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HomeMy WebLinkAboutCC 2004-01-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, January 8, 2004 9:00 AM REGULAR (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Teele, Jr., Chairman Joe Sanchez, Vice Chairman Angel Gonzalez, Commissioner District One Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes January 8, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTION BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS City ofAliami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Regalado, Vice Chairman Sanchez, Chairman Teele and Commissioner Winton On the 8th day of January, 2004, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:19 a.m. by Chairman Arthur E. Teele, Jr., recessed at 12:00 p.m., reconvened at 3:12 p.m. and adjourned at 5:43 p.m. ALSO PRESENT: Joe Arriola, ChiefAdminisfrator/City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Attorney Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 03-0391 PRESENTATION Name of Honoree Commissioners Winton & Teele Jose Ferras Jack Blumenfeld Neal R. Sonnet L.A.M.A. Toy Drive Latin American Motorcycle Assoc. Miami Dolphins Cheerleaders Danielle Wong Adriana Souza Beth Lang Liz Beans Osvaldo Heredia Frank Sanabria Judge Jeffrey Roseneck Presenter Mayor Diaz Mayor Diaz Commissioner Regalado Commissioner Regalado Commissioner Sanchez Protocol Item Passing of the Gavel Commendation Plaque Plaque Certificates 03-0391-Protocol program PRESENTED Note for the Record: The above listed protocol items were PRESENTED. The certificates for the Miami Dolphin Cheerleaders, Danielle Wong, and Adriana Souza were presented in absentia Chairman Teele: Dear to everyone. Thank you for attending. It's my understanding that the Manager would be presenting, at 3:30 -- is that right, Manager? Joe, it's my understanding that at 3:30, you'll be making the formal presentation, 3:30, and there's a 3 o'clock time certain, I think someone set, so that will pretty much be the order of the day, and this morning we have some proclamations. Our Mayor has joined us. Mr. Mayor, you are on the program. Mayor Manuel Diaz: Yes. Thank you, Mr. Chair. The -- I guess the first item of business, although we sort of covered this at our last meeting, but the first item of business is the passing of the gavel. Commissioner Winton: I thought I did that at the last meeting. To Commissioner Teele, the City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 gavel. (Applause) Mayor Diaz: See, all the TV (television) cameras are here for that. MAYORAL VETOES Chairman Teele noted that there were no vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Regular Meeting of March 14, 2002 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to approve the minutes. Special Meeting of April 12, 2002 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to approve the minutes. Special Meeting of May 30, 2002 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to approve the minutes. Regular Meeting of November 13, 2003 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to approve the minutes. Planning and Zoning Meeting of November 25, 2003 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to approve the minutes. Chairman Teele: All right, we need to take up the items that have been delayed. Also, there is a request to take up an item that we passed. The meeting of - the regular meeting ofMarch 14, 2002 - 2002. Is there a motion? Vice Chairman Sanchez: So move. Commissioner Winton: Wait. What are you doing? What are we doing? Chairman Teele: Approving the minutes. Commissioner Winton: Oh, approving minutes. Chairman Teele: Or minute. Moved by Commissioner Sanchez, second by Commission Regalado. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Special meeting ofApril 12, 2002. City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Winton: So move. Chairman Teele: Moved by Commissioner Winton. Commissioner Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Special meeting ofMay 30, 2002. Commissioner Winton: So move. Chairman Teele: Moved by Commissioner Winton. Commissioner Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Regular meeting of November 13, 2003. Commissioner Winton: So move. Commissioner Gonzalez: Second. Chairman Teele: Moved and seconded. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: And the Planning and Zoning meeting of November 25, 2003. Commissioner Winton: So move. Chairman Teele: It's moved and - Commissioner Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 CONSENT AGENDA CA.1 03-0186 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE ACQUISITION OF SOFTWARE LICENSES AND ANNUAL SOFTWARE SUBSCRIPTIONS FOR THE NX5800 CLEARPATH AND CLU6000 TAPE BACKUP SYSTEMS, FROM UNISYS CORPORATION, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 252-000- 03-1, EFFECTIVE THROUGH JULY 31, 2005, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW THE LICENSES AND SUBSCRIPTIONS FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $171,851 FOR THE FIRST YEAR, AND IN AN ANNUAL AMOUNT NOT TO EXCEED $106,576, FOR EACH EXTENSION PERIOD; ALLOCATING FUNDS FROM GENERAL FUND ACCOUNT CODE NO. 001000.460101.6.670, SUBJECT TO BUDGETARY APPROVAL. 03-0186- cover memo.pdf 03-0186- budgetary impact analysis.pdf 03-0186- IT Hardware contract.pdf 03-0186- award under state of Florida.pdf 03-0186- legislation.pdf DEFERRED The City Attorney requested on behalf of the City Manager to DEFER this item to the next Commission Meeting. CA.2 03-0327 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF FLORIDA LAWN SERVICES, INC., FOR THE PROJECT ENTITLED "US-1 MEDIANS LANDSCAPE MAINTENANCE CONTRACT, B-6489," IN AN AMOUNT NOT TO EXCEED $88,300; ALLOCATING FUNDS FROM THE DEPARTMENT OF PUBLIC WORKS ACCOUNT NO. 001000.310201.6.340, IN THE AMOUNT OF $88, 300 TO COVER CONTRACT COSTS PLUS $9,382 TO COVER ESTIMATED EXPENSES INCURRED BY THE CITY, FOR TOTAL ESTIMATED PROJECT COSTS OF $97,682, AS SET FORTH IN THE TABULATION OF BIDS DOCUMENT AND THE FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofAliami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 03-0327- cover memo.pdf 03-0327- budgetary impact analysis.pdf 03-0327- exhibit 1- tabulation of bids.pdf 03-0327- exhibit 2- fact sheet.pdf 03-0327- exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0002 CA.3 03-0328 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF SOUTH FLORIDA MAINTENANCE SERVICES, INC., FOR THE PROJECT ENTITLED " BRICKELL AVENUE MEDIANS LANDSCAPE MAINTENANCE CONTRACT, B-6495," IN THE PROPOSED AMOUNT OF $122,676. 30; ALLOCATING FUNDS FROM THE DEPARTMENT OF PUBLIC WORKS ACCOUNT NO. 001000.310201.6.340, IN THE AMOUNT OF $122 ,676.30 FOR CONTRACT COSTS, PLUS $11,423.70 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR ESTIMATED TOTAL PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $134,100, AS SET FORTH IN THE TABULATION FOR BIDS DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 03-0328- cover memo.pdf 03-0328- budgetary impact analysis-1.pdf 03-0343 - police fact sheet-5.pdf 03-0328-public works fact sheet-2.pdf 03-0328-tabulation of bids-3.pdf 03-0328-contract-4. pd f This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0003 CA.4 03-0343 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF FLORIDA POLICE PRODUCTS, FOR THE PROVISION OF BADGES, INSIGNIAS AND WALLETS, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF POLICE, AT AN ANNUAL AMOUNT NOT TO EXCEED $36, 246.60, AND FOR THE DEPARTMENT OF FIRE -RESCUE, AT AN ANNUAL AMOUNT NOT TO EXCEED $41,318.50, FOR A TOTAL ANNUAL AMOUNT NOT TO EXCEED $77,565.10; City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF THE DEPARTMENT OF POLICE, ACCOUNT CODE NO. 001000.290201.6.075 AND THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 01000.280601.6.075, SUBJECT TO BUDGETARY APPROVAL. 03-0343 - cover memo.pdf 03-0343 - background information.pdf 03-0343 - award recommendation - Police.pdf 03-0343 - tabulation of bids- Police.pdf 03-0343 - budgetary impact analysis- Fire.pdf 03-0343 - award recommendation and approval- Fire.pdf 03-0343 - tabulation of bids- Fire.pdf 03-0343 - bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0004 CA.5 03-0344 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A BELLSOUTH BUSINESS MASTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE CITYWIDE WIDE AREA NETWORK COMMUNICATIONS SERVICES FOR THE CITY OF MIAMI, FOR AN INITIAL TWO- YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $500,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY, ACCOUNT CODE NO. 460101-510, THE APPROPRIATED CAPITAL IMPROVEMENT PROJECTS, AND THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, SUBJECT TO BUDGETARY APPROVAL. 03-0344- cover memo.pdf 03-0344- budgetary impact analysis.pdf 03-0344- memo.pdf 03-0344- previous legislation.pdf 03-0344- professional service agreement.pdf 03-0344- exhibit 1- master agreement.pdf 03-0344- exhibit 2- appendix I.pdf 03-0344- exhibit 3- agreement approval.pdf 03-0344- exhibit 4- contract service agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0005 CA.6 03-0349 RESOLUTION City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 ), ACCEPTING THE BID OF SOUTH FLORIDA MAINTENANCE SERVICES, INC., FOR THE PROJECT ENTITLED "CITYWIDE TREE BEAUTIFICATION PROJECT 2003, B-4683," IN THE PROPOSED AMOUNT NOT TO EXCEED $ 27,870; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341183, IN THE AMOUNT OF $27,870, TO COVER CONTRACT COSTS, PLUS $4,130 TO COVER ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, AS SET FORTH IN THE TABULATION FOR BIDS DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED, FOR ESTIMATED TOTAL PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $ 32,000; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 03-0349- cover memo.pdf 03-0349- budget impact analysis.pdf 03-0349- exhibitl- tabulation of bids.pdf 03-0349- exhibit2- fact sheet.pdf 03-0349- exhibit3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0006 CA.7 03-0352 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ) ACCEPTING THE BID OF MORLIC ENGINEERING, CORP., FOR THE PROJECT ENTITLED "ALLAPATTAH PRODUCE MARKET IMPROVEMENTS, B-4674," IN A PROPOSED AMOUNT NOT TO EXCEED $407,860; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341194, IN AN AMOUNT NOT TO EXCEED $407,860, TO COVER CONSTRUCTION COSTS, PLUS $50,000 TO COVER ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS NOT TO EXCEED $457,860, AS SET FORTH IN THE TABULATION FOR BIDS DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 03-0352- cover memo.pdf 03-0352- budget impact analysis.pdf 03-0352- exhibit 1- tabulation of bids.pdf 03-0352- exhibit 2- project fact sheet.pdf 03-0352- exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0007 CA.8 03-0353 RESOLUTION City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 ), AUTHORIZING AN EXTENSION IN THE TERMS OF THE EXISTING AGREEMENT UNTIL DECEMBER 31, 2004, BETWEEN THE CITY OF MIAMI AND MR. AND MRS. LEE (DECEASED) AND TINA HILLS ("BENEFACTORS"), PURSUANT TO RESOLUTION NO. 85-1231, ADOPTED DECEMBER 19, 1985, ACCEPTING A GRANT, IN THE AMOUNT OF $110,000, FROM THE BENEFACTORS FOR THE CONSTRUCTION OF SEVEN PLAY SCULPTURES AT BAYFRONT PARK, IN ACCORDANCE WITH THE BAYFRONT PARK REDEVELOPMENT PROJECT PLANS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE TWENTY-SECOND AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, SUBJECT TO ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, AND ALL APPLICABLE REQUIREMENTS AND RESTRICTIONS. 03-0353- cover memo.pdf 03-0353- previous legislation.pdf 03-0353- previous agreement.pdf 03-0353- previous attachments.pdf 03-0353- exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0008 CA.9 03-0354 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING BAYFRONT PARK MANAGEMENT TRUST'S ("TRUST") EXECUTIVE DIRECTOR TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE REVOCABLE LICENSE AGREEMENT BETWEEN THE TRUST AND UNIPRO GROUP ("LICENSEE"), PURSUANT TO RESOLUTION NO. 02-1109, ADOPTED OCTOBER 10, 2002, FOR A HOLIDAY VILLAGE EVENT AT BAYFRONT PARK; AUTHORIZING THE EXECUTIVE DIRECTOR TO DETERMINE THE LOCATION OF THE LICENSEE'S PRODUCTION COORDINATING AREA, SUBJECT TO ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, AND ALL APPLICABLE REQUIREMENTS AND RESTRICTIONS. 03-0354- cover memo.pdf 03-0354-previous legislation.pdf 03-0354-previous revocable licence agreement.pdf 03-0354-previous attachments 03-0354-previous memo 03-0354- exhibit This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0009 CA.10 03-0387 RESOLUTION City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS, FROM HDR ENGINEERING, INC., FOR THE DEPARTMENT OF PURCHASING, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 973-001-00-1, EFFECTIVE UNTIL MAY 14, 2004, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, TO BE USED CITYWIDE ON AN AS -NEEDED CONTRACT BASIS, IN AN AMOUNT NOT TO EXCEED $ 1,000,000; ALLOCATING FUNDS FROM ACCOUNT NO. 122001.250106.6. 270 AND ACCOUNT CODE NO. 341330.319301.6.270. 03-0387 - substitute cover memo.pdf 03-0387 purchasing memo.pdf 03-0387- letter from the state .pdf 03-0387- state term contract.pdf 03-0387- memos from the state.pdf 03-0387-certificate of state contract.pdf 03-0387-certificate of state contract continued.pdf 03-0387 - memo - correcting error.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0010 CA.11 03-0388 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF GENERAL ENGINEERING CONSULTANT SERVICES, FROM CONSUL -TECH TRANSPORTATION, INC., FOR THE DEPARTMENT OF PURCHASING, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. C-8286, EFFECTIVE UNTIL MARCH 19, 2004, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, ON AN AS -NEEDED CONTRACT BASIS CITYWIDE, IN AN AMOUNT NOT TO EXCEED $1,000, 000; ALLOCATING FUNDS FROM PROJECT ACCOUNT NOS. 122001. 250106.6.270 AND 341330.319301.6.270. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 CA.12 03-0369 03-0388- cover memo 03-0388- purchasing memo 03-0388- letter from FDOT 03-0388- request for proposal 03-0388- scope of services 03-0388- standard professional services 03-0388- written technical proposal 03-0388- required certified forms 03-0388- letter 2 from FDOT 03-0388- memo from FDOT 03-0388- contract status checklist 03-0388- email 03-0388- professiona services agreement 03-0388- services agreement terms 03-0388- scope of services 03-0388- method of compensation 03-0388- certificate of liability This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0011 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 03-0369- cover page.pdf 03-0369- board actions.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton END OF CONSENT AGENDA Chairman Teele: All right. We did -- I appreciate the Commission's indulgence. We did go a little bit out of turn, as an accommodation to the Mayor and the people. We have the Consent Agenda. It's my understanding there are no vetoes that have been issued by the Mayor, is that correct, Madam Clerk? Priscilla A. Thompson (City Clerk): That is correct, sir. Alejandro Vilarello (City Attorney): Mr. Chairman, there are three substitute items on the Consent Agenda. The Manager has substituted Item CA.3, CA.10, and CA.11. Chairman Teele: That has been made for the record. City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Gonzalez: Mr. Chairman, I move the agenda -- the Consent Agenda with the substitutes. Chairman Teele: The motion has been made to move the Consent Agenda, as substituted. Vice Chairman Sanchez: Second. Mr. Vilarello: Mr. Chairman. - Mr. Mayor. - Chairman Teele: Second for discussion. Mr. Vilarello: The Manager advises me that he would like Item CA.1 deferred to the next City Commission meeting. Chairman Teele: Without objection, CA.1 is deferred, if the maker of the motion agrees. Commissioner Gonzalez: I agree with -- Chairman Teele: All right. Is there further discussion on the Consent Agenda? Commissioner Regalado: I have one. On CA.3, this is the contract for the medians landscape on Brickell Avenue. I think it's a good thing. I think it's something that we need to do, butt still have the question about the Coral Way median and, hopefully, the Manager will come with something in the next -- Vice Chairman Sanchez: Commission meeting. Commissioner Regalado: -- two or three months. We do not need any median landscape at -- on the median in Coral Way, because the work for the lighting is going to start, and they're going to have to dig and dig, and come back and do things, so it will be a waste of money to have some kind of landscape, but after we get done with the lights, we need to have some kind of median landscaping on Coral Way because it would supplement the lighting. It makes sense. The only thing that FDOT (Florida Department of Transportation) does is trim the trees, because the City picks up the frash and the leaves sometime. Alicia Cuervo Schrieber (Chief of Neighborhood Services): Commissioner, there was a meeting yesterday with the Florida Department of Transportation, and they have advised us if we want further service, we can take over that section of the roadway for maintenance. Chairman Teele: All right. On the Consent Agenda items, is there further discussion? Is there any objection? Where is the contract that they amended the -- Commissioner Gonzalez: That's CA.10. Chairman Teele: Where they amended the name of the firm. Which one is that? Commissioner Winton: CA.11. Ms. Cuervo Schrieber: CA.10. Commissioner Winton: I thought it was 11. Ms. Cuervo Schrieber: I'm sorry. CA.11. It was Consul -Tech Engineering. It's Consul -Tech Transportation Engineering. City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: Ms. Ayers, did you want to be heard on the Consent Agenda? Georgia Ayers: Pardon? Chairman Teele: On the Consent Agenda. Ms. Ayers: Well, what you just said about the City picking up the trash -- someone made a remark. Chairman Teele: You have to come to the mike, Mrs. Ayers. Ms. Ayers: Pardon? Chairman Teele: You have to come to the microphone. Ms. Ayers: Good morning. My name is Georgia Ayers. I'm the founding Executive Director of a program called the Alternative Program, located at 151 Northwest 60 Street. About a year ago a crack house was -- Chairman Teele: Which item on the agenda? Ms. Ayers: I'm just -- I'm talking about the frash. I just want to relate to the trash. I'm just here to hear today, but since you're talking about it and before I become a little annoyed, and react the way that I don't want to react about this house that was burned down a year ago and was still sitting, you came in, you knocked it down and that garbage is still sitting, and the persons are putting the frash there -- the police officer is here, he can verify it. I have called my good Mayor -- I mean -- well, I told him, too, before he left, how I feel about it. I just -- my building is in that place, and I'm renovating a multimillion dollar, 48,000 square feet building, and I just be darn if you all would have anything like this around where you live, any of your family live, and I would like for the Police Chief -- I know he doesn't like it, butt help pay his salary, too -- to come up and tell you how many times I have raised holy hell about this. Chairman Teele: Well, we're willing to stipulate it. Unidentified Speaker: Please stipulate it. Ms. Ayers: And the other thing is, I'm sitting here -- my head is bursting. My mother was born in Lemon City, my grandmother moved to Lemon City in 1898. I have all the documents to prove it. If you're going to say Little Haiti, I have nothing against it, but my office is in that area. Say Little -- say Lemon City slice Little Haiti. Now, you've got a sign up there right in front ofMiami Edison Middle School: "Welcome to Little Haiti." That burns me up every time I look at it. I'm not "welcomed to Little Haiti." My mother's oldest sister, who is 96 years old, was born in Lemon City, and it bothers me. Chairman Teele: I cannot tell you, Mrs. Ayers -- Ms. Ayers: Yes, sir. Chairman Teele: I don't want -- we've got to stay on the agenda. I cannot tell the Manager how much damage that the Manager's office is doing by redesignating communities. You don't live there. Your people that are just coming in -- this Edison area is livid with me because all of a sudden -- Edison has always been viewed as Edison. All of a sudden now, the park there at Range Park, all of that area is being called Little Haiti. That area is not Little Haiti, and we need to stop just disrespecting communities, and just going in and naming things, and Mrs. City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Ayers, unfortunately, has been overtaken by time -- and you should have made that objection back in 1980s when the Haitian community was moving in. Ms. Ayers: They didn't have the sign up then. Chairman Teele: The Lemon City area is Little Haiti today, and Lemon City historically is there. We've asked the Manager's office -- the Planning office to come up with a list of neighborhoods, and to come up with a book, and so we can fry to capture where neighborhoods really are, but a lot of damage is being done, Mr. Manager, by your staff -- and I don't know if it's the NET ( Neighborhood Enhancement Team) Office or the NET service area or how, but just putting these signs up in areas where -- especially areas like Edison, that still has a geographic cohesive boundary is very disruptive, and it gets people all upset. Chief did you want to say anything? What's the address of what we're talking about? Commissioner Winton: Right. Chairman Teele: And so Ms. -- Commissioner Winton: That's what I really want to hear, is when exactly the frash goes away. Chief John Timoney: Right. I spoke to the Manager and he's working on that. Thank you, sir. Chairman Teele: What's the address? Commissioner Winton: No, no. That isn't the answer. Chairman Teele: What's the address -- Ms. Ayers: It's -- Commissioner Winton: OK. Address. Chairman Teele: -- of where the frash is? Chief Timoney: Right next to our building. Ms. Ayers: It's between Northwest 60th and 61st Street, and first -- on 1st Avenue. Chairman Teele: Northwest 1st? Ms. Ayers: Northwest-- it's on Northwest 1st Avenue, between 60th and 61st Street, and my office, we're in the same block. Commissioner Winton: You said, though, that the house has been demolished already, isn't that what you said? Chief Timoney: Right, a year ago. Ms. Ayers: It was burned -- Commissioner Winton: It burnt -- Ms. Ayers: -- by the drug addicts a year ago. I called and complained about it. You came out and you knocked it down, and it is still sitting two months ago. City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: Who knocked it down? Commissioner Winton: It has been demolished -- Ms. Ayers: I don't know. When I called -- Commissioner Winton: -- but the debris is still there? Ms. Ayers: -- and complained about it sitting there -- you came and knocked it down and just left it, forgot it, and it's at least 15 feet high, the piles -- Commissioner Winton: That's unbelievable. Ms. Ayers: -- and the Haitians that are living there are throwing other frash on it. Commissioner Winton: So, the answer as to exactly when the frash pile will be gone is? Joe Arriola (City Manager): Before the next Commission meeting, because I don't want to her beating up on me anymore. Commissioner Winton: Thank you. Chairman Teele: Thank you very much. Ms. Ayers: Thank you. Chairman Teele: On the Consent Agenda, is there further discussion? I just wanted to commend the Manager on this push-button process that you're working, the piggybacking with the State DOT (Department of Transportation), and I hope we can see some constrain, some timelines between notice of bids and award of contracts, because it just takes -- it's still taking a year. Commissioner Winton: All in favor? Mary Conway: That's exactly one of the main intents. What we will be doing with one of those contracts -- Chairman Teele: Your name for the record. Ms. Conway: My apologies. Mary Conway, Transportation Director. We will be using one of the contracts, the DAIS contract, primarily for exactly those types of process controls and project controls. Chairman Teele: All right. Thank you. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Winton, you have yield -- you have liberty to always call the question. MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 M.1 03-0140 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON THE POVERTY INITIATIVE 03-0140 - discussion.pdf MOTION A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and passed unanimously to accept the Mayor's Report on the Poverty Initiative. Note for the Record: Commissioner Regalado recommended that the city speak to private solid waste haulers that currently have agreements with the City and NET offices to request them to disseminate flyers informing residents of the Poverty Initiative Program. Chairman Teele: Mr. Mayor, before you leave, I would ask the Commission's indulgence, if we could take up the two citywide items. First, since you're here, if you'd like to make any comments on -- those are the discussions and updates regarding the Poverty Initiative, and a resolution authorizing the campaign for the tax credit. If you would like us -- if you would like a moment or two to say something -- I realize your time is valuable, and we appreciate your being here with us this morning. Mayor Manuel Diaz: Thank you, Mr. Chair. It's a pleasure to be here today, after just a couple of years ago, when we took the bold step, all of us together, in attacking the serious problem of poverty in our City -- and Commissioner Teele, you, in particular, have provided a great deal of leadership in that. In the 2003 budget address, you designated some monies to tackle this issue in our community. I stand before you today -- and there are many who are here with me that were a part of our Phase I, and they are here to report specifically on some of the accomplishments of this past year. We have, and will be standing here in front of you shortly, the representatives of the Internal Revenue Service, the Human Services Coalition, and the Florida International University Metropolitan Center, who have made our earned income tax credit and shell tax credit campaign a resounding success, and really, I can tell you from firsthand experience, it's becoming a national model throughout -- many of my colleagues throughout the country. We also have representatives of the Small Business Administration, who have worked with us for the past two years, establishing quarterly small business workshops in our community, and assisting many of our more than 50,000 small businesses in our community gaining financial access the different programs available to them, and they will tell you some absolutely incredible numbers in terms of the level of access and use of the SBA (Small Business Administration) by small businesses in our community, and finally, Accion International, who is the newest member of our growing team, and in the last few months have made over $600, 000 in microloans, many to our many mom and pop operations in our City, and this has been something that has far exceeded what they contemplated happening during the first year. Now, we can't stop here. We've had great success, but as we begin the new year, we will continue to expand into other areas and to move closer to our philosophy of self-sufficiency for all Miamians. As part of this philosophy, our City, in the coming year, will begin to implement additional programs and efforts, which will include the Individual Development Account Program. This will be an effort to increase the asset base of our low income residents. The City will look to support and expand IDA (Individual Development Account) Programs of both Catholic Charities and YWCA (Young Women Christian Association). Funding will be used to help working families address one of the most formidable values to self-sufficiency, the lack or near total absence of savings. Continuing our efforts to assist our residents in gaining access to all benefits available to them from state, federal and local governments. We're going to implement, through our NET (Neighborhood Enhancement Team) offices, a Real Benefits Program. This is City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 similar to the Earned Income Tax Credit Program in which we will educate and provide facilities in our City, where our residents can best determine what other benefits they may be entitled to, which they are not gaining access to today. Bridging the digital divide, which we mentioned earlier for all of our citizens is another area of concern. This effort recognizes -- in a community seeking to take its place as the capital of the Americas, it is necessary that a majority of our citizens, not just our children, be proficient in the ever-growing language of technology. In this effort, we will partner with local providers to improve resident access in understanding computers, in conjunction with our Parks Department and E-Equality, a local nonprofit, focusing on the same issue. In the coming months, we will establish basic computer and Internet literacy training to our residents, advanced workforce development training for adult residents, daily after -school and Saturday technology -based mentoring programs -- programming for our City's youth, ages 8 to 18, in our parks, and over 60 used, refurbished computers to very low and low income families. I'm very excited about the progress we've made. You'll see in the presentations that will be made shortly that the results of our efforts in this past year and a half have produced real tangible results, and I look forward to continuing to work with you as we continue to aggressively attack this issue in our community. I'd like to first present Professor Moreno, from the Florida International University Mefropolitan Center. Professor Diario Moreno: Thank you, Mr. Mayor. I'm Diario Moreno. I'm director of the Metropolitan Center at Florida International University, at 150 Southeast 2nd Avenue, in the City ofMiami. We're setting up a PowerPoint presentation on the results of it, if you could just bear with me a second. Chairman Teele: Do you have a handout of this? Professor Moreno: I'm sorry, I did not. Florida International University was asked by the City ofMiami to help in the oufreach program for the Earned Income Tax Credit Program. Vice Chairman Sanchez: You're not going to let us see your password? Technology's quick, but not that quick. You only have one program in there. Professor Moreno: OK. This is the -- the program -- there were three aspects that I'm going to report on the program. Next slide. The first is, we did a survey of residents of the City ofMiami who were eligible for the earned income tax credit. We did this survey in order to find out how we should design the campaign. Then I'm going to report briefly on what was the campaign to inform people about the earned income tax credit and, finally, what were the tangible results. Next slide. We surveyed 400 people in the City ofMiami who were eligible for the EITC (Earned Income Tax Credit). We surveyed between November 11 th through the 14th. Next slide. What we found is of people who were eligible only -- a little under 27 percent remember applying for the EIC (Earned Income Credit) in 2001; 48.1 percent claimed that they did not file for the credit, even though they were eligible, and only 25 percent could not recall whether or not they applied, so they didn't remember if they applied or not. Noncitizens Hispanics: Three quarters of the respondents who did not apply did not know about the credit. Noncitizens Hispanic was the group most likely not to apply, even if they qualified. There's a point missing there. The poll -- next slide. The poll also found that an overwhelming number of noncitizens, 83.3 percent, who did not apply for the credit in 2001 did not know that the credit existed. The survey also indicated that a significant number of noncitizens were reluctant to apply for the program, even if they knew about it and even if they qualified. Twenty-three percent of the noncitizens said they will not apply for the EITC, even if they qualified, so it was obvious, from these poll results, that the City ofMiami needed a campaign to inform citizens, especially noncitizens, of the benefits of the EIC, so we recommended -- next slide -- we recommended to the City, the Mefropolitan Center, a public education campaign in all our communities, but with a special oufreach to noncitizens, and also we recommended that any program to increase EITC needed to include the network of storefront providers of professional services. We found in our survey that Hispanics, and specially noncitizens, do not go to the H&R (Henry & Richard) Blocks or the big national City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 chains, but they go to their storefront, where they do immigration, where they do accounting, and that's to interface with the federal government, so any campaign to increase EITC participation needs to include that network of people in our community who provide services for the poor, but especially for immigrants and new arrivals. Next slide. The campaign had three major aspects: One was a public relations campaign undertaken by Mayor Manny Diaz, which included radio appearances, news conferences and speeches to increase our awareness of the EITC. Second, a mail campaign. First, we send a mailer to every professional tax preparer in the City ofMiami to inform them of the EITC, so they can pass it on to their clients. Next, we send a mailer in mid February to every household in Miami, and then we send a final mailer in the last week ofMarch, early April to every household to remind them again about the EITC. We fried to time the mailers with those periods where tax -- where people are more likely to turn in their tax returns, which is at the beginning and at the end of the tax season, and finally, we provided a bilingual call service -- trilingual call service, excuse me, in Creole, Hispanic -- in Creole, Spanish and English to answer questions and to refer people about the EITC. What were the results? Next slide. We found that the program was a highly successful program in raising public awareness, and the program should be continued next year. The Internal Revenue Service reported an 18 percent increase in the use of its tax assistant sites in the City ofMiami, and more importantly, the number of people in the City ofMiami applying for the EIC increased by 3000, from 60,000 to 63,000. The next slide. And here in the colors of the Orange Bowl champions are the increase in the number of EIC applicants. Also -- next slide -- we found that according to the IRS, the amount of money that people got back in the City ofMiami increased by 13 million, from 110 million to 123 million. We estimate -- the IRS, at the beginning of the tax season, estimated that people in Miami weren't applying for 26 million dollars of credit that they were entitled to, so this campaign actually was able to capture half of the money that was unclaimed, according to IRS estimates and, finally, the last slide in the colors of the national champions, the University of Southern California -- Chairman Winton: B000. I knew there must be some gimmick here. ProfessorMoreno: -- shows the 13 million dollar increase in graphic form. Now, let me pass on the baton to Gilbert Colon from the Small Business Association. Gilbert Colon: Dr. Moreno, I don't think I would have done that. Commissioner Winton: I'm wondering what his boss is thinking right now. There's no FIU ( Florida International University) colors in here. Mr. Colon: It is indeed my pleasure to represent the U.S. Small Business Administration, South Florida District Office, and on behalf of Pancho Marrero and our crew here in Miami, I thank you for the opportunity. Again, my name is Gilbert Colon. I am the Deputy District Director of the South Florida District Office in Miami. We are one of 70 such district offices in the nation. A little more than two years ago, when the Mayor became Mayor, he identified an issue, a concern of his that puts us where we are today. His concern was that economic development in this City was not where it should be, vis-a-vis, the kinds of activities that the U.S. Small Business Administration is involved in. Our main purpose is to empower America's entrepreneurs, no matter at what level, whether it's a start-up or a flourishing business, and so therefore, the Mayor called us in and under his leadership and that of his staff we have done some things, and we established three goals. Mr. Chairman, I will give you a copy of this. We established a partnership and the three goals for our partnership was to increase economic development within the City ofMiami, to increase the number of SBA (Small BusinessAdministration) guaranteed loans to our City constituents, create a lasting -- and we really mean this -- a real lasting relationship to benefit the City ofMiami residents and its businesses, and as a result of that partnership, last year we held 84 events, and they covered areas like Allapattah, Coconut Grove, Little Haiti, Little Havana, Flagami, Overtown, Wynwood, Coral Way, and we also had two citywide events. That attracted 2300 attendees. Now, loan activity is important because it's City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 access to capital, obviously, and we wanted to frack our progress and our successes in that area, so we went back to the year 2001 and we learned that in the City ofMiami, there were 86 total loans for that whole year. Last year there were 657 loans. That's a 763 percent increase. If we were to compare that with the County, the County last year had 918 loans. The City's portion of that is over 70 percent, so we're doing some very good things in the City ofMiami, thanks to this particular Mayor. The loan volume, in terms of dollars for the City, amounted to over eighty-five million dollars. That's a staggering number in terms of increase. Now, we have another area where we deal with contracts for what we call the 88 Certified Program, where minorities and women are able to secure federal government contracts virtually without having to compete, and in the City ofMiami there were 75 contracts issued under this program, 75. In the County, there were 108. The dollar value to the City was sixty-two million dollars. When we're talking dollar value, taxes, we're talking revenue coming into the City, et cetera. Now, in the year 2001, there were only 29 such contracts. That, again, is almost a 300 percent increase over a three-year period. We can't stop there. We have a strategy to move forward, and our next steps will include to continue to build on the excellent relationship that we have, to encourage further economic development, to increase the number of SBA guaranteed loans and 88 contracts within the City. That's what we propose to do. I think we will succeed. We have demonstrated, over a three-year period, some staggering increases, and again, Mr. Mayor, I want to thank you for your leadership. I want to thank your staff for all that you do and how you do it, and it just encourages us and it excites us because it is rare when you get a Mayor to even answer the phone, and I appreciate that. Thank you, Mr. Chairman, Commissioners. I appreciate the opportunity. Your next presenter is a woman that is doing an outstanding job in this town. She represents Accion USA, a very critical program, the Microloan Program, so without further ado, I present Luz Gomez. Luz Gomez: My name is Luz Gomez. I'm the Director ofAccion USA, here in Miami. We're the microlending component of the City's poverty alleviation campaign. Just to give you a little background on Accion. Quickly, Accion provides access to credit to small businessowners who don't qualify for traditional bank loans, and really the goal is, by doing so, Accion hopes to contribute to both a growth and revitalization of some of the nation's poorest cities. Accion International has 40 years of economic development experience in Latin America. We started our U.S. operations in 1991. Since then, becoming the nation's largest microlender here in the United States. Present in nine states and 28 cities, of which Miami is the newest program. We launched our program in April of this year -- of last year, 2003. Since our inception as a U.S. network, we've lent over sixty-five million dollars to over 9,000 borrowers, with a historical loss rate of only 4 percent. Might not sound like a lot of money to your traditional banker, sixty-five million dollars, but we're only talking about an average loan size of about five thousand dollars, so it's a lot of small loans. We're here in Miami. We came here to conduct feasibility and to open our offices here through the support of both private and public, so you see some of our lead donors here, of which the City ofMiami was a critical component of that, so that we might start operations here, and in the first three years, eventually become a sustainable operation here in the City ofMiami. We've been doing loans as little as five hundred dollars up to twenty-five thousand dollars to a whole gamut of entrepreneurs, from your small mobile flower cart to, you know, a small pastry manufacturer, but, you know, whether very informal or more formal, on the very micro scale to the slightly larger micro business, and they all share one commonality, and that is that they're unable to access financing from traditional sources because of lack of documentation, because of the size of their loan request, because of low credit scores that don't meet bank standards, and, you know, the commonality is that they frequently been turned down for bank credit. When we talk about micro businesses, micro entrepreneurs, we're talking about folks that have business assets of an average of five thousand dollars and less than five employees. In terms of the type of impact that our program has, we conducted an impact study in 1998 across the U.S. network, taking a cross section of 900 of our businesses to see how well their businesses faired after various loans with Accion. What we see here is by loan 2, we see business equity, monthly profits, as well as monthly owners rising, and we're confident we're going to see similar results here in Miami. In terms -- when we came here to Miami, we came to City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 -- we developed some three-year projections across five performance indicators. If you look here at year 1, we sought to disperse 60 loans in our first year, in 2003, with a total amount loaned of three hundred and ninety thousand dollars. We thought our average loan size would be about sixty-five hundred dollars; estimated our loan default rate to be about four percent, and finally we estimated our financial self-sufficiency to be at 10 percent. By financial self- sufficiency, I mean the rate at which we are covering our own expenses with operating revenue, and we think that's an important indicator because we know that we don't want to be a hundred percent dependent on donations year after year, and so the goal is really over time to become financially sustainable and self-sufficient, so what's the reality in terms of projected versus actual? Well, we surpassed our first year goal in only five months of operations. You'll see that we -- since April, when we launched our program, we dispersed 116 loans, totaling seven hundred and fifty-four thousand dollars, and average new loan size of six thousand, five hundred dollars. We have a very low default rate. Of course, the program is new but -- it looks -- we're very happy with the results of only one percent, and our financial self-sufficiency is actually better than expected because of the volume, which is at 14 percent right now. I think that really speaks to the need of the small business community, the micro entrepreneurs that exist in Miami, and that really make up the backbone of the economy, and we're really looking to continue to build on that momentum in this next year. Just to -- infrastructure wise. We set up offices in two locations in the City ofMiami, in east Little Havana, as well as a satellite office in Little Haiti. Over the course of these nine months, I've hired and trained a staff of four, of four people. We have the capacity obviously to speak English, Spanish, Haitian, Creole and French. I continue to build my advisory board, which provides us very importance assistance in terms of marketing and strategic direction, and in terms of key initiatives in the coming year, I think the challenge really is to build off of this momentum and continue to attract qualified borrowers. We're working with banks and our community partners, and we continue to think of innovative ways to really get the name out ofAccion, and really become a small business resource that folks continue to use the capital that we have available, so we really want to thank the City ofMiami for supporting this initiative, and we really invite the continued support in terms of especially marketing and outreach, both from the Mayor's office, as well as the Commissioners' office so that we can continue to let people know about our services. Thank you very much. Olga Golik: Good morning, Mayor Diaz and Commissioners. My name is Olga Golik, and I'm the Project Director with the Human Services Coalition. I come to you on behalf of Daniella Levine, who, I apologize, could not be here because she had a conflicting obligation, but first we wanted to thank you and tell you how proud we are to have this City as a partner in this Greater Miami Prosperity Campaign. It's rare to have political leaders that first acknowledge that there are issues of poverty in their community, but it's even more rare to have political leaders that take such an active role in helping their citizens gain prosperity. I just have very quick things to tell you about, because I have some handouts for you. The first is a booklet that's called Building Community Prosperity, which the Mayor co-authored, and that tells you about the successes of the Greater Miami Prosperity Campaign, as well as challenges all of us to do more to expand these efforts to increase prosperity in our community. Then there is a business outreach flier that is already being given to businesses throughout the City ofMiami that tells them about both the earned income tax credit, as well as other things that they could tell their employees about to increase their individual wealth. Then you have a list of site locations so that when you have constituents asking where they could get their taxes done for free and where they could apply for the earned income tax credit, you have a complete list there available to you, which includes an expanding number of sites in the City ofMiami. Some sites that are operated through Human Services Coalition, through our local partners, which includes Accion, who you heard today, as well as many new sites that are operated directly by the City ofMiami, and finally there are fliers that are distributed to individuals throughout the City, and more can be made available to your offices, if you would like, that tells them -- gives people information about whether they're eligible for the earned income tax credit and where they can call up for information about sites that are nearby to them, so we thank you again for all your efforts. We look forward to another prosperous year working with the City. Thank you. City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Mayor Diaz: Thank you. Mr. Chairman, that concludes our presentation. I think, as you can see, with respect to the SBA, over one hundred million dollars in increased loans, the Earned Income Credit Campaign, producing an additional thirteen million dollars in the pockets of people in our community, who need them the most, the work thatAccion is doing. We're beginning to make an impact. This is only the beginning, and I think there's a lot more, as I said in my opening comments -- there's a lot more that we're going to do, but this is a great start; that I'm very, very proud to be associated with a group that's made the presentation here today, because they care for this City as much as all of us do, and that's why this has been a success at the end of the day, and that concludes Item 1, Mr. Chairman. Chairman Teele: Discussion on Item Number 1. Commissioner Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. I'm glad to see that the mission of the Mayor and all those who labor here is to move the City from the number one poverty to the number one City in community prosperity, and I have some questions that I would like to ask pertaining to the presentation. One is, how much do they estimate that EITC brought in in new income to our community? Thirteen million dollars. Thirteen million dollars. One of the concerns that I had -- not pertaining to this concept, which I believe is one of the best things that we've done in this City in a long time -- is what can we do and what can -- I'm concerned that noncitizen participation, 83.3, did not know about it, nor apply, and I would like to know what can we do and what can we do collaboratively with everyone to make sure that we have an increase in noncitizen participation? Professor Moreno: Well, the -- as an individual questions for the Commissioners will be to talk to your constituents, radio, press outreach, whatever you can do to inform people that this benefit exists in your communities, and you know the areas and you know your residents well, even those that aren't voters, and I think that -- you know, we made a tremendous increase last year. At the beginning of the year, the IRS estimated that there were 26 million unclaimed. We increased it by 13 million, so we -- you could argue we cut it in half even though these are estimates and as an academic, I don't completely trust that it was just 26 million. It was probably more, so I think that continuing the campaign, but also -- especially in the Haitian and the Hispanic community, the noncitizens communities, whatever we can do. Also, to reduce people's fear of government. Vice Chairman Sanchez: Is it the fear of being deport -- deportation? What are the fears? Professor Moreno: I think it's the fear of deportation. In a lot of countries, where the noncitizens are from, the government is not necessarily a friendly place, and dealing with government officials is often a frying affair, so what they do, those who apply go through middlemen. They go through the accountant or the immigration storefront office, so the other thing we have to do is reach out in the Haitian community, in the Hispanic community, to those outreach offices, those little storefront offices and make sure that they're informing their clients of their rights and this benefit. Vice Chairman Sanchez: Well, once again, I just want to state that, you know, I commend the Mayor and all those who labored so hard to get this initiative going because, at the end of the day, it provides new income for our community and at the end of the day, what we're frying to do is here overcome that great cloud that oversees this City as the poorest City in the nation, so once again, Mr. Mayor, I commend you and your staff and all those who labored hard to get this movement going, and I could see just positive things out of it. Mayor Diaz: Thank you, Commissioner, and also, I think in response to your question, there was another element to the campaign that was not mentioned in Professor's report, and that is the fact that we incorporated this whole effort as part of our faith -based initiative in the City, and City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 included it in the (UNINTELLIGIBLE) round tables. In answer to your question about reaching that particular group in our community, the places of worship are an excellent place to reach -- those kinds of people in our community, and we got the support of the religious leadership in the City ofMiami, and they really helped us pump this up in many places that we would otherwise not have reached, and we -- you know, we're going to do that again this year in the campaign. Chairman Teele: Further discussion by -- Mr. Mayor, I want to thank you personally for your personal leadership and that of your staff. I do, however, have some very deep concerns. Who, on your staff is the lead person on this, because I've not really had an opportunity to visit with anyone on your staff on this. Who's leading the -- Mayor Diaz: That would be you? Francois. Chairman Teele: OK, good. That's great. Mr. Mayor, let me -- and I really don't want to direct my comments to you, and I really would like to understand especially the Accion 117 by census tracks or by zip codes, because these numbers can be interpreted anyway we'd like to interpret them, I would assume. Specifically, Mr. Mayor, and to my colleagues, black unemployment, black statistics are two, three and four times that of everybody else, and yet, we treat these numbers very generically, very, very -- almost as if it's a generic piece of pie. This -- poverty is very, very deep among immigrants, particularly new immigrants. It's very, very deep historically because of the circumstances of slavery, and the byproducts of slavery, which, 100 years later, we're still dealing with. No need to cut around it, and Dr. Moreno, you may have a different point of view. I respect you, but we need to be very clear. If we're going to deal with poverty, we need to do that. Now, the Miami Times is not even one of the recommended media outlets in this plan, so I have to start -- when something like that starts, it immediately makes me very, very suspicious. Secondarily, we've continued to talk about bilingualism, but you know and I know -- and I know, Mr. Mayor, you have done a tremendous job of reaching out to the Haitian community, and I commend you for your -- giving up your New Year's Day and having a part of the Bicentennial Celebration, not just a drop -by, but you lived there almost for the day. I worried about your home life, you were there so long, and we really appreciate it. Three or four hours there in the middle of the day, but the fact of the matter is, Creole is a very real language in this country today, and it really does get into some of the structural -- unemployment structural problems that we're dealing with, and we're not going to dent this thing -- all the low hanging fruit is pretty much gone with the -- you know, that's what Workforce Development and all these people come in. We're dealing now with the very, very, very poor, and I am very, very optimistic, as you know, and your staff knows that encourage your staff and wrote the language that created the million dollars initially two years ago, because I said, it doesn't make sense just to talk about poverty if we're not going to deal with it, but on the other hand, I'm not certain that this program is really targeting in -- particularly in the black community. Let me give you one example. Forty-eight -- 52 percent of my district is in Model Cities, of the voters, and yet, as one of my colleagues noted, there is no representation of any businesses in Model Cities on the Greater Miami Prosperity list, yet, we have six in Overtown, for which we have virtually no businesses. I mean, there's 9,000 people total live in Overtown, very few of the businesses there -- do we have businesses, and virtually all of them are not owned byAfrican- Americans, with one or two notable exceptions, so, I mean, I don't want to pick this apart at all, butl do want to get a commitment, "A," that this isn't just going to be another program that sounds good, that we're going to target in particularly in the Model Cities area, and the Creole community. I think the idea of getting to these tax consultants, the legitimate ones and the not -so -legitimate ones, whatever, however they characterize themselves, is a great idea, and I would hope that we're going to host a class for them, and I would hope that we would provide them with some kind of incentives to come to class, particularly in the Haitian, and Jamaican, and some of these island communities where people go to a tax consultant that is unique to that particular -- and I'm sure the same thing is true in Nicaragua and in certain other communities, Columbia. So, my concern, just on the record is, when I look at this Greater Miami Prosperity Campaign list and see one site in Model Cities, and over 50 percent of the black community, of City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 the district that I represent, lives in Model Cities, with all due respect to Little Haiti, with all due respect to Overtown, over 50 percent of the black community lives in Model Cities, and having one site there in 6 -- in Overtown tells me something's way out of whack. Not having the Miami Times listed -- and maybe I'm -- I stand corrected, but the analysis that I have, the analysis my staff has says, The Miami Times is not one of the listed recommended publications. Mayor Diaz: We don't buy any print ads anywhere. Commissioner Winton: All public service announcements. Mayor Diaz: Yeah. What we do is radio and TV (television), and there we have a cross section of communities. Chairman Teele: Well, I would encourage you to -- Mayor Diaz: But, absolutely. Point well taken. Chairman Teele: -- go where the people are, and I can assure you that the people we need to reach are not the kinds of people necessarily that are going to be where the venue is going to be, where public service ads are aired free of charge on, you know -- they're probably not even on the FCC (Federal Communications Commission) approved radio bands in many cases, and so I just think we need to go where the people are, and we don't need to be -- but I really would like some comment ftom the Accion on the zip code or the census track of those 117 or so loans, because I think it's really imperative that those loans be -- that they make this public, that we know what we're doing here, and that these loans be citywide, and based upon poverty and -- I guess you have that information? Ms. Gomez: The reason we located our infrastructure in both east Little Havana and Little Haiti was because there are two of the poorest areas in Miami, and in terms of breakdown of those 116 loans, in the City ofMiami, we have about 50 of those loans, actually in City zip codes. In Little Haiti, our numbers are increasing tremendously. We have about 20 loans in Little Haiti right now. We -- Chairman Teele: Of the 117, about 20 are in Little Haiti? Ms. Gomez: Yes. Chairman Teele: In the Little Haiti area? Ms. Gomez: Yes. Chairman Teele: That seems to be representative, and I would hope that the Manager's staff or the Mayor's staff would be able to work with you to get some zip codes, because we don't need -- I mean, you know, it doesn't matter to me whether it's -- as long as it's targeted for areas, it doesn't matter to me who receives the loan, per se. Commissioner Winton, you were -- Commissioner Regalado: Mr. Chairman. Commissioner Winton: I just wanted to echo real briefly -- not to beat a horse to death here, but it was, at least ftom my perception in all the presenters, including the guy from SBA, there really -- there has never been a mention of Liberty City, Model Cities, that whole area, and there's an awful lot of jobs along that -- along 79th Street, 62nd, 7th Street, that whole corridor there, there's an awful lot of business -- jobs -- businesses that could use the attention of you all, the SBA, the whole team here that's working on it, and maybe something's going on there, but as -- just hearing the presentation, I didn't hear that, so let's say for the sake of conversation right City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 now that this first year's efforts didn't have a significant focus there than I think that we want to encourage that focus because we've got a -- you know, we've got a lot of things going on in that Model Cities area right now, and so the timing couldn't be better to jump there right now, today, and provide the kind of assistance that we need to pull some of these businesses up from the bootstraps as we begin to kick off real housing development in the Model Cities corridor, so that's all I wanted to say. Chairman Teele: Commissioner Regalado. Commissioner Regalado: I think that there is a way to reach out to the people. If we are not able to use a lot of money to buy a lot of advertising, we have to depend on public service announcements, which will run not in the peak hours of the radio stations of every community, nor will the papers publish more than one or two stories, so one thing that people have to do everyday is throw away the garbage, so I'm recommending that we talk to the private solid waste haulers that have contracts with the City, because in the Model Cities areas, there are many apartment buildings who are served by private haulers, and have them place a sign referring the residents to the office for this kind of service in the garbage bin. Also, the NET Office should place at the entrance of those -- the lobby, or stairs or whatever, there is a door, main door to apartment buildings, a sign directing the people to the right address. The other residents, home residents should be served by our Solid Waste Department. This works because everybody gets near a solid waste can everyday or every two days, at least, and you don't have to be hoping that the people be watching or listening to random PSA (Public Service Announcements) programs, so I think, Mr. Mayor, and members of the Commission that we could reach -- have people see the kind of program that we're offering, and the addresses through that system. It's a more direct, more primitive, if you might want to call them, but I think it reaches more people. Mayor Diaz: Excellent. Chairman Teele: All right. Motion to accept the Mayor's report. Commissioner Winton: So moved. Vice Chairman Sanchez: So second Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (collectively): Aye. Commissioner Winton: Don't we need -- M.2 03-0394 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $194,400, FROM SPECIAL REVENUE FUND ENTITLED: "POVERTY INITIATIVE" TO SUPPORT THE 2004 CITYWIDE EARNED INCOME TAX CREDIT CAMPAIGN PLAN ("PLAN"); ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $28,600, TO EXTENDED STAY AMERICA FOR THE ACCOMMODATIONS AND MATCHING GRANT FUNDS RELATED TO THE COMMITMENT OF 22 UNITED STATES AMERICORPS VOLUNTEERS, AND FUNDS, IN AN AMOUNT NOT TO EXCEED $165,800, TO FLORIDA INTERNATIONAL UNIVERSITY'S METROPOLITAN CENTER TO IMPLEMENT THE PLAN; FURTHER DIRECTING THE CITY MANAGER TO EXECUTE A City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FLORIDA INTERNATIONAL UNIVERSITY. 03-0394-cover memo 03-0394-exhibit- service agreement Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sanchez and Teele Absent: 1 - Commissioner Winton R-04-0014 Chairman Teele: That's M.1. M2 is a resolution that's before us appropriating one hundred and ninety-four thousand dollars to underwrite the City's campaign. Vice Chairman Sanchez: So moved. Alejandro Vilarello (City Attorney): Mr. Chairman, there's a substitute resolution. Vice Chairman Sanchez: It's been taken care of. Chairman Teele: And the substitute has been passed out. It's before us. Vice Chairman Sanchez: So move the substitute. Chairman Teele: All right. Commissioner Gonzalez: Second. Chairman Teele: In that vein, it's my understanding that there is two different dates. There is a mail drop date on January 23rd and a mail drop date on April 2nd. What's the difference and why? Mayor Manuel Diaz: Because according to our -- according to the IRS (Internal Revenue Service), the strongest -- and someone eluded to it earlier -- the strongest filing, the peak filing periods tend to happen at the beginning of February and at the end of -- before April 15th, at the end of tax season. Chairman Teele: But -- Mayor Diaz: So that's why those dates -- Chairman Teele: -- according to the literature, one group was Hispanic and one group was Black, different mail dates, is that correct, or do I have the wrong information? Mayor Diaz: No. Professor Diario Moreno: They're the same -- it's the same mailer, English, Spanish and Creole. They're just going -- one's going out on January, beginning of the tax season, and one's going at the end of January. Chairman Teele: So, it's the same mailer? Professor Moreno: It's the same mailer to all groups. City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: Are all the mailers -- I mean, let me just understand this. Can't we do bilingual mailers as opposed to trilingual mailers? It seems to me to be so -- can't we target the mailing bilingual into -- Mayor Diaz: Yes. We do. Chairman Teele: -- the Hispanic community and bilingual into the Creole community, as opposed to having three languages on one mailer? Mayor Diaz: No. Chairman Teele: Why is that? Mayor Diaz: No, no, we don't. We have -- right. We have English/Spanish, English/Creole. Chairman Teele: OK. That's what I was saying. OK. Good. Professor Moreno: There's three different pieces saying the same thing. Chairman Teele: So, there will be an English piece -- an English and Spanish piece. Professor Moreno: An English piece, a Spanish piece and a Creole piece. Francois Illas: Because we can target with the universes with the database we can get. We can target the English speakers only, and they'll be an English piece. They'll be an English/Spanish piece and they'll be an English/Creole piece. Chairman Teele: Well, that raises a problem. I just, you know -- I don't want to fight that battle. It just seems to me that we should never put out something that doesn't have at least an English subtitle to it, I mean, even if it goes out in Creole. Mr. Illas: It does. Chairman Teele: I mean, because let me tell you why. If you send something, for example, to an African American that's only Creole, and this person came from Georgia, and their mother came from Mississippi, and they never got any further north than Tallahassee, then that's not going to be well received. Mr. Illas: And you could always make your -- correct. You could always maker errors in the databases where you get a name that sounds, let's say, Spanish or even Haitian and that person - - like myself Francois, I'd most probably get something in Creole, but because you do it in two languages -- Chairman Teele: I can tell you this -- Vice Chairman Sanchez: But that goes all ways. Chairman Teele: For my purposes, I don't want to get into the Spanish issue. I really would appreciate if you all would look at the Creole and make sure that it's Creole and English. Mr. Illas: It is. That's the way they will go out. English and Creole, one piece. English and Spanish another piece, and then just an English piece to the ones that we've identified as Anglo caucasians. Chairman Teele: OK. All right. Well, that clarifies it. Is there further discussion on this item? City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Vice Chairman Sanchez: None. Call the question. Chairman Teele: Because they're making the same drop on two different -- same drops on two different days. OK. The same -- this mailer is the same mailer going out on two different days. That was the -- Mr. Illas: It's going out at the beginning of the season, and then at the end of the season, the only change would be the date to advise. The second mailer kind of says, "Look, April 15th is your last day to file." Chairman Teele: But it's basically going to the same target group? Mr. Illas: To the same universes, correct. Chairman Teele: Thank you. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Mayor Diaz: Thank you, Mr. Chairman. Chairman Teele: Thank you very much. Francois. DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 03-0390 DISCUSSION ITEM DISCUSSION CONCERNING MIAMI-DADE COUNTY'S PROPOSED ZONING ORDINANCE RELATED TO BUILDING IN "NO FLY ZONES" AND AIRPORT NOISE ABATEMENT. 03-0390- cover page.pdf MOTION A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and passed unanimously, with Commissioner Regalado absent, instructing the City Manager to bring back for Commission consideration, an agreement and proposed funding to engage the consultant that previously worked with the City on the airport/flight noise abatement issues in residential areas and Miami -Dade County's proposed zoning ordinance related to same. Chairman Teele: District Item Number 2, Commissioner Winton. Discussion concerning Miami Dade's no fly zone and noise abatement. Commissioner Winton: I don't know if the people that are -- well, Frank, you're going to lead this discussion? I don't care if we do it. This is -- by the way, this whole issue is going to impact Angel's district probably in many ways, more than mine, but our two districts are the two districts that are going to have, by a long shot, the most significant impact on this whole issue, City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 and it is not simple. Frank Rollason (Executive Director, CRA): Frank Rollason. I'm the administration's representative on the Noise Abatement Task Force. There are two issues that kind of go hand in hand with where we are with the noise abatement at the airport right now. One is the environmental assessment, which is the flight paths, and that has been finalized by the airport and by the task force that we have, and has been sent to Atlanta FAA (Federal Aviation Administration) for them to review and pass judgment on or send back, and that is the plan that was brought before this Commission back in January of last year. That's how long it's taken just to get from January of last year to October of this year, or last year to get that out from the airport to go. As you'll recall, there is some real immediate relief once those flight paths, especially the departure paths, which are the noisy ones, go into effect. The impact going west has caused an uproar in the area, and as a result of that, they have mounted their own campaign separately to derail what the group originally passed. In fact, originally, the Doral representative voted in favor of it, and then I guess got some heat back in the community, and then came back and withdrew their support, and the Doral community passed a resolution against it. That has been submitted to the FAA in Atlanta also. Commissioner Winton: And the principle point there is Doral doesn't want any of the flights going out there. They want them all coming over us. Hr. Rollason: Right. Now, one of the reliefs that we got was the FAA tower control here locally has agreed that as much as they can push west at night, they're going to push west at night, from 9 o' clock on, and that is what has brought Doral up in arms. One of the reliefs that could come for the Doral area is for the planes to continue to go west additional five miles, and the FAA is unwilling to -- before they start to make their turns. They head west; they'd be over the glades, they make their turns to go south and north, it would be over the Everglades and everybody would get some relief. However, the carriers are very much against that because of the tremendous amount of pounds offuel increase that that would take when they're under acceleration and making the turns. They are not allowed to make the height climbs until the first initial turn is made, for safety reasons, so therefore, making them continue to go west another five miles under that full throttle that they're under eats up a lot offuel and they're objecting to it, and the FAA says, from a safety standpoint, they don't have to go further west to make the turn, and so there's where that has hit. Commissioner Regalado: Frank, Frank. Hr. Rollason: Yes, sir. Commissioner Regalado: Just a note -- most of you remember that many, many years ago, I started with this complaint about the noise, and I sat in the board about six years ago, five years ago and the board didn't do nothing at all, at the airport. We used to meet like every week or something. You were there -- Hr. Rollason: Yes. Commissioner Regalado: -- sometime. The reason that we have not gotten so many complaints now from Silver Bluff the Vizcaya area, the Roads, Shenandoah, west Little Havana is because trade with south and central America has decreased, and we're not getting the same number of cargo planes in the early mornings of the day. Remember that most of the problem comes from the cargo planes coming after midnight, between midnight and 4 a.m., 5 a.m. I fried to figure out why the complaints have decreased, but it's because the number of flights have decreased. When trade gets better, they will come back and be, you know, a nuisance to all the residents. Hr. Rollason: Well, two of the things have happened with those -- with that particular -- with City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 the cargo people. One is, is that the initial flight paths that we have sent up in the EA, the FAA here is already starting to implement them on a trial basis so that the time frame, if the FAA buys into it, won't be so long to switch everything over, so they're trying these and seeing how that goes, and that's given us some relief and the other thing is that some of the cargo planes that are noisemakers have been phased out of the fleet and that has helped a fremendous amount. That's helped a fremendous amount. The other issue that's coming that we will begin discussing in the next meeting, which is January 28th, is the Part 150 Program, and that's the Sound Attenuation Program and the Insulation Program. That is what Commissioner Winton is referring to, that has a potential of having a fremendous impact on those communities that immediately surround the airport. Chairman Teele: Well, I thought that was a discussion item. The item that's before us now is a discussion on the proposed Zoning ordinance related to building in the no fly zone buildings. Mr. Rollason: Right. There were two issues, sir: The no fly zone and the noise. I was speaking to the noise, and I think the Manager was going to speak to the actual building. He's been involved in the meetings and met with the County. Chairman Teele: What is our goal today, Commissioner Winton, on this item? What would you like to see accomplished? Commissioner Winton: What I would like to see us do is, we're kind of running naked, ifyou will, and we need, at one point -- Chairman Teele: That's an ugly sight to visualize, especially if the Manager is leading the charge on it. Commissioner Winton: Yes, that's probably right. At one point, probably a year and a half ago, we had a consultant for a short period of time that understands all of this business backwards and forwards, and we needed him for a very specific purpose. That purpose ended, so we cut him loose. We need to bring that consultant back to represent our interest as it relates to this whole zoning noise issue, because I will tell you, quite clearly, that I've heard at least three different descriptions of what happens to these residential neighborhoods if we have to implement -- what's it's called, the 150 -- Rollason: The Part 150 Program. Commissioner Winton: Yeah, the Part 150 thing, so I don't know who to believe, and the last thing that I want to have happen is if the whole thing gets implemented, it gets dumped in our lap and everybody says, OK, City, you're -- here's what you get to do, or Feds, here's what we're going to do to you in your community, and then we're dead, so I want to bring that consultant in and instruct the Manager to bring a consultant agreement before us that we can approve, including the money, so you bring the agreement and the money to the table so that we can get appropriate representation to deal with an issue that is going to come down on us from the top. This is not a local issue. This is a Fed issue, and it's going to be imposed on us, and we need protection against that imposition, ifyou will, so that's my objective today. Chairman Teele: That's a motion. The motion is to authorize the Manager and to come back with the funding sources, et cetera. Moved by Commissioner Winton. Seconded by Commissioner Sanchez. Is there further discussion? Is there further objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Don't leave, Frank. City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 03-0355 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, CREATING AN OVERSIGHT COMMITTEE FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES; AND PROVIDING FOR A DISSOLUTION DATE. Motion by Vice Chairman 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-04-0015 Direction to the City Clerk: by Vice Chairman Sanchez to schedule for the next Commission Meeting, board appointments to the Oversight Committee for the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies (CRA). [Clerk scheduled appointments to committee on the January 22, 2004 agenda.] Chairman Teele: Item from Commissioner Sanchez -- Vice Chairman Sanchez, D3.1. Vice Chairman Sanchez: Thank you, Mr. Chairman. Chairman Teele: And I was not aware, but I commend you, congratulate you as Vice Chairman of the Commission. Creation of the Oversight Board. Vice Chairman Sanchez: Yes, sir. You have been provided a copy of this resolution. It's a resolution of the Miami City Commission, creating an Oversight Committee for the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies. As you state, the Agency, in the past, has clearly shown a lack of fiscal accountability and integrity. I don't want to get into the facts, but I think that it's in the best interest of the CRA (Community Redevelopment Agency), and especially us, the Commissioners here, to create this oversight board, which will monitor and evaluate the efficiency of its existing practices. Of course, we all want to make sure that adequate transparency and appropriate accountability is at the CRA, so I believe that in best faith of the CRA and the residents in the community that they serve, this is a step in the right direction. We have healthily debated it at the CRA. It passed unanimously, and I seek the support of the Commission to establish -- Chairman Teele: Is there a motion? Vice Chairman Sanchez: Yes, sir. So move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? You have another item. Vice Chairman Sanchez: Mr. Chairman, I would ask the City Clerk, at the next Commission City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 meeting, if we could have the appointees. I know that, as in all boards or advisory boards, it is the individuals who make up that board that provide the success of that board, and I please ask that under the appointments that we make, that we provide the appropriate leadership -- Chairman Teele: Clerk is so directed. Vice Chairman Sanchez: -- to make -- you know, make the appropriate appointees. Also, as it states, it is five appointees, one by each Commission and two by the Mayor. I have been contacted by some residents that would like to have two appointees from the community, but that will be open up for debate. I think it's appropriate that we debate that, if you want to do it or not . So I'll -- Commissioner Winton: I don't have a problem with this process right here, so -- Vice Chairman Sanchez: You don't have a problem with this process right here? Commissioner Winton: No. Vice Chairman Sanchez: I'm OK with it, but I think there was some input from the community. They wanted to have some type of representation in this board, but then again, I mean, either the Commission could appoint somebody from the community, which I think is the appropriate thing to do, or the Mayor, with his two appointees, could appoint someone from the community to participate in the advisory board. Chairman Teele: Well, I think there are three or four principals -- there are three or four conflicting principals at stake here. You have these qualifications -- a lot of discussion on qualifications, then you have three different regions -- three different sub -areas, and just keep in mind, you know, that there are three different sub -areas. You have the Omni, you have Park West, and you have Overtown, so, this could get very, very -- Vice Chairman Sanchez: Point well taken, sir, so we'll just leave it as it is then. Chairman Teele: All right. Chairman Teele: Now, Mr. Attorney, Mr. Attorney. Alejandro Vilarello (City Attorney): Yes, sir. Chairman Teele: What is the item that the Budget Director talked to me about? Mr. Vilarello: It would be a second reading item. Chairman Teele: Let me tell you what my confusion is. I have an agenda here that says Public Hearing PH4. Oh, this was an earlier - this was earlier. OK. It got changed. OK, all right. All right, Mr. - Priscilla A. Thompson (City Clerk): Delroy Bryan. Chairman Teele: All right. Mr. Bryan, yes, sir. Welcome. Delroy Bryan: Good morning, Mr. Chairman, Commissioners. My name is Del Bryan, 201 Northwest 7th Street, Miami, 33136. I'm also a member of the Overtown Advisory Board, and currently Vice Chair. The item I wish to speak on was the D3030355. I know you had a discussion, but on the public hearing, I'd certainly like to express some thoughts that we have on City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 i t. Commissioner Winton: What item is that? Chairman Teele: This is the item regarding the Oversight Board of the - Commissioner Winton: OK, OK Chairman Teele: All right. You're recognized for two minutes. Go right ahead. Mr. Bryan: Thank you, sir. I think it's important to involve the community in this process. There's a lot of misunderstandings, a lot of misinformation out in the community, and one of the ways, if we're going to regain confidence in the entire concept of the CRA (Community Redevelopment Agency) and the advisory boards which are created from the CRA - I don't have any of that legal stuff with me. You can ask the City Attorney to look at it. I think it just makes every sense that persons from the community or perhaps specifically from the advisory board, whether that be - it falls to the chairperson or the chairperson's representative be part of this process. I think with all the bad publicity that the agency has had and everything else that goes with it, to exclude the community will not bring full legitimacy to the project. We would think that that should be a consideration. Although you passed the item, I'm sure there's some way the City Attorney can - and advice from the City Attorney to help to readdress that. Commissioner Winton: Why are you assuming that the community is going to be excluded in the nomination process? How did you come to that conclusion? Mr. Bryan: Well, there are five board - there are five Commissioners, each appointing a member. Commissioner Winton: Right. Mr. Bryan: And which - you know, if that does not include persons from the community - and I am not aware of who the nominees are, but before - Commissioner Winton: Nor are we yet. Mr. Bryan: Sure, but before we get through to process, since we do believe it should include experts in different areas, but along with the experts in the different areas, since the CRA has a district that the community that is also linked to, it's a cause and effect. You know, without the community the CRA wouldn't exist. Commissioner Winton: Right. Mr. Bryan: And I think there should be some direct, specific persons on that committee to represent the community, in addition to - you know, and I'm perfectly aware, and I think preference should be for first experts - accountants, engineers, whatever skill sets - that each Commissioner will appoint. Commissioner Winton: What is your profession again? Mr. Bryan: I'm in financial services. Commissioner Winton: In accounting? Mr. Bryan: In the City. City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 D3.2 03-0389 Commissioner Winton: I'm sorry? Mr. Bryan: Well, throughout the area. Commissioner Winton: No, but what specific financial services? Mr. Bryan: No, I'm not, I'm not an accountant, or I don't know that I have any specific skills with which to bring to that. I'm not here to speak for me. I'm here to speak about a concept of inclusion. It's not about me or any specific person. Commissioner Winton: OK. Chairman Teele: All right, thank you very much. Mr. Bryan: Thank you. DISCUSSION ITEM DISCUSSION CONCERNING A RESOLUTION DIRECTING THE DIRECTOR OF SPECIAL EVENTS TO ALLOCATE $4,000 OF THE $20, 000 SET ASIDE FOR DISTRICT 3 EVENTS TO SUPPORT THE EASTER SEALS 16TH ANNUAL FESTIVAL OF CHEFS TO BE HELD IN THE CITY OF MIAMI IN MARCH 2004. 03-0389- email.pdf DISCUSSED The below stated resolution is related to File I.D. 03-0389. 03-0389a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE ALLOCATION OF $4,000 OF THE $20,000 SET ASIDE FOR DISTRICT 3 EVENTS TO SUPPORT THE EASTER SEALS 16TH ANNUAL FESTIVAL OF CHEFS TO BE HELD IN THE CITY OF MIAMI IN MARCH 2004; ALLOCATING FUNDS FROM THE SPECIAL EVENTS/FESTIVALS ACCOUNT CODE NO. 001000.921054.6.2889. Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-04-0029 Chairman Teele: D3.2. Vice Chairman Sanchez: D3.2 is discussion concerning a resolution directing the Director of Special Events to allocate four thousand dollars to the Easter Seals 16th Annual Festival of Chefs, to be held in the City ofMiami. However, I want to amend that because, basically, Easter Seals is a great organization, but I don't feel that the funds should be coming out of my disfrict when most of the agency City provides services mostly in the Commissioner Teele's district and Regalado's disfrict, and also it is homed atAllapattah, which is Angel Gonzalez' district, and, of City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 course, the event is going to be held at Winton's district, so it's six -- it's four thousand dollars, and I would -- I am prepared to amend this resolution to put six hundred dollars out of my special event account and, hopefully, will ask that each Commissioner will allocate the six hundred dollars to make the four thousand dollars or as close by so we can make this event a reality. Commissioner Regalado: And what is this? What is this we're talking about? Vice Chairman Sanchez: This is the Easter Seals 16th Annual Festival of Chefs, to be held in the City ofMiami, March 2004. Chairman Teele: Why don't we do this? Why don't we defer this item and ask the Budget Director to come back with a recommendation before the end of the meeting, and let me tell you. I have a concern about starting that as a precedent, because the minute somebody says no, then you're going to have a year of people feeling upset, et cetera, and I know that one of my colleagues is liable not to do it, and I think rather than doing -- because, I mean, you know, we have a lot of events. We have a reserve. We have a general fund reserve and, you know, I don't want to start the precedent of dipping into that, but at the same time, I think there are some events -- Mr. Director, are you contagious today or are you -- Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Good morning. Larry Spring. Vice Chairman Sanchez: Mr. Chairman, if we could have the administration identify the funding source for this event and come back with a recommendation. Also, we have Michelle Spencer. Commissioner Winton: "If' they have one? Vice Chairman Sanchez: If they have it. Commissioner Winton: I'm not encouraging any special -- you know, we've got to go -- because we've been through the process. We've spent the money, as far as I know. I think we've spent the money, and now then we're going to make a special exception, and then we're going to have about 800 other special exceptions thatl don't want to be dealing with for the rest of this year. Vice Chairman Sanchez: I didn't want to open that door, you know. Commissioner Winton: Well, I want to shut it fast. Chairman Teele: Mr. Budget Director. Mr. Spring: Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Without opening the door, Commissioner Sanchez, you do have a twenty thousand dollar special events allocation that you can spend from directly, so if you want to take it from there, we can. Each of you do. Chairman Teele: That's on the agenda. He knows that. Mr. Spring: OK. Vice Chairman Sanchez: I know that. You don't have to tell me. Chairman Teele: Unless you're giving him another twenty thousand dollars. City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Vice Chairman Sanchez: But here's my argument. That -- you know, there's two sides to every coin. There's two sides to every mountain, so I'm prepared to make mine. Most of the services, you know, is not provided in my disfrict. Commissioner Winton: Well, I think they've got six hundred dollars so far. Vice Chairman Sanchez: You know, so -- Commissioner Winton: I'll second your motion, six hundred bucks they've got so far. Vice Chairman Sanchez: Oh, you're willing to give 600? Commissioner Winton: No. They got your six hundred bucks. Commissioner Regalado: I just wanted to -- Joe, I just wanted to understand the service that they provide in each district. I do not have a problem at all on your proposal. Vice Chairman Sanchez: You're prepared to give six hundred dollars out of your special event? Commissioner Regalado: Yes. Vice Chairman Sanchez: OK. Commissioner Regalado: But I need to know what kind of services they offer in District 4. That's all I want to know. Chairman Teele: I'm willing to offer six hundred dollars, provided that -- what's the shortfall for the Martin Luther King Parade, security? Isn't it six, seven thousand dollars? Commissioner Winton: Is it? OK Michelle Spence: I'm not really sure we -- Michelle Spence, Special Events. We can check that number. I know that was -- Dr. Preston Marshal needed some additional services for barricades . I don't know if that was handled, as of yet. Chairman Teele: Well, I mean -- what I'm saying is this, is that there's a whole special events that are citywide, and I'm aware of the Martin Luther King -- the cost of the security -- not the barricades but the security that we've always provided, the Police Department has provided, and see the problem with these events is, ifI have to use the money -- you know, but the fact is, everybody's going to be in the parade. I mean, you know, people from all over will come be in the parade, so I think we're starting a very dangerous precedent, but I don't have any problem helping with the six hundred dollars, but I'm going to be asking, at the end of the day, for the same thing on Martin Luther King Parade. I think we ought to defer this until the end of the day, and see where we -- Vice Chairman Sanchez: No. I'll go ahead and amend my motion. I'll go ahead and move the original motion, which is to allocate four thousand dollars out of my disfrict special event fund. So moved. Commissioner Winton: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. DISTRICT 4 City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 COMMISSIONER TOMAS REGALADO D4.1 03-0332 DISCUSSION ITEM PRESENTATION BY THE CITY OF MIAMI COMMUNITY RELATIONS BOARD. cover memo.pdf 03-0332 CRB report - 2.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Gonzalez absent, to DEFER item D4.1 to the Commission Meeting currently scheduled for January 22, 2004. Chairman Teele: Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. On Item D4.1, we need to defer this to the 22nd. The chairperson of the Community Relations Board -- Chairman Teele: Moved by Commissioner Regalado. Commissioner Winton: Second. Chairman Teele: Second by Commissioner Sanchez. All those in favor, say "aye." The Commission (Collectively): Aye. D4.2 03-0356 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $10,000, IN SUPPORT OF THE MIAMI HISPANIC BALLET FOR THE IX INTERNATIONAL BALLET FESTIVAL OF 2004; ALLOCATING FUNDS FROM DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-04-0017 Commissioner Regalado: OK Here we go. D4.2, it's a resolution of the Miami City Commission authorizing the allocation of funds in an amount not to exceed ten thousand dollars from District 4 Special Event Fund Account Code in support of the Miami Hispanic Ballet for the 9th International Ballet Festival, to be held in the City ofMiami in 2004. This is, of course, ten thousand dollars out of the twenty thousand dollars remaining in the Special Event. Chairman Teele: Is there a second? Second by Commissioner Winton. City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Winton: Yes. Chairman Teele: Is there objection? Commissioner Winton: No. Chairman Teele: Let's be clear on how these -- is this a departmental or nondepartmental account? I'm very confused. Larry Spring (Chief of Strategic Planning, Budgeting & Performance): It's a nondepartmental account, sir. Chairman Teele: OK. Who's managing these nondepartmental accounts? Ms. Spring: That account will be -- an accounting is kept by my department. As the funds are spent, we change -- we update a report every month. Chairman Teele: OK. Is there a budget analyst that is responsible for these accounts? Mr. Spring: Yes. Commissioner Winton: Making sure that we don't -- like I -- Mr. Spring: Overspend. Commissioner Winton: -- don't spend 30 instead of 20. Mr. Spring: Absolutely. Chairman Teele: I mean, this stuff needs to be very transparent and very clear, because Commissioner Sanchez' motion, Mr. Attorney, made reference to a department, and I thought the money was in a department. That's why I'm asking, is it in a department or a nondepartmental account? Mr. Spring: It is in a nondepartmental -- Chairman Teele: It's in a nondepartmental account. Mr. Spring: It's in a nondepartmental account. Chairman Teele: So, Mr. Attorney, that resolution is drafted inappropriately, in that particular case, in that particular case. Is there a budget analyst that has this? Mr. Spring: Yes, there is a budget analyst. Chairman Teele: Who is that? Mr. Spring: Her name is Adine Chirino. Chairman Teele: Who? Mr. Spring: Adine Chirino. Chairman Teele: Well, she needs to make sure that she gets the information out, because we don't want to go over, and see, when somebody starts doing what Commissioner Regalado just City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 D4.3 03-0382 did, "not to exceed", he didn't really do an amount, see. Mr. Spring: Absolutely. Chairman Teele: So, we want to make sure that everybody gets protected on this thing. Mr. Spring: What we can -- Chairman Teele: It's obviously not to exceed 10,000. Commissioner Regalado: Well, I just want to be clear, so it would be 10,000 out of the twenty thousand dollars. Chairman Teele: OK, so it's 10,000. If they don't use it, then he'll have a balance in that. Mr. Spring: Correct, and what we can do is, we can provide an update report once a month or after each Commission meeting, if you like, to reconcile from what was appropriated to what was Chairman Teele: Once a month is fine. Commissioner Winton: Yeah, once a month is fine. Mr. Spring: OK. Once a month is fine. Chairman Teele: OK. We have a motion and a second regarding a ten thousand dollar expenditure from Disfrict 4. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? DISCUSSION ITEM A PRESENTATION FROM THE RESIDENTS OF SOUTHWEST 16TH TERRACE. 03-0382- memo.pdf 03-0382 - submission photos.pdf Direction to the City Manager: by Chairman Teele to schedule in February or March, an update on the CIP projects that are being completed and funded out of the $255 general obligation bond. Commissioner Regalado: Mr. Chairman, I have, on the Disfrict 4 page, another item, but I do have something that the Commission directed me to do, and it's past 11. I was wondering ifI can include -- Chairman Teele: If you would just hold up, and we get Commissioner Gonzalez back -- I think we ought to have all five Commissioners. Commissioner Regalado: Yeah. I'll do the other page. This is a presentation from the resident of Southwest 16th Terrace, and Southwest 16th Terrace -- Chairman Teele: Why don't you take those two up now? City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Regalado: OK We have a full Commission, and we will do the 16th Terrace in just one second. Commissioner Regalado: I have another and the last item on the District 4 page. Chairman Teele: All right. Following that, we're going to go back and approve the minutes and take up the personal item -- personal appearances. Commissioner Regalado: OK. Mr. Chairman, the last item is a presentation from the residents of Southwest 16th Terrace. Southwest 16th Terrace is in District 4. It is - when we decide on the priorities, after the approval by the voters in 201 - in 2001 of the bond issue, I chose as the first priority the repair of 16th Terrace. It's a street that should not be like that in the City ofMiami. It is not what we hope for the City. It's been many months since the residents were told that the street would be repaired. Now, I think that there is movement in the way. The Manager and the Mayor went by 16th Terrace last week, and they saw what I've been seeing every day, because, by the way, I use that street to go to my work every day since I live only four blocks away, and the residents wanted to come here and ask why the delay. I am happy to report that on the 22nd, we have an item for a contract to be approved regarding 16th Terrace, but I think that the Manager has something to say, butt would ask you -- First of all, I thank you for coming. Your - you know, your decision to come here last meeting and this meeting, it's important, because it shows to the members of the Commission, and the Manager and the Mayor that the residents really want and need the repair, so if you'd please go ahead, sir. Luis Cedre: My name is Luis Cedre. I live at 2430 Southwest 16th Terrace. I brought my nephews, Michael and Aaron, so that they can see how our government works, our local government. (UNINTELLIGIBLE COMMENT) Mr. Cedre: Oh, OK. Again, my name is Luis Cedre. I live at 2430 Southwest 16th Terrace. I brought my nephews, Michael and Aaron Perez, so that they can see how our local government works. Chairman Teele: Well, why don't you let them introduce themselves, please. Aaron Perez: Hi. My name is Aaron Perez. Southwest 13th Street. Commissioner Winton: Hi, Aaron. Mr. A. Perez: 1880. Commissioner Winton: Glad to have you. Chairman Teele: What school do you go to? Mr. A. Perez: (UNINTELLIGIBLE) Catholic School. Chairman Teele: OK. What's your teacher's name? Mr. A. Perez: Ms. Cortez. Chairman Teele: All right. She's going to be watching you and - Mr. A. Perez: I know. City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: And? Michael Perez: My name is Michael Perez. I go to the same school as my little brother, ( UNINTELLIGIBLE). My teacher is Ms. Flores, and we - and live with him also in Southwest 13th Street, 1885. Chairman Teele: Thank you. Commissioner Winton: Mr. -I mean Commissioner. Chairman Teele: Yes, sir. Commissioner Winton: Couldl interrupt you with one thing? This is a technical issue. Mr. Manager, see when I do this? Noise. Every time they move that damn thing - brand new. Can we get that fixed? Commissioner Regalado: I don't think you can fix it. That's the way it is. You do that in the radio station and it sounds, too. Joe Arriola (City Manager): I will make sure that - Commissioner Regalado: I mean, I can blame the Manager for many things, but - Mr. Arriola: "Sin verguenza." You know, I'm looking at him, and I said, I can't believe he's saying this to me, but will bring some WD-40, sir, and I will take care of it. Commissioner Winton: Somebody on your staff knows how to fix that damned thing, and my chair thatl can't lean back. Commissioner Regalado: Go ahead. Mr. Cedre: I've brought you approximately six pictures so you guys can see what was promised, which was the first picture of what our sfreet should look like. The street is about two blocks away from my house, and I get the pleasure of seeing it every day, on the drive to my house, and my street, which is on the second and third pictures or fourth pictures. My home, as you can see, is on the second picture, and we keep it up very nicely. We try and do what we can. The third picture will show the frash that is laid on my house, right in front of my house every weekend. Thursday comes, they pick up the big chunk of trash. Thursday evening, there's a brand new pile, so I get to see that pleasure every day of the week. My street, you can see is on the fourth and fifth picture, and the sixth picture, you'll see how lovely your names are now for a year since that sign has been put up. Commissioner Regalado: Mr. Manager, I -- first of all, I'd like to thank you, because you took time to see 16th Terrace, and we had several issues there, but unfortunately, someone complicated the issues there, and it's been - it's been too long. It's been too long since we promised that we were going to fix that street, so I was wondering if you have any timetable. Jorge Cano: Good morning. Jorge Cano, Director of Capital Improvements. This, indeed, is a project that has required attention. The project - the scope of the project is the reconstruction of the street on 16th Terrace, from 24th to 29th Avenue, and it involves - it involves changing the profile of the sfreet, adding sidewalks, curb and gutters, and seeking the dedications of ten feet where the property owners have not dedicated the properties in order so we can complete the full profile of the project. The bid was - the project was advertised on September 16th. The design, City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 of course, has been completed and we have received the bids. The bid award was approved by the Commission on 10/23, October 23, and at the next Commission meeting, we are bringing forth the contract for approval. We expect construction to start within two weeks. Vice Chairman Sanchez: What better service can you get than that? What better service can you get than that, that the Director of CIP (Capital Improvements Program) is telling you that within about two weeks from the next Commission meeting, the project is going to start? Mr. Cano: I have to say I lived - I grew up two blocks from that street, so I'm very familiar with it. I used to ride my bike in that street, and one of the things that we recommend, Commissioner, is having a neighborhood meeting to address the scope of the project. Commissioner Regalado: No, no more neighborhood meetings. Mr. Cano: Well, there's one thing that is very critical. Commissioner Regalado: No, not until we start breaking the street. Mr. Cano: No, we will, but there's an aspect that is very important to the project, and that is the dedication. Commissioner Regalado: Look, here is the thing. Here is the thing. I cannot buy fruits and vegetables from a vendor that parks sometimes around two or three blocks from 16th Terrace and from my home, nor I can go to the gas station, which is about two blocks, because every time that I see - I'm there, I see a neighbor from 16th Terrace, says when are you politicians are going to do what you say? Dah, dah, so I would really like to go back to the businesses where I see residents of 16th Terrace, so when you start breaking the street, like really breaking the street, we will have a community meeting. Chairman Teele: Great idea. Mr. Cano: We will have that ground -breaking, Commissioner. The point I was going to is that there's about 14 property owners that we require dedications, and we wanted to communicate to them how easy the City is going to collaborate with them so that that dedication -- Commissioner Regalado: No, I think it was decided already then. Mr. Arriola: Yeah. Jorge, just let it go. Mr. Cano: OK, all right. Chairman Teele: All right. Vice Chairman Sanchez: Mr. Ordonez - Commissioner Gonzalez: Excuse me. Vice Chairman Sanchez: Mr. Chairman, I just have one question since we're on the curbing issue, and let me just - Jorge, I'm ecstatic with what you're doing with he curbing, especially in my disfrict, but we do have a little problem that we have to address, and I was talking to Alicia in Public Works. When we do these curbings - and I - unfortunately, they didn't make the mistake they made in your disfrict where they didn't put the ADA (Americans with Disabilities Act). Mine are being done, because they learned from their mistakes in your district, but when you do any type of improvements - and this gentleman is two blocks away from where most of the project City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 is being done, but once you start curbing in an area, and you put curbing on one side, and for whatever reasons, you don't put curbing on the other side, that creates a problem, and at the end of the day, we're the ones that get the complaint. I'm addressing it with Alicia. I know that we're going to take care of it, but we need to somehow re-evaluate this, so when we do put out this work order, everything is done. You know, if you're going to do a block, do the entire block, because then what happens is you get the neighbor coming out, and, you know, the curb on the other side looks great, but I don't have one. Why don'tI have one? And those are the things that I get the calls here, and then I have to call the City Manager, and so we need to re-evaluate that, so when we go in and we do a phase, we do the entire phase, so we don't get those complaints. Thank you. Commissioner Gonzalez: Mr. Cano and Alicia, both of you, day before yesterday, I was promised by both of you, at least by the next morning - today is Thursday. When - are you still working on your list, or is it ready? You need a copy machine? If you need a copy machine, maybe you can go by my office and - whatever. Mr. Cano: We have the list with us. Juan Ordonez: This morning, it was handed to your assistant, Frank Castaneda. Commissioner Winton: I can't hear you. Commissioner Gonzalez: This morning? Mr. Ordonez: Yes, sir. Commissioner Gonzalez: It was handed to my staff? Mr. Ordonez: Yes, sir. Commissioner Gonzalez: Both lists or - Mr. Ordonez: Yes, sir. Well, the one for the Broadway rehabilitation project from FEMA ( Federal Emergency Management Agency). Alicia Cuervo Schreiber: And the resurfacing list, you'll have this afternoon. Commissioner Gonzalez: We'll have it this afternoon? Ms. Cuervo Schreiber: Yes. You have the preliminary list, and you'll have the final by this afternoon. Commissioner Gonzalez: OK, thank you. Chairman Teele: Let me tell you what we need. We need an update. You know, we talked about this in November, having an update on this capital improvement, and all we hear is, coming soon, going to be here, and, you know, the real question is, how much money have we outlaid, and how much money are we outlaying each month against this two -fifty-five? Before you say anything, let's thank the two young men who have taken time from their school to join us, and we hope that we'll see some positive action within the next few days. Mr. Cedre: Thank you for having us. Commissioner Winton: Thank you. City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: Mr. Manager, thank you for giving the men - these two young men a memento, on behalf of my colleague, Commissioner Regalado, who noted it, thought it was very nice. Yes, ma'am. Ms. Cuervo Schreiber: Good morning, Commissioners. Alicia Cuervo Schreiber, Chief of Operations. Commissioners, as a result of all the piggybacks you've seen in the program management approach that we've been taking, and the aggressive lead that we're pushing forward with the CIP plan, we will be having monthly production meetings that you and your staffs will be invited to, where you can see each project and our commitments to those projects, where you can even grade us, if you need be. They will be tied to calendars, and they will have various effective production dates and construction dates. On top of that, you will be issued -- not a 50-page report -- a very simplistic report on where each project is at, because that has been a comment that has come back to us. We intend to give a monthly report to the Commission if you would like to hear it on the CIP plan. Chairman Teele: Well, why don't we schedule a report, say, in February or March, and we can build up to it and go that way. Ms. Cuervo Schreiber: Great. Thank you. Chairman Teele: If it's started. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 PUBLIC HEARING PH.1 03-0270 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT COMPETITIVE BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ACQUISITION OF SURETY/ EXTENDED WARRANTY SUPPORT SERVICES FOR THE CITY OF MIAMI'S NX5800 CLEARPATH SYSTEM, FROM UNISYS CORPORATION ("UNISYS") FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH UNISYS, FOR SAID SERVICES, FOR A TWO- YEAR PERIOD, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $388, 497; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.460101. 6.670, SUBJECT TO BUDGETARY APPROVAL. 03-0270- cover memo.pdf 03-0270- budgetary impact analysis.pdf 03-0270- memos from ITD.pdf 03-0270- public notice.pdf 03-0270- legislation.pdf 03-0270- exhibit 1- service agreement.pdf 03-0270- exhibit 2- support service addendum.pdf 03-0270- exhibit 3- support services schedule.pdf 03-0270- exhibit 4- insurance requirements.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, to DEFER item PH.1 to the next Commission Meeting. PH.2 03-0271 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT COMPETITIVE BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ACQUISITION OF SURETY/ EXTENDED WARRANTY SUPPORT SERVICES FOR THE CITY OF MIAMI'S CLU6000 TAPE BACKUP SYSTEM FROM UNISYS CORPORATION ("UNISYS"), FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 SUBSTANTIALLY THE ATTACHED FORM, WITH UNISYS, FOR A TWO- YEAR PERIOD, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE-YEAR PERIOD, AT AN ANNUAL AMOUNT NOT TO EXCEED $110, 671; ALLOCATING FUNDS FROM ACCOUNT CODE 001000.460101.6.670 , SUBJECT TO BUDGETARY APPROVAL. 03-0271- cover memo.pdf 03-0271- budgetary impact analysis.pdf 03-0271- memos from ITD.pdf 03-0271- public notice.pdf 03-0271- legislation.pdf 03-0271- exhibit 1- service agreement.pdf 03-0271- exhibit 2- support services addendum.pdf 03-0271- exhibit 3- support services schedule.pdf 03-0271- exhibit 4- insurance requirements.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, to DEFER item PH.2 to the next Commission Meeting. Chairman Teele: Are there any personal appearances, Mr. Attorney? Alejandro Vilarello (City Attorney): I believe not, but there's two public hearings that - Chairman Teele: All right. Mr. Stuart - Mr. Vilarello: - the the Manager would request be deferred to the next meeting; the public hearing Items PH.l and PH.2. Chairman Teele: Motion to defer PKI and PH.2. It's made by Commissioner Gonzalez. Is there a second? Vice Chairman Sanchez: Second. Commissioner Winton: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." PH.3 03-0333 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "RIVER RUN SOUTH," A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN CITY CODE SECTION 55-8, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 03-0333- cover memo.pdf 03-0333- budgetary impact analysis.pdf 03-0333- legal description.pdf 03-0333- report of proposed plat.pdf 03-0333- legal description 2.pdf 03-0333- public notice memo.pdf 03-0333- public notice .pdf 03-0333- public notice memo- NET 03-0333- public notice- NET 03-0333- exhibit 1- legal description.pdf 03-0333- exhibit 2- letter from Public Works.pdf Motion by Commissioner Winton, 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-04-0020 Chairman Teele: PH.3 is a plat acceptance. Commissioner Winton: So move. Chairman Teele: Moved by Commissioner Winton. Vice Chairman Sanchez: It's a public hearing. Chairman Teele: Second by Commissioner Gonzalez. This is a public hearing. Any person desiring to be heard should come forth at this time. There are no persons coming forth. The item - the public hearing is closed. Madam - Mr. Attorney, you don't read this one, do you? Madam Attorney - it's a resolution? Madam Clerk, call the roll - no - all those in favor, say "aye The Commission (Collectively): Aye. Chairman Teele: All opposed? PH.4 03-0334 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "BRICKELL WEST THREE," A REPLAT AND A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS OF THE PLAT AND STREET COMMITTEE, SET FORTH IN "EXHIBIT A," AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 03-0334- cover memo.pdf 03-0334- budgetary impact analysis.pdf 03-0334- report of proposed plat.pdf 03-0334- legal description.pdf 03-0334- public notice memo.pdf 03-0334- public notice.pdf 03-0334- public notice memo- NET 03-0334- public notice -NET 03-0334- exhibit 1- legal description.pdf 03-0334- exhibit 2- letter from Public Works.pdf Motion by Commissioner Winton, 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-04-0021 Chairman Teele: PH4 is a plat acceptance ofBrickell West Commissioner Winton: So move. Chairman Teele: Moved by Commissioner Winton. Seconded? Vice Chairman Sanchez: Public hearing. Chairman Teele: Public hearing Item Number 4 is a plat, right? I have - Commissioner Winton: Accepting a plat. Chairman Teele: OK, accepting a plat. We have a motion, a second. We've had a public hearing. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed, say "no." 3:00 P.M. PH.5 03-0371 DISCUSSION ITEM DISCUSSION CONCERNING A ONE-YEAR RENT MORATORIUM FOR QUALIFIED TENANTS OF THE MANUEL ARTIME BUILDING. 03-0371- cover memo.pdf 03-0371- public notice.pdf MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed, with Commissioner Winton and Chairman Teele voting "No", to accept the recommendation of the Community Development Department to grant a one-year rent moratorium for the following agencies: Accion Community Center, Catholic Charities of Archdiocese Counciling Program, Catholic Charities ofArchdiocese Day Care Program, Catholic Charities Early Childhood Program, Josefa Castano Kidney Foundation and Lions Home for the Blind and further transferring $100, 000 to Manuel Artime to do capital improvements. City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: In that the distinguished architect of this afternoon agenda is present, we can proceed with the special order for Commissioner Regalado. What do we have, two items? The Marti and we deferred something this morning so that he could be here. Vice Chairman Sanchez: Not the Marti, the - yeah, the Artime, not the Marti, the Artime. Chairman Teele: Martinez (sic), and what was the other item we deferred this morning for him? Alejandro Vilarello (City Attorney): RE.1, the solid waste -- Chairman Teele: No, we also - Vice Chairman Sanchez: The FR.1. Chairman Teele: We also pulled off the credit report. Priscilla A. Thompson (City Clerk): SR.4, SR.4 and FR.1. Chairman Teele: SR.4, so SR.4, which is the credit report, first reading, and that's for the use of municipal facilities, as well as - Ms. Thompson: SR.4 is your - Chairman Teele: SR - Ms. Thompson: -- investigation of the applicants, and FR.1, your anti -deficiency. Chairman Teele: We pulled that, also, so that he could be here for that, and also, we have the solid waste issue, and then - all right. It's our intent to begin at 3:30 regarding the Marlins Stadium, as advertised, and I hope somebody - Larry, would you make sure that the Manager and Mayor are queued up, and if there's going to be a delay, let us know, so we're not charged for that, please, Mr. Director. This is a public hearing for - advertised for 3 p.m. Madam Director, you're recognized. Happy New Year to you. Barbara Rodriguez (Director, Community Development): Hello? OK. On December 18th, the City Commission instructed the administration to review all of the tenants again at the Manuel Artime and decide if there could be additional additions or recommendations to the one year moratorium. We have done that again. All of you have been supplied with a memo which basically we still did not get the information from the additional tenants from the prior meetings. We are still recommending the same agencies as before, and basically, what Community Development is doing is transferring a hundred thousand dollars of Community Development Block Grant to the Manuel Artime Building, and I'll answer any questions that you might have. Chairman Teele: All right. Is this a public hearing? Ms. Rodriguez: Yes, it is. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward at this time. There are no persons coming forward. The public hearing is closed. Commissioner, I think we know what the issues are here. Commissioner Regalado, you had exercised your authority, so how would you like to see us proceed? Commissioner Regalado: I don't have any questions. I just think that the Commission should accept the report, but I think the report should be inclusive. I don't think that we should leave City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 anybody out, because this - this is a matter that was a consequence of the deep cuts in public service dollars. I guess that we need this year to work with you, Barbara, to see what else can we do. Of course, this is not every year, but this is sort of an emergency. I - in an emergency, you help everybody, and this was an emergency, because of the huge cuts that many of these agencies received. All of these agencies received cuts, there is no question. There are two - there are two that have been there for like 25 years, and they have a historic rent structure, so - but l - Mr. Chairman, I don't - I don't have any problems. I would ask the City Commission to approve what the administration had proposed, and to include everybody that was contacted, whether or not they provided everything that was requested, but the thing is that they need to serve the community, which all of them do. That's it. Chairman Teele: Ms. Rodriguez, your memo, which I have lists the organizations that are not recommended, but it doesn't list what the annual rent would be. It does say what the annual rent is for everybody else. I just need to understand what we're talking about from a - Ms. Rodriguez: I have them. OK. Art Deco has a thousand, six hundred dollars rent a year, a thousand, two hundred - one, two, three, four - eight thousand, one hundred and thirty-seven dollars. Chairman Teele: For who? Ms. Rodriguez: For the ones not being recommended. Chairman Teele: All of them combined? Ms. Rodriguez: Yes. Chairman Teele: So this is about eight thousand dollars? Ms. Rodriguez: Eight thousand dollars annual. However, on Camille Merilus, there's five thousand, seven hundred and five dollars that are past due since last year February, and Camille Merilus right now is not included in that eight thousand, so you're talking an additional six thousand - you're talking fourteen thousand dollars for all agencies. Chairman Teele: Why this - why would one agency have six thousand dollars in rent and the other six combined only add up to eight thousand? Ms. Rodriguez: Camille Merilus right now has a thousand square foot, has the largest square footage. Commissioner Regalado: No, that's not it. I think - see, there are some historical rent structures here. For instance, the Journalist Association had been there for more than 25, maybe - Ms. Rodriguez: Yeah. They have a two dollar square footage. Commissioner Regalado: Exactly. Ms. Rodriguez: Yeah. But Camille Merilus has the same thing as the Catholic Charities and the Accion, you know. Those are six - basically, he has six dollar and fifty-eight cents per square footage. Commissioner Regalado: See, this is the thing. This is what I'm talking about, see? That's why I'm saying do not start picking and choosing. Let's do this. Commissioner Winton: Mr. Chair, I've thought a lot more about this, and I can't tell you how City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 opposedl am to this. These same social service agencies - Chairman Teele: You can't - Commissioner Winton: I cannot tell you how opposed I am to this whole idea. My district, as you well know, District 2, social service agencies have been cut in the last two years by 61 -- 61 percent; more than anybody up here, cut dramatically. But for the fact that these people happen to be in a City -owned building, I can't do anything for them, but because these people are in a City -owned building, you're going to reduce the rent. That just seems fundamentally unfair, so, I mean - Commissioner Regalado, you can trust -- this isn't directed to you at all. I know how you think about these things. I like the way you think about these things, but as I've thought about it, just in terms of what's fair to all of the agencies citywide, this just doesn't seem to be fair, because these people are getting - they're getting extra CD (Community Development) dollars, in essence, because they happen to be in a City -owned building. I don't - that just doesn't seem right, so I mean, now, that's all I'm going to say, and I'm not going to support it. Chairman Teele: Why don't we do this - Commissioner Regalado: If it were up to me, I'll pay for any social service agency in the City of Miami because - Chairman Teele: And that's probably a very candid statement. Commissioner Winton: Yes. Chairman Teele: But want to make sure that Commissioner Winton is right in what he said. Your - well, let me put it in a positive way. Where do the dollars go? Ms. Rodriguez: Well, Community Development is not funding the rent, because we can't, because we have a maximum amount in public service, which you all awarded. What we're doing is giving a hundred thousand dollars to Manuel Artime to do capital improvement. In return, they will be giving a one year moratorium, which was the direction of the City Commission six months ago. Commissioner Winton: Which - so if they collected that hundred thousand in rent, they could spend the hundred thousand dollars in rent on their own capital improvements for a City -owned building. Ms. Rodriguez: Right. Commissioner Winton: I mean, it's a circular deal there. Ms. Rodriguez: It's a circular. Now, some of these agencies - Chairman Teele: Let me understand one thing. If - if somebody is paying rent now, does that money go to Community Development, or does it go to the general fund, or an account, a special account? Ms. Rodriguez: It goes to the general fund. Commissioner Winton: And that could be used for capital improvements. Chairman Teele: So the real beneficiary here is the City. Ms. Rodriguez: Correct. City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: I mean, you know, Johnny, you've got half of this equation right, but the other half is the City is subsidizing itself. In other words, the City - Commissioner Winton: That's it, by the way. You're absolutely - I only had half of it right. You're right. Chairman Teele: All right. Commissioner Regalado: No, no. Commissioner Winton: And we had half of it right. Commissioner Regalado: No, and not only that - no. Chairman Teele: The City is subsidizing itself. Commissioner Winton: Yeah. Commissioner Regalado: No, but not only that. It goes to the general fund, but it goes back to the Artime, because they need maintenance. They need to do several things. Chairman Teele: But they're not getting maintenance and -- they're getting the maintenance from Community Development. Commissioner Regalado: Right. Chairman Teele: Which is the purpose of these agencies. Let's get a motion on the table, and we can vote it up or down and debate. Vice Chairman Sanchez: Mr. Chairman. Commissioner Winton: And I'm done, by the way. I'm not saying anything else. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: A motion to accept the recommendation of -- the department recommendation which is of the agencies that have complied with all of the requirements. So move. Commissioner Gonzalez: I'm going to second that motion, and, you know, the reason I'm going to second that motion is that I think that we're setting a real bad precedent if we let people run these agencies the way they want, and they are not - they don't have to report to anybody, they don't have to produce any records, they don't have to do anything, because what we're telling the other agencies that are out there, that have been monitored four times a year - isn't that correct? - sometimes six times a year, agencies that we're imposing a lot of regulations and a lot of accounting, and a lot of regulations, we're telling them, you have to comply, but these other people don't have to comply. These other people have the right not to present a budget, not to tell us what they're doing with the money, not the services they're providing, so, you know, it is a real bad precedent. I mean, I don't want to be in that position, because, like I said, I worked for an agency 13 years, and I had to comply, and let me tell you, out of those 13 years, there were four years that were murder, with the ex Mayor that we had in this City. Vice Chairman Sanchez: Under discussion. City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: Under discussion. Vice Chairman Sanchez: Under discussion. Is there a motion and a second? I just want to state that we should not continue to assist agencies that are not complying with the requirements, and ifyou do this, then we're just going to be setting a bad example. I mean, you have several agencies that provided all the documents that they were required, and therefore, understanding the budget crunch that we're facing with the social services, I am prepared to support those agencies that have complied with all the requirements, but you have agencies here that didn't even provide a budget, nor a work program. In other words you - these are agencies that you don't know what they're doing. I mean, they don't have a plan in place, they don't have a budget. How do you determine whether they're doing what they're supposed to be doing when, one, they're probably getting money from the City, the County or the State, and here we are, when they meet no compliance, whatsoever as to the requirements set forth, and we're going to tell them, hey, we're going to go ahead and give you a free year rent monetary (sic). I mean, that's just bad policy to do that. Commissioner Winton: Well, that gives me two "no" votes, because I vote, for sure, "no" on those people. Two votes. Vice Chairman Sanchez: So that's where I stand on the issue, and it's my district. Chairman Teele: But the recommendation before us doesn't distinguish. Commissioner Winton: Yeah. Chairman Teele: It treats everybody in that class as the same. Ms. Rodriguez: The recommendation - the resolution says to transfer a hundred thousand dollars to Manuel Artime. The memo in front of you also says that the only agencies to get the one year moratorium are Accion Community Center, Catholic Charities ofArchdiocese Counseling Program, Catholic Charities ofArchdiocese Daycare Program, Catholic Charities Early Childhood Program, Josefa Castano Kidney Foundation and Lions Home for the Blind. Chairman Teele: What does that total? Commissioner Winton: And that's the resolution. Chairman Teele: What does that number total? What do those numbers total? Ms. Rodriguez: That's - (INAUDIBLE COMMENT) Ms. Rodriguez: Right. A hundred - Chairman Teele: About eighty-five thousand? Ms. Rodriguez: In the - a hundred thousand dollars. It's a hundred and nine, I believe. Hold on . We'll let you know now. Chairman Teele: All right. Further discussion on the item? All those in favor, say "aye." Vice Chairman Sanchez: Aye. Commissioner Regalado: Aye. City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Gonzalez: Aye. Chairman Teele: All opposed, say "no." Commissioner Winton: No. Commissioner Regalado: I got a question here, one question. I voted "yes," because I do not want to stop the process, but just a question. Chairman Teele: Now, wait a minute. I'm confused. You voted "no, " and you voted `yes"? Commissioner Regalado: Yeah. Commissioner Winton: Yeah, because you voted to give - you voted to - the resolution was to give these people the relief. Commissioner Regalado: No, but hear me out. No. Mr. Chairman. Commissioner Winton: That was the resolution. Commissioner Regalado: Mr. Chairman, hear me out. The reason I voted - Chairman Teele: You vote "no" to give them - Commissioner Winton: I vote "no" to give anybody any money. Vice Chairman Sanchez: It's four to one. That's it, move on. Commissioner Winton: Right. Chairman Teele: It's three to two. I'm voting "no." Vice Chairman Sanchez: OK, three to two. Commissioner Winton: Oh. Chairman Teele: And I'm voting "no, " not on the principals that have been discussed, but I'm voting "no" that I think if we're taking CD dollars and giving it to the City, then we cannot freat ourselves like a private sector landlord, and we need to be generous, and we need to - Commissioner Regalado: That's my point. Chairman Teele: It's the same thing that Catholic Charities would be doing. You can't on one hand be business and the next hand be a grant recipient. We are the grant recipient here, and it's not like - and it's Community Development money for poor people, so the vote is three to two. The motion passes, and I assume the Mayor will support and it will be on and - and Mr. Manager, please do not call me when you all are evicting people. Just do whatever you're going to do. Commissioner Regalado: And that was my question. Commissioner Winton: He isn't involved in this. Chairman Teele: Well, I mean, what he's going to wind up doing, he's going to wind up having a City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 horrible scene now when you put these people out. Ms. Rodriguez: There is one that - Commissioner Regalado: That is my question. When are you going to evict the agencies that's not - that doesn't pay? Ms. Rodriguez: You have Camille Merilus that owes since last year, February. Commissioner Winton: OK. Chairman Teele: You've said that three times today. Commissioner Regalado: OK. Chairman Teele: You've said that three times. Commissioner Regalado: So what's the next? Because if we don't approve people that do not comply and bring the documents, then we will not approve people who do not pay the rent; is that correct? Commissioner Winton: By the way, and I'm going to vote to evict them. Commissioner Regalado: I'm not. Commissioner Winton: That's my position. Evict them if they don't pay the rent. Throw them out. Commissioner Regalado: Well I'm not. Commissioner Winton: If they don't respond, throw them out. Chairman Teele: Gentlemen, this matter has been voted upon, it's decided. Is there any other matter on this? Ms. Rodriguez: No. Commissioner Winton: No. City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 ORDINANCES - EMERGENCY EM.1 03-0330 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SCHOOL RESOURCE OFFICER PROJECT," AND APPROPRIATING FUNDS FOR THE OPERATION OF THE PROGRAM, IN THE AMOUNT OF $96,507, CONSISTING OF A GRANT FROM MIAMI-DADE COUNTY, THROUGH ITS DEPARTMENT OF HUMAN SERVICES; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE ALLOCATION OF MATCHING FUNDS, IN THE AMOUNT OF $32,169, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0330- cover memo-1.pdf 03-0330- budgetary impact analysis-2.pdf 03-0330- affidavit-3.pdf 03-0330- contract-4.pdf 03-0330- summary of attachments-5.pdf 03-0330- scope of services-6.pdf 03-0330- program budget-7.pdf 03-0330- performance report & invoice-8.pdf 03-0330- Miami Dade affidavits-9.pdf 03-0330- code of business ethics-10.pdf 03-0330- debartment disclosure affidavit-11.pdf 03-0330- public entities crime affidavit-12.pdf 03-0330- disclosure of subcontractors-13 .pdf 03-0330 - police fact sheet-14.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado 12472 Chairman Teele: We have an emergency ordinance regarding a school resource officer project. Commissioner Winton: So move. Commissioner Gonzalez: Second. Chairman Teele: Moved by Commissioner Winton, seconded by Commissioner Gonzalez. Discussion. Public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Mr. Manager, why are we doing this, City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 and what are we doing? Commissioner Winton: It's a grant, right? Alejandro Vilarello (City Attorney): This is Item F.M1. Commissioner Winton: Aren't we accepting a grant? That's what I read. Chairman Teele: This is a grant, right? Commissioner Winton: Yeah. We're accepting a grant from Miami -Dade County Public School System. Joe Arriola (City Manager): This is the - to accept a County grant, sir. Chairman Teele: OK. Vice Chairman Sanchez: There's been a motion to approve? Chairman Teele: Yeah. Commissioner Winton: I moved it. Chairman Teele: Mr. Attorney, read it. Read the title. The ordinance was read by title into the public record by the City Attorney. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): First roll call. Chairman Teele: Was there any discussion on this? Mr. Vilarello: No. Chairman Teele: Madam Clerk. Ms. Thompson: First roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: Second roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 4/0. ORDINANCES - SECOND READING SR.1 03-0272 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12451, AS AMENDED, THE CAPITAL PROJECTS ORDINANCE, TO REVISE AN ONGOING CAPITAL IMPROVEMENTS PROJECT TO APPROPRIATE FUNDS, IN THE AMOUNT OF $750,000, IN City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 CAPITAL IMPROVEMENTS PROJECT NO. 313303, ENTITLED "FIRE DEPARTMENT COMPUTERS AND COMMUNICATIONS," SAID FUNDS RECEIVED AS A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE ASSISTANCE TO FIREFIGHTER'S GRANT AWARD FOR THE DEPARTMENT OF FIRE - RESCUE FIRE OPERATIONS AND FIREFIGHTER SAFETY PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT, AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, CONTINGENT UPON THE CITY OF MIAMI'S PROVISION OF MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $400,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. 313303, ACCOUNT NO. 289401.6.840, FUNDED BY THE FIRE ASSESSMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0272-cover memo.pdf 03-0272-budget impact analysis.pdf 03-0272- letter from FEMA.pdf 03-0272- agreement articles.pdf 03-0272- email.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado 12469 Chairman Teele: All right. So let's go down. SR.1 is accepting a FEIvIA (Federal Emergency Management Agency) grant. Vice Chairman Sanchez: So move. Commissioner Winton: So move. Chairman Teele: Moved. Commissioner Winton: Second. Chairman Teele: Second. This is a public hearing. Any person desireing to be heard should come forward. There are no persons coming forward. The public hearing is closed. Mr. Attorney. Alejandro Vilarello: (City Attorney): This is Second Reading 1? Chairman Teele: Yes, sir. Commissioner Winton: Yes. The ordinance was read by title into the public record by the City Attorney. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. SR.2 03-0277 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PUBLIC NUISANCES," BY REPEALING, SECTION 46-1 IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTION 46-1, ENTITLED "DEFINITIONS," TO MODIFY DEFINITIONS AND PROVIDE FOR CONSISTENCY AS TO THE NUMBER OF VIOLATIONS REQUIRED FOR A PROPERTY TO BE DECLARED A PUBLIC NUISANCE, PURSUANT TO STATE STATUTE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0277- cover memo.pdf 03-0277 - Fact Sheet.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado 12470 Commissioner Gonzalez: Mr. Chairman, move SR. 2. Chairman Teele: SR.2 is moved. Commissioner Winton: Second. Chairman Teele: Second. Public hearing. Any person desiring to be heard should come forward. If not, Mr. Attorney, read the title. The ordinance was read by title into the public record by the City Attorney. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. SR.3 03-0289 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI, DIVISION 2 AND DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS, STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY" AND "AUDIT ADVISORY COMMITTEE" ("AAC"), RESPECTIVELY, TO City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 REDUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUORUM TO CONVENE A MEETING OF THE AAC FROM FOUR TO THREE MEMBERS; MORE PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-947 OF SAID CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0289- cover memo.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Teele and Winton Absent: 1 - Commissioner Regalado 12471 Chairman Teele: SR.3. Commissioner Winton: So move. Vice Chairman Sanchez: Second. Chairman Teele: Moved and seconded. Public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Mr. Attorney, read the title. The ordinance was read by title into the public record by the City Attorney. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. SR.4 03-0347 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IX, SECTION 2-777(a), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION, CITY -OWNED PROPERTY, INVESTIGATION OF APPLICANTS FOR USE, LEASE, RENTAL, ETC., OF CITY -OWNED FACILITIES AND OTHER MUNICIPAL PROPERTY," TO REQUIRE THAT A CREDIT CHECK BE A PART OF THE INVESTIGATION PROCESS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0347- cover memo.pdf DENIED A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to table Item SR.4 to the afternoon session of today's Commission Meeting in order for Commissioner Regalado to be present during the discussion of said item. City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimoulsy to DENY Item SR.4. Chairman Teele: Next item. Commissioner Gonzalez: Move SR.4. Commissioner Winton: Second. Chairman Teele: This is dangerous business so - dangerous business. Public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. This is when a whole lot of folks should be coming forward. Mr. Attorney, have you all amended this in any way since the last meeting? Alejandro Vilarello (City Attorney): No, there's been no change. Commissioner Winton: What are your thoughts? Chairman Teele: Well, read the title, please. The ordinance was read by title into the public record by the City Attorney. Chairman Teele: Now, let me understand. What are we going to do with these credit checks, and background? Is there going to be a background check and credit check? Mr. Vilarello: The ordinance already authorizes that, yes, the background check, and this now requires a credit check. Chairman Teele: What's going to happen with a credit check? Mr. Vilarello: The Manager is going to have to make an independent decision, based on the information that he receives, both from the background check and the credit history in determining whether or not he wishes to do business with this entity. Chairman Teele: Let me tell you, this is very, very - we're going down a slippery slope, now, and Mr. Manager, a lot of politics could get involved. A lot of First Amendment issues can get involved in here, and we need to be very, very clear, Mr. Attorney, that there is an appeal process if someone is turned down, so we don't need to do that here, but we need to provide for some protection, because many of the people using these venues are not going to be credit worthy. I know that we have a horrible situation involving this gentleman who really is obviously what he is. His record shows what he is. He's done this in New Mexico, or Colorado, and on and on, and used names. He even had, I understand, a proclamation that I signed as Chairman of the County Commission in '93. Be careful about proclamations you sign, Mr. Mayor, you know, but what can - how can you protect yourself against a person like that? But we need to be very careful, Christina. Are we going to use these credit checks to deny people? Joe Arriola (City Manager): Can I make a - Chairman Teele: Hmm? Mr. Arriola: I would like to make a comment, if possible. Now, I'm very, very, very concerned about this, because, to me, it's like you got one bad serving of chicken, so you'll never eat chicken the rest ofyour life. We did have a bad experience. I - my personal feeling, we're City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 jumping on this thing. We're going to create a lot more bureaucratic process through this thing. We're going to get a whole bunch of people saying, gee, you denied this, because I'm this, and that, and that, because they got a bad credit check. You know, it's really up to you. I'll do - you know, I'm here to serve you, so that's - it's OK. Having said that, this is creating a huge, huge bureaucratic process on top of a bureaucratic process. Besides, we're going to get a lot of people very upset once you start going through their personal credit, et cetera, et cetera, et cetera, but, you know, if this is what you want, I'm - you know, I'll live with it, but it's a real problem. Chairman Teele: And once you pull it, it's public record. Once you pull it, it's public record. Commissioner Gonzalez: Mr. Chairman, the "proponer" of this ordinance was Commissioner Regalado. He is not here now. Why don't we defer this item until the afternoon. Commissioner Winton: Yeah, great idea. Commissioner Gonzalez: And take it back whenever he's here. Chairman Teele: Absolutely. I apologize. You're absolutely correct. Thank you very much. Commissioner Winton: Thank you. Great point. Commissioner Gonzalez: Move to defer this till 4. Commissioner Winton: Second. Vice Chairman Sanchez: To this afternoon? Chairman Teele: To this afternoon. Commissioner Winton: Second. Chairman Teele: I'm not against it. I just think we need to be - we need to know what we're doing, and once you pull that information, it's public record. Commissioner Winton: Well, I think I'm going to be against it. I'm not sure I - I'm agreeing with you. You know, it's kind of like we - like the Justice Department overacts (sic). I mean, you know, you have one bad one, and everybody gets painted. Commissioner Gonzalez: I believe that - I believe that in cases like the - like this gentleman that we had the experience with, we can do it without having an ordinance, I mean, you know. Vice Chairman Sanchez: I tend to agree that we need to be prudent on this. Commissioner Winton: Yes. Vice Chairman Sanchez: But let me say something. How do you - Chairman Teele: We need to what? Vice Chairman Sanchez: We need to be prudent on this, very careful, very cautious, moving on this, but how do you determine the sinners from the saints, you know? Chairman Teele: Yeah. City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Vice Chairman Sanchez: And there has to be a process. It may not be this process. Commissioner Winton: Right. Vice Chairman Sanchez: But we need to have a filtering process where we might just add a little more effort to make sure that, you know, that incident never happens again, but, yeah, I'm very - I'm very concerned with this process, too. Mr. Arriola: Well discuss this. Vice Chairman Sanchez: OK. Mr. Arriola: But we do have a process; not a great process, because, obviously - I mean, it's not a perfect process, because we obviously got caught on this thing, but again - Commissioner Winton: But so did a lot of other cities. Mr. Arriola: -- we need to be very careful, because the moment you start going into personal - people's lives - Commissioner Winton: Yeah, yeah, I got it. Mr. Arriola: -- and it becomes part of public record, we're going to be in trouble. Vice Chairman Sanchez: OK. Mr. Arriola: I'd love to discuss it later, you know, and I will show you what our process is. Vice Chairman Sanchez: There's a motion to defer it to this afternoon. Call the question. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Chairman Teele: All right. What do we have left that we need to deal with right away? Where is the Mayor and Manager? Mr. Manager, are you all going to - Commissioner Winton: You have the thing that Commissioner Regalado brought up on the - Chairman Teele: All right. Mr. Arriola: We have the one issue on solid waste. Chairman Teele: All right. Mr. Attorney, read into the record - we held a public hearing on First Reading Number 1. Would you read the title of that again? Mr. Vilarello: Which item are we talking about? Chairman Teele: This is on the credit for public facilities. We deferred that item. Commissioner Winton: Credit checks. Commissioner Regalado: You wanted to move it? City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Mr. Arriola: PH.5, right? Commissioner Regalado: Is it - Mr. Vilarello: Is itPh.5? Unidentified Speaker: Yeah, it's Manuel Artime, PH.5. Commissioner Winton: We've had some pretty detailed discussions, Tomas, when you were - Commissioner Regalado: Oh, OK, OK Commissioner Winton: So we think that we need to go back, because there were some new thoughts on it. Commissioner Regalado: OK. Christina Abrams (Director, Public Facilities): PH.5, Public Hearing 5. Chairman Teele: What's the item number? PH.5? Mr. Vilarello: SR.4 is the second reading of the ordinance which requires credit checks of City facilities. I believe that's the item that you were speaking to, Mr. Chairman? Chairman Teele: Yes. The ordinance was read by title into the public record by Chairman Teele. Chairman Teele: Was that OK? Mr. Arriola: Yes, sir. Chairman Teele: All right. Discussion on that item had been - there was concern about going into credit checks, in that that becomes public property or subject to public disclosure, and the privacy issues, et cetera. My question is, then, what are we going to do once we find somebody's got horrible credit, or what are we going to do when we find something, you know, other than something of a moral turpitude? In other words, they did away with debtor prison when they did the Declaration of Independence, so what are we going to do with this information? And I guess that was the question. Commissioner Regalado: We deny the - renting the facility. Mr. Arriola: My only concern and I - Commissioner, you weren't here. You had left. My only concern is that once you do credit checks and you go through this whole procedure, that becomes part of public record, so we're - while we're fixing a problem, we're leaving ourselves wide open to what could be a bigger problem, and that's the concern I'm bringing to you. Now, I know we had a bad experience with the crazy guy with the Christmas thing, but, you know, we filed a - we didn't book him, you know. We canceled him out. We never booked him. Now, he said he was booked by us, but we cannot help that he went out and lied to the public, but we never had him booked. We - he booked - gave us a - we checked him out - gave us a bad check. We took him off the record, and he wasn't even supposed to be here. We were as surprised as you were when the kids showed up, and it's terrible, and we - you know, obviously, we - the City, thanks to all of you, scrambled and did the right thing for the kids, but we didn't book him. I mean, he was not on our books. He lied. He really - he didn't get past us. My concern - and I'll City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 do whatever you guys want me. I've said that because this is nothing I'm going to get into an argument with you guys about. The problem is, when you start doing - talking about personal credit checks and that becomes part of public record, you're leaving yourself wide open to a slew of other problems that you might be facing, and I just want to warn you. I mean, you should think about it, because it really could be a problem, and I'm concerned, and I should bring that concern to you. Commissioner Regalado: Well, after we got the bad check, the Manager called - the Convention Center Manager called him that the date was available, that he just needed to bring another check; is that correct? Ms. Abrams: That's correct. I mean, until - Chairman Teele: Your name for the record. Ms. Abrams: Christina Abrams, Director of Public Facilities. But that's not the only issue. There are a lot of procedures in place today. We require insurance up front. We require a check Commissioner Regalado: No, but my point is that when we got the bad check, he was called and he was said - he was told, look, there seems to be a mistake here, because your check has bounced. You still have the date, but if you bring a new check - Ms. Abrams: I don't think we were that polite about it. I think it was more like: Your checked bounced and your event is canceled. Commissioner Regalado: That was the story in the press. Mr. Arriola: Well, Commissioner, we could choose that, and if that's what you want to change, I agree with you 101 percent, but that's going to be a lot easier for us and protect us a lot more than actually going into the whole credit check, and getting ourselves in something that we might not like it afterwards, but again, you know, it's really up to you guys. I just have to bring you my concern, that's all. Chairman Teele: Vice Chairman. Vice Chairman Sanchez: Madam Director, could we take additional steps in the process, such as are they required to give you references? Ms. Abrams: Yes, they are, and what we have done is we have reviewed our application process. Vice Chairman Sanchez: That's my next question. Is there a process to review these applications? Ms. Abrams: There is a process to review the applications. In the case of the Expo Center, we saw opportunities to make it a lot more stringent and a lot more thorough, and we've implemented those changes as a result of this. Vice Chairman Sanchez: Have you already made those changes - Ms. Abrams: Most definitely. Vice Chairman Sanchez: -- or are you in the process of making those changes? Ms. Abrams: Well, we're in the process of implementing, because we - there have been a lot of City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 events since that, you know, event took place, but, yes, we're in the process of implementing them Vice Chairman Sanchez: Because what we're frying to do is to make sure that that doesn't happen again here in this community, but on this resolution, after hearing some valid concerns expressed by my colleagues and the administration on it, I am also a bit concerned as to where are we going to draw the line when people have criminal record or bad credit? There's a lot of decent people out there that have bad credit. I mean, they just overspent and weren't able to pay, so I'm a little concerned on that. I would feel much better if I'm told - and I have been told by you that there is a - you are adding steps to assure that we are - especially these fly-by-night promoters that come in, because I think that a lot of these fly-by-night promoters that come in affect the local promoters that constantly do their events here, so as long as you're making - taking steps to assure that this doesn't happen again, I'm OK with that. Mr. Arriola: Commissioner Regalado, we could also ask people to give us a cashier's check, and that could be part of the change. Now, I also want to warn you - I mean, I'm all for that. I mean, I'm very much for that, but you know you will have a lot of people that will come - oh, how do I get a cashier's check? And the City's doing - so I'm open for any suggestions. I'm just warning you that there's not an easy solution here. Chairman Teele: Let me proffer to Commissioner Regalado if -- what is frightening about this to me is mandating a credit check be done for everybody that comes through the door. That's a lot of - that's a lot of credit checks, and I think the question - and it may even apply to everybody who rents at our dock facility the way this is written. If it were optional, that is, and at the discretion of the Manager, a credit check, then we can limit it to those things that we have a concern about and we go to the next step. Would that be some compromise area if it said - rather than said a mandated - this mandates -- and a credit check, and at the discretion of the Manager, a credit check? Mr. Arriola: You know, again, I'll go any way you want to. I'm not arguing anything. The other thing is when you say the Manager's credit check, you going to get the guy that was denied, and he says, why was I given a credit check and Arthur Teele wasn't given, or, you know, Johnny Winton wasn't? I'm just warning you what's out there. Whatever you do is fine with me, but I'm just warning you that that's what happens when you get - now you're saying some people are going to get a credit check and some other people are not going to get it. I'm just concerned, that's all, and I'm just expressing my concern, that's all. Commissioner Regalado: Hey, I tried, I tried this just as shock therapy, because, you know what? Chairman Teele: What? Commissioner Regalado: Shock therapy, because, you know what? Everything that you have said, everything that Joe has, everything that you said you were going to do, it's already in the City Code. It was before the guy came to us, so - Ms. Abrams: We should not have accepted his check, that's true. Chairman Teele: But the evil that you're identifying, this isn't going to change. In other words, the gentleman who was - who perpetrated this fraud on the City - on the public, really - Commissioner Regalado: On the public. Chairman Teele: He's going to - I mean, this doesn't really - City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Winton: Evil people will always be here. Commissioner Regalado: Look, I don't - I don't have any problem at all on the credit check. It's something that I thought it was important, because if you're going to buy a car, if you're going to buy a house, whatever you want to do, you get a credit check. To use a huge facility, you need to have some kind of background in business, because I cannot just go there and book the place and promote a huge event, so, you know I - I don't have any problem. You might delete the words, "credit check" or whatever, but if we do, if we do, there's no need to vote on this. Chairman Teele: Let's defer it, then. Commissioner Regalado: Because - huh? Chairman Teele: Let's defer this for the time - Commissioner Regalado: No. I mean, there is no need. We delete that and there is no need to, because everything else is in the Code, and my point was that the Code wasn't followed. Ms. Abrams: In this case, we should not have accepted that check. You're absolutely right. Vice Chairman Sanchez: Mr. Chairman, I believe Commissioner Regalado has made his point clearly, so move to deny. Chairman Teele: Well, why don't we just move to withdraw it? Commissioner Winton: Yeah. Commissioner Regalado: To withdraw it. Vice Chairman Sanchez: Move to withdraw. Move to deny. Mr. Vilarello: It's already been adopted on first reading. Vice Chairman Sanchez: Second reading, it's second reading. Commissioner Regalado: I'm sorry? Mr. Vilarello: You need to vote again. Vice Chairman Sanchez: It's second reading, so it's got to be moved to deny. It can't be withdrawn. Commissioner Regalado: No, it's a motion to - Commissioner Gonzalez: Withdraw. Commissioner Regalado: -- withdraw. Mr. Vilarello: It's been approved on first reading, so it has to be voted up or down. Commissioner Winton: Oh. Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Winton: What was the motion? Vice Chairman Sanchez: To deny. Commissioner Winton: Deny. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Does it have to be done by - OK, all right. Ms. Abrams: Thank you. Chairman Teele: Now, look, we have a 3:30 time certain, and I think the media is entitled -- Mr. Arriola: We have one item. Chairman Teele: We've also got one other item. Mr. Manager, I'm not going to take that item up until we take this item up. Is there a representative of the County here on the solid waste item? Mr. Vilarello: Mr. Chairman, they were here previously, and there has been a consensus reached by the Manager and the County staff so if you want to defer that till after the presentation, that's fine. Chairman Teele: Well, let's just - if there is a consensus, let's do it, then. Mr. Vilarello: There's a new document that needs to be presented to you. Mr. Arriola: Yeah, but it - it's a nothing, it's a nothing document. SR.5 03-0342a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 22-12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR A FIVE YEAR RESIDENTIAL SOLID WASTE FEES FREEZE AT $325, COMMENCING FISCAL YEAR 2003-2004 AND ENDING FISCAL YEAR 2008-2009; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 03-0342a- memo.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regaldo absent, to DEFER item SR.5 to the next Commission Meeting. Chairman Teele: If we could - Commissioner, Commissioner Sanchez, would you - Commissioner Sanchez - all right. I just want to make sure Commissioner Sanchez is taking note and is here. All right. We have Item Number - the rental waiver for the Manuel Artime Theater has been set for 3 p.m. I assume, Commissioner Winton, you're aware of that, and you did that. The next item would be the second reading item, and I would like to ask that the special item, City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Item SR.5 be deferred to the next meeting. That's regarding Solid Waste. Commissioner Gonzalez: Move to defer SR.5. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All right. ORDINANCES - FIRST READING FR.1 03-0279 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE IX/DIVISION 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT" TO REQUIRE THAT A REQUEST FOR PROPOSALS BE ISSUED TO SOLICIT, BOTH REGIONALLY AND NATIONALLY, QUALIFIED FIRMS TO PROVIDE EXTERNAL AUDITING SERVICES TO THE CITY, WHICH SERVICES SHALL BE PERFORMED ON A MANDATORY FIVE YEAR ROTATION BASIS; MORE PARTICULARLY BY AMENDING SECTION 18-502(13) OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 03-0279- cover memo.pdf WITHDRAWN A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to WITHDRAW item FR.1. Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: You want to introduce FR.1? Vice Chairman Sanchez: No, Mr. Chairman. I would like to defer it to this afternoon to have Commissioner Regalado here, if we could defer FR.1, which is the finance - financial policy, Anti -Deficiency Act, till this afternoon. Chairman Teele: All right, and an amendment has been passed out, I think. Vice Chairman Sanchez: Yes. Vice Chairman Sanchez: Mr. Chairman, before we move into that, can I just simplify your agenda? I would like to withdraw FR.1, sir. Chairman Teele: Motion to withdraw FR.1. Commissioner Winton: What's FR.1? City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Regalado: What's FR.1 ? Vice Chairman Sanchez: The anti -deficiency amendment. Chairman Teele: Second? Commissioner Gonzalez: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RESOLUTION RE.1 03-0393 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE PROCUREMENT OF YARD WASTE PROCESSING AND DISPOSAL SERVICES FROM WASTE MANAGEMENT INC. OF FLORIDA ("WMIF"), TO BE USED CITYWIDE, AWARDED UNDER EXISTING CITY OF CORAL GABLES CONTRACT, BASED ON THE AMOUNT OF $43.00 PER TON, PLUS ANNUAL CONTRACTUAL INCREASES AS INDICATED IN SECTION 6B(2) OF THE CONTRACT, EFFECTIVE UNTIL SEPTEMBER 30, 2005, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF CORAL GABLES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WMIF. 03-0393 - cover memos 03-0393 - exhibit 1-agreement 03-0393 -exhibit 2-Coral Gables resolution 1 03-0393 -exhibit 3- contract 03-0393-exhibit4- Coral Gables resolution 2 03-0393 -exhibit 5- rates inclusive of fee 03-0393-exhibit6-monthly rates 03-0393 - exhibit7-Roll off service 03-0393 - exhibit 8-formula rate adjustments 03-0393 -exhibit 9-single family processing 03-0393 -exhibit 10-performance bond 03-0393 -exhibit 11- power of attorney 03-0393 -exhibit 12-certificate of insurance 03-0393 - correspondence.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-04-0022 Chairman Teele: The time is now about 11:58. We have one or two items left, other than board City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 appointments. We obviously have the Marlins Stadium, which I hope we can all fully participate. Mr. Manager, the item relating to solid waste -- Joe Arriola (City Manager): Yes, sir. Chairman Teele: My office has received at least two calls from County dignitaries or officials. Mr. Arriola: Yes, sir. They're crying. Chairman Teele: Did you - Mr. Arriola: They're crying. Chairman Teele: Several people are requesting a deferral from the County to come over and brief us. Mr. Arriola: No. Chairman Teele: Are you recommending a deferral on that item? Mr. Arriola: Absolutely not, sir. I mean, this is typical County bullying us, andl am not going to take it. We are right on this thing. We are right on the money. This is going to save the City a million, seven hundred thousand dollars, and I want to bring it up for you guys to consider it, and will - you know, I am not going to defer it because big daddy is telling me to defer it. Chairman Teele: Well, with your permission, what would like to do is ask the City Attorney to make sure he talks to the County Attorney - Mr. Arriola: He did. Chairman Teele: -- because there are interlocal agreements I understand that are involved, and we will take this item up precisely around 3:15 today; that is, we're coming back for the 3 o'clock regarding the theater. We'll take this item up, then we'll have the baseball stadium, and then we'll close up - we'll close out the agenda, and hopefully, be out of here by 5 o'clock. Mr. Arriola: Here, here, sir. Commissioner Winton: Here, here. At 5:30. Chairman Teele: 5:30. All right. Commissioner Gonzalez: Solid Waste. Alejandro Vilarello (City Attorney): Yes. I believe a package has been distributed to each of you, which is a substitute for RE.1, which represents the agreement where the City will piggyback off the Coral Gables contract. Mr. Patterson, are you going to present the item? Clarance Patterson: Yes. Mr. Chairman, members of the Commission, and Mr. Chairman, particularly, to you, asked that call the County and find out some things -- Chairman Teele: Your name, just for the record. Mr. Patterson: Clarance Patterson, Director of Solid Waste Department. Find out about what the County was objecting to. We have done that. The County has sent their crew over. We've met with their attorney and a representative from the department, and we resolved those City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 differences. Chairman Teele: So, you're saying that Mr. Wilfong (phonetic) is comfortable now at this point, along with Mr. Burgess? Mr. Patterson: That is correct. Chairman Teele: All right, so is there any need to debate it? Commissioner Gonzalez: Move. Chairman Teele: This is going to save the City about how much? Mr. Patterson: Well, it was approximately one point seven. It maybe be slightly less than that after making those changes. Mr. Arriola: And six hundred thousand dollars for the mini dump that Commissioner Gonzalez has been beating me up for about nine months, so if you call it a two million dollar savings, it's fair, but what I also think is going to be -- is going to help us bring a lot of other efficiencies to the table, which we'll explain in plan "B" afterwards, sir. Chairman Teele: So, it's moved by Commissioner Gonzalez, seconded by Commissioner Winton. Is there objection? Is there -- Commissioner Winton: Aye. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Mr. Arriola: You realize I worked nine months on this thing and you have passed this without -- Chairman Teele: Without dis -- Mr. Arriola: -- not only an objection, not only a discussion, nothing. In two seconds. Commissioner Gonzalez: You want us to argue? Mr. Arriola: No, I -- no. I'm happy. I'm kidding. I'm kidding. Chairman Teele: Well -- Commissioner Regalado: Better for you. Chairman Teele: Better for you than -- but with -- Commissioner Regalado: Do you want an argument? Commissioner Gonzalez: Commissioner Regalado, do you have any objections to this? Commissioner Regalado: No. Mr. Arriola: I was just kidding, Commissioner. City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Regalado: I've got five questions. Mr. Arriola: No, Commissioner. No, no. I was just kissing. It's passed, It's over. Forget it. City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 BOARDS AND COMMITTEES BC.1 03-0314 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AND CONFIRMING THE ELECTION OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Miguel De La 0 Commission At -Large Mariano Cruz Commission At -Large Florene Nichols Commission At -Large ELECTED REPRESENTATIVE: SEAT REPRESENTED: Jorge L. Garcia William J. Scarolla, III 03-031 4-memo-1 .doc 03-031 4-list-2.doc Seat #1 Seat #2 Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Teele and Winton Absent: 1 - Commissioner Sanchez R-04-0001 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and passed unanimously with Vice Chairman Sanchez absent, to appoint Miguel De La 0 as an at -large member of the Civil Service Board. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously with Vice Chairman Sanchez absent, to appoint Mariano Cruz as an at - large member of the Civil Service Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and passed unanimously with Vice Chairman Sanchez absent, to appoint Florene Nichols as an at -large member of the Civil Service Board. Chairman Teele: All right. Could we go to the board appointments and fry to get out of here? We've got some pocket items and some other items that need to be -- Joe Arriola (City Manager): I'm sorry I said it. Commissioner Winton: Yeah. City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Gonzalez: Are we doing board appointments today or what? Commissioner Winton: Are we on BC.1 ? Chairman Teele: All right. Commissioner Winton: I would like to nominate, on BC.1, Miguel de la 0, as one of the Commission at -large appointees. Commissioner Regalado: Second is Mariano de la Cruz. Mariano Cruz. Commissioner Winton: Well, let's vote on them one at a time. Commissioner Regalado: OK. I will second Miguel de la O. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Commissioner Regalado: Mariano Cruz. Commissioner Gonzalez: Second, Mariano Cruz. Chairman Teele: All in favor. All -- moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Would you nominate Florene Nichols as the third? Commissioner Regalado: Florene Nichols. Chairman Teele: Yes, replacing Mrs. -- Commissioner Winton: Yeah. Commissioner Regalado: Rolle. Commissioner Winton: Rolle. Chairman Teele: Rolle. Commissioner Winton: Second. I move it then -- Commissioner Regalado: I move it. Commissioner Winton: OK. Second. Chairman Teele: Moved and second. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: That's all three. We need to make sure we get women on these boards, too, City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 folks. Priscilla A. Thompson (City Clerk): Excuse me. Commissioner Gonzalez: OK We -- on -- Ms. Thompson: I need -- I'm sorry, Commissioners. I need you to adopt the results of the election, as well. Chairman Teele: We need to adopt the -- Commissioner Winton: So move. Chairman Teele: Move to adopt the results of the election relating to both Mr. Garcia and ( UNINTELLIGIBLE), or you want to do them separately? Commissioner Winton: Same. Commissioner Gonzalez: Second. Commissioner Winton: That was one election. Chairman Teele: Seats one and two. Moved by Commissioner Gonzalez, seconded by Commissioner Winton. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. All right. We now have the Planning Advisory Board. Commissioner Gonzalez: Mr. Chairman, we got something in this item that we -- I don't know if you discussed it and I was paying attention to the City Attorney that was talking to me, but Mr. Silverman has been serving the board for more than eight years, so he needs to be waived 5/5ths (sic), no? Commissioner Winton: Yeah. Ms. Thompson: He wasn't -- Chairman Teele: He wasn't nominated. Ms. Thompson: He was not nominated. Commissioner Gonzalez: He was what? Commissioner Winton: Not nominated. Ms. Thompson: He was not nominated. Commissioner Regalado: He's out. Commissioner Gonzalez: He's out? Commissioner Regalado: Yeah. Commissioner Gonzalez: OK City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Regalado: It's Miguel de la 0, Mariano Cruz, and -- Commissioner Gonzalez: OK I'm sorry. BC.2 03-0317 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Dana Manner Vice Chairman Joe Sanchez Arva Moore Parks McCabe Vice Chairman Joe Sanchez (Alternate) Denis Rod Commissioner Tomas Regalado Guillermo Revuelta Commissioner Angel Gonzalez Tamara Gort Commissioner Angel Gonzalez Cathy Leff Chairman Arthur Teele James Black Chairman Arthur Teele Luis Revuelta Commissioner Johnny Winton Max Strang Commissioner Johnny Winton 03-0317-memo .doc 03-031 7-list-1 .doc Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0012 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and passed unanimously, to appoint Luis Revuelta and Max Strang as regular members of the Planning Advisory Board. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and passed unanimously, to appoint Arva Moore Parks McCabe as an alternate member of the Planning Advisory Board, further waiving, by a four fifths vote of the members of the full City Commission, provision under Section 2-886 of the Code of the City ofMiami, as amended, relating to the past absences on record for Arva Moore Parks McCabe. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and passed unanimously, to appoint Dana Manner as a regular member of the Planning Advisory City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Board. Direction to the City Clerk: by Vice Chairman Sanchez to check the provisions of the Code and report back on whether or not alternate members of the Planning Advisory Board are required to attend all meetings of the board. [Clerk contacted the Law Department on January 9, 2004 and confirmed that alternate members of the Planning Advisory Board, or any other board, are required to attend each meeting of their board.] A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and passed unanimously, to appoint Guillermo Revuelta and Tamara Gort as regular members of the Planning Advisory Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and passed unanimously, to appoint Denis Rod as a regular member of the Planning Advisory Board; further deferring Commissioner Regalado's second nomination. Chairman Teele: All right. Do we have appointments for the Planning Advisory Board? Commissioner Regalado: Yes. Commissioner Winton: Yes. Chairman Teele: Commissioner -- let's just start with Commissioner Winton. You have one. Commissioner Winton: No, I have two. My other one's on the second page. Luis Revuelta -- reappoint Luis Revuelta and Max Strang. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Commissioner Sanchez. Vice Chairman Sanchez: Dana Manner andArva Parks Moore, but I think we have to vote on the -- she's been -- Priscilla A. Thompson (City Clerk): Ms. Parks has excessive absences, so she'll need a 4/5th waiver. Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Chairman Teele: Moved by Commissioner -- Commissioner Regalado: Second. Chairman Teele: -- Sanchez and seconded by Commissioner Gonzalez -- Ms. Thompson: I need to make sure that Commissioner -- City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: -- with the waiver of 4/5ths being required for Ms. Parks. Vice Chairman Sanchez: She's an alternative. Do they have to show up? I think she's under the impression that she doesn't have to show up. Ms. Thompson: She needs -- Vice Chairman Sanchez: Only on -- when she's called. Ms. Thompson: I'll have to go back and check the actual requirements of the ordinance and let her know. Vice Chairman Sanchez: Could we verify that with her? Ms. Thompson: Sure. Vice Chairman Sanchez: Because it's my understanding, I think she thinks that you will contact her when she's needed. Chairman Teele: All in favor ofMrs. Parks -- Ms. Thompson: I'll let her know. Chairman Teele: -- with a 4/5ths vote, say "aye." The Commission (Collectively): Aye. Chairman Teele: It's unanimous, Madam Clerk. All in favor of the other appointment, Mr. -- Vice Chairman Sanchez: Dana Manner. Chairman Teele: -- Dana Manner. Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Commissioner Winton: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Commissioner Gonzalez. Commissioner Gonzalez: I will reappoint Guillermo Revuelta and Tamara Gort. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Commissioner Regalado, did you make yours? City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Regalado: Dennis Rod and defer the second one. Chairman Teele: Is there a second? Commissioner Winton: Second. Commissioner Gonzalez: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Would you make the two nominations reappointing Ms. Leff and Mr. Black, Commissioner Regalado? Commissioner Regalado: Yes. Cathy Leff and James Black. Commissioner Winton: Second. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Unanimously adopted. BC.3 03-0320 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Tomas Regalado Commissioner Tomas Regalado Vice Chairman Joe Sanchez Vice Chairman Joe Sanchez Chairman Arthur Teele City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Arthur Teele 03-0320-memo-1 .doc 03-0320-list-2.doc DEFERRED This item was DEFERRED. Chairman Teele: All right. On the Sports and Exhibition. Commissioner Winton: No, wait. Vice Chairman Sanchez: No, Mr. Chairman, I believe I -- Is that the Commission of the Status of Women? Chairman Teele: MSEA (Miami Sports and Exhibition Authority)? Vice Chairman Sanchez: No. Which one did you just do? Chairman Teele: We just did -- Commissioner Regalado: The Planning Board. Chairman Teele: -- Planning -- Vice Chairman Sanchez: Oh, OK My apologies. Chairman Teele: -- Planning Advisory Board. Vice Chairman Sanchez: My apologies. Chairman Teele: All right. We're now atBC.3, MSEA. Commissioner Gonzalez: I will -- Chairman Teele: Let me say this. Unless you're going to remove an appointment, I would recommend that you defer this. Commissioner Gonzalez: I'm going to defer it until the next meeting. Chairman Teele: Unless you're going to change somebody out. Vice Chairman Sanchez: No. Chairman Teele: Butl do think that we should probably have a workshop with MSEA right after this thing, and we ought to figure out where we're going with the Mayor, the MSEA, and all of this and make our appointments in accordance with how that process works out, but everybody's free to do what you'd like to do. Is there objection to deferring the MSEA appointments today? Commissioner Winton: No. Chairman Teele: All right. City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Regalado: No. I'm reappointing the same. Chairman Teele: So, why don't we just defer it then? BC.4 03-0321 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Tony Muniz Commissioner Angel Gonzalez Stuart Sorg Commissioner Angel Gonzalez 03-0321-memo.doc 03-0321-list-1.doc Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0013 Chairman Teele: Waterfront Board. They continue to serve. Commissioner Regalado: Yeah, right. Chairman Teele: Waterfront Board. We have two appointments by Commissioner Gonzalez and two by the Mayor. Commissioner Gonzalez: OK I'll -- I will appoint Tony Muniz and Stuart Sorg. Commissioner Winton: So -- second. Chairman Teele: Moved and seconded. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Do we have appointments from the Mayor on this board? Priscilla A. Thompson (City Clerk): No. We haven't gotten them yet. Chairman Teele: All right. Would someone check with the Mayor's office to see if the Mayor would like to make appointments? BC.5 03-0322 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Juvenal Pina Vice Chairman Joe Sanchez Ileana Hernandez -Acosta Vice Chairman Joe Sanchez Angel Urquiola Commissioner Tomas Regalado Charles Garavaglia Commissioner Tomas Regalado Carlos Martell Commissioner Angel Gonzalez Miguel Gabela Commissioner Angel Gonzalez (alternate) Charles J. Flowers Chairman Arthur Teele George Williams Chairman Arthur Teele Allan Shulman Commissioner Johnny Winton Joseph Ganguza Commissioner Johnny Winton 03-0322-memo.doc 03-0322-list-1.doc Motion by Commissioner Winton, 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-04-0016 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and passed unanimously, to appoint Juvenal Pina as a member of the Zoning Board. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and passed unanimously, to appoint Ileana Hernandez Acosta as a member of the Zoning Board; further waiving by a unanimous vote of the members of the City Commission, the term limit provision in Section 2-885(b) of the Code of the City ofMiami, as amended, as said provision relates to Ileana Hernandez Acosta as a member of the Zoning Board. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, to appoint Angel Urquiola and Charles Garavaglia as members of the Zoning Board. At this point, the Commission passed a related resolution listed below regarding the rotation of the alternate seat on the Zoning Board. A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and passed unanimously, to appoint Carlos Martell as a regular member of the Zoning Board and Miguel Gabela as an alternate member of the Zoning Board. City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and passed unanimously, to appoint Allan Shulman and Joseph Ganguzza as members of the Zoning Board. 04-00006 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A PROCEDURE TO APPOINT AN ALTERNATE MEMBER OF THE ZONING BOARD BY PROVIDING FOR THE NOMINATION OF THE ALTERNATE MEMBER TO ROTATE AMONG EACH DISTRICT COMMISSIONER BEGINNING JANUARY 2005, WITH THE COMMISSIONER FOR DISTRICT 2, WITH THE NOMINATION ROTATION TERMS AS STATED HEREIN FOR SUBSEQUENT YEARS. Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0025 Modified to begin on January 2005 (instead of 2004). Chairman Teele: Zoning. Zoning Board, starting with Commissioner Joe Sanchez. Vice Chairman Sanchez: I would like to reappoint both of my appointees, of course. Mrs. Hernandez Acosta is going to require a unanimous waiver because of her term. Chairman Teele: On term waivers, we vote on those separately. Vice Chairman Sanchez: OK. So move Juvenil Pina. Pina. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Now, the lady that requires a term waiver. Vice Chairman Sanchez: Yes. Mrs. Ileana Hernandez Acosta. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? This requires unanimous consent. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Commissioner Regalado. Commissioner Regalado: Angel Urquiola and Charles Garabaglia. Chairman Teele: Are those reappointments or new appointments? Commissioner Regalado: Reappointments. City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Gonzalez: Second. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Commissioner Gonzalez. Commissioner Gonzalez: OK I would like to introduce a resolution of the City ofMiami Commission establishing the procedure to appoint an alternate member of the Zoning Board by providing for the nomination of the alternate member to rotate among each district Commissioner, beginning on January 2004. I -- it happens that the alternate member has always been the District 1 Commissioner appointment. Vice Chairman Sanchez: Oh, OK Commissioner Gonzalez: I have the alternate member now, and I will keep him for this year, but I would like to do -- if my colleagues support me -- is to rotate the alternate position among the different Commissioners every year. Chairman Teele: Commencing what year would you start the rotation? Commissioner Winton: January. Commissioner Gonzalez: Next year, January 2005. Chairman Teele: In other words, it'll start -- you're district what? District 1? Vice Chairman Sanchez: 1. Chairman Teele: So, the next rotation would go to District 2? Vice Chairman Sanchez: 2. Commissioner Gonzalez: Yes, sir. Vice Chairman Sanchez: And then 3, and then 4. Chairman Teele: Mr. Attorney, can you write that up? You understand it? Alejandro Vilarello (City Attorney): The resolution is before you. We'll change the date -- Commissioner Gonzalez: It has to be amended. Mr. Vilarello: -- from 2004 to 2005. Commissioner Gonzalez: It has to be amended to 2005. Commissioner Winton: Yeah. Vice Chairman Sanchez: OK. So move as amended to 205 (sic). Commissioner Winton: Second. City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. In other words, Mr. Attorney, what the resolution is amended is that, beginning this year, it alternates. District 1 has got the appointment this year. Next year, Disfrict 2 will have the alternate appointment. The next year, District 3 and it should go all the way through Disfrict 5 showing what year, and then rotations to continue after that. Mr. Vilarello: Exactly. Commissioner Gonzalez: Correct. Chairman Teele: All right, and I think that's a very -- Commissioner Winton: It makes sense. Chairman Teele: -- Solomonic approach. Thank you. Commissioner Gonzalez: And -- Chairman Teele: Did you want -- Commissioner Gonzalez: -- at the same time, I would like to reappoint Carlos Martell and Miguel A. Gabela, who's the alternate member. Vice Chairman Sanchez: Second. Commissioner Winton: Second. Chairman Teele: OK. Now, you need to make sure that we're specifying who the alternate is. Commissioner Gonzalez: The alternate is Miguel A. Gabela. Chairman Teele: OK. It's been moved and second, the two names. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Madam Clerk, the book is wrong. It should show one of them as an alternate. Priscilla A. Thompson (City Clerk): We'll correct it. Chairman Teele: OK, and then we need to make sure we, next year, that term will end and it'll go to somebody else, so he will get a permanent appointment -- Commissioner Gonzalez: Next year. Chairman Teele: -- at the end of next year. Yeah. Commissioner Winton: Permanent appointment and I get one -- Commissioner Gonzalez: Exactly. City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Winton: -- one alternate. Chairman Teele: All right. Commissioner Winton. Commissioner Winton: Yes. Reappoint Alan Schulman and Joseph Ganduza. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Vice Chairman, would you nominate Mr. -- reappointing Mr. Flowers and Mr. Williams on my behalf please? Georges Williams and Charles Flowers. Commissioner Winton: So move. Chairman Teele: Moved by Commissioner Winton. Commissioner Regalado: Second. Chairman Teele: Seconded by Commissioner Regalado. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. BC.6 03-0323 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Victoria Varela Commissioner Joe Sanchez Karen Cartwright Vice -Chairman Arthur Teele 03-0323-memo.doc 03-0323-list-1.doc Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0031 A motion was made by Commissioner Sanchez, seconded by Commissioner Winton, and passed City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 unanimously, to appoint Victoria Varela as a member of the Commission on the Status of Women A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and passed unanimously to waive the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for Karen Cartwright as a member of the Commission on the Status of Women. Chairman Teele: Status on women. Commissioner Sanchez has two appointments. Vice Chairman Sanchez: Yes. I would like to appoint Victoria Varela and I would like to defer my second appointee. Chairman Teele: All right. It's been moved. Commissioner Winton: Second. Chairman Teele: And seconded by Commissioner Sanchez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. Do we have an appointment from the Mayor? Commissioner Regalado, would you appoint -- reappoint Karen Cartwright? Commissioner Regalado: Yes. Commissioner Winton: Second. Commissioner Regalado: I move Karen Cartwright. Commissioner Winton: Second. Priscilla A. Thompson (City Clerk): And she'll need a waiver of the absences. Commissioner Regalado: With a waiver -- Chairman Teele: With waiver. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. It's unanimously adopted. City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 DI.1 03-0357 DISCUSSION ITEM DISCUSSION AND APPROVAL OF THE FEDERAL LEGISLATIVE AGENDA. 03-0357- cover page.pdf DEFERRED This item was DEFERRED to the next Commission meeting. Chairman Teele: Federal legislative agenda, financial update. Alejandro Vilarello (City Attorney): Mr. Chairman, the Manager had requested that this item be deferred to the next Commission meeting as the coordinator is in Tallahassee at this time. Chairman Teele: OK. DI.2 03-0273 DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET OUTLOOK. 03-0273- memo.pdf This item was NOT TAKEN UP. NA.1 04-00004 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY ATTORNEY ALEJANDRO VILARELLO. 04-00004-exhibit-1. 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-04-0018 04-00005 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), RATIFYING, APPROVING AND CONFIRMING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY CLERK PRISCILLA A. THOMPSON. 04-00005-exhibit-1. pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sanchez, Teele and Winton R-04-0019 Direction to the City Clerk: by Commissioner Regalado to come back to the Commission before July with a list of possible early voting sites for the Presidential Election of November 2004, along with a budget of how much money would need to be allocated for said early voting sites. [ Note: Clerk completed assignment on 6-24-04.] Direction to the City Manager: by Chairman Teele to work with the City Clerk, the Planning Department, the Information Technology Department and the Law Department to come up with skill sets to hire an individual who has expertise in the areas of elections and voter statistics. [ Note: Clerk completed assignment on 6-11-04.] Note for the Record: Commissioner Regalado further stated that he would be meeting with the City Clerk and the Elections Department and would bring back a list of possible early voting sites throughout the City for the March Presidential Primary at the Commission Meeting currently scheduled for January 22, 2004. [Note: Clerk identified two sites for early voting for the March 2004 Presidential Primary, subject to Miami -Dade County's approval.] Commissioner Regalado: But before that, the City Commission directed me last November to work with the City Attorney, Alejandro Vilarello, and the City Clerk, Priscilla Thompson, to bring to you the package, in a legislation form, of their salary and benefits. This is a follow-up to the appointment by the City Commission last November, by a 5/0 vote, to -- for City Attorney, Alejandro Vilarello, and follow-up of the appointment last November, 5/0, of City Clerk, Priscilla Thompson. I met with -- at your direction, I met with them. You have copies of the resolution, and the package. All of the -- both are in agreement with what is written here, in terms of salary and benefits, and my proposal is that the City Commission accepts the proposal for salary and benefits of City Attorney, Alejandro Vilarello, and City Clerk, Priscilla Thompson. So moved. Commissioner Gonzalez: Second. Commissioner Regalado: Chairman. Chairman Teele: Which one did you move? Commissioner Regalado: Both. You want them -- Chairman Teele: I want them both separate. Commissioner Regalado: OK I'll move the package salary and benefits of the City Attorney, Alejandro Vilarello. Commissioner Gonzalez: Second. Chairman Teele: Moved and second. Is there objection? Madam Clerk, call the roll. You don't get to vote. Commissioner Gonzalez: Not even to object. Chairman Teele: I'm talking to the Manager. Commissioner Gonzalez: In this case, not even to object. City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 A roll call was taken, the result of which is stated above. Commissioner Regalado: On the second legislation, the salary and benefit package for City Clerk, Priscilla Thompson. Let me just say this, and I think it's important that we know that we are going to be getting some additional and interesting information. I spoke to the City Clerk regarding the General Election, the Presidential Election of 2004, because on the past citywide election, we had some concerns about only two early voting precincts in two areas of the City. The City Clerk had made that decision because of budget and logistics, butt have requested from her to come back to the City Commission before July, so the City Commission will have an idea where, in the City, you can choose, as many as you want, early voting precincts for the Presidential Election of November 2004, which is also the election for Dade County Mayor and any other issues that the City would decide to place on the ballot, so by July the City Clerk will have number of sites and the amount of money that needs to be allocated, according to the wishes of the City Commission, for early voting precincts and, of course, the general election, so that is -- Priscilla, that is what we discussed, right? Priscilla A. Thompson (City Clerk): That is correct, sir. Commissioner Regalado: OK So, I move the resolution confirming the salary and benefits to be received by City Clerk, Priscilla Thompson. Commissioner Gonzalez: Second. Chairman Teele: A motion and a second. Discussion? Madam Clerk, call the roll. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes, ma'am. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes, ma'am. Ms. Thompson: Chairman Teele? Chairman Teele: It is all I can do to just be precise, straightforward and vote, "yes," because I'm going to be very honest with you. Our elections component is a disaster. We don't have the skill sets in the Clerk's Office to deal with elections. I support the Clerk and the role of the Clerk, andl support Priscilla Thompson, but Mr. Manager, between you and the Clerk, we have got to get a different set of skills in the Clerk's Office to deal with elections; otherwise, we're going to continue to run behind the County, like Commissioner Regalado is alluding to now, and there is nobody representing our interest. I've told the Clerk, informally, that the election results that this Commission certified relating to Commissioner Winton have substantial errors in them. I've still not gotten clarification. The precincts that was in -- my vote was recorded in Commissioner Gonzalez's district in the last election, and it just -- through a series of coincidences, we've gone back and done it. The Supervisor of Elections has acknowledged this. We've asked them to come out with a new tabulation relating to Commission Gonzalez's district. City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 I still have not received that. The problem is this -- and I don't want to lay this on Priscilla -- and this goes back really to Walter, who's over in Coral Gables now. Most people think because the City ofMiami is the City ofMiami, the largest City in the state, that there are certain things that are inherent here, so when the Supervisor of Elections in Broward County was ready to bail herself out and hire an expert in elections, she hired the City Clerk, who had no experience in elections. I mean, the interface is there, but the technical understanding, the technical manipulation of data, the technical going to meetings of Supervisor of Elections -- I guarantee you that we've not gone to a Supervisors of Elections meeting in the last 20 years. We don't do that, but we should, and we should be involved in representing our interests. The precincts, which were agreed upon, have now been disagreed to. I got in the mail the other day, Priscilla, my precinct was moved within the last three weeks, when we start asking questions, because we found out they had these errors, and they have a glitch in their computer design. Then they just transferred me back halfway across Allapattah from where I am over in Overtown just by mail the other day, so it's very clear nobody's representing this City in this process. They're making these decisions -- and Mr. Manager, what I'm asking is that you, and the Planning Department, and the Technology Department and the Clerk's Office sit down and let's come up with a skill set. It needs to be a statistician. We need somebody with a PhD or something approaching a PhD in statistics. We don't need another warm body, but we need somebody who can understand elections, who can ensure that our election results are properly done, and that we are in the position to be able to understand what the County is doing to us or not doing to us. We've complained about the way the seniors -- where you have seniors in a building and they don't vote in that precinct. That's a reflection, not on the County. It's a reflection on us, and now we're back into this moving people all over the City ofMiami because they've got a glitch in their computer. I don't know what's going on, Priscilla, but I know one thing: We're not getting any communication from your office, and the City is not being represented -- at least my precinct is not being represented because they've got me going back to Comstock Elementary. You know, I live off of 7th Avenue. Comstock Elementary is what? Commissioner Gonzalez: 32nd Street. Chairman Teele: What Avenue? Commissioner Gonzalez: 18th Avenue. Chairman Teele: 18th Avenue. I've got to go all the way across the entire -- traverse the entire western part of the City, when I'm literally one block from 7th Avenue, and you can't tell me -- They had moved that precinct to Corpus Christi, which is on 7th Avenue, and then they made a statistical mistake because all of the votes from the people -- and it just so happens that Brenda Lee, who lives in my office, also lives in the area, she got caught up in the same thing. All of the votes that my people voted were imputed in your district, and it would have a lot of impact on changing the sort of the district results on the parking surcharge, the salaries and all of that. You all got our numbers put in your number, so we need to have somebody that really understands this stuff. I don't have the time or the energy, but I do know one thing: The City is not being represented in the context of being there when those decisions are being made at the working level, staff -to -staff. I'm sure you've got a great relationship with the Supervisor. Ms. Thompson: Yes. We have met on it, and the concerns that you raised to me, I did put to her. We're waiting -- they've just moved, so we've had a problem frying to get a meeting scheduled, and we're trying to meet with them to go over everything. I did check on that issue that you gave me regarding your Voter's Registration Card. Chairman Teele: But they've moved my precinct since then. Ms. Thompson: And that just came up to me, but before that, they told me that they had put you City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 back in the correct district prior to the election, so I need to just see her -- Chairman Teele: I can tell you one thing. God bless Joe Carollo, but if Joe Carollo were Mayor around here, I would have sworn it was a conspiracy. I want to apologize to Joe, because the effect of putting me in Angel's disfrict means I can no longer hold this seat. Commissioner Gonzalez: That's right. Joe Arriola (City Manager): What's more important, did you vote for Commissioner Gonzalez or not? Chairman Teele: Fortunately, he wasn't on the ballot. Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: But, you know, the thing is -- and this is why most of my time with Priscilla was to talk about the elections. The early voting precincts were sort of a success, but there were only two in the City ofMiami. We could have had five in each of the districts, and by the way, we could have, if we want, 10. We could have opened those precincts seven days a week. It depends on us. It should be the City Commission, the body to decide which areas should have an early voting precinct, because there are so many glitches and so many confusion that at least we got a week in advance to sort things out, because, you know, the County is still a mess with the system. Now -- Chairman Teele: Where are the early voting precincts going to be in March, Commissioner Regalado? Commissioner Regalado: I'm sorry? Chairman Teele: The early voting precincts in the March ballot election. We've got an election this March. Commissioner Regalado: Right. Chairman Teele: Presidential Election. The vast majority of my disfrict is Democratic. Commissioner Regalado: We need to have an early voting precinct. Chairman Teele: Eighty-eight percent of my district is Democratic. Commissioner Regalado: No. We need -- Chairman Teele: Where are my people going to be voting early? Commissioner Regalado: We need to choose them -- Vice Chairman Sanchez: Usually, it's at the Clark Building, right? Chairman Teele: Huh? Vice Chairman Sanchez: The Clark Building? Commissioner Regalado: No. We need -- you need to give us, on the next -- on the 22nd, a list of places that could have a connection to the County in the City ofMiami, so the City Commission will choose early voting sites for the March Presidential Election. City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: Tomas, what I'm saying is, I'm not sure that you should say that we get that, because if the Supervisor of Elections, who is the elections -- Constitutional Officer -- Commissioner Regalado: Decides not to have -- Chairman Teele: -- decides not to do it, there's nothing we can do. Commissioner Regalado: Exactly. I understand that. I understand that, but if they -- Chairman Teele: And I can tell you, in my district, they're not going to have any place in Liberty City. What they're going to do is have a place in the County -- Commissioner Regalado: In the Caleb Center. Chairman Teele: -- at the Caleb Center. Commissioner Regalado: No, but that's the thing. We can -- Art, we can decide a site if we just pay for the connection to -- with the computers. We can have any site we want. That's the thing that I'm talking about. Chairman Teele: Well, I'm in full agreement with you, that we need to understand and we need to get hands-on and expertise that's working staff -to -staff and not department -to -department so that we can be a part of that. I would just offer to you, Commissioner, and to Priscilla, that would very much appreciate a site within the City that is not redundant to what the County is doing, and it would seem to me that the Hadley Park facility would be the appropriate facility. It concerns Little Haiti and -- Commissioner Regalado: If you all want, I'm going to start meeting with Priscilla and the people from the Elections Department, and I'll bring on the 22nd -- Commissioner Winton: That will be great. That will be real great. Commissioner Regalado: -- a list of possible sites, throughout the City, for the March Presidential, and then we'll do -- Chairman Teele: Great. Commissioner Regalado: OK Commissioner Gonzalez: Mr. Chairman. Chairman Teele: That's great. Commissioner -- Commissioner Regalado: No. Mr. Chairman -- oh, I'm sorry. Commissioner Gonzalez: I have to agree a hundred percent with everything that has been said here, because I notice that there were problems on the tabulation of the precincts and the votes, and my office requested from Planning numbers in each and every disfrict on the last election, and what Planning did is that they sent me a map -- to begin with, when they made the last changes -- on my election in 2001, I only had 21 precincts. On the new configuration of voting precincts and all that, now I end up with 32 precincts, and State Representative, Manny Prieguez, for whom I have complained twice, three times, he's a State Representative and he has 31 precincts, so I can understand how me, being a Commissioner of one disfrict, of the City of Miami, have 32 precincts, so I hope that, for my next election, all of this get squared away City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 because I'm going to go crazy, and each one of you, I'm sure, are going to have exactly the same problem. You know, the City supposedly had -- I think it was 98 precincts, right, total City? Ms. Thompson: This past election, we had 121. Commissioner Gonzalez: But before. Chairman Teele: 112? Ms. Thompson: 121, the prior -- Commissioner Gonzalez: See what I'm telling you? Ms. Thompson: Before this one -- no, we had less than -- Commissioner Gonzalez: Before we had 98 -- we had always had in the City ofMiami 98 precincts. Ms. Thompson: Correct. Commissioner Gonzalez: Now we have 100 and plus precincts. I don't know where these precincts came from. I tell you, it's a total mess, so, yeah, Commissioner Regalado, I believe that it's very urgent that we get somebody, you know, to work on this problem, because -- Chairman Teele: But I really do think you hit the point. You went to the Planning Department, and I really think the problem that we have in this City is that departments tend to do things alone. This should not just be on the Clerk's responsibility. This should be with the Planning Department and the ITD (Information Technology Department) Department, where the maps are done, and even the CityAttorney's Office should be involved because they've got a database, that we've just hired a firm to do a whole database for us, that designed all this, right? As a result of the redistricting, didn't your firm hire -- did they come in with the detailed maps and database? Alejandro Vilarello (City Attorney): Yes, they did. Chairman Teele: But they were paid by the Law Department, right? Mr. Vilarello: Yes. Chairman Teele: So, what I'm saying is that the Law Department's involvement, the Planning Department, the ITD, as well as the Clerk's Office, with the Clerk taking the leadership, we need to do it, but we need a different skill set in the Clerk's Office, and maybe we should move on, so - Commissioner Winton: I would vote in favor of that idea. Chairman Teele: Further discussion? All those -- we voted on his motion -- on yours? Ms. Thompson: Yes, sir. Chairman Teele: I vote 'yes." NA.2 04-00015 DISCUSSION ITEM Discussion regarding joint meeting with School Board City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 DISCUSSED Note for the Record: Chairman Teele reiterated the notion that the City and the School Board should have a joint special meeting to discuss the challenges that face both the City and the School Board before the state legislature meets for their session. Chairman Teele: All right. Mr. Manager, one of the things that we had discussed before was a discussion with the School Board. I would like to renew to the Mayor through you the notion that perhaps the City ofMiami and the School Board should have a joint meeting sooner rather than later, before the legislature gets in. I know that last year, there was a lot of actions in Tallahassee going back and forth, and I really think if we could have a special meeting and sort of talk about the challenges that we both have; that is, the poorest City in the nation has, obviously, the school systems that have the problem, and would say, clearly, that am the district that has more "F" schools than any other district in the State. We've got - what? - three "F" high schools out of five or six in the whole state, so we need to think - Commissioner Winton: Four of the five "F's" are in the City ofMiami, one "D" and four "F's. " Joe Arriola (City Manager): Commissioner - Chairman Teele: I don't know if that's helpful or harmful, but I'll tell you this: Whatl don't - what I'm afraid of is this: There's a lot of potential for mischief regarding unions, teachers' union, the policies, et cetera. The notion of having charter schools and municipally sponsored charter schools right now is something that is going on very well among affluent communities. Pembroke Pines has one of the most beautiful schools in the State. It's a City school, charter school. I know there has been some discussion going back and forth on this. I just would like to be on record as saying I don't think we should engage - I think we should have an open dialogue with the School Board before the session begins, as opposed to some things getting up in Tallahassee, and start getting discussed, and then it looks like we ambushed them. And I don't know how you feel about it, butt really think it's important that we - Mr. Arriola: Yeah, I feel very strong about it, and I will set it up. I will tell you that we have very much ongoing discussions to the point that - I -had a long conversation with Merritt Stierheim yesterday on the phone, and we're going to meet very shortly. Chairman Teele: It's a new year. Mr. Arriola: Yes. Chairman Teele: This is a new year. Commissioner Winton: 2004. Mr. Arriola: I know. Commissioner Winton: Let the record show. Mr. Arriola: I know that, but that's OK. You know, we need to work together on this thing, and one of my biggest concerns, as you know, you've been reading about all this money going back to the State, and our cities need about forty million dollars worth of maintenance and repair, and because the School Board and the Oversight Board decided to make this kind of their own personal vendetta and war, our kids are going to suffer, and I offer - the Mayor and myself and actually even recruited the County Manager, George Burgess, yesterday, to be the middle ground - kind of like the - hopefully, the cooler heads - to make sure that this money does not go away. Merritt was very much in favor of it, and I've talked to some board members, and I'm City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 going to continue this conversation, because I think our kids are the ones that are getting killed over some incompetency in both sides of those boards, and anything that the City can do, I think we should jump at it, and even though it's like you all are saying, it's not our job, it is our job, because they are our kids, and we really should do something about it, and I think we're going to do something about it, and I'll stay on top of it and keep you informed. Chairman Teele: All right. NA.3 04-00016 DISCUSSION ITEM Discussion concerning proposed baseball stadium at Orange Bowl 04-00016 presentation 2.pps MOTION (*) Option A: The existing Orange Bowl to be reconfigured to be used for football, soccer and baseball. (*) Option B: The Orange Bowl to be reconstructed with dual stadiums sharing storage area; one stadium for football, one stadium for baseball. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to instruct the City Manager to convey to the Florida Marlins the interest of the Commission on proposed dual stadium scenario (Option B) and to work with all parties involved to explore Option B and if there is no funding for said scenario, then to explore the one stadium for dual use scenario (Option A); further directing the Manager to bring a status report at the next Commission Meeting on this issue. Note for the Record: Chairman Teele stated that there may be a need to call a Special Commission Meeting related to a revenue stream for this project before January 22, 2004. Chairman Teele: All right. So we're down to virtually two items in the -- Do we have the Mayor? Mr. Manager, how do you want to proceed? Joe Arriola (City Manager): Well, I would love to do my waste thing and get it over with, so we could have all the time in the world for the next discussion, which is going to be very interesting. Chairman Teele: But the Attorney said you need to draw up some documents. Mr. Arriola: No, it - Alejandro Vilarello (City Attorney): There is a document that needs to be - it's changed from what was presented today. Mr. Arriola: It's one word. Mr. Vilarello: It's a minor change but - Commissioner Winton: Well, do baseball. We're going to be - Chairman Teele: Let's do baseball and get the people out of here. Commissioner Winton: Yeah. Vice Chairman Sanchez: Play ball. City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Winton: OK, who's doing the presentation on baseball? Mr. Arriola: Let me get the - oh, there he is. I was just going to say. Chairman Teele: Coming in from the on deck circle. Mr. Arriola: The on deck circle, sir. Unidentified Speaker: From the bull pen. Vice Chairman Sanchez: Batter up. Mayor Manuel Diaz: Thank you, Mr. Chairman. The way we'd like to proceed is that I'd like to make a statement, and then we'll have our consultants come up, and then, obviously, anybody else that wants to pipe in. So with your permission. Chairman Teele: Please, Mr. Mayor. Mayor Diaz: As with so many Miamians, I, too, love baseball. It was my youthful passion, and in speaking with each of you individually, I know that you have an appreciation for the game, and that you clearly understand the pride that it can bring to a community. I am convinced that each of us would love to see the Florida Marlins become the Miami Marlins, and play in a venue within the City ofMiami. I sfrongly believe that Miami and baseball belong together. Baseball belongs in Miami. Notwithstanding this enthusiasm, all of us, I believe, recognize that the sport of baseball is America's pastime, but the game of professional baseball is a business. Therefore, sound, common sense business principles must be applied in analyzing any potential stadium deal. In our case, business prudence is all the more significant, because we, as elected officials, are entrusted with the public's money. As elected officials, we have many responsibilities. The security of our residents, keeping our streets clean, the collection of garbage, providing open and active green spaces and parks and adequate housing, just to name a few, butt sfrongly believe that our paramount obligation is to tell our residents the truth, to be honest, and transparent, and forthright with the taxpayers, regardless of whether that new is good or that news is bad. During the past two years, this Commission, this administration, all of our City government can take pride in the fact that we have been forthright and transparent. I believe that we can take pride in the fact that we have helped to restore public confidence in Miami's government, as evidenced sfrongly by the vote of confidence we received this past November, receiving voter approval on the three referendum issues. The City government has also added a component long missing from the City governments of the past - proper planning and visioning. It should be abundantly clear to all who are watching that we deliberate not just for the present. That would be easy and was typical of the Miami of the past; the Miami that left us with a virtually empty, under-utilized arena, which is an eyesore, carries a huge debt, and has done absolutely nothing to revitalize the neighborhood in which it sits. In fact, I would argue that the arena has had the opposite effect, serving as an impediment to revitalization of its neighborhood. The new Miami analyzes issues and makes decisions not just for the benefit of the people we represent today, but for future generations ofMiamians, as well, so we recognize that the Miami of ten, 20 and 30 years from now is being shaped by the decisions we make today. As we go forward in our discussions today and in the future with regard to this issue, let us also adhere to and continue to be guided by these two fundamental principles, which have served to distinguish this body, openly discussing and setting forth all of the facts, honestly, forthrightly and transparently. Let us also wisely use this opportunity to look at the future, to debate and create a framework for moving our City forward and creating a snapshot of the kinds of City assets that we will pass on to future generations, and as we consider the future of our City, let us create a vision where we will revitalize a regional - not just a City - crown jewel known as the Orange Bowl; preserve our longstanding relationship with our beloved Hurricanes; revisit the role of our Sports and Exhibition Authority; build a first class soccer stadium, which may give us a very City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 real opportunity to secure a major league soccer franchise, as well as to continue to host many other international soccer matches; and finally, create a much needed first class high school stadium that Commissioner Teele has referred to, but first, let's talk about the facts. This is a real challenge, because to date, we have been dealing with a lot of misinformation or less than a complete picture. Fully explaining this very complicated business issue in a ten- to 30-second sound byte, or in two columns of print media is difficult, if not impossible. As such, with those time and space constraints, we have first been told of the fact that the stadium can be built for three hundred and twenty-five million dollars. Our consultants will tell you today that based on their vast experience and based on stadiums that are being built around this country today, they do not believe that this number is possible, but even if we were to assume, if we were to assume that this number is correct, it is also important to note that it does not include a number of items, such as debt service, land cost, infrastructure improvements, including parking, just to name a few. When it is all said and done, the real cost of what is proposed today is likely to be in excess of four hundred and fifty million dollars, and more likely, possibly over half a billion dollars. Next, much has been made of the financial contributions that the City or the County ought to make towards the construction of a stadium. Fact is that government do not tap into their general budgets to fund stadiums. Rather, public funding for stadiums is derived from the public, through the use of various taxing sources, sales taxes being the most popular method used. Other sources have included a rental car tax, food taxes, cigarette and alcohol taxes, and, as has been proposed by the County, hotel and bed, and tourist -related taxes, and, by the way, these funding sources in other cities are invariably brought to the public for their approval, something which this Commission is strongly on record supporting. It would be absurd, absurd to suggest that either the County or the City should tap into their general budgets and write a check to fund the proposed stadium. I would not support such a move, and I assume that neither one of you would, as well. The team contribution is another area that needs clarification. The number reported to date has been a hundred and thirty-seven million dollars. First, it is important to note that this is not an up front payment;; rather, these are numbers that are paid over a long period of time - typically 20 years - to help pay for the bonds that governments will issue and become responsible for. This payment stream is not guaranteed, not really, and ultimately, it will have to be paid by the taxpayers of our community. It is also important to note, and you may hear later that our own independent financial analysis suggests that this payment stream will produce significantly less than the amount that's been reported to date. Incidentally, the last two baseball stadiums in this country have enjoyed a much more significant private team contribution. The new St. Louis Cardinals Stadium is being built exclusively with private funds, and the new Philadelphia Phillies Stadium was built with 50 percent private up front funds. Finally, let us look at the issue of siting. Finding this much available land in any urban setting in America today is not easy. Fact is, there's a frend in many American cities to build new stadiums and arenas on sites where stadiums or arenas for other sports already exist. Obviously, with available land at a premium, coupled with a significant savings from a shared infrastructure, this approach makes a lot of common, if not to mention business sense. During the past ten years, American cities have gone through a rebirth. The urban core has been revitalized as a result of millions of people leaving the suburbs and moving back to the urban core. Miami is no different. The last time this issue was being discussed, just two and a half years ago, we were only talking and dreaming about redeveloping and revitalizing our urban core, downtown Miami, the river, the Omni area, Wynwood, Park West and Overtown. Today, this is no longer a dream. It is a reality. As a result, the potential sites that were seriously discussed two and a halfyears ago - the river, Arena West, Arena East, Wynwood, Buena Vista are in private hands or about to be, are already under development or about to begin, and their values, I don't need to tell you, have grown dramatically. Even if these sites could be assembled, this process would take a very long time and come at a very steep price, in some cases, in excess of a hundred million dollars. Thus, it is apparent that these sites, from a practical and/or financial perspective are no longer realistically subject to consideration. One site does, however, remain viable - the Orange Bowl. During the past several months, but most intensely during the past two months, the Manager, Ms. Haskins, Otto Boudet from my office and several others and I have been working very intensely to come up with a package to move the Marlins to City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Miami. We have had numerous meetings with the team, community leaders and the County. In fact, I would say that the County Manager, George Burgess has been absolutely phenomenal in working with us in this process, and has really been a partner to us in this process. We have performed multiple financial analyses. We have done extensive research on the 15 stadiums that have been built in this country within the last ten years. We have also worked with the consultants that you will hear from today. Not only have they worked with us in the proposed redevelopment of the existing Orange Bowl, but think it's also important that you know that they were the City's consultants two and a half years ago on this very same issue. Several weeks ago, we asked them to give some thought to a dual purpose Orange Bowl. We also asked them to consider a second baseball only stadium on the existing Orange Bowl site. After hearing their presentation, I think you too will agree that this is a plan worth considering if we want to keep the Marlins in South Florida, and in particular, in Miami. This plan can work. I believe we can make this happen, and in so doing, execute on the vision which I described at the beginning of my statement, while at the same time, and more importantly, protecting and safeguarding the financial integrity of our City, as well as its taxpayers. Thank you, Mr. Chairman. Chairman Teele: Thank you very much, Mr. Mayor. Mr. Mayor, you touched upon - you touched upon MSEA (Miami Sports and Exhibition Authority) when you went down a series of things. I think you are well aware that there's been discussion probably over the last seven or eight years about MSEA being more of a participant in the financing of a stadium. Are you envisioning, perhaps, in the future a role for MSEA, a positive role for MSEA in this regard? Mayor Diaz: Absolutely, I am, and, in fact, even with respect to - we've discussed the potential of expanding the scope ofMSEA to include the management of the Orange Bowl, for example, so, yes, I think there is a role in the future, and that's why I think this gives us the opportunity, while we sit back and analyze all these issues, to bring that to the forefront, as well. Chairman Teele: And the final - we're operating, as I understand it, under a very real time line as it relates to the County and the team. Do you - it is your view that we can accomplish this within the time line? Mayor Diaz: I believe we can. I believe with the spirit that exists, really, with respect to the team - I mentioned George Burgess in the County; obviously, our Manager, myself and anyone else, I think there's a real desire to make a deal happen, and so I think it can be done within that time limit. Chairman Teele: How would you like for us to proceed at this point, Mr. Mayor? Mayor Diaz: I think it would be important if you heard the presentation, and now, unless the Manager wants to say something, but otherwise, to bring the consultants in and have them present to you what they've looked at. Chairman Teele: One moment. Are there any comments or questions? Would anyone like to be heard? Vice Chairman Sanchez: I'm going to reserve my comments till after the presentation. Chairman Teele: OK. Mr. Manager. Mr. Arriola: Well, that's precisely whatl was hoping for, is let them make the presentation, and then they will not only make a presentation, but they're also going to go through some ideas and - management ideas and things like that, and then I think that we should ask the questions all at one time, and they're delighted to answer any question, andl'm, you know - Chairman Teele: All right. Very good. City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Mr. Arriola: Unfortunately, I've become an expert on this one, so I'm available to answer. Chairman Teele: All right. Would you call up who you'd like to -- Robert Dunn: Good afternoon. Thank you, Mayor Diaz. My name is Robert Dunn. I'm a partner with the Hammes Company. With me today is my associate, Stuart Zadra, who is one of my partners with the firm. I'd like to give you a brief introduction and background on some of the work that we've been doing. From there, talk briefly about the work that we've done at the Orange Bowl, and discuss some of the ideas that we have going forward, and at the conclusion of the presentation, I'd be happy to answer any questions that you might have. Just in the way of background, our firm has been working with the City and with the University for just over a year now in a very detailed evaluation of the Orange Bowl, mostly to look at what are the opportunities for improvements to the Orange Bowl, addressing issues and concerns that both the University and the City have with the building going forward, ways in which we can improve revenue within the building, as well as ways that we can find operational efficiencies with the building, and I'm pleased to say that -- as we near completion of our report -- I think what we've found is a very exciting opportunity to take a building that has what would describe as very real functional obsolescence, very real operational issues, very serious constraints as it relates to the revenue that you would expect a building like that to be able to achieve on an annual basis . The plan that we've developed, I believe, can address all of those issues, and really make the building whatl think most people would like it to be, which is really one of the top buildings for collegiate football in the country, as well as soccer and other events. Much like the work that we've recently completed at Lambeau Field in Green Bay, Wisconsin, where we've undertaken a very significant redevelopment of that project. I think some of the things we've accomplished there, in terms of really creating a new standard in the NFL (National Football League), I think many of those things could be done with the Orange Bowl here and accomplish the same level of expectations for collegiate football, so we're very familiar with the building. I feel comfortable talking about what some of the issues are there; some of its problems, and at the same time, some of its opportunities. As the Mayor said, we've been involved here in Miami for a considerable period of time, dating back to the last series of discussions that occurred with respect to baseball here in Miami. As you may or may not recall, I appeared before you a few years ago and presented some of the discussions that were occurring at the time on sighting of a new ballpark here in Miami. To talk specifically about the Orange Bowl, I'd like to walk through a presentation that we put together. Over the last year, as I said, our focus really entirely has been on where we take the building in the future, really to serve the University as its primary tenant. While we've had some discussions at times about baseball, I can't tell you that it's been a focal point of our analysis. Very recently, the Mayor and the City Manager asked us to reflect upon the work that we've done over the last year, and begin to think about ways in which the building might work for baseball, as well as football. There was some work that was done a little over a year ago, that was just very general in nature, to begin to look at could you put a baseball footprint in the building. We went back to that work,• evaluated it quickly, and that is the first alternative that we'll speak about today, what we call Scenario A, which is essentially to take the building in the condition that it's in today and look to make it a dual purpose building. You'll see that there are certain issues and limitations to the building for baseball that are very real, and we'll talk about some of those as we go through the presentation. As we begin to look at that alternative and really study and understand many of the constraints that exist trying to make a building that's designed for football work for baseball, the Mayor put the challenge to us to open up our thought process and see if we can't find other alternatives that might be worth considering that would be suitable for football along the lines of the study that we've completed, or nearly completed with -- and to create a situation for baseball that would make it an acceptable, suitable state-of-the-art facility for baseball, and we've come up with an idea that, at first pass, took us some time to reconcile all the issues that we felt would come into play, but as we've studied the alternative a bit more and undertaken some design efforts, I think, in many respects, it's a very interesting and exciting alternative that is worth serious consideration, where City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 we could address both football and baseball, with a major redevelopment and expansion of the Orange Bowl, and that's what we refer to as Scenario B, which we'll go through in a certain amount of detail. The concept of designing the Orange Bowl, which this photo shows you the building essentially in the condition that it's in today, is structurally -- I would describe it as an extremely difficult alternative to make work, and the reason that I say that is if you look at the building as it's shown in the photograph here and you fry and imagine the impact that a baseball field would have on this building, in effect, what ends up happening is you have to completely reconstruct the lower seating bowl simply to fit the geometry of a ballpark inside this stadium. As soon as that occurs, you're undertaking a major structural upgrade to the building, and along with that, you have to then put in retractable seating, which is technology that's available today. You're using it locally here in the stadium where the team is playing today, and it's been done in a number of buildings over the years that are dual purpose buildings. However, it's not an optimal solution for either baseball or football. The second issue that you come to -- have to consider is the impact on site lines, and that ultimately translates to an impact on revenue, again, to both teams. As soon as you begin to change the geometry of the building for one sport versus another, it has a very serious impact on the revenue capacity of the building, and then as you begin to work through the many issues that come into play -- as you think about how are you going to operate the building for both football and baseball, dealing with having the widened concourses, replacing all of the services that exist below the seating bowl that would have to be replaced, rebuilt -- when you begin to change the geometry of the seating bowl, you lose toilets, you lose concessions, you lose much of the back of the house that exists inside the building today. What it causes you to have to do is to radically expand the size of the building in order to accommodate all the services and facilities that have to be there to support not only baseball, but football, which has a much larger capacity, and I think, just to summarize the analysis that we've done at a very, very high level, I believe the conclusion that we've come to with respect to the idea of trying to impose a baseball footprint on a football building, in many respects, is that it's feasible. It can be done, butt would describe it as being impractical. I think, when all is said and done, what you would end up with is a project that would cost somewhere in excess of two hundred to two hundred and fifty million dollars, and in many respects, it would probably, at best, be a temporary solution for baseball, which is an extraordinary amount of money to invest for a temporary solution for any baseball franchise anywhere in the United States. Once we had gone through that analysis, we fried to step back further and evaluate, is there a more modest plan that you could consider to adapt the building truly in a temporary scenario for baseball? I'm certain that the answer is yes to that question, but I think, as you begin to step back the capital investment, perhaps, down to a hundred and twenty, a hundred and twenty-five, a hundred and fifty million dollars, and I would just ask -- these are very general numbers. I don't like to speak generally about cost, but I think it's the best way to fry and understand this in an order of magnitude sense. As you begin to step down and look at a significantly lower level of investment, I think you radically compromise the revenue potential of the building for both sports, and that doesn't even begin to address an issue that I think is a fundamental concern that has to be understood, which is the impact on the football team for schedule purposes going forward. The complexities of trying to operate a building today as a dual purpose building with a changing nature of the operations of the building -- game day fluctuates every season on a recurring basis because the broadcast aspect of sports today, in many respects, dictates the schedule, and I think that ultimately is an issue that has the potential to cause great compromise, again, for both teams when you begin to think about the fall season for football, and the potential to be in the playoffs with baseball, so, generally speaking, I think the idea of taking the Orange Bowl and making it a dual purpose stadium would be an extremely difficult objective to try and realize, and I think, ultimately, there would be more compromise than there is solution. That, at a high level, what I would define as sort of a macro level, is the analysis that we've done in this -- what we call Scenario A. Scenario B is, in some respects, a radically different idea in terms of how to take advantage of the existing infrastructure that exists with the Orange Bowl. One of the things that I would suggest to you that is a lesson learned, having done a number of these projects throughout the country is, the end of the day, these are really very inefficient buildings when you measure their ability to generate revenue over the course of 365 days a year. City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 These buildings are really utilized hours in a year, not days, not weeks, not months, but, really, hours in a year, and one of the things that we've done very recently on a number of professional stadiums, is to look for ways that we can take core infrastructure that is built to support game day and try and find opportunities to better utilize that infrastructure, both to support the operation of the building, as well as to heighten revenue, to create a better fan experience, and ultimately, to generate a higher rate of return on the investment that goes into these, which is significant, and to heighten the rate of return for both the public and the private side of the ledger, and I think the concept that you'll see is an interesting approach to how we might be able to take the infrastructure that exists within the Orange Bowl and to leverage a rate of return beyond what the building can accomplish today or in the future, and in doing so, find a permanent solution for both collegiate football, and with that, soccer, as well as major league baseball. The notion that we came up with, or the concept, is essentially to take the site as it exists. The footprint that you see in orange is essentially the footprint of the Orange Bowl today, and our idea was to marry to the Orange Bowl a new stadium, in effect, that could be constructed for baseball. In our work previously, several years ago, we studied the Orange Bowl site really in two ways. One was a concept to acquire a substantial amount of abutting property, and essentially, to build a second stadium in the location of the Orange Bowl. The disadvantage with that strategy at the time, more than anything else, was there was a significant land acquisition cost and certain infrastructure issues that we had to deal with. At the same time, we had looked at the potential of replacing the Orange Bowl several years ago and building a new ballpark there, and for obvious reasons, that as a concept was not pursued. The idea here is really to try and capture the best of what exists with the Orange Bowl and make it a state-of-the- art building for football, and along with that, as I said earlier, to satisfy, in a long-term manner, the needs of the baseball franchise as it relates to a stadium, and I'll try and describe for you the general concept that we came up with. If you look at the inner section of the two buildings, that area that's sort of a darkish gray, the idea that we came up with was that is the zone in which we would look to basically locate all of the shared infrastructure that I spoke about earlier. If you ask me what does that mean, essentially, that would be your "back of the house" operations; your food service, your storage areas, your locker rooms, your mechanical plant. The things that you need to operate any stadium that we refer to as "back of the house." We would look to locate in that zone because, in our plan for the redevelopment of the Orange Bowl, we have to rebuild much of that. To the extent that you were to build a new ballpark here in Miami, you would have to build all of that. The notion that we came up with here is, let's build it one time, which has both capital cost advantages, as well as operational cost advantages tied to it. Above and beyond that, we came up with an idea that I think has very significant potential, which is in the upper region of that zone, to build vertically what I would describe as a premium seating tower. What I mean by that is, we would construct a tier of suites and a tier of club seats, which, in many respects, is the type of inventory that is desirable to teams today, and really, in many ways, it's one of the significant drivers of why new ballparks are being built -- is to capture that type of premium seat revenue, and to create a fan amenity that supports the team on a long-term basis. The idea here was, if we constructed that along a common wall, if you will, is that those premium elements could then be shared between the two buildings, and what we like about that idea is, the site line that it could give us, which is ultimately a key determinant that will drive premium value, I think in many respects could be enhanced here, both for football and for baseball, particularly so for football because what it would allow us to do is to bring the premium seating for football significantly closer to the field than we're able to do in the current redevelopment plan, where many of the premium elements have to exist more toward the back of the seating bowl, and I would suggest to you that these premium seats for football would be located as close to the field as any premium seats in a major collegiate football stadium today, which I think will significantly height -- has the potential to significantly heighten their value. For baseball, I think we can create a scenario where you've got all the advantages of the seating bowl geometry that we've seen in other stadium designs, and a concentration of premium seating in a way that we can also potentially enhance the premium seat revenue in the ballpark. The ultimate advantage, from a marketing and operational standpoint, is the dual use aspect. We have a better, more complete premium product that we can offer for football, and I believe the City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 same will hold true for baseball, as well. Beyond that, I think one of the distinct advantages that we have seen where we've used this idea in other stadiums is from an operational standpoint. One of the things that makes these buildings very difficult to operate nationally is where you've got things -- these buildings are so large, you tend to get things spread out over a very large area. Here, it gives you the ability to really concentrate the core elements of stadium operations in a single vertical zone, and we believe that has the potential to offer some real operating cost advantages over and above what you would get if you were to design the building with a typical symmetrical seating bowl, and spreading your premium seating throughout the seating bowl, so that's sort of the genesis of the idea, is to create a shared element and to take advantage of that shared infrastructure to drive down capital cost, to drive down operating cost, and potentially, to heighten revenue. Beyond that, what you begin to see is, from a football standpoint, we have a much easier redevelopment for the Orange Bowl than what we have to deal with currently, where we essentially have to build around the entire building. This would give us the ability where we could, in effect, upgrade the general admissions seating bowl, in effect, down one sideline, and in the end zone, which allows us to pare back on some of the capital expense for the Orange Bowl. On the baseball side of the ledger, I think most people would look at the seating bowl, as it's shown in blue here, and it generally looks like most ballparks, and in nearly every respect, it is. I think there are certain advantages with the design that you see here, and there are potentially some disadvantages with the design that you see here, but frankly, that holds true on any project I've ever worked on. There are opportunities and there are limitations on any site that you build on, particularly, when you get into building something as large as a ballpark, and really, the idea that we came up with that we like, as we think through this, is the idea of making this entire complex a park, and as a park, when you're playing baseball, take advantage of the Orange Bowl and the public space that exists there on game day such that we can have a greater amount of space and a greater package of amenities for the baseball customer, and on the flipside, when football's playing in the building, to take advantage of the ballpark in a similar way, and I can't tell you that we've done a complete design study, but think some of the things that we've done recently in the National Football League and other projects that we're working on today, I see some real opportunities to take advantage of the uniqueness of this project in a way that, ultimately, I think you could realize a substantial cost benefit versus basically dealing with two projects, and as I said earlier, very significant operational advantages, as well. The next slide gives you a little bit more of a three dimensional perspective, and I can't tell you that this is, you know, a perfect design. It's not. This is something that's been done very, very quickly, really for the purpose of trying to understand can the geometry of the building, or the buildings, coexist together? I think what we're beginning to learn is that within the framework of the site that you control today, that there is the potential for the two buildings to coexist on this site. At first, we weren't sure that we could make that work and maintain the field dimensions that you would need for baseball, but having gone through this study, I think we've concluded that while it's challenging and it's tight, I think that it's fair to assume that the geometry of both buildings and the field that you need to support the operation of both buildings can be maintained and we can create the fan structure and the fan amenities around the two fields in a way that you're not compromising either, but perhaps, creating opportunity on both fronts, and that's really what this study was about, was just to test an idea and to see could it be made to work, and I believe, based on our preliminary analysis, that it is possible to make the idea work and to take some of the common elements that described and realize those results if we were to get into a more involved study, so to sort of capture the essence of the argument, as I said earlier, I would be extremely concerned about venturing down the path of trying to redevelop the Orange Bowl as a dual purpose building. I think there's just tremendous obstacles with doing that. I'm very comfortable that if the City should choose to go forward with the redevelopment plan that we have for the Orange Bowl as a football building and for soccer, I'm very confident we can make that work and to meet the expectations that we've met in our study. The idea of trying to accomplish what we've shown you in Scenario B here, where we marry the football and the baseball use together, I think has tremendous potential and opportunity. I think it's something that requires much greater study and analysis before we can conclude what the real alternative City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 might be to join these buildings together. To talk just for a minute about a new ballpark, we spent a good deal of time in the very recent past and quite some time ago studying the ideas of a new ballpark here in Miami similar to the type of work that we've done elsewhere, and as the Mayor touched on earlier, I believe there are a number of issues that have to be carefully evaluated and considered when you begin to venture down this path of building a professional sports venue, as you've done here in the City in the past. As I think we probably all know, the case history on these projects is not all good. These are very large, very complex projects. Cost overruns are something that is not uncommon, and there's -- there have been some tremendous success stories written about the development of these projects, and there have been some very serious failures that have occurred with these projects. As I tell many clients, both public and private, I think the stage that you're at now is the stage that defines success or failure on a project like this. Too often, what we've experienced coming into projects like this is decisions get made at this stage that, perhaps, aren't thought through or understood in the level of detail that they need to be understood to have the information that you need to make good, fundamental decisions going forward, and as we've talked about the idea of a new ballpark here in Miami, which is a tremendous objective -- you know, my stake in life is to get these projects done. That's what I get hired to do. I think there -- as I said, there are successes and there are failures. Some of the things that concern me, as we've talked about the potential for a new ballpark here in Miami, I would like to speak about just very quickly. Number one is the obvious issue of cost. The Mayor mentioned the idea that the ballpark has been discussed as being potentially a three hundred and twenty-five million dollar project. I think I have a pretty good feel for what these projects cost around the country. We did a fairly significant in depth analysis a number ofyears ago when we were looking at the concept of a retractable dome ballpark here in Miami. At the time, the number that was being discussed was three hundred and eighty-five million. That was a number ofyears ago, and at that point in time, we expressed exfreme concern that that budget was not sufficient to build the type of building that was being contemplated at the time, and there are a number of reasons for that. I'm more concerned today, given the fact that we're several years further down the line, and probably a number of months, if not years, before a new ballpark would be to a point where you could start construction, and it's very difficult for me to understand how we get from a concern at 385 a number of years ago to a point several years forward at about 20 percent lower cost, and still be confident that a ballpark can be delivered at that cost, and let me just qualify those statements for a minute because, you know, my job here today is not to say that something can or can't be built for a particular number. You can build a building for just about any cost, but the question the end of the day, is it the building that you need to support the use going forward? That's the ultimate issue that has to be reconciled, and the reason that I get concerned when I hear a number like three hundred and twenty-five million dollars is, first of all, you have to back off of that number, what we call development costs, which can range anywhere from 20 to 40 percent of the total project cost, but when you move off that number, suddenly, you're down in the neighborhood of let's say, 240, two hundred and fifty million dollars for the cost of building the building. When you then reflect on the fact that the building, as it's been discussed or as it's been thought about in the past here, has a potential to have a moving roof on it, that is a substantial cost to a project, not just to put the roof in the air and make it move, but it has a substantial impact on the mechanical systems, the structure, everything that goes into the building, and when you begin to peel away the layers of cost on something like this, I don't believe that three hundred and twenty-five million dollars is an aggressive number to build a ballpark. I believe it's an extraordinarily aggressive number to build a ballpark that has a retractable roof and is heated and cooled anywhere in America. Having said that, I won't say it can't be done, but I would urge you to use exfreme caution going forward to understand what is the building that's intended to be built for three hundred and twenty-five million dollars. Oftentimes, what happens at this stage of a project is people begin to define their program in a way that it's believed to offer cost advantages. I've gone down this path myself many times. You start off by saying, let's build the tightest seating bowl that we can build. Let's build fewer seats. Let's build the tightest program of any ballpark in major league baseball. Most ballparks today probably have a million, two hundred thousand square feet. You start to say to yourself well, let's build something that has 800, 900,000 square feet, and those City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 are all very important issues to consider and look at and to evaluate, but that's a very detailed study. You can't formulate opinion on cost until you've done the level of detailed analysis that you need to do to understand cost, because what happens is you quickly realize we're going to build this building, in this case, likely, from the ground up. We're not going to drop the seating bowl on the ground. Well, when something like that happens, all of a sudden you're building more structure. You need ramps. You need stairs. You need things to move people to the upper concourse. Well, that is in direct conflict to the idea of trying to make the building a smaller footprint, so as you begin to get into this analysis and learn the realities of what it would mean to try and build, let's say an 800,000 square foot, 900,000 square foot ballpark, there are more obstacles than there are opportunities. Many people have gone through these same exercises looking for good answers to drive cost down. We all know this will not be the first ballpark to be build in America, if it were to be built, in the recent past. There have been a lot of lessons learned on these projects. I'm all for new ideas, and I think we've shown you a very intriguing idea today, but there are certain things that are tremendously risky that ultimately can drive up costs. Beyond that, just taking the three hundred and twenty-five million dollar number as an example, it's important to understand total cost. Total cost is the ultimate question because you need total sources offunding, ultimately, in alignment with total cost, and when you begin to look at a number like three hundred and twenty-five million, you say that's going to deliver a ballpark. Let's assume that that's correct for a minute. Beyond that, we have to consider land, infrastructure, and a number of other costs that are part of the sources offunding. Capital has to be secured and raised to support those costs. Those need to be identified, measured, understood and budgeted, and when you start with a cost to construct or deliver the building, let's say of three hundred and twenty-five million dollars, by the time you're done, based on the work that we've done here previously, I would suggest to you that there's no less than another hundred million dollars of cost, and the potential for considerably more to get to a total cost number, so, as the Mayor described earlier, I think it's very likely, very likely, under the most optimistic scenario, which is taking a number like three hundred and twenty-five million dollars and applying the other costs to it, that the starting point is going to be four hundred and fifty million dollars, butt will not tell you that I believe that that's the ending point because I think, given some time and doing the proper analysis, the likelihood is very high that the cost will be higher than that number. I think what is critically important for the City ofMiami is to understand that at this stage of the process. To allow things to go forward, to put together a financing plan, and to realize a number of months, if not years later, that the cost is going to be higher, while oftentimes, there is discussion about guarantees and ways of mitigating that risk. The end of the day, any party that has a vested interest, a financial interest in a project like this, has the potential to be compromised when there is an overrun. The concept of a guaranteed maximum price in construction, personally, in many respects, I believe to be a fallacy. You can go around the country today and study where these projects have been done under a supposed GMP (Guaranteed Maximum Price), and more often than not, there have been significant overruns associated with those projects. You know, I could go on for hours about all the reasons why, but I'm guessing that's a case study you're not particularly interested in today, but the message that I'm really trying to leave you with is, it is of the utmost importance at this stage to make sure that what is understood is total cost, and based on the information that we've been given thus far, I'm not convinced in my own mind, based on the work that we've done, that the numbers that are being discussed are representative of total cost of the type of project for a new ballpark that might be considered here, and that, I think, overall, is the greatest potential risk at this stage for this type of project, so, just to conclude on new ballpark, I think we have a good understanding of those issues here in Miami, given the work that we've done previous to this, as well as most recently. It's a tremendous objective, but it's something where I believe you need to move forward with extreme caution. With that, I'd be happy to answer any questions that you might have. Commissioner Winton: Do you have an estimated cost of option B? Mr. Dunn: We have talked and analyzed that, and the number that we are working on currently, City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 using total cost, is three hundred and seventy-five million dollars. Commissioner Winton: Which gets a new baseball stadium without a retractable roof? Mr. Dunn: Correct. Commissioner Winton: And a refurbished Orange Bowl for the five -time national championship Miami Hurricanes? Mr. Dunn: Correct. Commissioner Regalado: What is the cost estimate for Scenario A? Mr. Dunn: As we've looked at Scenario A in the manner that it's been looked at from a design standpoint, we believe it's in the neighborhood of two hundred and twenty to two hundred and forty million dollars. Commissioner Regalado: Mr. Chairman. Commissioner Gonzalez: That's total (INAUDIBLE)? Mr. Dunn: Yes. Commissioner Regalado: Two hundred -- you said two hundred and -- Mr. Dunn: Two hundred and twenty to two hundred and forty million. Commissioner Regalado: That is your view. I mean, you know about this thing, of course, but that is your view. That's including maybe cost overrun and everything? Mr. Dunn: Yes. Commissioner Regalado: That's Scenario A, which is integrate baseball as a short-term use, as you described it, and the `B, " Commissioner Winton asked you, is three hundred and seventy- five? Mr. Dunn: Correct. Commissioner Regalado: To build a twin stadium. Mr. Dunn: Yes, without any type of roof structure overhead. Commissioner Regalado: I know you've been -- I remember you from two, three years ago, right, that you came. At that time, the twin stadium scenario was to buy like 32 properties around the Orange Bowl? Mr. Dunn: Yes. Commissioner Regalado: Something like that. Mr. Dunn: There were at least that many, as I recall. Commissioner Regalado: But this scenario doesn't call for buying any property? Mr. Dunn: Correct. We can -- the plan that you saw is entirely within the footprint of the City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 property that the City owns today. Commissioner Regalado: And the baseball stadium will reach like 7th Street Northwest? Mr. Dunn: Yes. Commissioner Regalado: What happens if somebody hit a homerun, would it hit on 7th Street? Vice Chairman Sanchez: They get free tickets to the next game. Joe Arriola (City Manager): If somebody could hit a 700 foot homerun, let's sign them for a lot of money. Commissioner Regalado: I don't -- you know, I really -- I think that the Manager and the Mayor had a very good idea of bringing you guys in, but I don't know if you understand the predicament that we have here. We -- first of all, we don't have all that money, and second, we don't want the Marlins to go, so we need to do something quick, cheap and easy. Mr. Dunn: Well, unfortunately, everywhere I travel, those predicaments exists. Unfortunately, again, I'm not sure that there is any scenario that is quick, cheap or easy, let alone all three. What -- the way that we have tried to approach this, the idea that is on the screen now, is to try to find an alternative that may be a workable alternative. I understand the fiscal constraint that comes into play here, but the way I would try and describe the general idea is, what gets you the highest return on investment, both publicly and privately, and maintains the level of financial performance that the two anchor tenants to the building will need, and they would challenge me on that, and that's a good thing because there's a lot more work that needs to be done to, ultimately, prove whether this idea, a new ballpark or any other alternative is real, but I think it's an idea that's an interesting idea that has opportunities to do, frankly, what no one has done before, and I think when you're under a fiscal constraint, it forces you to look carefully at ideas like this. Chairman Teele: Commissioner -- Vice Chairman Sanchez, Commissioner Gonzalez, Commissioner Winton. Vice Chairman Sanchez: Thank you, Mr. Chairman. Mr. Dunn. Mr. Dunn: Yes. Vice Chairman Sanchez: Mr. Dunn, I realize this is a short step in a long and complicated journey. Mr. Dunn: Well put. Vice Chairman Sanchez: Let me just start with the level of details and talk about one detail, which is the location, which I think is basically what we're focusing on today. The Orange Bowl site, as we see it and when we look at just the site itself I know the site well because it's in my district, and I could tell you that since 1990 to present day, the City has put into the Orange Bowl in repairs twenty-eight million dollars. We all understand that the structure itself being old is built out of iron, not concrete, and that iron, being that we're so close to the ocean, deteriorates every year, so every year, we're forced to put millions of dollars in maintenance into the Orange Bowl. Just to state that. I want to focus -- not to get into the financial plan, which you've stated. Now, I have a couple of questions that I would like to ask. The figure that's being tossed around, that gets my attention, is three hundred and twenty-five million dollars. Mr. Dunn: For a new ballpark. City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Vice Chairman Sanchez: For a new ballpark. That's not including the land acquisition. Mr. Dunn: Nor infrastructure. Vice Chairman Sanchez: That's just the land ballpark. Mr. Dunn: Right. Vice Chairman Sanchez: Now, being that you are the expert and we're paying you as an expert, I have one question for you. Do you think that we could build a stadium of that magnitude with that ballpark figure of three hundred and twenty-five million dollars? Commissioner Winton: He's already said no. Vice Chairman Sanchez: Huh? Commissioner Winton: He's already told us three times it's 450. Vice Chairman Sanchez: Well -- Commissioner Winton: Yeah. Mr. Dunn: Total cost. Total cost. Vice Chairman Sanchez: Total cost, so it's -- Mr. Dunn: I do not believe, total cost, you can build that building -- any ballpark with 35,000 seats or more, with a retractable roof total cost -- Vice Chairman Sanchez: Well, we're not talking about -- I mean, we've heard a retractable roof butl don't want to get into that. Just focus -- let me just focus on the site, and you've answered question. No. Mr. Dunn: No. Vice Chairman Sanchez: It's going to take more money. Now, you also mentioned something that caught my attention, which is the GMP. Mr. Dunn: Yes. Vice Chairman Sanchez: Could you explain what a GMP is? Mr. Dunn: A guaranteed maximum price is a contractual structure that, in both public and private contracting today, is a provision that is often used as a mechanism to look to secure a guarantee for the cost of construction. I used the term ` fallacy. " Based on my personal experience, the reason I feel it's a fallacy is because I believe it's misleading. Why do I believe it's misleading? The problem that occurs on many projects, public and private, is a guaranteed maximum price is secured at a very early stage of design. An owner steps back from the table, having secured something called the guaranteed maximum price, expecting a cap on the total cost. That's an expectation. You know, it's not a hope. At that point in time, you sign something that says guaranteed. I don't know too many people who would find in their world of definitions of `guaranteed" that would believe that to mean that it's something they hope to achieve, so the reason that believe it's a fallacy is I think it's very misleading to an owner, and, frankly, most owners are at fault going into a process with a guaranteed maximum price because they don't City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 know the assumptions upon which the guarantee is being provided, so there's a false expectation that gets established with a guaranteed maximum price. I'm not going to say it's a bad idea -- Vice Chairman Sanchez: We are aware of that because the Performing Arts Center, the GMP is a fifty thousand dollars over cost, so, you know, these -- Commissioner Winton: Fifty million. Vice Chairman Sanchez: Fifty million. I'm sorry. Fifty million, so these are things that we have to take into consideration. I justwanted to say that for the record. Now, another issue that I have is -- and I think it's made -- been very clear here, that any taxation that will be passed on to the voters ofMiami will have to go through a referendum. That's something that I think we -- there's a lot of details and also a lot of questions that I don't have the answer to, and I think that these three options, being that they're on the table, at least there are three options on the table that we could study more, and I could analyze them and come back, and then, of course, see the recommendation of the City Manager on that. Now, I could tell you this much. When I stated my opening statement as a short step in a long and complicated journey, people need to realize that to make this happen, it's just not the City ofMiami. I mean, there are several groups that need to come to the table and agree on a lot of issues, I mean, a lot of issues to make this a reality, and in my closing statement, I just want to make one last statement, that we need to be partners, and in partnership, people gain profits and they could lose profits, so that's something that, at the end of the day, when we sit with the County, the Marlins, the State, and anyone else that's going to participate in that negotiation to make this stadium a reality, they're going to have to accept that, so, on the site itself, I am ecstatic that they're looking at the Orange Bowl. I stated the Orange Bowl was a great site many years ago when people had their vision set on Bicentennial Park, and, of course, that was not doable, and now, all of a sudden, the Orange Bowl is a great site, and I still think it's going to be a great site for people to enjoy going to the ballpark, and, of course, going to see the University ofMiami, and if we're -- if we could accomplish in the near future maybe having a professional soccer team also there, so there's a lot of great things that could happen there, but it's going to take everyone to make this a reality, so I think that later on, when we're briefed on exactly the other key element to this is the financing plan that's going to take place because I have not heard exactly what plan's in place to raise those three hundred and twenty-five million, or maybe those four hundred and fifty million, maybe as high as five hundred million dollars, so, once again, this is a puzzle that's missing a lot of pieces, and until it's not all put together, I am not going to be making any decisions at this time. Thank you. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Thank you, Mr. Chairman. I think that my colleague, Commissioner Sanchez, covered everything that I wanted to cover. Basically, the first thing that we have to talk about is money because we can dream about -- Commissioner Winton: The second thing we have to talk about is money, and the third thing we have to talk about is money. Commissioner Gonzalez: And the second thing money, and the third thing is money. If we don't have money -- you know, we all want a stadium, like I have told -- you know, every time that I have been interviewed, I say, "Yeah, I'd love to have a stadium." Everybody would love to have a stadium, but one thing that I happen to agree with Commissioner Sanchez is that this is not a City ofMiami stadium. I mean, this is going to be a stadium for everyone, for all the residents of Dade County and Broward County, and all of a sudden, this has become a City of Miami problem, you know, and it has become a City ofMiami burden, and everybody -- not everybody but a lot of people are demanding that the City ofMiami build the stadium, and on the Mayor's presentation, he said something that, for sure, I'm going to support it, and it is not spending a penny from the general fund of the City ofMiami, from infrastructure monies, or City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 from any reserve money to build the stadium. Because I don't want to leave this Commission four years from now or a year from now having in my conscience that due to a bad judgment that I made, the City is in another financial disaster, or on a financial situation like we were six years ago, so those are my comments. Both plans -- option "B," to me, makes more sense than option "A" because you're saying that it is a temporary option. It's not the ideal project, and when you say temporary option, what are we talking about, ten years, twelve years? Mr. Dunn: I would say at best. Commissioner Gonzalez: So, it doesn't make any sense to expend two hundred and forty million dollars for ten years, so option `B" is what I like the best, but, again, where is the beef? Where is the beef? Thank you. Commissioner Winton: I think there's a couple points that I want to put on the record, and I want to get a couple of questions answered on the record. One, this proposal is absent a roof structure, which you've already answered for me. Have the Marlins agreed to consider a facility without a retractable roof? Mr. Arriola: I have spoken to them, Commissioner. They will be here at 6 o'clock, so you can meet with them if you would like to. They're open to options. Obviously, they have been very clear that they want a roof. One of the things that we have talked about is the ability to build a structure that, in the future -- Commissioner Winton: Could accommodate. Mr. Arriola: -- could have a roof. Commissioner Winton: OK. Mr. Arriola: So, you know, again, I think that the good thing about what we're presenting to you today is that it's an open option. There's a lot of things could be done in here, and we will buy as many cookies as we can afford at the end of the day. Commissioner Winton: And the other question is that, obviously, any stadium that's going to get built, whether it's this option or something that somebody else comes up with somewhere else, the majority of that funding is going to come from some bonding capacity, and bonds will be issued. They'll be, I'm assuming, 30-year bonds that have to be paid off over a 30 year period, and the -- which brings me to the second question. Has Major League Baseball yet agreed to guarantee the lease on that facility for the full 30 years that the public's going to be responsible for servicing the debt? Mr. Arriola: Not yet, but as you know, I've said to you privately -- Commissioner Winton: I'm not talking about the Florida -- I want to be clear here. I'm not asking whether or not the Florida Marlins are willing to guarantee that. Mr. Arriola: I understand, sir. Commissioner Winton: I'm asking whether or not Major League Baseball is willing to guarantee that. Mr. Arriola: We're not there yet, and as you know, that is a priority in the City, and we need to have better guarantee. Now, let me tell you one of the good components I don't think was spoken about, having the Orange Bowl dual stadium component bring the University ofMiami and the Marlins under the same roof and one of the things is that when you bond, we were having a City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 really tough time getting any more than 20-year bonding capacity on a Marlins -only stadium. Bring in the component of University ofMiami and the football stadium, we could see ourselves going into a 30-year bond issue, so that also creates some abilities to get this done. Commissioner Winton: Well, it's also clear to me that a three hundred and seventy-five million dollar all -in price tag that creates a wonderful new home, long-term home for the University of Miami's home field stadium and building a baseball stadium, I think, has significant advantages to the public, and I think creates some different and new mechanisms potentially for providing funding to this vehicle, and -- which brings me to the last point, and that is that, to date, seventy- five million dollars, seventy-three million dollars in, at least, public money is all that's been identified, and I think that you've told me that the Marlins hundred and thirty-seven million dollars over a 40-year stream -- that won't come for 40 years at all -- may be bondable at eighty million, so we've got a hundred and fifty million dollars on the table. Mr. Arriola: The issue there, which is why said the first statement, is now being able to do 30 years, that eighty million dollars is a larger number, Commissioner. Commissioner Winton: So, the eighty may be going up? Mr. Arriola: It will be going up, sir. Commissioner Winton: OK. Good. Mr. Arriola: And, you know, that's why I think it's so important to talk about the University of Miami component in all this conversation. Because, again, that gives us more flexibility, and think it is a real plus for us. Commissioner Winton: And, I guess as a last question, and then I'll make a final comment, and that is that do we have any sense that Major League Baseball -- again, I'm not talking about Florida Marlins, but Major League Baseball -- have they shown any willingness to step to the plate in any capacity at all? Mr. Arriola: No, sir. Commissioner Winton: Their only capacity so far has been to demand. Mr. Arriola: Yes, sir. Commissioner Winton: Demand a roof -- Mr. Arriola: Yes. Commissioner Winton: -- and demand the money -- Mr. Arriola: Absolutely. Commissioner Winton: -- and demand this, and to demand that. Mr. Arriola: Absolutely. Commissioner Winton: So that leads me to my last point. I think that what Jeff Loria and David Samson has done, as the owners of this Marlins baseball team, has been fabulous. I mean, I'm big supporters of those two guys. They played this thing the absolute opposite of John Henry, whom I thought was awful, and I really have a lot of respect for those two guys, but that can't bring the money to the table to build this, and what Major League Baseball is demanding that City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 the public of this County, in some fashion or another, build them a four hundred and fifty million dollar stadium -- Mr. Arriola: Five hundred. Commissioner Winton: -- and I've been agreeing with you all along, three hundred and twenty- five was never a number that -- and I've talked to other experts, as well, who say that number is just unrealistic -- and not guaranteeing that we're going to have a baseball team to even play in that stadium, and I find it curious that Major League Baseball is demanding that we spend four hundred and fifty million dollars of public taxpayer money at a point at which just simply two years ago, they were telling all of us that they're going to move the team out of Florida, which they have the right to do, so here's a point that I want Major League Baseball to understand clearly, clearly, clearly -- and I'm only one guy and only one vote -- that I won't support one single dime, not a dime of public money for a professional baseball stadium in this County if Major League Baseball doesn't guarantee that there will be a team playing in that stadium for at least the length that we have to service the debt on the bonds, and if they're not willing to do that, don't come talk to me about funding. Don't come talk to me about baseball. Don't come talk to me about anything. If their point of view two years ago is that I can take this team away from you because, then I think we're being totally irresponsible, totally irresponsible in frying to bring public money of any kind to the table to build them a stadium. Mr. Arriola: Commissioner, the -- Vice Chairman Sanchez: Johnny, ifI -- Mr. Arriola: I'm sorry, OK. Vice Chairman Sanchez: -- could just add. I mean, I didn't want to get into the technical, but, I mean -- the administrative -- When those negotiations are in place, that's an excellent point. The other point is that they set up -- the team itself put an amount of money of what they're worth, and if they should ever sell the team -- Commissioner Winton: Well, that's another issue. You're right. Vice Chairman Sanchez: -- and after that, they would share profit. That's why I said at the beginning, you know, partners, at the end of the day, they either -- whether they gain -- either they gain or they lose, they're partners, so that's -- that was a statement to the administration to negotiate in the best interest ofMiami, and I have the utmost -- you know, that the administrator will do that. Mr. Arriola: I think that one of the things that I think I've spoken to the Commissioners, and to the Mayor, and to the County folks is that I think that one of the things we should do is get a valuation on the team today without a stadium, and put that as a figure. I also think that at the time the team decides to sell the team to whoever, whatever money has been added to that value on the team from the sale, we should share in that because let's face it, the team is worth that extra money because we built them a stadium and we have a stadium, and we should share in that profit. Vice Chairman Sanchez: We'll share profits or share loses. Mr. Arriola: Yeah, so I agree with you, Commissioner, and believe me, we'll work hard on that to make it happen. Commissioner Regalado: Mr. Chairman. City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: Commissioner Regalado. Commissioner Regalado: I have a question. Who -- and I guess this is for the Manager, or maybe for you because you have been involved with that. Who would own the stadium? Who would have the property of the stadium? Mr. Arriola: Well, if you heard the Mayor and the Chair exchange some thoughts on MSEA, the idea on this whole thing is to put this in -- somehow into the big MSEA banner, ifI may say, so for them to have the ownership and the management on the stadium. Commissioner Regalado: So, for the benefit of the people watching, MSEA is Miami Sports and Exhibition Authority, which does not get any general fund money from the City or tax money from the people ofMiami, or that it feeds itself from tourist dollars. Mr. Arriola: That's correct, sir. That's correct. Commissioner Regalado: Now, I guess, you know, you're meeting tomorrow, Mr. Manager, with the people from the Marlins? Mr. Arriola: Commissioner, I have met with the County today at lunch break. I am going to meet with the County and the Marlins today, and I will continue those meetings until we could kind of like -- I can't say the word, the expression I want to say, but until we can complete this in a satisfactory manner. Commissioner Regalado: So, what you need is some direction from the Commission? Mr. Arriola: Commissioner, I am looking for direction. I have brought forward what's available, and what I'm looking from all of you, through your comments and through your support, where do you want me to go from here, and I am looking for direction. Chairman Teele: All right. Before we give direction, two things. I would like to exercise a point of personal privilege to hear from the chairman of the Athletic Department at the University of Miami. I mean, he's got to be dying a slow death listening to all of this being discussed. He's registered. It's not a public hearing, but would -- could we hear for a moment from Director Dee? Mr. Arriola: I have an objection to that. I have, as a former board member and co-chair of the Athletic Committee, et cetera, et cetera, et cetera, I was made a promise by him over two years ago, and he has not come through, and I want to remind him publicly that I'm counting on it, OK Paul Dee: Consider myself admonished. I was forewarned though. Thank you, members of the Commission, for the opportunity to visit with you today on the issue of stadiums, in particular, the Orange Bowl. The Orange Bowl has been the home of the Hurricanes for 69 years. Chairman Teele: Do you mind just giving us your name and title -- Mr. Dee: Absolutely. Chairman Teele: -- for the record? We all know who you are, but -- Mr. Dee: Sure. My name is Paul Dee. I'm the Director of Intercollegiate Athletics at the University ofMiami. Again, I want to thank you for the opportunity to speak to you and to talk to you about the relationship that this City and the University ofMiami has had nearly since the inception of the university. Much of the university is here in the City ofMiami; ( City ofMiami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 UNINTELLIGIBLE) School and the medical campus are here. When we started, there wasn't even a Coral Gables, so we were probably a suburban part ofMiami at that point. Commissioner Winton: Should have stayed that way. Mr. Dee: I'll leave that for others, but the Orange Bowl has been a very important part of our history. It's the winning edge for the Miami Hurricanes. How many great nights have there been that you all have attended five national championships? This -- all of the things that occurred that led up to those winning games and traditions, and the rich history that the University ofMiami athletic programs, particularly, our football program. The young men that have gone on to be such successes in professional life, not only in professional football but otherwise. We feel very, very good about that. The Orange Bowl has shown its age. It's a wonderful, wonderful place to play. It's a wonderful building. It needs -- in my opinion and I don't think there's any disagreement -- we need to find a way to protect it and improve it, and to make it a place where we can continue to play for a long, long time. We look at the plans here to improve the facility and the site, which would include the addition of baseball to the site. As we look at these, we haven't really had enough time to digest everything, as have you not had the same opportunity, but as we look at it, there are issues that we have to come to, and as we looked at it the first time, we want to look at capacity and the reduction in capacity, cost of tickets, and things like that. The closure of the east end zone is included in this design. We want to take a look at parking, and parking has -- this is built on the north parking lot, and that drives other issues, and the other issue that we have, in my conversations with other universities that share stadiums with Major League Baseball, are dates. We schedule out well in advance. I have commitments now to play teams in the 2012, 2013 on a specific date, at a specific time on a Saturday, and we don't know whether, under these conditions, unless we had a priority for scheduling a few of those dates each year or scheduling on certain dates, that that wouldn't be a problem, even if you're in two different buildings. Because just simply ingress and egress, parking; people going to games, trying to service both games for concessions, admissions, security and the like, so playing two games on one day might be possible, but at the same time, we're close to each other, it's nearly impossible. These are the things that come to mind as we look forward to it. We don't want them to be negatives. We want them to be problems that we think we might find some solutions for, but I think that the City ofMiami and what we've seen here are positives. We want to continue to work with you. You all have been wonderful towards the University ofMiami and towards the Orange Bowl Stadium for many years, and I know that we'll move forward and we'll try to find a way to work with you to help in this capacity of renovating, at least from our perspective, and updating the Orange Bowl Stadium. It really is the winning edge. If you've been to a game -- and you have -- for those people out there that haven't been to a game in the Orange Bowl, you've really missed something. It is a thrilling and an exciting experience, unlike many other stadiums. There's something very special about the Orange Bowl that you've controlled over all these years, and it's been a wonderful place. It's allowed other sports to come here. It's a venue that I can tell you, sitting on the Orange Bowl Advisory Board that works with you and several of the Commissioners who've chaired that know that soccer has come in there, and there have been so many wonderful soccer games, so many key high school football games have been played in there, not as many as there used to be, but still the key ones are being played there for capacity, so there's a lot of life to that building. There's a lot of future to that building and to the people of City ofMiami, and we would encourage you all to let's go forward and see where we can go. Chairman Teele: Thank you very much. Are there any comments or questions? Mr. Arriola: Well, I want to assure Mr. Paul Dee that the Hurricanes are number one, and Hurricanes will always have the preferred dates, and we would never move anything -- Commissioner Winton: Here, here. City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Mr. Arriola: -- out of that Orange Bowl that does not include absolute -- Vice Chairman Sanchez: It sounds good to me, Paul. Commissioner Winton: Yeah. Mr. Arriola: -- absolutely beneficiary to the University ofMiami and to the football team. Mr. Dee: Thank you all very much. It's a pleasure to work with you and to be your friends and partners. Commissioner Winton: OK. Chairman Teele: Thank you, Paul. Vice Chairman Sanchez: Thank you, Paul. Chairman Teele: Well, on my questions, Mr. -- is it Dunn? Do you play poker? Mr. Dunn: That depends. Chairman Teele: Well, when you're in a game and the guy sitting next to you says, "This pot's gotten too rich for my blood, " do you know what he's saying? Mr. Dunn: I know exactly what he's saying. Chairman Teele: Well, that's about how I feel after listening to this. I was here but think this game's gotten a little too rich for my blood. Coming out of this and listening to the Manager, the Mayor, the consultants, and, of course, my colleagues, it seems that the only thing that I'm prepared to concede or give a direction to the Manager on is this: We need to make the Orange Bowl a first-class facility. Now, that's not where I started out in this discussion about the Marlins, but it sort of led me to that, which is sort of a fork in the road for me. I believe we should make the Orange Bowl a first-class facility, and beyond that, I think we ought to negotiate. We ought to fry to do something. In making the Orange Bowl a first-class facility, it opens the door to the Marlins coming in under the dual -- not dual use, but the dual facilities. What option is that? Commissioner Winton: "B." Mr. Dunn: "B." Chairman Teele: And what is option 'A"? Mr. Dunn: Option "A" is to take the Orange Bowl, as it exists today, and to attempt to configure the building as it exists today -- Chairman Teele: But, see, I'm in favor of option "C." That's whatl want to make clear. I'm in favor of option "C." Commissioner Winton: You didn't have that one up there. Chairman Teele: And option "C" is let's make the Orange Bowl a great facility, and if we do option "C," that opens the door to option "B," but I'm totally opposed to option A " for the reasons that have been discussed and stated, but think what would like to say just on -- as one vote, one voice, one person, not in my district. We need to make the Orange Bowl a first-class City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 facility, and to me, that's option "C, " and I'm prepared to work with the Manager and the staff in that option first. I think if we make the Orange Bowl a first-class facility, we open the door to option "B." If we commit to making the Orange Bowl a first-class facility, we open the door to option "B," that is to have the two stadiums there together. Is that -- that's your option "B," right? Mr. Dunn: Yes. Chairman Teele: But think where we've sort of missed the boat, at least, where I've missed the boat in the path is the amount of work that's really needed to be done in the Orange Bowl, and given what is going on in the rest of the City, in downtown, in the Omni, in Wynwood, in the Park West/Overtown areas, given the development that's going on, we have an obligation to make sure we leave no neighborhood behind, so to speak, so I'm very pleased in thatl don't represent the area, and in that it, candidly, is a part of Little Havana. I think we need to make that commitment, and I'm very, very mindful of some of the comments that people have made; reading, you know, letters to the editor and that sort of stuff, but it -- those comments have only sharpened my focus that we really ought to make a strong commitment to the Orange Bowl where it is now, and in that regard, Mr. Manager, I think we ought to be looking at what kind of revenue streams we can direct to the Orange Bowl under option "C, " keeping the door open to option "B." Obviously, ifI had my druthers, I'd like -- if we had the money, if money were not an issue, I'd be for option "B," that is having two facilities there in one place, but we don't have all of the money, but don't think we should just stop doing everything we're doing until we get all the money to get the Orange Bowl. I think we should fry to instruct the Manager to work with the Mayor to come in with a plan to make the Orange Bowl a stand-alone facility, keeping the door option -- open to option "B," but to make it the finest collegiate football facility south of Doak Campbell Stadium. Mr. Arriola: Maybe, yeah. Well, Commissioner, this is not going to stop their work. They are working on fixing their -- not -- I don't want to use the word fixing -- on rebuilding the Orange Bowl to that level you're asking for us -- from us, and I think that that work is going to continue. We're not stopping that because of the dual purpose. We're just adding to our workload the view of dual purpose, but they're going to continue on and making sure that the Orange Bowl -- that we have the facilities at the Orange Bowl that we really need, and UM (University ofMiami) and the City ofMiami deserves. Chairman Teele: But see, Mr. Manager, that's the issue. Are we frying to renovate the Orange Bowl? Are we trying to rebuild or to re -- Arriola: Well, that's why I was a little scared of what word I used in there. The plans that they have come forward, which, by the way, it's a fabulous plan and we will -- you know, we'll be ready to share with them very, very soon. Rebuild, to me, is put it in the ground and build up again, and that's not what we're doing, but while we're going to tear down quite a bit of it, and we're going to make it a very much a first-class stadium. Mr. Dunn: And, Mr. Chairman, ifI could. We are in the final stages of completing our initial study on the re -- what consider to be the redevelopment of the Orange Bowl. In my mind, to say we're going to renovate the Orange Bowl, frankly, I don't believe we'll make it a first-class facility, consistent with what you would expect as the home field for the University ofMiami, given the great success that they've had in football in the past, and I would also suggest to you, if we could accomplish what we've recently accomplished in a place like Lambeau Field, which quite honestly, I think had every deficiency and more that you have with the Orange Bowl and taken it to a point today where I believe, and I think you would find throughout the National Football League, and in particular, in the League offices in New York, that Lambeau Field is now considered to be, if not the premiere venue in the National Football League, it is certainly one of the premiere venues in the National Football League. City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Winton: At least in the fall. Mr. Arriola: No. I visited that facility when the Dolphins played the Packers, and I will tell you that it's an incredible --I mean, andl had been there before the renovation -- or the redevelopment. Mr. Dunn: Redevelopment. Mr. Arriola: How does that sound? That's a better word. It's fabulous. You would never know that there was -- the old stadium was there. They did a fabulous job, and truly, one of the reasons that University ofMiami and the City picked these folks is because they're incredible work at Lambeau Field. Mr. Dunn: And beyond that, today we are working on Giant Stadium in the meadowlands of New Jersey. We're working for the National Football League in Los Angeles, looking at the Coliseum in Rose Bowl. I personally believe these buildings, like the Orange Bowl, that have such great history and tradition, in many respects, are too great of an asset for a community to walk away from, and I believe, with a little bit of creativity and some hard work, you can accomplish everything and more with the Orange Bowl that we've been able to accomplish with Lambeau Field. Chairman Teele: Very good. Instructions to the Manager. Commissioner Winton: Mr. Manager. Vice Chairman Sanchez: But before, I have one question. Commissioner Winton: OK. Vice Chairman Sanchez: Isn't -- aren't they doing an engineering study at the lower bowl of the university? Mr. Dunn: Yes. Vice Chairman Sanchez: I mean, the Orange Bowl, to see if-- OK. Mr. Dunn: Yes. Vice Chairman Sanchez: When will that study be completed? Mr. Dunn: It's nearly completed. We're what, a few weeks away from having it fruly completed, and the work is progressing as we hoped it would. There are many, many issues structurally with the building, butl think we're finding that more of them can be corrected than there are ones that can't be corrected. Vice Chairman Sanchez: And it's reference to massive renovation? Mr. Dunn: Yes. Vice Chairman Sanchez: OK. Commissioner Winton: Massive. Commissioner Regalado: I wouldn't -- ifI may. City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: Commissioner Regalado, Commissioner Winton. Commissioner Regalado: I'm just a little concerned because all the interest generated by this hearing or item placed on the agenda has to do with the possibility of the Florida Marlins coming to Miami or leaving South Florida. It's just the bottom line. It's very simple. I'm a little concerned that if we start by talking about, which one, Scenario "C?" Scenario "C" eliminates baseball all along, right? Chairman Teele: No. Mr. Dunn: No. Mr. Arriola: The Scenario "C" that Commissioner Teele -- that is happening right now and those studies will be finished within the next month to six weeks, so one -- don't worry. That one thing is not going to have anything to do with the other. We had started those studies about a year ago, Commissioner, and we're going to complete those studies. That doesn't stop the -- if you instruct me today, by the way, to go ahead and look at the dual stadium, for us to start looking at the dual stadium. Commissioner Regalado: No, but what I'm saying is -- Chairman Teele: The answer to your question is no, it does not compete with or eliminate the dual stadium. The issue before us now is, do we want to instruct the Manager to look at a joint use stadium, that is, a stadium that would have dual use -- one stadium that has dual use or to look at -- Commissioner Winton: "B." Chairman Teele: -- a site, which is "B," that has two facilities on the same location. Vice Chairman Sanchez: Mr. Chairman. Commissioner Regalado: Exactly, so what I'm saying is, we don't need to direct the Manager at all on Scenario "C," because it's been going on for months. What I'm saying is that if we were to -- if we led the people to believe that we are leaning towards Scenario "C, " that would mean that we are killing baseball in the near future. That's what I'm -- that was my concern. I -- you know, I think -- I -- look, I will do whatever the majority of the City Commission does. I will vote the way of the majority of the City Commission because the only way to send a clear message to the Florida Marlins, to the County, to the state, is with a united government, and we need the Mayor, the City Commission, the Manager. If you ask me, I would ask the Manager, well, you know, the City Commission is looking at the cheapest scenario, and then, you know, if we find the money, we'll love to have a dual stadium at the Orange Bowl site, but they need to know that we mean business, in terms -- Chairman Teele: Are you moving then that the Manager be instructed to continue to pursue a dual use type? Vice Chairman Sanchez: And come back with a report on January the 22nd, updated report. Commissioner Regalado: I am moving that the Manager will go to the Florida Marlins and express that there is an interest in the City Commission on exploring the dual stadium scenario, and if there is no funding for that, then we need to explore one stadium for dual use, which is the second -- Scenario "A," but it's important that they understand -- Chairman Teele: But let's be clear on what your motion is and then let's discuss it. If your City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 motion is to instruct the Manager to convey to the County and the Marlins that we're interested in pursuing -- Commissioner Regalado: The dual stadium scenario. Vice Chairman Sanchez: Second. Chairman Teele: -- the dual stadium, not the dual use, but dual stadium -- Commissioner Regalado: The dual -- Chairman Teele: -- scenario. That's option "B," as presented. Commissioner Regalado: Option "B." Chairman Teele: Is -- we have a motion by Commissioner Regalado. We have -- Vice Chairman Sanchez: Second. Chairman Teele: -- second by Commissioner Sanchez. Discussion. Commissioner Winton: But to work with all the parties involved, which I think you -- is what you meant. Commissioner Regalado: Yeah. Commissioner Winton: Just making sure we're clear that to work with all the parties involved to explore option "B." Now, is there not a March something deadline tied to -- Chairman Teele: January 22nd. Mr. Arriola: March 15th. Commissioner Winton: March 15, so -- Arriola: What I would like to do is, if-- and, obviously, I will be talking to every one of you in between this, butt would like you to allow me to come back with an update report -- an official update report at the next Commission meeting, and I would give you a little more details, monies, et cetera, et cetera, and that would give me a couple of weeks to work on this project. Obviously, I'm going to be talking to you before then, but, at least, I will make an official report in two weeks, if it's OK with you. Commissioner Winton: Sounds good to me. Chairman Teele: Further discussion on the motion. Commissioner Regalado: Mr. Chairman, I think, you know, it's important that the message is very clear. I would ask the Mayor, before we vote, your ideas on the way that this motion has been structured, your thoughts on what the message should be. Mayor Diaz: I'm fully supportive. I -- you know, since my campaign, I talked about the Orange Bowl site, and I think it's a great site. You all have talked about it before. These guys have done a phenomenal job in looking at it and seeing that it can work, so -- Chairman Teele: Priscilla, roll call. City ofMiami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Vice Chairman Sanchez: Call the question. Chairman Teele: All right. The question has been called. Madam Clerk, call the roll. The vote is 5 to 0, unanimous. Commissioner Winton. Commissioner Winton: One last comment. Mr. Dee, would you make sure you pass along to the president -- I know she was a bit concerned about what we're doing to make sure that you pass along to the president that this Commission, our Manager, the Mayor, we're 100 percent committed to University ofMiami Hurricanes, and when we get to the point where we're talking about detail, if we could get some concept approved by baseball -- because we don't want to waste your time all the time, then UM will be at the table to help develop a concept. Vice Chairman Sanchez: Our best tenant. Chairman Teele: Mr. Mayor and Mr. Manager, I have the Clara Peller concern. Commissioner Winton: The who? Chairman Teele: The Clara Peller. Commissioner Winton: Do I know her? Chairman Teele: Where's the beef? Commissioner Winton: Oh, that one, yeah. Mr. Arriola: I will promise you -- Chairman Teele: And I would only say that the Commission stands ready to come back in a special meeting -- Arriola: Yes. Chairman Teele: -- if, before -- Mr. Arriola: Need to do. Chairman Teele: -- the 22nd, there is a revenue stream that the City and the County can agree on that would -- because I strongly -- I feel very strongly that to wait until after September -- if you don't move by the Presidential ballot in March, you're going to be caught into a September, October, November ballot, which I think, given the way politics works in the County, everybody's going to run against anything and everything, you know, for the convenience of that, so I think, you know, there is a timing issue. I don't know where the County is. I'm hearing that the County wants a general obligation, which I would hope and think we could support in November, but I do think, if the City and the County can agree on any revenue stream that could be directed to this project, that could be put on the March ballot, we really should try to do that. I think -- Arriola: Absolutely. As I said before, while I'm going to bring you an official report on the 22nd, I know that I will be talking to each one of you, as a matter offact, probably by tomorrow because I'm having some talks, and ifI need a special meeting, I will ask you to do it and I know that you will be delighted to -- Commissioner Regalado: The only problem is that the next Miami Sports and Exhibition Authority meeting is on January 27th, Mr. Mayor. City ofMiami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Chairman Teele: He can call a special meeting. Commissioner Winton: He can call a special meeting, absolutely. Chairman Teele: The Mayor can call a special meeting. Commissioner Regalado: I was going to suggest that. That before the 22nd, you know, you have -- you, Chairman, I am Vice Chairman, we have two more City Commissioners are the board members. If we can call a special meeting just to discuss, before the 22nd, from the MSEA side, the possibility of a revenue stream, I think that we're going to have a clear and better idea on the 22nd. Commissioner Winton: Bring out the bulldozer. Mr. Arriola: Commissioner, I believe that by no later than Monday, I could have an idea of the County side of this equation. I might even have it before then, but I think by Monday I could have that and I would be -- you know, that would be a good time to discuss it with you. If you want to do the MSEA meeting ahead of time or you want me to make the presentation at that time, I'm OK with that, too. Chairman Teele: All right. The time is 5:20. Are there any other matters -- Mr. Arriola: Yes. Chairman Teele: -- regarding the Marlins -- Mr. Arriola: Oh, no. Chairman Teele: -- Stadium or the Marlins? If not, could we go straight to the issue relating to Solid Waste? Joe Arriola (City Manager): Yes. NA.4 04-00011 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S ENGAGEMENT OF R.J. HEISENBOTTLE ARCHITECTS, P.A., SELECTED FROM THE LIST OF PRE -APPROVED ARCHITECTURAL FIRMS APPROVED BY RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002, FOR DESIGN DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PROJECT ENTITLED "BLACK POLICE PRECINCT STATION AND COURTHOUSE MUSEUM RESTORATION, PROJECT B-3299," IN AN AMOUNT NOT TO EXCEED $ 69,700, BASED ON (1) THE SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR THE PROJECT AS SET FORTH IN THE WORK ORDER AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH R. J. HEISENBOTTLE, EXECUTED PURSUANT TO RESOLUTION NO. 02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR City ofMiami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 SAID PURPOSE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $69,700, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI FROM ACCOUNT NO. 799202.458219.6.270. 04-00011 - cover memo.pdf 04-00011 - exhibit - 1 .pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-04-0024 Chairman Teele: Now, don't you have a pocket item, Mr. Attorney? Alejandro Vilarello (City Attorney): Yes, sir. It's a work order authorization with regard to the Black Police Precinct Station and Courthouse Museum restoration. These are dollars that, although normally they would be within the Manager's authority to authorize sixty-nine thousand dollars -- sixty-nine thousand, seven hundred dollars -- because it didn't go through the process that you've established, it needs Commission approval for the continuation of the work on top of the dollars that have already been contributed to us by the -- Commissioner Winton: Second. Mr. Vilarello: -- organization. Chairman Teele: All right. We have a motion and a second, and the point is, is the dollars are being donated by the organization, right? Mr. Vilarello: Yes. Chairman Teele: All right. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. NA.5 04-00007 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 03-264, ADOPTED MARCH 27, 2003, WHICH AUTHORIZED THE CONTRACT WITH METRO EXPRESS, INC. FOR THE PROJECT ENTITLED "CITYWIDE CURB REPLACEMENT PROJECT 2003 , B-4661" FOR WORK REQUIRED FOR THE 9TH STREET MALL PROJECT, LOCATED IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY; ALLOCATING ADDITIONAL FUNDS, IN AN AMOUNT NOT TO EXCEED $200,000, FROM TAX INCREMENT FUNDS, ACCOUNT CODE NO. 689001.550108.6.810. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez City ofMiami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 R-04-0026 Chairman Teele: Further pocket items, Commissioner Sanchez? Commissioner Gonzalez? Madam Manager? Alicia Cuervo Schreiber (Chief of Operations): Yes. We have one pocket item. It is in connection with a contract with Metro Express, with the CRA (Community Redevelopment Agency) that is being managed by the Public Works Department authorized to move forward two hundred thousand dollars into the Public Works Department from the CRA, and it provides an account number. Chairman Teele: Is there a motion? Commissioner Winton: Motion -- I mean -- Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. NA.6 04-00008 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-560, ADOPTED JUNE 14, 2001; AUTHORIZING AN INCREASE IN TOTAL COMPENSATION OF GENERAL ENGINEERING SERVICES, IN AN AMOUNT NOT TO EXCEED $150,000, INCREASING THE CONTRACT AMOUNT FROM $700,000 TO $850,000, AMENDING RESOLUTION NO. 01-560 TO REFLECT SAID INCREASE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-04-0030 Chairman Teele: Pocket item, Commissioner Winton? Commissioner Winton: No, sir. Chairman Teele: Commissioner Regalado? Commissioner Regalado: No, but I'd like to ask if -- Commissioner Winton: Tomas, before you go there, could I make a comment about pocket items? Commissioner Regalado: Sure. City ofMiami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 Commissioner Winton: I want to commend the Manager and his staff Madam Manager, while y'all are talking up there. I want to commend the Manager, his Assistant Manager for not bringing us a whole bunch of pocket items, so, maybe, we have one more. I'm going to start voting against pocket items, by the way, so, you guys better get that -- somebody's going to get burned by me in the not too distant future, but to a vast improvement over the ten that we've had, SO -- Chairman Teele: All right. Commissioner Winton: -- but was premature in my great congratulations because we've got more coming. Chairman Teele: Well, this is -- Alicia Cuervo Schreiber (Chief of Operations): Thank you for the compliment, butl do have one more pocket item. Commissioner Winton: There you go. Chairman Teele: What is the pocket item, ma'am? Ms. Cuervo Schreiber: It is an increase for general engineering services to transfer to the account a hundred and fifty thousand dollars, increasing it ftom seven hundred thousand to eight hundred thousand. It was part of a resolution adopted in June 14, 2001. Commissioner Winton: But why do we have to increase it as a pocket item, as opposed to a regular agenda item? Ms. Cuervo Schreiber: I'm going to let Javier address that. Commissioner Regalado: OK. Ms. Cuervo Schreiber: This is a traffic engineering contract that is usually addressed by a private consultant when we have the Planning and Zoning reviews that require the MUSP ( Major Use Special Permit) traffic engineering analysis. That contractor was being paid out of a different account. We're organizing administrative -- pretty much administrative fix up. Commissioner Winton: So, is this a move of dollars from one area to another? Ms. Cuervo Schreiber: Yes, it is. Javier Fernandez: Sir, ifI could clarify. Javier Fernandez with the -- Assistant to the Chief of Operations. This is -- we're under an existing contract for general engineering services, with which we've hit the cap on the value of the confract. This would allow us additional authority so we can continue to review traffic analysis reports through the MUSP process. If we don't get this authority, we're basically unable to pay incoming invoices from the contractor. Commissioner Winton: OK, but that's my point. Somebody ought to be on top of this. Somebody should know that the value of the confract amount, the cap, that it's coming -- that we're about to run out, and bring it to a damn Commission meeting ahead of time, so that it's publicly noticed and we're all going to vote "yes." We're not going to vote "no." Mr. Fernandez: Commissioner, ifI could just add another item with respect to that. The reason we're bringing as a pocket is because we currently have -- as Mr. Marcus and I were made aware of yesterday -- sixty-six thousand dollars in unpaid invoices, for which we need the City ofMiami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 authority to pay those outstanding invoices. Commissioner Winton: I get that. Mr. Fernandez: I understand, but by the same token, I did not want to wait to bring that in February, which is the next available agenda where we can meet the deadlines, and have it become a ratification retroactive, so -- Commissioner Winton: Well, let me see ifI can -- Mr. Fernandez: -- that's been some of our concern in the past. Chairman Teele: Y'all aren't hearing each other. Commissioner Winton: Yeah. Chairman Teele: He didn't hear what he said. Ms. Cuervo Schreiber: Yeah. Mr. Fernandez: No, I understand his point and it's well taken. Commissioner Winton: What is my point? Mr. Fernandez: Your point is to get it on the regular agenda so it's properly noticed. Commissioner Winton: And the way you do that is somebody's paying attention to your running Chairman Teele: In November. Commissioner Winton: -- about to bump up to the cap -- Mr. Fernandez: I was frying to mitigate the damage, sir. That's my only point. Commissioner Winton: OK. Chairman Teele: In November. Mr. Fernandez: Thank you. Chairman Teele: All right. Commissioner Regalado: I have a -- Chairman Teele: Did we vote on that? Commissioner Winton: No. So move. Vice Chairman Sanchez: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Opposed. City ofMiami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 NA.7 04-00009 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $7,000, TO BROTHERS OF THE SAME MIND, INC. FOR THE PROVISION OF SECURITY SERVICES FOR THE MARTIN LUTHER KING, JR., PARADE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, FROM THE DISTRICT 5 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.9211054.6.289, $1,000 FROM DISTRICT 4 SPECIAL EVENTS BUDGET AND $1,000 FROM DISTRICT 2 SPECIAL EVENTS BUDGET, SUBJECT TO BUDGETARY APPROVAL. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sanchez, Teele and Winton Absent: 1 - Commissioner Gonzalez R-04-0027 Chairman Teele: Let me make two points. We have the Three Kings Parade this weekend, and I would hope that the Manager and the staff are fully engaged in that, and then, next weekend, I assume, we have the Martin Luther King Parade, and, traditionally, all Commissioners are invited to both, and I did want to move an item, Commissioner Regalado, if you would, because we have traditionally had marshals at the Three Kings Parade, and we don't have the money, so I'm going to take it fi^om the account for the special events. Commissioner Winton: Out of your account. I'll help you. Commissioner Regalado: I am -- I have a resolution of the Miami City Commission instructing the City Manager to allocate funds in an amount not to exceed six thousand dollars -- Chairman Teele: Make it seven. Commissioner Regalado: -- seven thousand dollars to Brothers of the Same Mind, for the provision of security service for the Martin Luther King Parade; directing that these funds be dispersed from five thousand dollars Disfrict 5 special events non -departmental allocation budget code 0010009210546289. Commissioner Winton: We don't have to read -- Vice Chairman Sanchez: Second. Commissioner Regalado: One thousand dollars from the special events funds of Disfrict 4 -- Chairman Teele: And. Commissioner Regalado: -- and one thousand dollars from special events Disfrict 2, so it's a total of seven thousand dollars. You, of course, understand that they need to have the money like next week because of the -- Chairman Teele: Well get them in. Commissioner Regalado: -- security needs that the parade have, and they need to have some -- City ofMiami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 NA.8 04-00012 Commissioner Winton: Second. Chairman Teele: Motion and second, and thank you all very much, and I hope you'll participate in the parade. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. DISCUSSION ITEM EXCECUTIVE SESSIONS SCHEDULED MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and passed unanimously, with Commissioner Gonzalez absent, to schedule three executive sessions to be held on February 12, 2004, regarding pending litigation, as follows: at 2:30 p. m. for National Advertising cases; at 2:40 p. m. for March Classic Corporation, Clear Channel cases; at 2:50 p. m. for Deborah Hanahan and West Beach Restaurant, Inc., d/b/a Star Fish. Chairman Teele: Are there any other matters to come before the City? Alejandro Vilarello (City Attorney): Yes, Mr. Chairman. I'd like to request three executive sessions with regard to litigation that's pending. You can schedule it at the next meeting, or at your convenience. One has to do with national advertising. It's a series of different cases. We'll put into the record all of the appropriate cases, place, names. Chairman Teele: For 2:30 at the next meeting. What's the next one? Mr. Vilarello: March Classic Corporation versus the City ofMiami. Those are the Clear Channel related cases, separate litigation. A half an hour would be sufficient for that as well. Chairman Teele: Do we have to notice them separately, or can it be noticed as one notice? Mr. Vilarello: We have to notice them separately. Chairman Teele: So, for -- and we got to march back in and march back out each time? Mr. Vilarello: We can take care of that going in and out for you just on the record. Yes, sir. Chairman Teele: Well, 2:30, 2:40 and 2:50. Mr. Vilarello: OK, and then the third one is (UNINTELLIGIBLE) and West Beach Restaurant, Inc. doing business as Starfish, versus the City ofMiami. Chairman Teele: And what date is the next meeting? Commissioner Regalado: 22nd. Priscilla A. Thompson (City Clerk): January 22nd. Chairman Teele: And so, they'll be noticed as 2:30, January 22nd at City Hall, with the first one City ofMiami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes January 8, 2004 being at 2:30, the second one being at 2:40, and the next one being at 2:50, for notice purposes. Is that satisfactory? Mr. Vilarello: Yes, sir. Commissioner Regalado: Remember, that's a PZ (Planning & Zoning) afternoon. Commissioner Winton: Thirty-six items, I believe. Chairman Teele: That's the zoning items. Commissioner Winton: Thirty-six -- Chairman Teele: Can this wait until the first meeting in February? Mr. Vilarello: Yes, sir. Commissioner Winton: Yeah. Mr. Vilarello: Yes. Commissioner Winton: Let's do it first -- yeah. Chairman Teele: Let's change it to -- what's the date of the first meeting in February? Ms. Thompson: February 12th. Chairman Teele: February 12th. Is there a motion by Commissioner Regalado and a second by Commissioner Winton? Commissioner Winton: Yeah. Commissioner Regalado: Yes, sir. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Are there any other matters, Madam Clerk? If not, I hope the Sergeant at Arms will work closely with the Commissioners regarding the Three Kings Parade, as well. Thank you very much. Meeting stands adjourned. City ofMiami Page 129 Printed on 12/16/2004