agreeable conditions that we set forth today here, there is a compromise. We find a solution, and I am prepared to move, on second reading of this ordinance. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Is this a public hearing? Joel Maxwell (Deputy City Attorney): Yes, sir. Chairman Winton: What number is it? I still haven't -- Commissioner Sanchez: SR-1. Mr. Maxwell: Yes, it is. Chairman Winton: SR-1 is a public hearing. Anyone from the public like to speak on SR-1 ? Being none, we'll close the public hearing. Would you read the ordinance, please? Roll call, please. At this point, there was a roll call, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Mr. Dominguez: Thank you very much. Commissioner Sanchez: Thank you. ORDINANCES - FIRST READING FR.1 03-0024 ORDINANCE First Reading 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, OFFICERS, CITY CLERK," TO DECREASE, FROM $2.00 TO $1.00, THE FEE THE CITY CLERK MAY CHARGE FOR THE CERTIFICATION OF A PUBLIC RECORD; MORE PARTICULARLY BY AMENDING SECTION 2- 142(d) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 03-0024 -memo -1.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez Direction to the City Clerk by Vice Chairman Teele to schedule a discussion on Legistar for the next Commission Meeting. [Note: Clerk scheduled discussion on Legistar on the October 23, 2003 agenda.] Chairman Winton: FR.1 Vice Chairman Teele: So moved. Chairman Winton: Increase in fee. Got a motion. Second. Discussion? Being none, all in favor -- Vice Chairman Teele: Discussion. Chairman Winton: Yes, sir. Commissioner Teele. Vice Chairman Teele: Is there a discussion today, Ms. Clerk, on the -- this new format here? Priscilla Thompson (City Clerk): No. There was no discussion item placed on the agenda to specifically talk about the new Legistar product. Vice Chairman Teele: All right. Well, let me just do this. I think that in the next agenda, Mr. Manager, the Clerk should put on the agenda a brief discussion early on on the Legistar system. Because we've got a new process here and I don't think it's fair -- I think it creates a little confusion by not having a briefing for the users in the public, and I'm not criticizing you or the Clerk's Office, but I do think that the Legistar system needs to be rolled out. I heard Commissioner Regalado say, "Well, what is this already?" Commissioner Regalado: I don't understand it. City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Vice Chairman Teele: But all of our staffs have been briefed, is that right? Ms. Thompson: That is correct, sir. Chairman Winton: And I'll tell you -- Vice Chairman Teele: But none of us sleep with our staff so, you know -- Chairman Winton: And, Commissioner Regalado, I wasn't personally briefed and I got this cold, but after about 20 minutes looking at this, I love it. This is real clear, this new system, once you just kind of look at it for a few minutes. It is a great system. Commissioner Regalado: Why don't we -- Chairman Winton: We have a motion and a second on FR.1. Vice Chairman Teele: We have a motion and a second, with also with a request that the Legistar system be set up for a briefing by the Clerk's Office. Chairman Winton: At the next Commission meeting. Vice Chairman Teele: At the next meeting. Chairman Winton: Right. Any other discussion? Being none, all in favor "aye." Alejandro Vilarello (City Attorney): This is an ordinance. Ms. Thompson: It's an ordinance. It's an ordinance. Chairman Winton: Oh, I'm sorry. Ordinance. Sorry. Mr. Vilarello: This is an ordinance on first reading. Commissioner Regalado: Question, question. Why -- are we getting a draft agenda, because I always used to get the draft agenda, but I don't think that this time we got a draft agenda. Vice Chairman Teele: Let me answer the question. Not only do we get a draft agenda, you get the agenda now online as it's being drafted. So, before, you could only get the agenda when it had been drafted. Commissioner Regalado: Yeah, but for us primitive people, I need the draft agenda several days. I don't -- I'm not too able on this thing, but for -- Chairman Winton: We're still getting a hard copy. Commissioner Regalado: I didn't get the paper draft agenda, no. Vice Chairman Teele: Are you giving a hard copy, Madam Clerk? Ms. Thompson: That is actually sent out by the Manager's office. Commissioner Regalado: Oh, he didn't send it to me. Did you send this draft agenda? Chairman Winton: Do you have a receipt showing delivered? City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Joe Arriola (City Manager): I'll check into it, sir. I cannot give you a straight answer right now. Chairman Winton: OK Thank you. Vice Chairman Teele: Mr. Manager, on this -- and I had a meeting with the Clerk on this. I think it's really important that there be no changes -- Mr. Arriola: Yeah, I know. Vice Chairman Teele: -- on anything, you know, because the technology, I know, is -- gives us that capability of being a year ahead or a week ahead of where we were, but I think it's really important that there be no changes until the board -- at least as relates to the board -- until the board indicates they're ready for a change. Mr. Arriola: I'll make sure, sir. Chairman Winton: OK Any further discussion on FR.1 ? Oh, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. At this time, there was a roll call; the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. FR.2 03-0025 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED" THE MIAMI COMMISSION ON THE STATUS OF WOMEN ("MCSW') SPECIAL PROJECT FUND," CONSISTING OF MONIES RECEIVED AS DONATIONS, CONTRIBUTIONS AND BY FUND RAISINGS; AUTHORIZING SAID FUNDS TO BE USED EXCLUSIVELY TO COVER COSTS ASSOCIATED WITH MCSW SPONSORED CONFERENCES, SPECIAL EVENTS, AND COMMUNITY SPECIAL EVENTS AND COMMUNITY PROJECTS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT AND DEPOSIT INTO SAID SPECIAL REVENUE FUND, ALL DONATIONS AND CONTRIBUTIONS RECEIVED AND FUNDS RAISED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0025 - cover memo -1.pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez Commissioner Gonzalez: Move FR.2, Mr. Chairman. Chairman Winton: Motion. Second. Vice Chairman Teele: Second. City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: Discussion? Being none, an ordinance. Vice Chairman Teele: Are there people here that wanted to be heard on this? Commissioner Regalado: Yes. They're there. Chairman Winton: There is? Commissioner Gonzalez: It's an ordinance. Commissioner Regalado: It's an ordinance. Vice Chairman Teele: First reading. Chairman Winton: But who -- does someone want to be heard on this? Apparently, not, so would you read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. Chairman Winton: OK. Go ahead, Anita. Anita McGruder: 90 Northeast 42nd Street. And I'd like to thank the Commission for their support for all our efforts. I'd also like to thank especially the CityAttorney's Office, the Chief Financial Officer and our liaison office for their guidance in getting this legislation put together. And one of the reasons why this was so necessary is, for example, our Safe Family Day Program, which took place last night, we had been able to contact a number of different resources, who wanted to make contributions to our efforts. And the Commission on the Status of Women is unique among City boards, in that we develop and implement projects and activities to enhance women's issues within the City. And so, thank you very much for your vote. Chairman Winton: Thank you. Keep up the good work. FR.3, did we get a motion? We already Commissioner Gonzalez: Yes, I moved FR.3. Vice Chairman Teele: Yes (INAUDIBLE) moved it, I seconded it. Chairman Winton: You moved it. OK. Got a motion and a second on FR.3. FR.3 03-0026 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS/COMMUNITY RELATIONS BOARD" TO (1) INCREASE THE NUMBER OF MEMBERS, FROM TWELVE TO THIRTEEN, APPOINTED TO THE COMMUNITY RELATIONS BOARD ("CRB"), (2) CHANGE THE PROCESS BY WHICH VACANCIES ON THE COMMUNITY RELATIONS BOARD ARE FILLED TO REQUIRE THAT THE MAYOR OR CITY COMMISSION CHOOSE THEIR City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 APPOINTMENTS FROM A LIST OF CANDIDATES SUBMITTED BY THE CRB MEMBERS, AND (3) CHANGE TO SEVEN MEMBERS, THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM; MORE PARTICULARLY BY AMENDING SECTION 2-1152 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0026 -cover memo -1 .pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez Commissioner Gonzalez: Move FR.3. Chairman Winton: Motion. Vice Chairman Teele: Second. Chairman Winton: Second. Discussion? Would you like to speak on FR.3 or -- Anita McGruder: Yes. My name is Anita McGruder. I'm chair of the Commission on the Status of Women. Chairman Winton: That's FR.2. Alejandro Vilarello (City Attorney): That's on FR.2. Commissioner Gonzalez: We already voted on that. Chairman Winton: Yeah, we already voted on that. Ms. McGruder: OK. But I just wanted -- Chairman Winton: OK. Vice Chairman Teele: The Manager. Chairman Winton: Yes, sir. Joe Arriola (City Manager): Just one other thing. We did check. Your staff did get that in hard copy. Commissioner Regalado: The draft agenda? Mr. Arriola: Yes, they did. Commissioner Regalado: No, we didn't. Mr. Arriola: Yes, you did. Commissioner Regalado: No, we didn't. Chairman Winton: OK. City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Mr. Arriola: We just checked with the Chief of Staff, received the -- Commissioner Regalado: No. They sent an email, but we had difficulty with the email. I'm talking about the hard copy that I take home. Chairman Winton: There isn't any reason to argue the point, so move on. FR.3, we have a motion and a second. This is a first reading ordinance. Any discussion? If not, would you read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. At this time, there was a roll call; the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. Vice Chairman Teele: May I inquire? Why is the quorum being changed, because of additional member? Mr. Vilarello: It's the request from the board itself. Commissioner Gonzalez: From the board. Commissioner Regalado: I think it's about tying the vote six to six or six to seven. Chairman Winton: Did you get your question answered? Vice Chairman Teele: Yes. Chairman Winton: OK. FR.4 03-0046 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 35, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/ COCONUT GROVE PARKING IMPROVEMENT TRUST FUND," TO (1) REDUCE THE WAIVER FEE FROM $600 TO $540 PER PARKING SPACE PER YEAR, (2) REDUCE THE PURCHASE PRICE FOR PARKING SPACE WAIVER FROM $6,000 TO $5,400 PER PARKING SPACE, AND (3 INCREASE THE AMORTIZATION PERIOD FROM SIX (6) YEARS TO FIFTEEN (15) YEARS, AND (4) GRANT PARKING CREDIT FOR BUILDINGS BUILT PRIOR TO 1960 THAT HAVE BEEN DEMOLISHED OR MAY BE DEMOLISHED; MORE PARTICULARLY BY AMENDING SECTION 35-224 OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0046 - cover memo -1.pdf Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez Chairman Winton: FR.4. Vice Chairman Teele: Coconut Grove. So moved, Mr. Chairman. Chairman Winton: Yes. Commissioner Regalado: Second. Chairman Winton: Lucia. Lucia Dougherty: Good morning, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm joined today with John L. Mazre, who is affected by this ordinance. He is the current owner ofMr. Moe's and is about to construct Christy's Quarter, which is the old Cafe Europa site. John is going to have to pay, if you don't pass this ordinance, which we are totally supportive of he's going to have to pay five hundred and ten thousand dollars ($510, 000) for 85 waiver spaces for the building. Vice Chairman Teele: Lucia, are you for this ordinance? Ms. Dougherty: I'm for it, but I'd like a small modification. Under this reduction, he would have to pay four hundred and fifty-nine thousand dollars ($459, 000), which is a terrific benefit and certainly something that we are supportive of. But we would ask you to do one further consideration, and that is, we had to actually demolish a building that we tried to retain because it was an unsafe structure. In other words, the building across the street, Don Quixote, was able to have a credit for that building because it retained three walls. Mr. Mazre couldn't do that. He couldn't retain the walls because it was really an unsafe sfructure. So, if we were able to get a credit for the building that existed there before, and we just built back the same sfructure and added on to it, we would have a credit for an additional 12 spaces. So, what we would ask for is that if this Commission would consider allowing a credit for the parking spaces that would have been there or the credit for the building as if he kept up the walls? That would allow us to pay three hundred and ninety-five thousand instead of four hundred and fifty-nine thousand. Chairman Winton: Which I understand he spent a great deal of time working to try to keep those walls, but the structure just -- Ms. Dougherty: That's right. Chairman Winton: It couldn't happen. Commissioner Regalado: Mr. Chairman, I make a motion to amend the ordinance. Chairman Winton: Yeah. Vice Chairman Teele: Second the motion. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? Would you read the ordinance, please, the amended ordinance? Commissioner Regalado: As amended. Alejandro Vilarello (City Attorney): Change the title in terms of the number -- City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Ms. Dougherty: The amendment would probably -- yes, it would change the title to simply say that credit would be given to a building which had to be demolished. Vice Chairman Teele: Has this been -- have you all worked this out? Mr. Vilarello: This is an ordinance which was sponsored by the Advisory Board. We placed it on the agenda at their request. So, I have no idea whether or not the Advisory Board has considered this modification or this issue. Ms. Dougherty: I will tell you that I did request -- Vice Chairman Teele: But that's what second reading is for. It's a public hearing, and they can come back at second reading. I would ask that the item be deferred until that other item comes up at 4:30, whatever it is that he's -- four o'clock, so that the attorneys can make sure that they work out the language. It is going to require title change. Ms. Dougherty: That would be fine. Chairman Winton: Yeah. That's OK Ms. Dougherty: Thanks very much. Vice Chairman Teele: Thanks for coming. Chairman Winton: All right. Mr. Vilarello: In fact, I'd prefer that. Thanks. Chairman Winton: OK. All right. Chairman Winton: Mr. City Attorney, you had -- Alejandro Vilarello (City Attorney): Yes. With regard to Item FR.4., that there was a title change on first reading. We have the title ready if you'd like to consider it. Chairman Winton: Yeah. So we need a motion on FR.4. Vice Chairman Teele: So move. Commissioner Sanchez: Second. Chairman Winton: Second. And it's an ordinance, right? Mr. Vilarello: Yes. Chairman Winton: Well, you want to read the ordinance? The ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call. At this point, a roll call was taken, the result of which is stated above. City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Priscilla Thompson (City Clerk): The ordinance is passed on first reading, four/zero. RESOLUTIONS RE.1 03-0027 RESOLUTION (4/5THS VOTE) A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY, AND INCREASING EXISTING PURCHASE ORDER NO. 231785 WITH GANCEDO TECHNOLOGIES, IN AN AMOUNT NOT TO EXCEED $10,000 , APPROVED BY RESOLUTION NO. 01-1321, ADOPTED DECEMBER 19, 2001, TO COVER ADDITIONAL CONSTRUCTION COSTS FOR THE PROJECT ENTITLED "WATSON ISLAND BOAT RAMP LIGHTING PROJECT;" ALLOCATING FUNDS FOR THE ADDITIONAL AMOUNT FROM CAPITAL IMPROVEMENTS PROJECT NO. 333126, ACCOUNT NO. 669301.6.860, AMENDING RESOLUTION NO. 01-1321, ADOPTED DECEMBER 19, 2001, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID INCREASE 03-0027- cover memo.pdf 03-0027- memo from economic dev.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1095 (INAUDIBLE COMMENTS DUE TO TECHNICAL DIFFICULTIES) Commissioner Regalado: However, there is a problem. The homeless are back in Watson Island . About 20 are living in the bushes. They have broken into the fish markets after 6. There is a police officer that only works until 6p.m. They have broken the main waters over there. The water is flowing, been flowing for days. They have stolen several things. They have destroyed and vandalized several of the buildings of the fish markets there. Chairman Winton: And like damage to light poles that we're paying for again here in this resolution. Commissioner Regalado: No, but this is across the street. We are approving for the ramp, but this is across the street where this project is going to go, and where the fish markets are. The homeless are breaking into that area. They jump or go under the fence, and they have created damages of thousand and thousand of dollars -- which the City doesn't pay -- these people have to fix. I think that we need to do something. And also, the road leading to those fish markets, I did send an e-mail to Ms. Cuervo regarding this. Several cars had their tires flat because of the potholes, and you can't drive on those roads. It's very difficult. You know, it's a nice area. People go to the Children's Museum, and whoever comes through this road have their cars broken. I think that the City has neglected that area. And, you know, someday, when people are leaving the Children's Hospital (sic), they're going to have a problem with these homeless City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 people, because they are very aggressive there. Vice Chairman Teele: What do you want to do? Commissioner Regalado: What I want to do? I -- Chairman Winton: Chief would you look into this issue of homeless on Watson Island and begin to do some real cleanup over there -- Commissioner Regalado: Send the police. Chairman Winton: -- and then just kind of keep us posted. Commissioner Regalado: Send the army, special forces, I don't know. Commissioner Gonzalez: Please don't send them to Allapattah. Vice Chairman Teele: On the motion. Chairman Winton: On the motion. Vice Chairman Teele: Call the question. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. RE.2 03-0028 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ADMINISTRATION'S REQUEST TO THE FLORIDA DEPARTMENT OF TRANSPORTATION THAT THE TRAVEL LANES BE REDUCED FROM THREE TO TWO LANES IN EACH DIRECTION BETWEEN THE LIMITS OF NORTHEAST 37TH STREET AND NORTHEAST 54TH STREETS, AND THAT THE LANE WIDTH BE REDUCED FROM 10.5 FEET TO 10.0 FEET BETWEEN THE LIMITS OF NORTHEAST 67TH STREET TO NORTHEAST 87TH STREET, MIAMI, FLORIDA, IN ACCORDANCE WITH THE URBAN STREETS POLICY TR-1.4.4. 03-0028- cover memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1096 Chairman Winton: R.2. R.2. Traveling Who's got this issue? Madam City Manager? Ana Gelabert (Director, Planning & Zoning): Ana Gelabert, City ofMiami Planning. This is -- City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 we've been working with the Florida Department of Transportation on Biscayne Boulevard, and this is something that they have requested, the reduction of lanes, travel lanes and width of lanes, in order to accommodate for wider sidewalks and -- Chairman Winton: So this is on Biscayne Boulevard. Ms. Gelabert: This is for Biscayne Boulevard, the Upper East Side. Chairman Winton: Got it. I didn't understand that, then. So need a motion. Commissioner Gonzalez: Move it. Commissioner Sanchez: Second. Chairman Winton: Got a motion, second. Discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Ms. Gelabert: Thank you. BOARDS AND COMMITTEES BC.1 03-0001 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Michael Barket Commissioner Joe Sanchez 03-0001-memo-1.doc 03-0001-list-2.doc DEFERRED Commissioner Gonzalez: BC.1. Chairman Winton: What did you say? Commissioner Gonzalez: BC.1, right? Chairman Winton: Yeah. Got the boards. Bayfront Park Trust. Commissioner Sanchez: Madam Clerk. Priscilla Thompson (City Clerk): Yes, sir. Commissioner Sanchez: My appointment at Bayfront Park, at this time, I would like to defer. City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: OK. So that's it on -- BC.2 03-0002 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Joe Sanchez hm nuisance.doc NUISANCE MEMBERS.doc DEFERRED Commissioner Sanchez: Nuisance Abatement Board, I would also like to defer. Chairman Winton: OK. BC.3 03-0003 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE OVERTOWN ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Charles Cutler 03-0003-memo-1.doc 03-0003-list-2.doc 03-0003-applications-3. pdf DEFERRED NOMINATED BY: Chairman Arthur Teele, Jr. Chairman Winton: Commissioner Teele, you have one appointment to Overtown Advisory Board and the Mayor has one. Vice Chairman Teele: Let me see who the Mayor appoints first. Chairman Winton: He's apparently not appointing anyone today, so we'll skip that. Vice Chairman Teele: What are we on now? Chairman Winton: BC.3. Commissioner Regalado: Overtown -- Commissioner Sanchez: Board appointments. Commissioner Regalado: -- Advisory Board. City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: Overtown Advisory Board. BC.4 03-0004 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Richard Arango Commissioner Joe Sanchez Hakki Koroglu Commissioner Joe Sanchez Willy Bermello Commissioner Tomas Regalado Carlos Prio-Touzet Commissioner Tomas Regalado Julio Diaz Commissioner Angel Gonzalez Robin Bosco Commissioner Angel Gonzalez Derek Smith Vice -Chairman Arthur Teele, Jr. Bernard Zyscovich Chairman Johnny Winton Todd Tragash Chairman Johnny Winton (Alternate) hm urban.doc urban members.doc Urban back up.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1073 The nomination of RichardArango and Hakki Koroglu was moved by Commissioner Sanchez, seconded by Commissioner Regalado, and unanimously approved by the Commission. The nomination of Derek Smith was moved by Vice Chairman Teele, seconded by Commissioner Gonzalez, and unanimously approved by the Commission. (Vice Chairman Teele deferred his second nomination) The nomination of Bernard Zyscovich and Todd Tragash was moved by Vice Chairman Teele, seconded by Commissioner Sanchez, and unanimously approved by the Commission. (These nominations were for Chairman Winton) City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 The nomination of Willy Bermello and Carlos Prio-Touzet was moved by Commissioner Regalado, seconded by Vice Chairman Teele, and unanimously approved by the Commission. The nomination ofJulio Diaz and Robin Bosco was moved by Commissioner Gonzalez, seconded by Commissioner Sanchez, and unanimously approved by the Commission. Vice Chairman Teele: BC.4? Chairman Winton: Well, if we skip 3, we go to BC.4. BC.4, Urban Development Review Board. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: Madam Clerk, who are my two appointments? Priscilla Thompson (City Clerk): I'm sorry. It's RichardArango -- I'm sorry -- and Hakki Koroglu. Commissioner Sanchez: Are they attending the meetings? Ms. Thompson: As far as we know, we don't have any report of excessive absences. Commissioner Sanchez: I would make a motion to reappoint both. Commissioner Regalado: Second. Chairman Winton: Motion and second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Commissioner Teele. Vice Chairman Teele: I would reappoint Derek Smith for one. Chairman Winton: Motion on Derek Smith. Commissioner Gonzalez: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Would one ofyou all move my two for reappointment? Vice Chairman Teele: I would so move for -- Commissioner Sanchez: Second Chairman Winton: Motion and a second. Discussion. Being none, all in favor, "aye." City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Commissioner Regalado. Commissioner Regalado: Willy Bermello, Carlos Prio-Touzet. Vice Chairman Teele: Second. Chairman Winton: Motion and second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Commissioner Gonzalez. Commissioner Gonzalez: I would reappoint Julio Diaz and Robin Basco. Chairman Winton: Motion. Commissioner Sanchez: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. BC.5 03-0005 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ignacio Abela Commissioner Angel Gonzalez (Category: C.P.A.) Angela Frederick Vice -Chairman Arthur Teele, Jr. (Category: Masters in Accounting) hm audit.doc AUDIT MEMBERS.doc Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1074 Commissioner Gonzalez moved the nomination of Ignacio Abela, seconded by Commissioner Regalado, and passed unanimously. City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Commissioner Teele moved the nomination ofAngela Frederick, with a waiver of the residency requirement, by a four fifths vote, seconded by Commissioner Gonzalez, and passed unanimously Chairman Winton: OK, BC.5, Audit Advisory Committee. Commissioner Gonzalez. Commissioner Gonzalez: I will reappoint Ignacio Abella. Chairman Winton: Need a second. Commissioner Regalado: Second. Chairman Winton: A motion and second. Discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Commissioner Teele. Vice Chairman Teele: I would reappoint Angela Frederick, with a request for a waiver, in that she doesn't live in the City. Commissioner Gonzalez: Second. Chairman Winton: Motion and second. Need four/fifths. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. BC.6 03-0006 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A UNANIMOUS AFFIRMATIVE VOTE, WAIVING THE TERM LIMIT REQUIREMENTS CONTAINED IN SECTION 2-885(b) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT FOR TERMS AS DESIGNATED HEREIN. George Childs Larry Schokman Willis Harding Robert H. Smith Ruth Hopkins -Rosenthal Betty Waldor Steve Pearson Suzanne Salichs Carmen Petsoules Peter Nagy HM BEAUTIFICATION.doc BEAUTIFICATION members.doc Beautification back up.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1075 City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 03-0006a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS AFFIRMATIVE VOTE, WAIVING THE RESIDENCY REQUIREMENTS CONTAINED IN SECTION 2-844 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CERTAIN MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT. George Childs Larry Schokman Willis Harding Robert H. Smith Ruth Hopkins -Rosenthal Betty Waldor Steve Pearson Suzanne Salichs Carmen Petsoules Peter Nagy Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1078 03-0006b RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS AFFIRMATIVE VOTE, WAIVING THE RESIDENCY REQUIREMENTS CONTAINED IN SECTION 2-884 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH REGARD TO THE APPOINTMENT OF CERTAIN MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT MADE AT THE COMMISSION MEETING OF JULY 17, 2003. Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1079 Chairman Winton: Committee on Beautification and Environment. Priscilla Thompson (City Clerk): Commissioner Winton, ifI can just go over a couple of things there, please, on BC.6. There are a number of things that need to be done here. Chairman Winton: OK. Ms. Thompson: You have individuals who have -- whose names are in. The first eight individuals, Childs, Harding, Hopkins -Rosenthal, Pearson, Petsoules, Larry Schokman, Robert Smith and Waldor, they need to have the waiver of the term limit. They've all served over the eight year term limit. So the first thing we need is a waiver on that. Chairman Winton: And this group's come to us and said, look, we really want to get busy, and City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 you all fund is a little bit, and we'll raise some money, and they'll get busy, you know. Ms. Thompson: That is correct. Chairman Winton: Do we have a motion on the waiver? Commissioner Gonzalez: Move the waiver on BC.6. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Ms. Thompson: Now, the second thing I need you to do on those same -- you're still in BC.6. I need a blanket waiver, a four/fifth waiver on the residency requirement for the last two people, Salichs and Nagy. Chairman Winton: Who? Ms. Thompson: The last two people -- Vice Chairman Teele: 9 and 10? Ms. Thompson: Yes, 9 and 10. Vice Chairman Teele: So move. Commissioner Gonzalez: Second. Chairman Winton: Oh, I got it. OK. Motion, second. Discussion. Being none, all in favor, " aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Ms. Thompson: And lastly, we had a number of individuals who were appointed at the July 17th meeting. There were actually eight appointments. And we also would need a blanket four/fifth residency waiver for those individuals. Vice Chairman Teele: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Ms. Thompson: Thank you. City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: You're welcome. Thank you. Vice Chairman Teele: So how many members of this board? Doesn't matter. Let me BC.7 03-0007 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Timothy Keegan Commissioner Joe Sanchez Norma Castillo Commissioner Angel Gonzalez Candis Trusty Vice -Chairman Arthur Teele, Jr. David Berley Chairman Johnny Winton HM FINANCE.doc FINANCE MEMBERS.doc Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1080 The nomination of Norma Castillo was moved by Commissioner Gonzalez, seconded by Vice Chairman Teele, and passed unanimously. The nomination of Candis Trusty was moved by Vice Chairman Teele, seconded by Commissioner Gonzalez, and passed unanimously. The nomination of Richard Berkowitz was moved by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously. This motion was later reconsidered and Commissioner Regalado nominated Eli Feinberg. The nomination of Timothy Keegan was moved by Commissioner Sanchez, seconded by Commissioner Gonzalez, and passed unanimously. The nomination of David Berley was moved by Commissioner Gonzalez (on behalf of Chairman Winton), seconded by Commissioner Teele, and passed unanimously. 03-0007A RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Eli Feinberg Commissioner Tomas Regalado Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Noes: 1 - Commissioner Winton R-03-1 089 A motion made by Commissioner Regalado, seconded by Commissioner Gonzalez, to reconsider prior motion made to nominate Richard Berkowitz as a member of the Finance Committee, passed unanimously. Chairman Winton: BC.7, Finance Committee. Commissioner Gonzalez. Commissioner Gonzalez: I'll reappoint Norma Castillo. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. (INAUDIBLE COMMENT) Chairman Winton: Yes, BC.7. Commissioner Teele. Vice Chairman Teele: I'll reappoint Candis Trusty. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Teele: She was from your district, Commissioner Winton. Chairman Winton: OK, great. The motion carries. Commissioner Regalado. Commissioner Regalado: Richard Berkowitz. Chairman Winton: I'm sorry? Commissioner Regalado: This is BC.7, right? Chairman Winton: 7, yes, sir. Commissioner Regalado: Richard Berkowitz. Chairman Winton: Motion. Commissioner Gonzalez: Second. City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Commissioner Sanchez: Madam Clerk. Priscilla Thompson (City Clerk): Yes, sir. Commissioner Sanchez: My appointment has -- she -- I believe it's a "she"? Ms. Thompson: Timothy Keegan. Commissioner Sanchez: No. Has he been attending the meetings? Ms. Thompson: Yes. We don't have any report of any excessive absences. Commissioner Sanchez: I would so move to reappoint. Chairman Winton: Motion, second. Commissioner Gonzalez: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: The motion carries. Commissioner Gonzalez: I move David Berley for Chairman Winton. Chairman Winton: Thank you. Need a second. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Vice Chairman Teele: Mr. Chairman, I made a mistake on BC.7, on the appointment. Chairman Winton: So BC. 7. We need a motion to rehear? What do we need? Commissioner Gonzalez: Move to reconsider. Chairman Winton: We need a motion to reconsider BC.7. Got a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Yes, sir, Commissioner Regalado. City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Commissioner Regalado: It's Eli Feinberg. Commissioner Gonzalez: Second. Commissioner Regalado: Richard Berkowitz is in another committee I just -- Chairman Winton: OK. Eli. Commissioner Regalado: -- made a mistake. Chairman Winton: We have a motion -- Eli Feinberg, on BC.7. We have a motion, second. Discussion. Commissioner Regalado, nothing -- this is not directed towards you at all, but I am going to vote against Eli Feinberg, just so you know. Commissioner Regalado: OK, no problem. Chairman Winton: Eli Feinberg. It's about -- Remember that issue over MSEA (Miami Sports and Exhibition Authority)? Commissioner Gonzalez: Right, mm-hmm. Chairman Winton: So we have a motion, a second. All in favor, "aye." Commissioner Gonzalez: Aye. Commissioner Regalado: Aye. Commissioner Sanchez: Aye. Vice Chairman Teele: Aye. Chairman Winton: One "no." Motion carries. Vice Chairman Teele: I'll be here when you're gone. Chairman Winton: I'll be here when you're gone. And unfortunately, he's got four more years than me. So we don't know if he's going to make it yet. BC.8 03-0008 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI AND SOUTH FLORIDA COORDINATION COMMITTEE FOR THE CELEBRATION OF THE REPUBLIC OF HAITI BICENTENNIAL (JANUARY 1, 1804 - JANUARY 1, 2004). APPOINTEE: NOMINATED BY: Commission At -Large hm haiti.doc haiti members.doc DEFERRED Chairman Winton: The Haiti Bicentennial Coordination Committee. Commission at large. City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Commissioner Teele, got any ideas? Vice Chairman Teele: Well, we've got a large committee. We'll just hold that unless someone here would like to -- Chairman Winton: We'll go to the -- BC.9 03-0009 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE LITTLE HAVANA FESTIVAL COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jesus Morales Commissioner Joe Sanchez hm little havana festival.doc little havana members.doc Motion by Commissioner Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1081 Vice Chairman Teele deferred his nomination. Vice Chairman Teele: Little Havana Festival. Chairman Winton: BC.9. Commissioner Teele. Vice Chairman Teele: I don't have a replacement to Mr. Sabines yet. Chairman Winton: Commissioner Sanchez, we're on BC.9., Little Havana Festival Committee. Commissioner Sanchez: Jesus Morales. Commissioner Gonzalez: Second. Chairman Winton: Moved, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. BC.10 03-0010 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 APPOINTEE: NOMINATED BY: Armando Silva -Trujillo Commissioner Angel Gonzalez hm codesignation.doc codesignation members.doc Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1082 Commissioner Sanchez deferred on his nomination. Chairman Winton: Street Co -Designation Review Committee. Commissioner Sanchez. Commissioner Sanchez: Defer. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: I'll reappoint Armando Jota Silva -Trujillo. Chairman Winton: We need a second. Vice Chairman Teele: Second. Chairman Winton: Got a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. BC.11 03-0012 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR AND ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Manuel Chamizo Commissioner Joe Sanchez (Regular member for unexpired term ending February 13, 2004) Richard Tapia Commissioner Angel Gonzalez (Regular member for unexpired term ending February 12, 2006) City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 John Jones Commission At -Large (Alternate member for unexpired term ending February 10, 2004) Anthony Cantey Commission At -Large (Alternate member for unexpired term ending February 10, 2004) hm code.doc Code Members.doc Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1092 Commissioner Sanchez moved, with a second by Vice Chairman Teele, the nomination ofManuel Chamizo, with a waiver, by a four fifths affirmative vote, of the attendance requirements of Section 2-886 of the Code of the City ofMiami, as amended, as it relates to past absences on record for Manuel Chamizo. The motion passed unanimously. Commissioner Gonzalez moved, with a second by Commissioner Regalado, the nomination of Richard Tapia. The motion passed unanimously. Commissioner Regalado moved, with a second by Commissioner Gonzalez, the appointment of John Jones as alternate at -large member. The motion passsed unanimously. Commissioner Teele moved, with a second by Commissioner Gonzalez, the appointment of Anthony Cantey as alternate at -large member. The motion passed unanimously. Chairman Winton: Where are we? I'm sorry. Priscilla Thompson (City Clerk): BC.12. Commissioner Gonzalez: No, 11. Vice Chairman Teele: 11. Commissioner Gonzalez: We haven't done 11 yet. Chairman Winton: BC.11, Code Enforcement. Right. Commissioner Sanchez. BC.12 03-0013 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Orlando Garcia, Jr. Commissioner Joe Sanchez City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Diego Garcia Commissioner Joe Sanchez Commissioner Regalado Commissioner Tomas Regalado Maritza Gutierrez Commissioner Tomas Regalado Commissioner GonzalezCommissioner Angel Gonzalez Pastor Dwayne Gaddis Vice -Chairman Arthur Teele, Jr. HM MSEA .doc msea members.doc Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1 098 A motion requiring a unanimous vote, to waive the term limit for the nomination of Eli Feinberg was introduced by Commissioner Gonzalez, seconded by Vice Chairman Teele, and FAILED by the following vote: AYES: Commissioner Gonzalez, Commissioner Sanchez, Commissioner Regalado, Vice Chairman Teele NAYS: Chairman Winton On a motion by Vice Chairman Teele, seconded by Commissioner Regalado, Commissioner Gonzalez proferred himself as one nomination and deferred his second nomination. The motion passed unanimously . Commissioner Sanchez moved, with a second by Commissioner Regalado, the nomination of Orlando Garcia, Jr. and Diego Garcia. The motion passed unanimously . Chairman Winton deferred his two nominations. Vice Chairman Teele moved, with a second by Commissioner Gonzalez, the nomination of Pastor Dwayne Gaddis to replace Al Huston and deferred his second nomination. The motion passed unanimously. Commissioner Regalado moved, with a second by Commissioner Gonzalez, the nomination of Commissioner Regalado as one member and Maritza Gutierrez as his second member. The motion passed unanimously. Chairman Winton: BC.12. MSEA (Miami Sports and Exhibition Authority). Commissioner Gonzalez: At least I'm going to give it a shot. Vice Chairman Teele: Well. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: I move for the waiver of Feinstein. City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Vice Chairman Teele: Feinberg. Commissioner Gonzalez: Feinberg. I'm sorry. Chairman Winton: We have a motion. Commissioner Gonzalez: Eli Feinberg. We need a second. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. Vice Chairman Teele: Roll call. Chairman Winton: Yeah, roll call. Commissioner Gonzalez: Roll call. Priscilla Thompson (City Clerk): Commissioner Regalado. Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez. Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Sanchez. Commissioner Sanchez: Yes. Ms. Thompson: Commissioner Teele. Vice Chairman Teele: Yes. Ms. Thompson: Chairman Winton. Chairman Winton: No. Vice Chairman Teele: The motion fails. Commissioner Sanchez: Hey, Johnny, how does it feel to be that one vote, huh? I've been there many times. I could write a book. I bought a T-shirt. Commissioner Gonzalez: So I need to appoint another person, right? Chairman Winton: Yeah. Commissioner Gonzalez: OK I'm going to defer my appointment for the next Commission meeting. Vice Chairman Teele: Are you going to reappoint yourself? Commissioner Gonzalez: Pardon? City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Vice Chairman Teele: Are you going to reappoint yourself? Commissioner Gonzalez: Oh, yes, definitely. Vice Chairman Teele: I would move Commissioner Gonzalez. Commissioner Regalado: Second. Chairman Winton: Second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. I'm voting "aye, aye, aye." Commissioner Sanchez: That's MSEA, appointment on MSEA? Chairman Winton: I'm sorry? Commissioner Sanchez: Is that MSEA we just appointed? Chairman Winton: Yeah. Commissioner Sanchez: I would like to reappoint both of my appointments. Chairman Winton: Motion. Commissioner Regalado: Second. Chairman Winton: Second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. I'm going to defer mine to next meeting. Vice Chairman Teele: I would like to appoint Pastor Gaddis to replace Mr. Huston. So move. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Commissioner Regalado: Are you reappointing yourself? Vice Chairman Teele: I'm not, not at this time. Chairman Winton: Commissioner Gonzalez -- I mean -- yes, Commissioner Regalado. Commissioner Regalado: I'm reappointing myself and reappointing Maritza Gutierrez. City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Vice Chairman Teele: Second the motion. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Priscilla Thompson (City Clerk): Excuse me, sir. Ms. Gutierrez will need a four/fifths residency waiver. Chairman Winton: OK. Motion with waiver. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Are we -- did that get all ofMSEA? BC.13 03-0014 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Timothy Prunka DDA Board Scott Robbins DDA Board Rodrigo Trujillo DDA Board Alvin West DDA Board Tony E. Crapp, Sr. Cabinet of State of Florida hm dda.doc DDA members.doc DDA back up.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1100 A motion to appoint Scott Robbins, Rodrigo Trujillo, Alvin West and Tony E. Crapp, Sr. as members of the Downtown Development Authority was moved by Commissioner Regalado, seconded by Commissioner Gonzalez, passed unanimously with Commissioner Gonzalez absent. A motion appointing Timothy Prunka as a member of the Downtown Development Authority, with a unanimous waiver of the term limit, was unanimously passed. Chairman Winton: BC.13. DDA (Downtown Development Authority). This is -- do you want City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 me to -- Commissioner Regalado: You want me to move it? Priscilla Thompson (City Clerk): Excuse me. I'm sorry, Commissioners. Timothy Prunka, eight - year term limit. So you'll have to -- you'll need a unanimous waiver of the term limit. Chairman Winton: OK. Commissioner Regalado: I'll move it with a waiver for Timothy Prunka for the eight years term. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would ask, so that we do this in a consistent way that the motion exclude Timothy Prunka and then do him second. Do him -- Chairman Winton: That's probably a smart -- right. Vice Chairman Teele: Do him as a separate motion. Chairman Winton: Commissioner Gonzalez, do you accept that? Vice Chairman Teele: Commissioner Sanchez. Chairman Winton: Who made the -- Vice Chairman Teele: Regalado. Commissioner Regalado: Sure. Chairman Winton: So we have a modified motion to do everybody except Timothy Prunka, and we'll do that with a follow-up motion. Any further discussion? Vice Chairman Teele: This includes the motion including Tony Crapp, Sr., as well. Chairman Winton: Right. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Now we need a separate motion on Tim Prunka, on the eight year -- Commissioner Regalado: Move it. Vice Chairman Teele: Second. Ms. Thompson: You would need a unanimous on it. Chairman Winton: We need five votes on this. City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Vice Chairman Teele: No, this is unanimous. Just unanimous. Chairman Winton: Oh, unanimous? Isn't unanimous five? Ms. Thompson: That's -- Chairman Winton: What's the new rule? Vice Chairman Teele: Is it unanimous or is itfive? Chairman Winton: On eight year requirement, does it require five unanimous votes, or can it be four unanimous votes? Alejandro Vilarello (City Attorney): To waive the term limits? Chairman Winton: Yeah. Vice Chairman Teele: No. Mr. Vilarello: It's unanimous. Vice Chairman Teele: Is it unanimous or is itfive? Mr. Vilarello: It's five. It requires -- Vice Chairman Teele: But five is not unanimous. Unanimous could be four. It could be three. Chairman Winton: Yeah. Mr. Vilarello: Yes, sir. It requires five affirmative votes. Chairman Winton: OK. So we can't vote on that till -- There's Commissioner Gonzalez right there. He's coming. Vice Chairman Teele: It should be unanimous. Chairman Winton: Commissioner Gonzalez, we're waiving the eight -year thing on Timothy Prunka. That's a new motion and a second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. BC.14 03-0015 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gustavo Godoy Commissioner Joe Sanchez City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 03-001 5-memo-1 .doc 03-001 5-list-2.doc 03-0015 back-up 3.pdf DEFERRED Chairman Winton: Virginia Key Beach Trust. Commissioner Sanchez. Commissioner Sanchez: Defer. Commissioner Gonzalez: Second. Chairman Winton: Do we need a motion to defer? Vice Chairman Teele: Yeah. Chairman Winton: Well, then, motion, second. Discussion. Vice Chairman Teele: The only issue here was that he had a gentleman named Mr. Townsend, who does not comply with City residency. Commissioner Sanchez: And the other issue is I'd like to get someone from my district to participate in that process. And basically, what I'm doing is I'm interviewing people and selecting the appropriate person to go into a board, and be a part of the board, and be a productive member, and not be -- Chairman Winton: Great. OK So did we pass that already? Priscilla Thompson (City Clerk): No. Vice Chairman Teele: No. It's deferred. Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 DISCUSSION ITEMS DI.1 03-0076 DISCUSSION ITEM DISCUSSION CONCERNING A STATUS REPORT ON THE BUS BENCH ISSUE. (This item was deferred from the meetings of July 24, 2003 and September 25, 2003) 03-0076-cover memo 03-0076 submitted 2.pdf Direction to the City Manager: by Vice Chairman Teele to work with the Department ofAsset Management, the Department of Economic Development, the Department of Public Works and the City Attorney to enter into long term lease agreements for use of public land for the appropriate placement of bus benches throughout the City, in compliance with Americans with Disabilities (ADA) laws; further directing that a nexus be made between the vendor for bus benches and the vendor for bus shelters. Commissioner Sanchez directed that bus benches not be placed along fences where vandals use them as a ladder to climb fences to trespass into private properties. Commissioner Regalado stated that in the future, the City needs to plant trees to provide shade on bus benches. Chairman Winton: Who wants to -- who's giving the report on the status of bus bench? Commissioner Regalado: Bus benches, I'd like to hear that. Albert Dominguez: Commissioners, my name is Albert Dominguez. I'm the acting Director of Public Works for the City ofMiami. Let me pass out a document which has a list of all of the bus benches per district that have been installed. I'm very pleased to report that the installation of the bus benches has continued to enjoy a significant increase in the number of benches installed throughout the City. To date, there's been a total of 588 benches installed throughout the City. There's 231 metal benches and 357 wood benches. You can see in the report that there's -- the distribution throughout the districts to date. The bus bench contractor received a shipment that was released from the Port ofMiami for 250 bus benches in the last week and a half, and they have placed an additional 65 to 70 new benches in the last two weeks. They are working diligently to meet their goal of complete installation by this December. Vice Chairman Teele: Discussion on this item. Did Commissioner Regalado -- I mean, did Commissioner Gonzalez have -- Let me say to the new -- to the Assistant Manager -- no, no, stay right where you are. There has been a lot of discussion on this. One of the problems with this whole bus bench thing is the way it got born in the City. It's never been thought through. We directed six months ago under -- before -- when your predecessor was here, he committed to put together a team. And that team has got to include the Economic Development people more so than Public Works. What we have in this City is a total disregard for the public, dependent people. It is totally convenient for the bus bench advertisers. That's what -- this whole system is driven by the bus bench advertisers, the incumbent. And I don't blame him. I blame us for not doing our part. If you drive up and down this City, you will see bus benches, "A," that are inappropriately placed too close to the curb area, areas that just go the full gamut. And the tragedy in most of this is with a little bit of work from the Economic Development Department, the Asset Management component, with the Law Department, with Public Works, we could have a model bus bench community. Why? Because much of the bus benches involve institutions that are government owned. If you drive down 7th Avenue, starting right here at the river, you will see one of the most used, heavily used routes -- I think that's the 77 -- that is absolutely chaotic. On the corner of 20th Street and 7th Avenue, which is right where Miami -Dade has a skill center, you will see 30 and 40 people standing around, with no place to sit, no place to do City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 anything. And you know, what's so tragic about it is that most of the land is owned by the University ofMiami, Miami -Dade County or the Miami -Dade School Board, or some governmental entity. The same thing is true there at 14th and 7th, where you have the Women's Detention Center. Those people catch hell frying to go there and visit. But yet, the land is owned by the County. There is no reason why we don't enter into long-term lease agreements for the use of -- You know, we're talking about, you know, six feet of land, six square feet of land. That's all we're talking about. It's going to be very complicated, very time-consuming. But if you put together a team and you -- a working group and really do this, I think you can make a dramatic impact. And there is no reason with the other follow on discussion about the half cent transportation sales tax that we don't take this as one of our missions to have a model public transportation infrastructure in this City that isADA-sensitive, as well. That is Americans with Disabilities Act sensitive, as well. And so that working group was supposedly put together -- I found out later on that it hasn't been put together. Are you all working, Mr. Public Works Director, with anyone in Asset Management, in trying to survey government owned land, et cetera? Mr. Dominguez: Not at this time. Vice Chairman Teele: But if you go through and look at the Clerk's report, it was committed. So my only point is we have a tremendous opportunity to address a unique problem of poverty, which is the transit -dependent. We have the resources. We have the legislative direction. And I would urge you, Madam Manager, Mr. Director, for you all to work with Asset Management, the Economic Development, the City Attorney, and let's go out here and get some use agreements. It may mean that in some cases, we have to buy a few feet of land. But that makes all the difference in the world. And the other issue was -- and I don't know where this is with you, Mr. Attorney -- there was going to try to be some nexus between bus benches and bus shelters. And there was supposed to have been some discussions on that, because one of the problem is you've got bus benches competing with bus shelters. And the ideal thing, literally, is that they were all one -- you're saying bus shelters. But the idea thing is if there were one vendor, or at least an association of the two vendors so they're not out there competing, because that's what litters the neighborhood, when people feel like they've got to go out and compete to put up the advertising. Thank you, Mr. Chairman. And I know that my colleague has something to say. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, I just have one issue that I want to point out, and it's on the placement. Chairman Winton: On the who? Commissioner Sanchez: Placement of these bus benches. And I know that my office has been in contact through your office, because the complaints are coming in that some of these bus benches are being put on the sidewalk, along the fence, and people are using them as a step up to climb over fences, to go into yards. Chairman Winton: Wow. Commissioner Sanchez: So, you know, I know there's been like maybe two or three complaints pertaining to that, and we have directed -- My staff has been working with you, because I see the e-mails-- Mr. Dominguez: Absolutely. Commissioner Sanchez: -- to address these issues. And my -- what I would ask you is that if you could contact those owners and see how we could, you know, move those bus benches to a more City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 appropriate spot in the sidewalk. Mr. Dominguez: Absolutely. We're doing that and we're working with the community. I'm glad to say that the complaints have been less than two percent of the placements for those. But they are there. We are working very closely with them, and we're reaching agreements on the placement that satisfy both the residents, ADA and the requirements of the Metro -Dade Transit. Commissioner Sanchez: But on the bright side -- because there's always a bright side -- our City today is a much better City when it comes to the quality of life. You know, the bus benches, the news rack ordinance and many other ordinances that we've passed to improve the quality of life, it's not perfect, but if you compare ourselves to three or four years ago, there's a big, big difference. I, too, tend to agree that there's a big difference with, you know, a bus bench and a bus shelter. And we really need to start focusing on the bus shelters now, because, you know, when you sit in a bus bench waiting for a bus, and it starts to rain, what do you do? But if you're in a bus shelter and it starts to rain, I mean, you're protected from the weather. So we need to work now on the bus shelters in the City ofMiami. Thank you. Chairman Winton: Anything else on that issue? Sorry? Commissioner Regalado: I just think that we need to rethink in the future. I don't mind the iron benches. Chairman Winton: The who? Vice Chairman Teele: Iron. Metal. Commissioner Regalado: You know, I think the people really appreciate. I see that in this report, we have 311 bus stops, and I don't know how many shelters, although I've seen many shelters in the district. Butl do know that we need to think, Albert -- and this is for the future. It's not now, it's not anything about you can do now, but to place some frees next to some of these bus benches, because, I mean, there are several on 27th Avenue, just to mention some, that, you know, you sit there, and I've seen people sitting there, just on the regular iron bus bench, right there, with no trees, no shade, at noon. It's really hard. It really would help the people. Chairman Winton: Plus make our streets look better. OK, anything else? DI.2 03-0030 DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET OUTLOOK. 03-0030 -cover memo.pdf NO ACTION TAKEN City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 SI.1 03-0090 RESOLUTION NA.1 03-0130 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ASSIGNMENT OF THE CITY OF MIAMI ("CITY") COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY AND EARTH RESOURCE MANAGEMENT OF SOUTH FLORIDA, INC., TO SOUTHERN WASTE SYSTEMS LLC, CONTINGENT UPON SUBMISSION OF ALL REQUIRED SUPPORTING DOCUMENTS. Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1097 Chairman Winton: OK, Supplemental 1, Mr. Manager. Commissioner Regalado: Does the Solid Waste Committee approve this? Commissioner Gonza lez, you are chairman of -- Commissioner Gonzalez: To be honest with you, I didn't attend the last board meeting. Chairman Winton: Supplemental 1. Commissioner Gonzalez: This new list goes back and forth. Maybe the City Attorney can help with that. Alicia Cuervo-Schreiber: Alicia Cuervo-Schreiber, Chief of Operations. This item did go before the Solid Waste Committee, and it was moved forward. And there is a recommendation on the second page from the Director of Solid Waste, Clarence Patterson. Commissioner Gonzalez: OK Chairman Winton: So we need a motion. Commissioner Gonzalez: So move, S.]. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Commissioner Gonzalez: So much for the wish of people. DISCUSSION ITEM DISCUSSION REGARDING THE FREE TRADE OF THE AMERICAS ( City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 FTAA) AND PROPOSED ORDINANCE. DISCUSSED Commissioner Regalado: When -- question for the City Attorney. When are we discussing the FTAA (Free Trade Area of the Americas) ordinances? Commissioner Sanchez: Mr. Chairman. Alejandro Vilarello (City Attorney): If you're referring to the demonstrations and protests for parade ordinance -- Commissioner Regalado: Yeah, yeah, yeah. Mr. Vilarello: -- that's scheduled for the October 23rd meeting. Commissioner Regalado: And that's two readings? Mr. Vilarello: That would be -- it's scheduled for second reading on October 23rd. Commissioner Regalado: But you have made changes. Mr. Vilarello: But we're considering amendments to it and recommendations to make changes to it. If they're material, it would bring it back to first reading. If they're incidental and not material, you could consider them on October 23rd for second reading. But the Manager's staff and I have not come to a conclusion as to recommended changes at this point. Commissioner Regalado: Nobody have briefed me on that. And they say that they will be briefing the Commission. Mr. Vilarello: Well, Commissioner, this last -- I believe it was Tuesday, we did meet with the CRB, the Community Relations Board, who provided comments at a public -- we advertised and noticed the meeting last Tuesday for a public discussion on that issue, and we did get comments from the Community Relations Board of -- but we have not finalized any kind of recommendations that we're going to make to the Manager and/or to the City Commission in terms of changes. Chairman Winton: Commissioner Regalado. Commissioner Regalado: We were talking about the FTAA (Free Trade Area of the Americas), and I was looking at the current edition ofMiami today, and I think that the City is behind. Because I see this whole page paid by the County explaining to the residents ofMiami-Dade County that if they work in downtown or Brickell, they need to go and visit the Team Metro office and Miami -Dade Public Libraries, so they can get information about what's going on with the FTAA. I think that Miami Police Department, the Fire Department is taking the brunt of all this. And guess who is taking the credit. Chairman Winton: Surprise. I hadn't even seen that. Vice Chairman Teele: What's wrong with that? Chairman Winton: Now thank you for pointing that out. Vice Chairman Teele: They always take the credit. City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 NA.2 03-0131 Chairman Winton: Yeah. Commissioner Regalado: They always take the credit, but just so you know. DISCUSSION ITEM DISCUSSION REGARDING LITTLE HAITI PARK DISCUSSED Note for the Record: Vice Chairman Teele directed the City Clerk to schedule the agenda items related to the proposed Little Haiti Park on the next Commission Meeting for a time certain for 6 p.m. but later withdrew his request upon realizing that there were no items related to the proposed Little Haiti Park scheduled for the next meeting. Chairman Winton: Commissioner Teele, you didn't have any blue page items? No. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would ask that the matters relating to the Little Haiti Park, at the next regular meeting, be set for a time certain of 6 p.m., with your permission. Chairman Winton: Sure. Absolutely. Vice Chairman Teele: Thank you. Chairman Winton: Madam Clerk, you'll get that? Little Haiti Park, 6 p.m. time certain. Commissioner Gonzalez: When, today? Chairman Winton: No, no, no. Vice Chairman Teele: Next meeting. Chairman Winton: Next Commission meeting. We won't be here at 6 p.m. today. Commissioner Gonzalez: I hope so. Vice Chairman Teele: Mr. Chairman, a few things. Commissioner Regalado: Chairman. Chairman Winton: Commissioner Teele, then Commissioner Regalado. Vice Chairman Teele: Previously, we had requested that the item relating to Little Haiti Park be on the agenda for a time certain at the next meeting, at six p.m. I'm advised by the Manager that the item will not be at the next meeting, so I didn't want to have a time certain that -- so please withdraw that. Chairman Winton: OK. NA.3 03-0132 DISCUSSION ITEM City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 DISCUSSION REGARDING ILLEGAL CONSUMPTION OF LIQUOR DISCUSSED Direction to the City Manager: by Commissioner Gonzalez to request the Police Chief to clarify the bar ordinance for police officers who are misinterpretting the ordinance by shutting down liquor stores at 10:00 p.m. as said ordinance only applies to cafeterias that are engaging in illegal activities after hours. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: Can I just make a point of clarification on an issue that's been going on? It's going to take me just two minutes. Chairman Winton: Yes, sir. Commissioner Gonzalez: But I want to get it done. Mr. Manager -- what about now? Chairman Winton: It's on. Commissioner Gonzalez: Mr. Manager, I've been getting some calls since last Saturday about -- it seems that there is a confusion among some police officers that they have misinterpret the bar ordinance. They have gone to two or three liquor stores and tried to shut them down at 10 p.m. I explained to the merchants that called me, that what happened is probably the Police Department misinterpret the ordinance and that it didn't have anything to do with liquor stores. Could you please make sure that the Police Chief Chief Timoney, that, you know, you let the officers know that this ordinance has nothing to do with liquor stores. Liquor stores are supposed to be operating the same way that they've been operating. Even though I realize that -- and this is something that I told the business owners that call me. I realize that we have problems of people drinking in the parking lots and even drinking inside the facilities, which I told them that that was totally illegal because they have a license to sell to go, not to consume -- not to consumption on the property. So -- but, please, if you could do that for me, Chief Timoney, I'd really appreciate it. Joe Arriola (City Manager): Yes. I had that conversation -- Commissioner Gonzalez: Thank you, Mr. Chairman. Mr. Arriola: -- with the Chief. He understands. And he actually called -- Chairman Winton: Great. Mr. Arriola: -- there were one or two incidents and we took care of it. Chairman Winton: Thank you. NA.4 03-0133 DISCUSSION ITEM DISCUSSION REGARDING TRAFFIC ON VIRGINIA KEY BEACH DISCUSSED Commissioner Regalado: Mr. Chairman, a question regarding Virginia Key. Yesterday, there was an article in the Metro section of The Herald saying that the County Commission had OK'd City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 the Seaquarium deal, but it says that they're going to wait for the City ofMiami. Whose land is this? I don't -- Chairman Winton: It's County land. Alejandro Vilarello (City Attorney): It's County land. Commissioner Regalado: It's County land. Chairman Winton: The land that was a part of that discussion is County land. Commissioner Regalado: So they say that they're going to wait for the City ofMiami to develop a plan for the future use on the surrounding Virginia Key area? Chairman Winton: I think they signed some sort of agreement, ifI read that right, and if what I think I was told is correct. Commissioner Regalado: Nobody has said anything to me, so I don't know. I just read this in the paper. I don't know. Alicia Cuervo-Schreiber: Commissioner, Alicia Cuervo-Schreiber, Chief of Operations. The County approached the City ofMiami last week. We had already issued an RFP (Request for Proposals) on the sfreet to study Virginia Key, a master plan study. They asked if they could pay for a portion of the study if we included the City lands, if we also included a circulation -- just what were the traffic needs on Virginia Key in the master plan, and circulation around Virginia Key. It was already included in our RFP that we were going to look at all the lands as part of Virginia Key. So that is where they came from in that article. That is what they were referring to in that article, the master plan study. Commissioner Regalado: So if the master plan calls for something that should not include the Seaquarium parking, the City will supersede the County? Ms. Cuervo-Schreiber: Together, as a team, if the master plan comes out that there should be a parking garage on `X" corner that would meet the needs of the Seaquarium, that together, everyone, after looking at the results of the master plan, would make that decision jointly. Commissioner Regalado: Yeah, but how about if the master plan says no parking garage? Chairman Winton: I think that's a hurdle that's going to be an interesting one, once we get there Commissioner Regalado: How long is that study? Ms. Cuervo-Schreiber: The RFP is already out in the sfreet. We have sat -- we are meeting next week with Miami -Dade County to enter into a joint participation agreement for the payment of the study. We were looking at that it would be about 18 months between the public hearings and the workshops. Chairman Winton: And Key Biscayne. OK. NA.5 03-0119 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING COMPETITIVE PROCUREMENT PROCEDURES, AND EXECUTING PROFESSIONAL SERVICES AGREEMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED $250,000, FOR THE IMPLEMENTATION OF A PROGRAM TO EDUCATE, INFORM AND EXPLAIN TO THE CITY OF MIAMI ELECTORATE THE ELEMENTS RELATED TO CONSIDERATION OF THE CHARTER AMENDMENTS AND A BALLOT QUESTION SCHEDULED ON THE NOVEMBER 4, 2003 ELECTION BALLOT; FURTHER, AUTHORIZING (1) THE ALLOCATION OF FUNDS FOR SAID SERVICES FROM AN ACCOUNT TO BE IDENTIFIED BY THE CITY MANAGER, (2) THE CITY MANAGER'S ACCEPTANCE OF ANY FUNDS RECEIVED AS DONATIONS FOR SAID PURPOSE, AND (3) THE EXPENDITURE OF ALL SUCH FUNDS. Motion by Commissioner Gonzalez, seconded by Vice Chairman Teele, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1101 Chairman Winton: OK. So you all -- yes, sir. Vice Chairman Teele: We're going to have to recess and come back at 4 o'clock to accommodate the one item or the two or three items that have been taken over, and any pocket items, I guess, that anybody would like to present. Chairman Winton: (UNINTELLIGIBLE) in and out. Commissioner Regalado: We still have the bus bench thing here. Vice Chairman Teele: With your permission -- we do have the bus benches, yes. I would like to inquire of the Manager, how are we coming on the Charter amendments, and can he give us some update on that? Because I do think that the Charter amendment issue is very important. I am intrigued -- And I didn't want to have a discussion this morning, because I thought we could get through. But I'm intrigued by what Commissioner Regalado has proffered regarding the Rusty Pelican. But I do think that anything like that needs to be legislatively proposed, debated and enacted. And I didn't want to get into a debate about it. I would be more interested in supporting it, but I think it could be questionable policy, public policy, for a number of reasons. But I also think that we really need to take our referendums more seriously. You know, as a part of the budget process, the Commission moved aside certain dollars and resources. I particularly would like to ask the Manager to bring us a legislative scheme and proposal related to the parking surcharge. The parking surcharge which, you know, we're not taking it very seriously at this point, is key to the budget of the City ofMiami. And I, for one, am prepared to make certain commitments to the City, the citizens, conditioned on that being passed. I also think that it's really important that we hire a professional. And I apologize for not talking to you privately, Mr . Manager, on this, but I don't think there is anything more important than what we're going to do between now and the November election than the approval of the parking surcharge. And in that regard, we need some studies, some -- not just polling, but some studies maybe associated with the university to determine who uses the parking downtown, who's paying it. The early on genesis of all of this is -- Chairman Winton: I agree with that a hundred percent. City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Vice Chairman Teele: Say again, Mr. Chairman. Chairman Winton: I agree with that a hundred percent. Vice Chairman Teele: The early on genesis of this, just so that you know, was when Suarez was Mayor. We were going through the middle of the budget thing. And I proposed at that time that the only thing we could do would be put a turn stile, so everybody coming in from Aventura, and Coral Gables, and all that. Short of that -- with a token -- short of that, the only thing we could do is tax them at the parking. And we got moving on that. And then the previous -- Mayor Carollo came in and adopted that very, very seriously. But we've never had the studies. And I do think that with studies, it will show the people in Model City, in Little Havana, in Allapattah, graphically that this is the one fee -- and it's not a tax, really, it's a fee. This is the one fee that tries to balance out people who are coming in and using the City's services with those who live here and pay the City taxes. And if you take away the parking surcharge, all you're doing is shifting the responsibility for police, for fire, for emergency service, for street, for sanitation, for solid waste away from the people who come to downtown, God bless them, use downtown, but don't pay any taxes, don't live in the City. You know, they use it. And I know Commissioner Winton has some different perspectives for the property owners who own the buildings, who do pay taxes -- who do pay taxes. Chairman Winton: And licenses, and fees, and -- Vice Chairman Teele: And licenses, and fees and everything else. But the fundamental issue here is that the parking surcharge is a user fee, applied not necessarily -- although ultimately, it does impact the property owner -- to the person who drives into downtown Miami, or the Grove, or Park West, or Omni, largely. And we need to be able to show clearly where that tax is collected, percentage -wise. I think that's what's going to make somebody who's 80 years old, 60 years old, who lives in Model City, who lives in Allapattah, who lives in Little Havana to say this is something that helps keep my taxes lower. We've not developed that base to my satisfaction. And I really think, you know, the time is upon us. We've got to do that. You've got the green light to move forward with that. But I, for one, am committed to theoretically -- this is not necessarily great public policy -- but I, for one, am committed to passing an ordinance committing this Commission to tie the cost of the solid waste or not raising solid waste fees, for the next five years, conditioned on that, or something to make sure people understand that there is a connection between the fact that if you don't approve the parking surcharge, then the fees are going to have to come from somewhere else. And the thing that is most vulnerable, in my opinion, is the solid waste fee, because that's the one thing that's totally out of kilter. We don't collect what it cost. And I would like to tie those two things sort of together, theoretically, conceptually, just as a point of discussion; not trying to make a motion today. But really do think, Mr. Manager, this isn't just going to happen. And the people in my district that talked to don't fully understand that the parking surcharge keeps their taxes lower or their fees lower. And I don't think we ought to call it a tax. We ought to call it a fee. And I would like to pass an ordinance before that, that commits this Commission for a course of action of holding garbage fees down for three yeas, five years, or whatever a consensus could agree on. And maybe we don't agree on that at all. But think we ought to fry to package this thing in a way that we give the voters a reason to vote for it. Commissioner Regalado: Can I just make a comment? The reason I raised that issue earlier is because I feel that there is a sense of urgency. Let me tell you something. I have spoken to many people, and I get a lot of calls in the radio and TV program, and I can tell you that the parking surcharge is considered as a tax. If we play the politics up here, like this letter of the Estimating Committee that read in the last City Commission that we all got saying in one paragraph, the people ofMiami should be told that if they do not pass the parking surcharge, taxes will go up. The policy of fear do not work, because in the past, the people, the voters have been told, if you City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 don't vote for this bond issue, you know, there's not going to be any more rescue, any more police, and all that, and life goes on, and on and on. We need to say to the people of the City of Miami, you know, we are going to use some of this money to work on the streets or sidewalks, infrastructure, or not to raise taxes. We need to say something. Otherwise, this is going to go down. Johnny, you had a poll, and that poll several months ago, it showed that it's losing. Chairman Winton: Well, I think it -- in my mind, it showed that this fee can be passed again and the voters will accept it. But I agree with you wholeheartedly, we have to get the right message out. If we don't, it will be in trouble. Commissioner Regalado: And let me tell you, let me tell you, the Rusty Pelican thing, most of the people that are going to go to vote will never go to eat at the Rusty Pelican. So, you know, in order for them to say, "Well, what's in it for me?" We should say, you know, we're going to take some of this money to supplement the crisis in the social services. We're going to make a special funding, a special fund or something. We need to promise the people something, and we need to deliver. Otherwise, it's going to be very difficult, because, you know -- Chairman Winton: These are two very separate deals. Commissioner Regalado: These are very separate deals. But, still, we need -- we need -- Chairman Winton: The parking surcharge, by law -- there's a definition by law that, thank God, we have to follow. By law, 60 percent of the parking surcharge revenue has to go to tax relief for citizens. That's the law. So that's the message it seems to me that we ought to be getting out. The law, the State of Florida, the legislation -- Commissioner Regalado: So how do we explain that in numbers? Chairman Winton: Yeah. Well, that's a good idea. Explain it in numbers. Commissioner Regalado: How do we explain that in numbers? Linda Haskins: Can I just -- Linda Haskins, Chief Financial Officer. In the period from September 1, 2002 to 8/31/03, of the approximately thirteen million collected, in excess of nine million dollars ($9, 000, 000) was collected in downtown parking lots. That's 72.2 percent. Most of that is commuters coming in. And we -- Chairman Winton: But that's not -- Ms. Haskins: And we are also asking -- We've also asked our parking network -- Commissioner Sanchez: That is not the issue. Chairman Winton: Excuse me. That's not -- Commissioner Regalado: So what's in it for the guy in -- Ms. Haskins: But we've also asked the parking network people to update the study that they did, to indicate -- The previous results showed that the substantial portion of that was paid by non - City ofMiami residents. So non -City ofMiami residents are giving -- Chairman Winton: Linda -- Commissioner Regalado: Linda, that's not the issue. City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: Linda, please. Alejandro Vilarello (City Attorney): Mr. Chairman -- Chairman Winton: The question is, how much money is going back to citizens in tax relief? Ms. Haskins: Right. Chairman Winton: That's the question. Not where it's collected. And that was Commissioner Teele's point much earlier. The question on the table right now is if 60 percent of the parking surcharge revenue collected, wherever it's collected all over the City is required to go back to the citizens in the form of tax relief. And so the message we have to get out, it seems to me, is that very message, that we got to get on the radio with, and other places, and we need to give them real numbers. Ms. Haskins: Right. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Yes, Mr. Chairman. I have a resolution that I think should address all of the concerns that have been expressed here this morning in reference to the referendum. And it reads: A resolution of the City ofMiami Commission by a four/fifths vote, affirmative vote, ratifying, and approving and confirming the City Manager's finding of an emergency, waiving competitive procurement procedures, and executing professional services agreement in a form acceptable to the City Attorney, in an amount not to exceed two hundred and fifty thousand dollars ($250, 000) for the implementation of a program to educate, inform and explain to the City ofMiami electorate the elements related to the consideration of the Charter amendments and ballot questions scheduled on the November 4, 2000 through election -- 2003 -- I'm sorry -- election ballot. Further authorizing, number one, the allocation of funds for such services from an account to be identified by the City Manager; number two, the City Manager's acceptance of any funds received as donations for said purposes; and number three, the expenditure of all such funds. So move. Vice Chairman Teele: Second. Chairman Winton: Motion, second. Discussion. Commissioner Regalado: Discussion. Chairman Winton: Yes, sir. Commissioner Regalado: That does not address at all what we are discussing here, at all. That just gives the Manager the possibility of going and hire an ad agency, a researcher, go to FIU ( Florida International University) and hire Professor Moreno to do that poll and establish fund banks and all that. That does not address the issue I'm talking about. What are we going to offer the people ofMiami in exchange of that? And, you know, I don't understand -- I know that the City Commission -- Commissioner Teele said that the Mayor should have some latitude to spend that money. I don't know how they're going to do it. I don't know if they're going to promote the three issues. I am against promoting the three issues. It's self-serving. I think we should concentrate on two issues. I don't know what you all are going to do, but that this just gives the Manager -- I mean, what are you going to do with this two hundred and fifth thousand dollars ($250,000), Mr. Manager? Joe Arriola (City Manager): Mr. Chairman, precisely what you want me to do. I want to go out and hire professionals. I want to hire the right people, and we're doing focus groups right now. City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 We are doing a lot of research. And for us to send a message out, we have to know what the message is going to be, and what the message that people are accepting. We have done focus groups and through those focus groups, right now, we are understanding a better way of selling these issues. So we can't go out with a message unless we understand what -- how the message will sell to the people. So this is basically pretty much what both groups have said. We need the money to go out and finish the research, and we need the money to go out, once we finish that research, to find out what is going to be the issue that people are going to accept for us to go ahead and put the fee. Chairman Winton: Then you can put a campaign together. Mr. Arriola: And so that's how we're going to put a campaign on. To sit here and discuss how we're gong to do a campaign without focus groups and without knowing what people really want to hear from us, it doesn't make any sense right now. That's why we need the money. Chairman Winton: (UNINTELLIGIBLE) Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. Let me see ifI may add some clarity to this issue. Education is the issue. You know, we were very successful with the homeland defense, because we basically went out and we packaged and presented a packaged deal to the voters that they accepted, through education. They knew exactly what we were going to do with the money. We had a plan -- Chairman Winton: And Island Gardens was in that also, remember? Commissioner Sanchez: -- plan in place, and they were receptive, and they trusted the government. Here we are, faced with two issues that could hold the future economy of this City by a string. Are they related? They're not related, but they relate to one thing -- revenue coming into the City, which is very important for the future of the City. So two hundred and fifty thousand dollars ($250, 000) to educate the public in hiring the appropriate professional people to do it, because the radios -- there are people that are going to be for it and there are people that are going to be against it. That's the beauty of democracy in this great nation of ours. And there's going to be debates back and forth. So putting together a package -- which I truly agree, taxpayers need to know exactly what they're going to get out of it. Because I was in the beginning process when we passed this legislation in Tallahassee, and it was easy to tell the residents of the City ofMiami -- 82 percent or 83 percent of the residents of the City ofMiami who are going to be paying -- I mean are going to be paying this tax are non-residents of the City. They are people that come into our City, they use all our services. That was something we were able to sell. But now, if we're able to package it where we say we put something in such as, hey, garbage fee, as other cities throughout our State right now are increasing their fee, because if you look at our balance, we're in a deficit of close to eight million dollars ($8, 000, 000) when it comes to garbage fee that we have to dish out of our reserves to pay for. So if we're able to package this and present it where the taxpayers are going to approve it, I think it'll pass. Now, let me say something. We should have started this debate a long time ago, all right? We should have sat down and we could -- because under the sunshine law, we're only allowed to discuss this when we get together here, and we're very limited. We discuss it for 25 minutes, and really, we don't put all our resources and creative ideas into creating a good idea to sell to the voters. We should have started this a long time ago through maybe possibly workshops, working with the administration, and working with community group bases that are -- basically are the backbones that are going to be the ones that are going to go out and spearhead the passage of this important, important legislation to the City, because at the end of the day, we have the possibility of generating sixteen million or losing sixteen million dollars ($16, 000, 000) of our funds. So I'm all for it. I support it. I support going out with the two hundred fifty thousand dollars ($250, 000) and educating the public. But I think we need to be very clear. We need to let the taxpayers know exactly what is it that we're going to do, and how this issue is going to City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 benefit them, because if we don't put that in this selling tool, then you're basically marketing a product that's not going to be bought for the consumers. And in this case, the consumers are the taxpayers of the City. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Commissioner Gonzalez, did you -- Commissioner Gonzalez: No. I moved the resolution. Chairman Winton: OK, Commissioner Teele. Vice Chairman Teele: Mr. Chairman, thank you. On the motion that is before us, as proffered by Commissioner Gonzalez, I want to speak 100 percent in favor of the motion. Now, ifI heard the Manager correctly, you're going to expend these funds exactly with what we -- meaning the Commission and the Mayor -- want to do. And I would encourage you to meet with each Commissioner individually. And I'm going to ask to meet with you today on this. I would ask you to also note for the record that there is only one Commissioner that appears to have an election on the day in question. So the turnout is going to be obviously skewed in the demographics of that Commission district, that being Commissioner Winton -- Chairman Winton's district. On the motion, I couldn't agree more with everything that Commissioner Sanchez has just said. Number one, we should have been having workshops. We should have thought this through a little more, and discussed it, and debated it, and given an opportunity. And the fact is we haven't. So we've got to make the most of what we have. And that was why, when we were doing the budget process -- and I want to acknowledge my colleagues who worked with us to make these funds available, because I really do think we need an information program . Now, two points that don't really go to the motion -- to the resolution, but do. Number one, with deference to my colleague, Commissioner Regalado, whom I agree with 95 percent of the time, it's really important that we, as Commissioners, understand that none of us get our way on everything. But once the Commission speaks, it has to speak with one voice, or it should speak with one voice on legislative matters. And in that regard, I don't think we should have a debate about which issues we're going to push versus -- Everything that we put on the ballot, the Manager is authorized to put forth. And I -- that -- no any individual Commissioner is free to go out and speak his mind on any issue. And nobody is saying that everybody has got to go lock step. But I do think the Manager is obliged to support everything that is on the ballot, that is put on the ballot by a vote of three people without a veto. And I really don't think we should debate that at this time. I'd be pleased to debate it at a later date. But I do think that the signal has got to be sent that if we start picking and choosing items -- I'm going to be just as much for the Rusty Pelican as I am for the parking surcharge, as I am for the issues relating to compensation. So I don't think we can start picking and choosing the message that we're sending, number one. And I do want to take exception from that. But I think every Commissioner is free to do individually what they would like to do. On the second point, which I agree with Commissioner Regalado on, and that is that this motion doesn't address the previous debate and discussion, which I think needs to be debated and discussed later today or at the next opportune time. I know that you've got a CIP (Capital Improvements Program) workshop coming up. I would ask that that may even be included for a 30 minute part of the discussion as the CIP on some strategies, legislative strategies, because what I want to come back to is this -- Chairman Winton: The sales strategy, you mean? Vice Chairman Teele: The sales strategy. What I want to come back to is this: Commissioner Regalado said something very important in the first statement he made, and that is appealing to fear of people is not going to work. In fact, it very well could backfire. I think that was what you were saying. City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Commissioner Regalado: It will backfire. Vice Chairman Teele: It will backfire. It will backfire. Commissioner Regalado: It will. It will backfire. Vice Chairman Teele: And I fully agree with that. On the other hand, I believe providing a reason for people to vote for something is -- and not couching it as a fear item could give people a reason to go out and vote. What have proffered -- and I'm totally open to what Commissioner Regalado has said about a human services special fund. Whatever we do needs to be properly legislatively packaged, which includes a debate, a vote, et cetera. People should not be asked to go out and vote based upon a flyer that comes out from the Manager's office. It needs to be a legislative history of that, and a vote. And that's what people have consistently said in this community since they voted on the parks bond issue, on the Jackson Health Trust issue. Those things that have passed have had an ordinance, a legislative ordinance behind them so that the people can hold the people accountable. And all that I'm proffering is this: I fundamentally believe in my district that if this Commission could pass an ordinance, committing and locking in the solid waste fees as to where they are now -- don't talk about they're going to go up -- but committing and locking in solid waste collection fees for residential for a period of time -- three years, five years or whatever it is, I think we give people a reason to go out and vote for it, because, number one, they realize that the garbage fees are going up all over the community. The County just raised them. Number two, ours are substantially lower than anywhere else. And number three, I think our solid waste union and our solid waste people would become ambassadors and emissaries for us, the same way we had people that were in the Parks Department as our ambassadors and emissaries on the homeland security bond issue. But that's not on the agenda now. What am asking, Mr. Attorney and Mr. Manager, is for you to consider this. I'm not going to fight it. If there's three votes against it, I'm going to be fine. Butl think we can prudently commit to locking in garbage collection fees at the residential -- if this revenue measure passes. That's not to say we're going to take money from the parking surcharge and put it over there. That's totally different. Chairman Winton: You can't anyhow. Vice Chairman Teele: What we're saying is, is that we can legislatively commit to freeze and lock in those fees if this passes. Folks, if it doesn't pass, I got to tell you -- Chairman Winton: We go a whole -- Vice Chairman Teele: -- we're going to be raising a lot offees around here. Chairman Winton: A lot offees. Vice Chairman Teele: So, again, I'm totally in support of the -- (UNINTELLIGIBLE COMMENT) Chairman Winton: No, no, he's just talking about us, though. Vice Chairman Teele: I'm talking about us. I don't think that ought to be -- Chairman Winton: The message he's going to send. Vice Chairman Teele: But it's the reality. Unidentified Speaker: Our theory is. City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Mr. Arriola: But that is reality. Chairman Winton: Yeah, that is reality. Vice Chairman Teele: So I support Commissioner Gonzalez' resolution that is before us to give the Manager the authority, and I would hope that the Manager would use that authority in consultation with the Mayor and each of the individual Commissioners. Commissioner Regalado: This resolution is not right. It only has two issues. Why not the three issues? Mr. Arriola: The reason I did not include that, I had a talk with Peter, and I asked him to join forces with us. Chairman Winton: Who's Peter. Mr. Arriola: He's going to do his own -- he said that he wants to do -- Rusty Pelican. I'm sorry. Chairman Winton: Oh. Mr. Arriola: He wants to do his own campaign. He's hired his own agency. I told him thatl would support him, I will do anything he wants me to do, but pretty much -- Chairman Winton: Well then you ought to modify this resolution -- Vice Chairman Teele: Mr. Chairman, I would support an amendment, if Commissioner Gonza lez we support it, to include the other item on the ballot as a part of this resolution. Chairman Winton: So whatever help they ask for. Commissioner Gonzalez I accept the amendment. Chairman Winton: OK. We have a motion and second. Any further discussion? Being none, all in favor, "aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. NA.6 03-0117 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-631, ADOPTED JUNE 13, 2002, WHICH CODESIGNATED CERTAIN STREETS AS "AVENIDA LOURDES AGUILA", BY EXTENDING THE CODESIGNATED STREETS FROM SOUTHWEST 12 TH AVENUE AT CORAL WAY TO SOUTHWEST 12TH AVENUE FROM CORAL WAY TO SOUTHWEST 17TH STREET, MIAMI, FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1102 Commissioner Gonzalez: I have another pocket item. Chairman Winton: Oh, I'm sorry. Yes, sir. Let's do it. Commissioner Gonzalez: We co -designated 12th Avenue and Coral Way as Lourdes Aguila Way some time ago -- last year, as a matter of fact. And it was approved by the Commission. It went to the committee, it was -- got approved there, and so on and so on. We paid for the fees to have the signs installed. Well, surprisingly enough, we called the County yesterday to find out what was going on, and the County is telling us that they don't put signs just on one -- you know, they couldn't tell us -- Chairman Winton: Ahead of time. Commissioner Gonzalez: -- this for an entire year. We had to keep calling, and calling, and calling and putting pressure. And now, so I need to modify it. And I have a resolution of the City ofMiami Commission amending Resolution Number 02631, adopted June 13, 2002, which co -designated Southwest 12th Avenue and Coral Way, by extending the street co -designated to Southwest 12th Avenue from Coral Way to Southwest 17th Street as Avenida Lourdes Aguila. Further, directing the City Manager to instruct the Director ofMunicipal Services to transmit a copy of this resolution to the herein designated offices. So move. Chairman Winton: I need a second. Commissioner Sanchez: Second. Chairman Winton: Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. NA.7 03-0128 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE FLORIDA MARLINS BASEBALL CLUB TO SWEEP THE CHICAGO CUBS BASEBALL CLUB DURING THE THREE NATIONAL LEAGUE CHAMPIONSHIP SERIES GAMES TO BE PLAYED AT PRO -PLAYER STADIUM, ON FRIDAY, SATURDAY, AND SUNDAY, OCTOBER 10TH, 11 TH, AND 12TH, 2003, RESPECTIVELY; DIRECTING THE CITY CLERK TO IMMEDIATELY TRANSMIT A COPY OF THIS RESOLUTION TO JACK McKEON, MANAGER OF THE FLORIDA MARLINS, AND DUSTY BAKER, MANAGER OF THE CHICAGO CUBS. Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1076 Chairman Winton: Do we have any other pocket items? You want to do the update on bus City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 NA.8 03-0134 benches? Joe Arriola (City Manager): Can I ask you -- Chairman Winton: You want to go? OK, do it from -- bring it up. Mr. Arriola: Can I ask the Commission to support a resolution asking the Marlins to sweep the Cubs this weekend? Vice Chairman Teele: So move. Chairman Winton: So moved, yes. Motion, second. A motion on the Marlins to sweep the Cubs this weekend. Commissioner Sanchez: Second. Chairman Winton: We like that idea. Commissioner Sanchez: Hey, all I want to know, are we going to get invited to that deep dish pizza? Chairman Winton: All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. You have another pocket item? Commissioner Sanchez: My staff is bringing it. DISCUSSION ITEM PARKING FOR LITTLE HAVANA AREA 03-0134 back-up 1.pdf MOTION The following motion was moved by Commissioner Sanchez, seconded by Vice Chairman Teele, and passed unanimously with Commissioner Gonzalez absent: A motion instructing the City Manager to assign the Director of the Department of Economic Development to expedite two District 3 development issues: (1) to initiate a meeting with the Dade Heritage Trust to explore a program in which the trust can use affordable housing trust fund money to purchase and rehabilitate historic bungalows in Little Havana to be marketed as affordable, stabilized housing; (2) to explore Section 108 loan capacity, State, Federal and other programs that may provide dollars to create a large scale, mixed use urban development including structured parking concealed by liner buildings with retail space and housing units above, to further the economic rebirth on Southwest 8th Street, between 12th and 17th Avenues. The following motion was moved by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously: A motion designating Commissioner Teele as the Commission liaison to negotiate with the City Manager and the Off -Street Parking Authority to provide additional parking citywide, especially in the urban core area. Chairman Winton: OK. Did you say you had a pocket item? Commissioner Sanchez: Yes, sir. City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: OK. Let's do it. Commissioner Sanchez: I have a pocket item relating to two issues that I think we could all relate to. One is -- Chairman Winton: Do we have a copy of the -- is it an ordinance? I mean a resolution? Commissioner Sanchez: It's -- yeah, we distributed it. Chairman Winton: You did? Commissioner Sanchez: You should -- it's got my signature on it. Commissioner Regalado: I have it. Chairman Winton: Oh, I got it. I found it. I found it. Thank you. Commissioner Sanchez: It relates to two issues that we could all relate to. One is the historical preservation. And the beauty of our entire City is that, you know, we do have some properties in our City that if we don't do whatever we can to preserve them, and they're knocked down, we're really going to lose them forever. And it's really going to lose the character and the historical significance of all the different communities in our great City. The other issue is pertaining to parking and it's an ongoing problem, and it's going to get worse and worse as we go along in our community. Let me just say, on issue number two, the rebirth and revitalization of Little Havana -- and when I say Little Havana, I could relate to all the other communities -- Allapattah, Overtown, which -- although Commissioner Teele was criticized for the parking lots, I never criticized you for those parking lots. I think they were the best thing that could happen because people have a place to park. Today, in Little Havana, we have businesses that can't open up, not even get their Certificate of Use, because they don't have adequate parking. You've got businesses competing now, almost in fist fights with other businesses to fry to get their parking spaces so they can valet park and meet the requirements. That's how serious it's gotten. This pocket item, even though it does not have a financial impact, it really addresses two concerns that I think are related to all the districts in the City ofMiami. And it's a motion directing the City Manager to assign the Director of the Department of Economic Development to work on expediting two District 3 development issues. One, to initiate a meeting with the Dade Heritage Trust to explore a program in which the Trust can use Affordable Housing Trust Fund money to purchase and rehabilitate historic bungalows in Little Havana to market as affordable, stabilized housing. The second issue is to explore Section 108 loan capacity, whether it be state, federal, or other programs that may provide dollars to create a large-scale mixed use urban development, including structural parking, concealed by leaner buildings, with retail store and housing units above to further the economic rebirth of 8th Street, between 12th Avenue and 17th Avenue. So moved. Chairman Winton: Need a second on that motion. Vice Chairman Teele: Second. Commissioner Regalado: Second. Chairman Winton: Got a motion and second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: On the point that Commissioner Sanchez just raised, I think we need to understand that some years ago -- is Art Noriega anywhere around, lurking around anywhere? Commissioner Sanchez: The Colonel? Vice Chairman Teele: The Colonel? I missed it. The Count -- the City made a decision and it gave Off -Street Parking total control over its parking assets -- resources. Technically, the City cannot be involved in the establishment of parking for municipal purposes, for municipal parking. I really think that the point -- the time has come that we should have a joint meeting at some point in the future, maybe a workshop with the Off -Street Parking Authority, and discuss, you know, how we move forward. This has worked fairly well for 30 or 40 years, I think. Butl think the problem that we're seeing now with the development -- Chairman Winton: Linda. Vice Chairman Teele: -- with the development that's going on -- Chairman Winton: This is directed towards you. Vice Chairman Teele: -- particularly in Commissioner Sanchez' district and in the district -- in your district, Commissioner Winton, as well as in mine, the border line areas. We really need to revisit. And Commissioner Gonzalez has identified the same thing, as related to the -- Chairman Winton: On 20th Street (INAUDIBLE) -- Vice Chairman Teele: -- it wasn't United Way, but to the -- Chairman Winton: Right. Vice Chairman Teele: -- Goodwilllndustries. This phenomena is coming at us much faster than we're reacting to it. There are a lot of ways around it. Number one, there are community -based organizations and CDCs (Community Development Corporations) that can be used, and should be used, to build parking space. It could be built parking. It could be a part of our Community Development strategies as we move forward. And that's sort of a way around some of this. But also think that the dollars, as a result of the half cent transportation, also represent some unique ways to fund this. But would be very hesitant, very hesitant to start committing those dollars for the benefit of Off -Street Parking without a clear dialogue about that. I think that the number one impediment to the redevelopment of the urban core in this City is parking, and I've been saying that. I did not have that view the whole time I was in the County. I didn't have that view when I was in Washington. But will tell you, from my vantage point, the number one impediment to the redevelopment of the urban core is the lack of parking. And Commissioner Gonzalez' point drives it home. The point in Overtown drives it home. I've got tragedies going on in Model City on 7th Avenue, where businesses are going to be put out of business on 7th Avenue and throughout the Model City area. And I think it's time that we looked at putting together a strategy, a joint meeting workshop with Off -Street Parking. We need to look at this. And I would like to look at this before the March Presidential Election, because I think we need to go in and make some adjustments, and I'm not talking about structural adjustments. But if it's no more than give Off -Street Parking the mission, in its Charter, of providing parking in the urban core, whether or not it makes money or not, you know. Because, see, what they did very creatively some years ago, is they put in, in their bond indenture a covenant that says they will not build parking unless it pays for itself which means the poor are going to get poorer, and the City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 rich get richer. It locks outAllapattah. It locks out Overtown. It locks out Little Havana. And that's not to be critical, but think we need to bring this issue -- Chairman Winton: (INAUDIBLE). Vice Chairman Teele: You're doing exactly what agree with, Commissioner Sanchez. You're bringing it as a problem for your area. But what I'm saying to you is that -- Chairman Winton: Well -- Vice Chairman Teele: -- this area cuts across this whole City. Chairman Winton: May I? Vice Chairman Teele: Yeah. Chairman Winton: I think Commissioner Teele's idea is a good one. Frankly, I've had this discussion with Off -Street Parking, and I think they're very amenable. And I would suggest and recommend that you be the Commission's representative to work with the Manager and Off - Street Parking, because I think you've got some real experience in this regard and can build a dialogue. I would say one last point about it, though -- and I said this kind of briefly at a Commission meeting a time or two ago, maybe during the budget process -- we're a part of the problem. Because in the financial mess we had, we demanded that Off -Street Parking -- take revenue from Off -Street Parking and give it to the City's general fund. And you guys all know the second a dollar ($1) hits the general fund, it's -- I mean, it's gone. And this coming year -- we've already passed our budget so you can't do anything about it. But this coming year, we really need to look hard at once we establish the right working relationship and a joint plan for solving parking in our entire City, we really need to think hard -- long and hard about taking that money that's in our general fund and getting it back into solving parking problems. Because if you take two million dollars ($2, 000, 000) a year and bond that, you're going to build three garages in this town at minimum, maybe four. So there's some real money here that we're kind of letting get gobbled up that could be used tomorrow. And they have capacity on their own right now. Commissioner Regalado: They have plans. They came -- at least they came to me. Chairman Winton: I know, but I'm telling you, they have capacity today. Give them another two million or three million that they give us every year. That goes on top of that capacity. We could probably build eight to ten garages in this town today, if we had that capacity back. So -- Joe Arriola (City Manager): Commissioner, I had a meeting with Art Noriega in the last couple days. And Art is going to start coming to all Monday morning staff meetings that hold with my senior staff if nothing else, for him to be aware of what we're doing in the City, and for him to make us aware of where he can help. Chairman Winton: Could we make Commissioner Teele our liaison from the Commission -- Mr. Arriola: Absolutely. Chairman Winton: -- standpoint, on this whole parking issue? Mr. Arriola: Absolutely. What we'll -- we'll put a team -- City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: Would you be willing to do that, Commissioner Teele? Mr. Arriola: -- together (INAUDIBLE). Vice Chairman Teele: Sure. Mr. Arriola: But I just wanted you to know that Art has agreed to do this, and we're going to work in cooperation. Chairman Winton: OK. Could you make the motion, please? Commissioner Gonzalez: Yeah. Before I make the motion to -- let me make the motion to -- Chairman Winton: Make Commissioner Teele our liaison. Commissioner Gonzalez: -- make Commissioner Teele liaison the with the Off-Sfreet Parking -- Chairman Winton: And the Manager's Office. Commissioner Gonzalez: And the Manager's Office. Chairman Winton: Motion and second. Commissioner Regalado: Second. Chairman Winton: Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Yes, sir, Commissioner Gonzalez. Commissioner Gonzalez: I -- Mr. Chairman, I'd like to support the -- Commissioner Sanchez's words and Commissioner Teele in reference to what's going on with parking. While I was working for Allapattah Business Development, and also, as the President of the Allapattah Chamber of Commerce, ten years ago, or probably -- yeah, ten years ago, FDOT (Florida Department of Transportation) did a project on 27th Avenue, between 20th Sfreet and 36th Sfreet. They eliminated the parking in the streets. I can tell you that there hasn't been any increase in the flow of traffic. There is no more cars than there were ten years ago. And they took down about 150 businesses, OK, is down. Nobody has ever opened. You have a lot of empty spaces on 27th Avenue, and nobody can open a space yet, because they don't have any parking. When I addressed FDOT about the issue, they told me, well, 20 years from now, we're going to need to have more capacity. I said, well, why should you sacrifice jobs and businesses now for something that is going to happen 20 years from now? Twenty years from now, you may not be here; I may not be here. You know, we may be somewhere else, and we don't know what is going to happen 20 years from now. Now, they try to do exactly the same thing on 7th Avenue, between 79th Street and 5th Street. And they already -- they had two businesses in my district ready to shut down. Thanks to some people that mobilize and protest -- and let me tell you, I talked to FDOT I don't know how many times. I sent e-mails. I pleaded to them. I begged to them not to do that, because that was going to destroy that commercial avenue. They didn't care . They removed parking. Now, they say they're going to bring parking back for five years, because now they realize that they don't have the need to, you know, to eliminate parking. So this is something that we need to work on very hard, because this City needs jobs. I don't know how many people we have that don't have jobs to support their families. And what we're doing is helping or allowing to shut down businesses that provide jobs. I mean, you know. City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: And I think you guys have made the right move today completely by establishing a liaison. We have the Manager's Office -- Commissioner Gonzalez: Yeah. Chairman Winton: -- and the Commission (INAUDIBLE) -- Commissioner Gonzalez: Definitely. Chairman Winton: -- Off -Street Parking. You know, I think we can begin to get a real handle on this. OK. We have a -- did we vote on that motion? OK. Anything else? NA.9 03-0089 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION (subject matter: providing for the coordination of the City Police Department, the Community Relations Board, along with related departments, as it pertains to crime prevention gun violence that encourages citizens to turn in their weapons for a voucher of $50 in an effort to reduce gun violence and further to schedule this event to take place at Legion Park, 6440 N.E. 7 Avenue, on Saturday, October 18, 2003, from 10 a.m. to 3 p.m. Motion by Vice Chairman Teele, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1103 Direction to the City Manager: by Commissioner Regalado to check with the district Commissioners prior to scheduling an event in their districts, to give them the opportunity to participate. Direction to the City Manager: by Vice Chairman Teele to send Mrs. Georgia Ayers the schedule of meetings of Community Relations Board in order that Mrs. Ayers may coordinate with said board her plan to reduce violent crimes. Commissioner Regalado: Yeah. I have a comment -- question. Vice Chairman Teele: I have a resolution. Couldl do the resolution? Commissioner Regalado: Sure. Vice Chairman Teele: Resolution of the Commission providing for a coordination of the City Police Departments, Community Relations, along with related departments, as it pertains to the Crime Prevention Gun Back Day that encourages citizens to turn in their weapons in exchange for a voucher of fifty dollars ($50) in an effort to reduce gun violence. And further, that this event is scheduled to take place at Legion Park, 6447 Northeast 7th Avenue on Saturday, October 18, 2003, from 10 a.m. to 3 p.m. I would so move. Commissioner Sanchez: Second. Commissioner Regalado: Second. City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Chairman Winton: Motion and second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Commissioner Regalado: Mr. Chairman, I have a comment or question for -- Chairman Winton: Hold on. Georgia Ayers would like to speak to this motion. Yes, ma'am. Georgia Ayers: Thanks for accepting -- allowing me this time. On July 2nd -- Chairman Winton: Also need your name and address again. Ms. Ayers: OK. Georgia Jones Ayers, 2475 Northwest 111 th Street. On July 2nd of this year, my grandson was murdered on Northwest 43rd Street and 1 7th Avenue. Two days later, another person was murdered on Northwest 75th Street and 7th Avenue, all taking place in the City of Miami. I cried for a while for a long time. I got your message, Commissioner Teele, in relations to the death of my grandson, who was not committing a crime. So, instead of crying, I stopped crying, and let's say the devil made me do it, because I'm coming to see you. Come up here, son. I want to first thank the City ofMiami Police Department, for less than three weeks, of catching the young man that committed the murder. And less than three -- two months, they caught the young man that committed the murder of the young man up on 75th Street. Both of these persons were not committing crimes. Both of them were senseless killings. So I got on the ministers -- I - - if you think I'm tough, I'm tough on them. I got them into their church, and I'm going to tell you exactly what I told them. On Sunday morning, they're pointing their fingers at the congregation saying, the good Lord said bring your gifts, your offerings, your tithes, before taxes, to the Lord. The Lord is the preacher. So I told them, yes, we do that. But on Monday mornings, the Good Book also says you're supposed to go into the highways and the byways, which they don't do. I got on them -- on Monday morning, they're riding by the same areas where all of these sorts of crimes are being committed, on their way to the bank. So I gave them a challenge. They took me up on the challenge. Thus far, we've met with -- where's the Chief? OK, you come on up here. You were there. I met with them. We had over 100 persons at their Police Department, and thus far, I have better than 50 ministers and concerned citizens. And when I get through with them, I'm coming to your area. And I have the Dade County Jail, who has given me complete authority over these ministers, to go into every community and see if we cannot assist the Police Departments. They will be riding with each police. By the way, I met with the Chiefs of Police of every municipality, and they have bought it 100 percent. So I'm challenging these ministers, when they get out of the pulpit on Sunday, they need to go into the areas and help the folk who pay their salaries. I'm going to let this minister tell you exactly what they're going to do. And -- oh, by the way, they're going to take on the project at Watson Island, help with the homeless. We have complete, direct access. I have that through the -- my job. Chairman Winton: Your program. Commissioner Regalado: That's great Ms. Ayers: OK. He's going to tell you -- Commissioner Regalado: Can I ask you something? Just to bear with me. I just need to make a comment since the Chief is here, because I've got to go to do the TV (Television) program. Chief and Manager, I am -- I just don't know how to say it again, because I've been -- I asked the other Manager, this Manager, this Chief the other Chief. Sometimes the NET (Neighborhood Enhancement Team) Police calls for community meetings. And they do inform the Commissioners' office, at least, in my case, you know, like the day before and all that. Recently, City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 I've sent several memos regarding a situation in Northwest Flagler Terrace, 30th Avenue, a dog was killed. Now, a neighbor just brought me this pamphlet. It says, "The Flagami NET Office, the Miami Police Department and Commander Miguel Colombo cordially invites you to attend a community meeting to discuss citizens' concerns and issues in the Flagami area. When: Wednesday, October 15, 2003. Where: Northwest Flagler Terrace and 30th Avenue. Time: 6: 30 p.m." It's great that the Police call on this. But, unfortunately, I won't be able to attend. However, I will be looked by the residents as neglecting my duties as a Commissioner. Nobody checked with me. I have -- as a matter of fact, I have never met with Mr. Colombo, or Lieutenant Colombo, or Commander Colombo, since he was appointed. And you told me he was going to be appointed to Flagami. Let me tell you, the Flagami area, it's about 65 percent of Disfrict 4, because Angel has a small part. I just don't know what to say. I mean, probably, you guys don't care. You don't think that it's necessary for the City Commissioner representing the area to be there when the police is talking to the neighbors. I think it's important, because I do have issues with the police. And I just don't know why this thing keeps happening. I keep asking you, please, let us know, so we can -- you know, I can cancel something. I can not go to do a program at that time. But to no avail. So, you know, I'm sure that you're going to have great meeting with the neighbors. There was another meeting called by the City ofMiami Police Coral Way NET last Tuesday, October 2nd, which we knew the day before, at 1 p.m. I'm working at that time. So it's really a shame, because, you know, I try to convey the message that the police is doing -- at least in my district, I had several complaints about the Shenandoah area, the crime. I have many complaints about Flagami. You, I guess, you make the changes that you decided, but it's a shame that I cannot share your concerns. I know that the Police Department is a world apart. It's another world and we don't participate. I am very sorry that you feel that a City Commissioner should not be part of one of the meetings of the Police Department. And this is also to the Manager, because I think, you know, it's -- the people got to know. The people got to know that just -- you just guys -- guys don't care. Ms. Ayers: May I or you want -- Vice Chairman Teele: Hold on, ma'am. Hold on just one minute. We're going to lose the quorum right now. Commissioner Regalado: I have to go right now. Vice Chairman Teele: Chief, if you want to just clarify anything? You don't have to. Assistant Chief Frank Fernandez: I just want to clarify, again, that, Commissioner, we welcome you to any meeting we have. My apologies if you didn't receive it on time. Commissioner Regalado: I receive apologies. Assistant Chief Fernandez: I know that you've addressed this a little bit before. Commissioner Regalado: Every time you do this, I receive apologies. But -- Assistant Chief Fernandez: Yeah, but -- and you -- we've addressed it before. Vice Chairman Teele: Let me -- let me -- Commissioner Regalado: That's OK. I mean, that's OK. You don't care so that's the way it is. Vice Chairman Teele: Let me just say this. And the Chairman's not here right now so I can -- hold on just one minute. We never had this problem in the County because the Police Department used the Sergeant atArms, OK? And I realize there's been some misunderstanding or dual channels. But let me just say this. The Sergeant atArms works for you. He works for City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 the Chief of Police. He is here to facilitate the security and coordination of the City Hall and the activities of the Commission, in our legislative role. Hold on, Tomas, just one second. With all due respect, I am requesting -- I am requesting that there not be meetings like this in which the Sergeant atArms is not brought in on. And their responsibility is to make sure, you know -- and sometimes it means caring, feeding of Commissioners, you know, sometimes it means grabbing the staff. But they're here everyday dealing with it. There's no reason for this kind of miscommunication. There's just no reason for it. And if we need to replace the Sergeant at Arms, then let's replace the Sergeant atArms. I don't recommend it. I'm not saying it. But the fact of the matter is that these Sergeant atArms are here to ensure the communication, as well as, the safety and security of this building and the various Commissioners. So I would urge you all to take this to heart, seriously, because the same thing's happened in my district. I've never complained about it, but it's really not the way to do business. Is there going to be anybody here -- Commissioner Sanchez is doing a press conference. Commissioner Winton is -- Ms. Ayers: I only want to say, Commissioner, that have put together -- and we wind up with about 100 ministers from the community who will be at each Commissioner's disposal to work with the entire community. That's all. They will have access to the entire criminal justice system Vice Chairman Teele: Why don't we present the minister that's here? And let -- Ms. Ayers: OK. That's whatl -- Vice Chairman Teele: -- give your name and address. Pastor Billy Strang, Jr: I'm Reverend -- Pastor Billy Strang, Jr. of Greater Holy Cross Missionary Baptist Church. Commissioners, with all due respect, we are interested in frying -- well, we were interested frying to fill a gap or bridge between the community and the Police Department. And we, over 50 ministers, along with myself had no outlet to do this. Therefore, we connected with Ms. Ayers. And since we've been connected with Ms. Ayers, we have been able to establish ministers, at least 50 plus, who are going to be meeting with the chiefs of the various precincts in an effort that the pastors might ride in the various areas on calls with the police, and that the citizens in our communities and in our areas will see the pastor with the police, which will give them an outlet, somebody to go to and know that they can find some type of help or assistance. In addition to that, we're also addressing the homeless issues, the issues that we have in our communities with the drugs. These are issues that we want to deal with. And an alternative program Ms. Ayers has is assisting us in this effort. And we wanted it to be known that we are willing to work, as ministers, with the Commissioners, with the Police Departments, whatever agencies are available that will help us correct these issues and concerns in our community. Vice Chairman Teele: All right. Now, we've lost the quorum. I would also ask, Ms. Ayers, that you all would coordinate closely with the City Community Relations Board, because what you're doing now is very much overlapping. That's good. There's nothing wrong with that. But we really need to, Mr. Manager, to make sure that that program is coordinated with our Community Relations Board, and that the -- and maybe even we should make sure that Ms. Ayers and the police -- and the pastors get notice of the Community Relations Board meetings individually, just so that we can better communicate and coordinate. We've lost the quorum. We are going to come back at 4 o'clock today. NA.10 03-0145 RESOLUTION .A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE CITY MANAGER'S City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 APPROVAL, WITH THE CITY OF MIAMI RETIRED POLICE OFFICERS COMMUNITY BENEVOLENT ASSOCIATION, INC. FOR ITS DONATION OF FUNDS TOWARDS THE RESTORATION OF A BUILDING KNOWN AS THE COURT HOUSE AND PRECINCT LOCATED AT THE CORNER OF NORTHWEST 11TH STREET AND NORTHWEST 5TH AVENUE, MIAMI, FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO TAKE THE STEPS NECESSARY TO ESTABLISH A SPECIAL REVENUE FUND FOR THE APPROPRIATION OF FUNDS RECEIVED FOR THE RESTORATION AND MAINTENANCE OF THE BUILDING AND MUSEM. 03-0145-EXHIBIT-1. pdf Motion by Vice Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1105 Vice Chairman Teele: Mr. Manager, before we recess, we're sort of in workshop form, waiting on the press conference here to end, I note the presence of former Police Chief Dixon, and a number of retired police officers. Is there an issue -- is Mr. Taylor -- who's the president of the association now, the retired? Otis Davis: Thank you, Commissioner. Otis Davis. I'm the President of the Retired Organization. We are meeting today with Mr. Cano and somebody from the City Manager's Office to try to resolve some issues that is before us. Vice Chairman Teele: All right. Well, I -- Mr. Manager, I very much would like to have somebody from my office in that meeting. As you know, this facility has been meandering around for a long time, and we do need to -- sir? (INAUDIBLE COMMENTS) Vice Chairman Teele: That meeting with Mr. Cano. Where is that meeting going to be? (INAUDIBLE COMMENTS) Priscilla A. Thompson (City Clerk): I'm sorry. Can you turn on your mike for us, please, City Manager? Thank you. Vice Chairman Teele: Here's -- Joe Arriola (City Manager): I thought my voice carried. I did sign -- Vice Chairman Teele: With you. Mr. Arriola: -- what Mr. Cano brought to me today. It's upstairs in my office. I thought that that's all was supposed to do. And it's been done according to what you wanted. Vice Chairman Teele: OK Well, why don't we get Jorge -- why don't you all just meet in my office, then, with Mr. Cano and maybe a representative of your office? Mr. Arriola: Absolutely. City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Vice Chairman Teele: And see if we can -- right after this. We have Commissioner Sanchez present. Commissioner Gonzalez, did you want to move anything? Commissioner Gonzalez: No. Vice Chairman Teele: Or is there anything to be moved before we break? If not, Mr. Chairman, with your permission, we'll come back -- recess until 4 p.m. We anticipate being here no more than -- Commissioner Sanchez: Half an hour. Vice Chairman Winton: Half an hour. Vice Chairman Teele: -- 30 minutes. And if there are any other pocket items, any other matters, please bring them up at that time. Mr. Chairman. Mr. Arriola: Yeah. I was thinking of bringing some emergency purchase items. Chairman Winton: Yeah we could -- just keep thinking about it, OK? All right. Commissioner Gonzalez: All right. Chairman Winton: See y'all at four. Vice Chairman Teele: Thank you all. Vice Chairman Teele: This morning, we had a discussion, a very good discussion with the Manager and his staff regarding the old colored police precinct. The president of the association is here, I think, and a number of the police officers -- retired police officers, all of whom have served the community. If the retired police officers would just stand, while the president comes forward. I think -- Otis, come right on down. Ifyou'd justgive us your name and address for the record. Otis Davis: My name is Otis Davis. I reside at 2380 Northwest 97th Street. Vice Chairman Teele: Mr. Chairman, I would like to read into the record very quickly -- you have it before you -- a resolution of the City Commission, which has no fiscal impact. Chairman Winton: Is that like the last one? Vice Chairman Teele: No, no, no. Commissioner Gonzalez: A million dollar ($1, 000, 000) grant. Vice Chairman Teele: With attachments, authorizing the City Manager to execute a Memorandum of Understanding in a form acceptable to the City Attorney, subject to the City Manager's approval, with the City ofMiami Retired Police Officers Community Benevolent Association for their donation of funds toward the restoration of a City -owned building. And just so that it's clear, to date, they donated, or have contracted to donate, seven hundred thousand dollars ($700, 000) toward the City's effort to restore the old precinct and courthouse. And it should be noted that this facility was one of the more unique in the nation in that it was not only a police precinct, but it's also served as a jail. It also served, most importantly, as a courthouse, where Judge Lawson and Judge Johnson, and others dispensed justice, Judge Branan and many others. And, essentially, what this resolution does is, it authorizes the Manager to enter into an City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 agreement with them and to try to move the construction of the restoration of this City -- of this facility forward under the supervision of the Capital Improvement Department under Mr. Jorge Cano. And Mr. Cano was there for the meeting. They had a very good meeting. The only other thing that it does is it recognizes that the City Parks Department will be the principal user of the building, if a community -based organization does not -- Chairman Winton: Great. Vice Chairman Teele: -- come forth. And just so that it's very clear and on the record, the association would very much like to be a part of any management of the building, but until they can go through all the legal technicalities and financial pro formas, it doesn't make sense to hold the project up any longer. So, Mr. President, did I cover everything, and Chief? Mr. Davis: Yes, sir, you did. Vice Chairman Teele: You want to add anything for the record? Mr. Davis: Well, I just want to emphasize to the Commission that this is the only one of its kind in the country. There is no other police station and police building -- police station like this. So it would be very unique for our City. It'll be very -- you know, and we plan to use the building in a manner that would be community -based, where in that blighted area, we would be the person who would bring some sunshine in that area. Chairman Winton: Great. And by the way, when we had that discussion, get the one with the big engine. Mr. Davis: OK All right. Chairman Winton: OK. Vice Chairman Teele: Specifically, just so that the record is clear, it also authorizes the Manager to accept a donation of three hundred thousand dollars ($300, 000) in cash from the association, which is grant funds from the State of Florida. It also establishes a special revenue account for the appropriation of those funds. It also allows the City to receive the plans that have been designed and engineered by an architect paid for by the association. And it agrees that the City will expedite the restoration of the project within 18 months, by June of 2005, under the terms of the grant agreement. Chairman Winton: So, need a second on the motion. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Thank you very much and -- Mr. Davis: Thank you. Chairman Teele: Thank you all. Chairman Winton: -- keep growing. NA.11 03-0122 RESOLUTION City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 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 AWARDING A CONTRACT TO PALMETTO FORD TRUCK SALES, INC.,(NON-MINORITY/MIAMI-DADE COUNTY VENDOR), 7245 N.W. 36 STREET, MIAMI, FLORIDA, FOR THE ACQUISITION OF THREE (3) 2004 FORD F-350 SRW 4 X 4 PICKUP TRUCKS WITH OPTIONAL EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $40,573 FOR EACH PICKUP, FOR A TOTAL PROPOSED AMOUNT NOT TO EXCEED $ 121,719; AND AUTHORIZING THE PURCHASE OF FOUR (4) 8'6" X 24' x 86" TRAILERS, FROM KENDALL TRAILER MANUFACTURING, INC.,(NON -MINORITY/MIAMI-DADE COUNTY VENDOR), 13818 S.W. 144 AVENUE, ROAD, MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED $6,990 FOR EACH TRAILER, FOR A TOTAL PROPOSED AMOUNT NOT TO EXCEED $27,960; FURTHER AUTHORIZING THE CITY MANAGER TO PURCHASE VARIOUS EMERGENCY RESPONDER EQUIPMENT (SEE ATTACHMENT "A") FROM FISHER SCIENTIFIC COMPANY L.L.C. (NON-MINORITY/NON- LOCAL VENDOR), 6507 HARNEY ROAD, TAMPA, FLORIDA, UNDER EXISTING DEFENSE LOGISTICS AGENCY (DLA) CONTRACT BID #SP 0500-99-3-0020, EFFECTIVE UNTIL DECEMBER 23, 2003, IN AN AMOUNT NOT TO EXCEED $514,929 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $664,608, FOR THE DEPARTMENT OF FIRE - RESCUE; ALLOCATING FUNDS FROM THE GRANT ENTITLED, "URBAN AREAS SECURITY INITIATIVE (UASI) GRANT PROGRAM II, PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.840. Motion by Commissioner Gonzalez, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-03-1104 Chairman Winton: I believe you have a -- Commissioner Gonzalez. Commissioner Gonzalez: Yes, Mr. Chairman. I have a resolution. It's a pocket item. It has no fiscal impact. That's why I'm bringing it to the attention of the board. It's a resolution by a four - fifths affirmative vote, ratifying, approving, and confirming the City Manager's finding of an emergency; waiving the requirements for competitive sealed bidding procedures and awarding a contract to Palmetto Ford Truck Sales, Inc., no minority, Miami -Dade County vendor, 7245 Northwest 36th Street, Miami, Florida, for the acquisition of three 2004 Ford F-350 SRW four by four pickup trucks, with optional equipment, in an amount not to exceed forty thousand, five hundred and seventy-three dollars ($40,573), for each pickup, for a total proposed amount not to exceed two hundred and twenty-one thousand, seven hundred and nineteen dollars ($221,719). And authorizing the purchase of four eight -- six inches by 24 feet by 86 inches trailer from Kendall Trailing Manufacturing, Inc., no minority, Miami -Dade County vendors, 13818 Southwest 144th Avenue Road, Miami, Florida, in an amount not to exceed six thousand, nine hundred and ninety dollars ($6,990) for each trailer, for a total proposed amount not to exceed twenty-seven thousand, nine hundred and sixty dollars ($27,960); further authorizing the City Manager to purpose various emergency responder equipment, see attached A " -- form "A," from (INAUDIBLE) Company, LLC., no minority, local vendor, 6501 Hardy Road, in Tampa, Florida, under existing (INAUDIBLE) Logistic Agency, DLA contract bid number SB050099-3- 0020, effective until December 23, 2003, in an amount not to exceed five hundred and fourteen City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 thousand, nine hundred and twenty-nine dollars ($514,929), for a total contract amount not to exceed six hundred and sixty-four thousand, six hundred and eight dollars ($664, 608) for the Department of Fire -Rescue; allocating funds from the grant entitled "Urban Area Security Initiative," UASI Grant Program Number 2, Project Number 110111, Account Code Number 280910.6.840. So moved. Commissioner Sanchez: Mr. Chairman. Vice Chairman Teele: Second the motion for discussion. Commissioner Sanchez: Discussion. Chairman Winton: Yes. Mr. Manager -- Joe Arriola (City Manager): Yes. Chairman Winton: -- would you care to weigh in on this for us, please? Commissioner Sanchez: Yes. Vice Chairman Teele: Before he does, it needs to be amended, the resolution. Chairman Winton: What, to come back to the next meeting? Vice Chairman Teele: No. Provided that all of the identified services are donated. Commissioner Sanchez: Yeah. Vice Chairman Teele: And equipment are donated. He said no fiscal -- Commissioner Sanchez: It said no financial -- yeah. Vice Chairman Teele: -- no fiscal impact. Chairman Winton: Yeah. Vice Chairman Teele: So, obviously, I thought this was a big donation -- Commissioner Gonzalez: It's a grant. Chairman Winton: Are we receiving a grant to buy -- I mean, you need to help me here. Mr. Arriola: Yes, I'm going to help you. Chairman Winton: A lot of help I'm going to need. Mr. Arriola: You're going to need a lot of help because I needed a lot of help, sir. This is grant money. I have rejected this thing three times. I will also tell you that I have done a lot of research. I have gone to Broward County. I have gone to Dade County. I have gone to -- I have done a lot ofwork because I was not going to allow -- even though it's grant money, even though it's specific grant money for this thing, it seemed like a lot of money, and I was not willing to bend on this thing. After doing a lot of research, after doing a lot ofwork -- I've even gone to Broward County to look at this thing. This grant is specifically for this kind of equipment, which is contamination equipment in case we have a serious problem. If we're going to get it, we might as well get this through, get the training through and have it here for FTAA ( City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Free Trade Area of the Americas), because if we're going to have a problem in the City, it would probably be around FTAA time. I will tell you that this was not easy for me, but I deal pull it back -- but I did do the research. I spent some time with Sheriff Kenny in Broward County a couple days ago. I went to Broward County and I talked -- I mean, Dade County and I talked to the folks. This is equipment, necessary equipment. I hope that we put this in a garage and never use it. Chairman Winton: But, Mr. Manager, let me tell you where I'm coming from, though. It doesn't have anything to do with all that homework. It has to do with public notice. Mr. Arriola: Yes, sir. Chairman Winton: And you knew that you were doing all this homework. And what you really need to do in the future -- because I'm not sure I'm going to vote `yes" on this today -- but what you have to do in the future is, when you know you're doing that homework, just get it put on the agenda. You can always pull it if you're not finished doing the homework. But if it's on the agenda, it's publicly noticed. The public can look at it. The public can be ready to comment if they need to, and we don't look like we're frying to sneak a half a million dollar ($500, 000) expense item under the radar screen of the public. And it makes us look real bad. And I said, by the way, as you guys all know -- Chief everybody knows -- I said the last time we passed one of these items, I said that unless it's absolutely 100 percent clear-cut to me that it's an emergency, which this one is not, I'm voting "no." Commissioner Gonzalez: Mr. Chairman. Mr. Arriola: Now, let me say -- Chairman Winton: Let me hear from the -- Commissioner Gonzalez: It is kind of unfair to blame the Manager for it. I knew about this program. I knew about the need that the Fire Department may have on this event, and I insisted -- and I spoke to the Manager and I insisted that we need -- same thing that I have said about the Police Department. We're going to have this event. Let's hope that nothing happens in the City ofMiami. But if we're going to have our policemen out there protecting the City, the residents, and the property, and we're going to have the firemen out there, also, doing their work, we have to provide them with every tool that they need to make sure that they have the maximum security for themselves, and for our residents, and for our properties in the City ofMiami. And that was the intention, why I insisted in moving this resolution forward. If any of my colleagues have a problem with it and what to defer it, listen, you know, I did what I thought it was responsible to do. We only -- we are about a month away from the event. If maybe we delay it more, then we don't have time to do the purchase and get the equipment. And they're going to be trained to use this equipment. It doesn't make any sense -- you know, if we're going to frain them and we're not going to give them the equipment, well, let's save the money in training. Let's not train them, you know. And if we have a catastrophe, let's call the County. Let's call New York. Let's call Philadelphia. Let's call somebody to come in here and take care of our problem. But I don't see expending money and buying a truck and not teaching a person how to drive the truck, unless you want to keep the fruck on a showcase, you know. Mr. Arriola: We have a few of those. Commissioner Gonzalez: So that is the intention of this -- Chairman Winton: We agree with you, too, by the way. Commissioner Sanchez. Commissioner Sanchez: What threw me off is the no financial impact to the City. City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Commissioner Gonzalez: Right, because it's a grant. Actually, it's a grant. We're not paying for it. Commissioner Sanchez: That's what threw me off. Hr. Arriola: I will tell you -- Commissioner Gonzalez: And if we don't use it for this purpose, you know, the grant is for the only purpose of using it on these items. So -- Hr. Arriola: I will tell you that -- Commissioner Gonzalez: That's why I say, you know -- Hr. Arriola: Chief Bryson will tell you that him and Chief Kemp have come to me several times with this issue, and I kept saying, "I'm working on it. I'm working on it. I'm working on it." And I understand but -- Chairman Winton: Next time, just put it on the agenda, and pull it -- Commissioner Sanchez: Johnny. Chairman Winton: -- if you're not ready, OK? So then it -- Hr. Arriola: Commissioner Winton, to be very honest with you, as of two days ago, I was not going to allow him to make this purchase. So, my fault. I really was not -- Chairman Winton: All right. Got it. Hr. Arriola: But -- Chairman Winton: I got it. Hr. Arriola: -- the research tells me that have to let him do this. I don't want this to be in my conscience and your conscience. Commissioner Sanchez: Look, based on your recommendation offinding an emergency, you know, and the FTAA, and we must be prepared. And I think we all want to support the police officers and fire, make sure that we do protect the properties and everybody out there. But, once again, you know, we've got to be careful that we don't set a bad precedence here presenting these pocket items. And that's the only concern that Commissioner Winton is expressing. Commissioner Gonzalez: (INAUDIBLE) Chairman Winton: He's on -- we're all on the same side here. Commissioner Gonzalez: Right. I understand that. Commissioner Sanchez: Listen. Just call the question. Hr. Arriola: Listen -- Commissioner Gonzalez: That's why I say if anybody has a problem with it, I'll be glad to defer it. City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Mr. Arriola: It's funny because all the Commissioners are looking at me and smiling -- Chairman Winton: Chief. Mr. Arriola: -- because they knew how I felt about this. But -- Chairman Winton: Chief could you come up? Mr. Arriola: -- the truth is truth. Chairman Winton: If -- when's the next Commission meeting? Commissioner Gonzalez: Two weeks. Priscilla A. Thompson (City Clerk): October 23rd. Chairman Winton: Two weeks. So if this is deferred and put on the regular Commission agenda for two weeks from now, can you get the equipment and get your people trained? Chief William Bryson: No, sir. Chairman Winton: OK. That's all I wanted to know. Vice Chairman Teele: Call the question. Chairman Winton: All in -- we have a motion and second. Any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. I voted "yes" because I think it is -- you know, FTAA is -- FTAA is coming. We had notice last night that we were going to get people coming today that were going to fry to disrupt our Commission meeting, so this stuff is very, very real. Maybe they're going to show up yet, but we'll probably be adjourned. They'll be a little late, and that'll be OK. But, Mr. Manager, even if there's a hint, these fiscal items, put them on the damned agenda, even if you think you're not going to -- you can pull them from the agenda. And then we don't get put in this bind. Thank you, sir. NA.12 03-0135 DISCUSSION ITEM DIGNITARIES FROM HAITI AND DOMINICAN REPUBLIC MOTION The following motion was moved by Vice Chairman Teele, seconded by Commissioner Regalado, and passed unanimously: A motion requesting the City Manager to facilitate an activity hosting the City ofMiami dignitaries, including specifically the Consul General of the Dominican Republic, the Consul General of Haiti and local FTAA (Free Trade Area of the Americas) officials at the Orange Bowl as it relates to the "Haiti vs. Dominican Republic 2003 International Soccer Game" to be held on Sunday, October 12, 2003. Vice Chairman Teele: Mr. Chairman, the final thing that I have is a motion of the Commission requesting the Manager to facilitate an activity hosting the City ofMiami dignitaries, including, specifically, the Consul General of the Dominican Republic and the Consul General of Haiti, City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 NA.13 03-0136 and local FTAA (Free Trade Area of the Americas) officials at the Orange Bowl, as it relates to the Haiti versus Dominican Republic 2003 International Soccer game, to be held on Sunday, October the 12th. And I would so move. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Winton: Motion and second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. DISCUSSION ITEM USE OF METRORAIL DURING FREE TRADE OF AMERICAS (FTAA) EVENT MOTION The following motion was moved by Vice Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously with Commissioner Sanchez absent: A motion directing the City Manager to negotiate an agreement with Miami -Dade County relating to free/discounted rides, or a program to encourage people to ride Metrorail and Peoplemover during the period of November 17-21, 2003 to facilitate better traffic and better ability for the City ofMiami to carry out its emergency fire and police functions; further requesting Miami -Dade County to participate with the City ofMiami in a joint program to encourage the public to ride Metrorail during that time. Chairman Winton: OK. Anything else? Vice Chairman Teele: Mr. Chairman, where is Christina -- Chairman Winton: I'm headed out. Vice Chairman Teele: -- the new Manager -- Assistant Manager? Chairman Winton: Christina Cuervo. Vice Chairman Teele: Not Christina. Chairman Winton: I mean Alicia. Vice Chairman Teele: Alicia. Chairman Winton: Oops. Oops. Commissioner Regalado: Christina is in Miami Beach. Chairman Winton: Oops. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 Vice Chairman Teele: I mean, you know, I take what Commissioner Regalado just said seriously . And I want to publicly acknowledge to the Manager that the gender diversity has improved tremendously. I read very, very recently a memo from you, Mr. Manager, appointing a Transportation Coordinator, who is a woman. I want to commend you. Her background is exquisite and really is an asset just to have a person like that, without regard to gender, with the City. And I think the City, Mr. Manager, is moving forward in really working with gender diversity. I hope, particularly, in the Parks Department, we can see more ethnicity diversity, but, again, I just think that you should be commended and your staff should be commended for finding such a capable person, who has such a brilliant background, has -- coming out of the private sector to be our Transportation Coordinator. I see -- I have not met her or talked to her, butt would like for you to introduce her. Alicia. Chairman Winton: I called you Christina. Alicia Cuervo-Schreiber: I know, Commissioner. We're cousins, actually. Good afternoon. I'd like to introduce Mary Conway. As the Commissioner said, she comes with a wonderful background; professional engineer, civil, from the Department of Transportation, ten years, worked in the private sector, was in charge of production -- consultant management for Disfrict 4 and worked in Disfrict 6 at DOT (Department of Transportation) from Beiswenger Hock and Associates. I'd like to present Mary Conway. (APPLAUSE) Mary Conway: Thank you. Vice Chairman Teele: Goes down here from here -- it goes downhill from here, Mary. Chairman Winton: I was waiting for the "but." Ms. Conway: It's a short honeymoon. Joe Arriola (City Manager): You know, if Kenny Grimes shows up, he's going to be very jealous because you beat the crap out of him, and now she gets all the applauses. Vice Chairman Teele: Well, I'm about to make the motion now. Mr. Chairman, in all seriousness, I move that the Manager be requested to negotiate an agreement with the County, relating to free, discounted, or a program to encourage people to ride the Metrorail and People Mover during the period of November 17th through the 21st to facilitate better traffic and better ability of the City to enforce -- to carry out of fire, emergency, and police functions, and, specifically, ask that the County provide vouchers, or tokens, or free transportation, People Mover and Metrorail, and encourage -- with a joint program with the City and the County, to encourage people to ride the Metrorail during those days. I would so move. Commissioner Gonzalez: Second. Chairman Winton: We've got a motion and a second. Arthur is always on it. Commissioner Regalado: People Mover is free in downtown, but the Metrorail -- Chairman Winton: ButMetrorail's not. Vice Chairman Teele: The key is to get people not to drive in. Chairman Winton: Right. We have a motion and a second. Discussion. Being none, all in City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes October 9, 2003 favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. Thank you very much. Would you like to say anything? Vice Chairman Teele: We'll see how well you do. Chairman Winton: OK. We're done. Commissioner Gonzalez: Motion to adjourn. Chairman Winton: Thank you all. Vice Chairman Teele: More meetings like this, Johnny. Chairman Winton: Thank you all. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 5:44 P.M. City ofMiami Page 105 Printed on 12/16/2004