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HomeMy WebLinkAboutCC 2004-09-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, September 9, 2004 9:00 AM REGULAR 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 September 9, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS (Page 3) MV - MAYORAL VETOES (Pages 3 - 4) AM - APPROVING MINUTES (Pages 4 - 5) CA - CONSENT AGENDA (Pages 5 - 281 PA - PERSONAL APPEARANCES (Pages 29 - 35) M - MAYOR'S ITEMS (Page 36) D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS (Pages 36 - 41 ) (Pages 41 - 46) (Page 46) (Pages 46 - 55) (Page 55) (Pages 56 - 74) EM - EMERGENCY ORDINANCES (Pages 75 - 80) SR - SECOND READING ORDINANCES (Pages 81 - 84) FR - FIRST READING ORDINANCES (Pages 85 - 87) RE - RESOLUTIONS (Pages 88 - 961 BC - BOARDS AND COMMITTEES (Pages 97 -121) DI - DISCUSSION ITEMS (Pages 122 - 124) BH - FIRST BUDGET PUBLIC HEARING TO DISCUSS FISCAL YEAR 2004-2005 TENTATIVE BUDGET (Pages 125- 245) BEGINNING AT 5:05 P.M. ITEMS BH.1 THROUGH BH.13 City of Miami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Vice Chairman Sanchez, Commissioner Regalado and Chairman Teele Absent: Commissioner Winton On the 9th day of September, 2004, the City Commission of the City of Miami, 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 9:35 a.m. by Chairman Arthur E. Teele Jr., recessed at 12:19 p.m., reconvened at 3:31 p.m., and adjourned at 9:59 p.m. ALSO PRESENT: Joe Arriola, City Manager Maria J. Chiaro, Interim City Attorney Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS 04-01017 CEREMONIAL ITEM Name of Honoree Mayor Manuel A. Diaz HealthEase AJA Restaurant Group Prestige Limousine Service MAYORAL VETOES 04-01017-cover page.pdf 04-01017-program.pdf PRESENTED Presenter The Dade County Council PTA Mayor Diaz Mayor Diaz Mayor Diaz Protocol Item Mentoring Award Proclamation Salute Salute 1. Dannie McMillon, President of the Miami -Dade County Council PTA (Parents Teachers Association) presented Mayor Manuel A. Diaz with a Mentoring Award for his efforts with the mentoring program in improving "F" schools in the City of Miami. 2. Steve Simons, of the Council for Educational Change and T. Willard Fair, President of the Urban League, recognized City Manager Joe Arriola for his contributions to the academic progress of students in Miami -Dade County. Valerie Ward, Principal, presented Mr. Arriola with an Appreciation Award for his leadership and his financial donation of $200, 000 to Biscayne Gardens Elementary School. 3. Commendations were presented by Mayor Manuel A. Diaz to HealthEase, Church's Chicken and Prestige Limousine Service for their participation in the "Family Night Out" event for the residents of the City of Miami. Mayor Diaz also thanked the City of Miami employees who participated in the education mentoring program. Presentations made. Chairman Teele: (INAUDIBLE) all after the -- our latest hurricane, and we all are obviously aware that we have Hurricane Ivan that's doing damage, and actually has done a lot more damage than any of the other hurricanes, and so we continue to askfor you to be vigilant and to be prayerful. Mr. Mayor -- thank you very much -- with your permission, what we'd like to do, since we have a judge that's been here for so long, is formally begin the meeting. We -- before we begin it, we would ask for a prayer and the pledge to the flag and then, during the meeting, City of Miami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 we will do all of the necessary proclamations, with your -- if that's acceptable? Mayor Mauel Diaz: (INAUDIBLE) Chairman Teele: All right. Why don't we do this --1 know we have a lot of the members of the clergy. Why don't we stand for a silent prayer, and why don't we offer a special prayer for those victims of the hurricane and those whose families stand in the path of danger. Prayer and pledge of allegiance. Chairman Teele: There are no mayoral vetoes. We do have a number of the Dade County PTA ( Parent-Teacher Association) and other groups. If you would just stand by for a few moments, please, we'll do that. NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton Chairman Teele: Approval of the meeting -- minutes of the meeting of July 8, 2004. Is there a motion? Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: We have the Planning and Zoning meeting of July 22, 2004. Commissioner Gonzalez:. Move to approve. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: And we have the continuation of the Planning and Zoning meeting from July 22 to July 29, 2004. Is there a motion, please? City of Miami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: Move. Vice Chairman Sanchez: Second. Second. Chairman Teele: Is there a second? Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. CONSENT AGENDA CA.1 04-00784 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ALEXANDER ARMAS AND HIS WIFE CRISTINE ARMAS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $ 75,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF ALEXANDER ARMAS, ET AL. V. CORAL GABLES HOSPITAL, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 99-22546 CA 20, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.653. 04-00784-cover memo.pdf 04-00784-memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0534 CA.2 04-00855 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "BULLETPROOF VEST PARTNERSHIP (BVP) GRANT III" AND APPROPRIATING A GRANT AWARD, IN THE AMOUNT OF $5,638.38, FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 04-00855 -cover memo.pdf 04-00855 -email.pdf 04-00855 -web page.pdf 04-00855 -award notifications.pdf 04-00855 - addendum.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton City of Miami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 R-04-0535 CA.3 04-00856 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS TO THE LAW ENFORCEMENT TRAINING TRUST FUND, IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING SAID FUNDS FROM LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001 , 690002 AND 690003, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF THE TREASURY AND JUSTICE'S, "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATUTE, CHAPTER 932.7055, AS AMENDED. 04-00856-cover memo.pdf 04-00856- budgetary impact.pdf 04-00856- affidavit.pdf 04-00856 - addencum.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0536 CA.4 04-00857 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE REAL MIAMI TOURS PROJECT " AND APPROPRIATING A GRANT AWARD FROM THE MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS IN THE AMOUNT OF $5, 000, FOR MARKETING AND PRINTING COSTS ASSOCIATED WITH MARKETING CULTURAL AND HERITAGE ATTRACTIONS IN VARIOUS INNER-CITY COMMUNITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 04-00857-cover memo.pdf 04-00857-budgetary impact.pdf 04-00857-memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton CA.5 04-00863 R-04-0537 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 04-00863-cover page.pdf 04-00863-board actions.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton CA.6 04-00921 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0296, ADOPTED MAY 6, 2004, WHICH ESTABLISHED AND APPROPRIATED FUNDS FOR A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY ("COUNTY") EMERGENCY MEDICAL SERVICES ("EMS") GRANT #C3013 AWARD (FISCAL YEAR 2003-04)," INCREASING APPROPRIATIONS IN THE AMOUNT NOT TO EXCEED $120,000, RECEIVED AS CARRY-OVER FUNDS FROM PREVIOUS YEAR GRANT AWARDS, FOR A TOTAL APPROPRIATION IN THE AMOUNT NOT TO EXCEED $228,476; AUTHORIZING THE CITY MANAGER TO EXPEND MONIES FROM SAID FUND FOR THE OPERATION OF THE PROGRAM. 04-00921-cover memo.pdf 04-00921-budgetary impact.pdf 04-00921-pre Iegislation.pdf 04-00921-pre master report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0538 CA.7 04-00937 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED FUNDING OF PROTRACTED, COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $250,000; ALLOCATING SAID FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002 AND 690003, WITH SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF THE TREASURY AND JUSTICE'S, "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATUTE, CHAPTER 932.704. 04-00937- cover memo.pdf 04-00937- budgetary impact.pdf 04-00937- affidavit.pdf 04-00937-addend um-1. pdf This Matter was DEFERRED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to DEFER item CA. 7 to the Commission Meeting currently scheduled for September 23, 2004. CA.8 04-00938 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE BID OF H & R PAVING, INC., FOR THE PROJECT City of Miami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 ENTITLED "CITYWIDE PEDESTRIAN ROUTES IMPROVEMENTS, B- 43114," IN THE PROPOSED AMOUNT NOT TO EXCEED $344,550; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 341330, IN THE AMOUNT NOT TO EXCEED $344,550, FOR CONTRACT COSTS, PLUS $60,450 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $405,000, AS SET FORTH IN THE TABULATION OF BIDS DOCUMENTS AND THE DEPARTMENT OF PUBLIC WORKS FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00938-cover memo.pdf 04-00938-budgetary impact.pdf 04-00938-exhibit 1-tabulations.pdf 04-00938-exhibit 2-fact sheet.pdf 04-00938-exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0539 CA.9 04-00941 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") TO REPAIR AND REFURBISH VARIOUS STATUES IN BAYFRONT PARK AND AT THE TORCH OF FRIENDSHIP PLAZA, INCLUDING: THE STATUES OF CLAUDE PEPPER, SIMON BOLIVAR AND PONCE DE LEON, AS WELL AS SEVERAL MEDALLIONS AND PLAQUES, PURSUANT TO THE PROPOSAL SUBMITTED BY SHELLEY REISMAN PINE CONSERVATION, ATTACHED AND INCORPORATED, AND APPROVED BY THE TRUST, IN AN AMOUNT NOT TO EXCEED $70,620, FOR CONSERVATION COSTS, SECURITY AND SCAFFOLDING PURSUANT TO TRUST RESOLUTION NO. 04-034, ADOPTED JULY 26, 2004; ALLOCATING FUNDS FROM THE 2003-2004 TRUST CAPITAL BUDGET, PUBLIC MONUMENTS REHABILITATION, AND PARK BEAUTIFICATION. 04-00941-cover memo.pdf 04-00941-bayfront memo.pdf 04-00941-bayfront resolution.pdf 04-00941-email.pdf 04-00941-bill.pdf 04-00941-bayfront document.pdf 04-00941-exhibit-sculptu res. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0540 City of Miami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 CA.10 04-00942 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE RECOMMENDATION OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") TETHERED BALLOON RIDE SELECTION COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTENT NO. 03-04-101 R, THAT THE MOST QUALIFIED FIRMS TO MANAGE AND OPERATE A TETHERED BALLOON RIDE AT BAYFRONT PARK ARE, IN RANK ORDER: (1) SKYLIFT HOLDING, LLC. AND (2) MIAMI BALLOON COMPANY, INC.; AUTHORIZING THE TRUST TO NEGOTIATE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT") WITH SKYLIFT HOLDING, LLC, THE TOP -RANKED FIRM; FURTHER AUTHORIZING THE TRUST TO NEGOTIATE AN AGREEMENT WITH MIAMI BALLOON COMPANY, INC., THE SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM; DIRECTING THE TRUST TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 04-00942-cover page.pdf 04-00942-bayfront letter.pdf 04-00942-management of balloon.pdf 04-00942-skyl ift. pdf 04-00942-letters.pdf 04-00942-client list.pdf 04-00942-operations and management.pdf 04-00942-I etters2. pdf 04-00942-cleaning. pdf 04-00942-se cu rity. pdf 04-00942-contractor.pdf 04-00942-safety. pdf 04-00942-ma rketing. pdf 04-00942-concession.pdf 04-00942-income handling.pdf 04-00942-occupational application.pdf 04-00942-claims and facts.pdf 04-00942-approval certificate.pdf 04-00942-insurance. pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0566 Chairman Teele: We have Item Number CA.10. Jerry Libbin: Thank you, Mr. Chairman, members of the Commission, Mr. Manager. My name is Jerry Libbin, 1125 North Shore Drive, Miami Beach, Florida. I'm here representing Miami Balloon Company, and I would just like to read into the record a statement, if 1 may. The City of Miami is about to make a catastrophic mistake. The balloon you're being asked to approve has been involved in multiple accidents, including a death last month in Switzerland. You can see in this article, in the Switz newspaper, where their gondola broke apart as it struck a building and the woman fell to her death. During the RFLI (Request for Letters of Interest) process -- Chairman Teele: Excuse me. Did you give me an address, and who are you representing, sir? City of Miami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Libbin: Yes, 1 did, sir. I'll repeat it. My name is Jerry Libbin, 1125 North Shore Drive, Miami Beach, and I'm representing Miami Balloon Company. Chairman Teele: You're an attorney? Mr. Libbin: No, I'm not. I'm a volunteer. During the RFLI process, we raised the issue of safety and past accidents of the other company, but the committee did not give enough consideration to this important component because the process was flawed. Income was weighted more than safety. Furthermore, the winning company misrepresented their safety record by stating that the manufacturer of their balloon never had any accidents resulting in injury or death. We showed, and have here today, records that prove otherwise. Then, one week after winning the bid at Bayfront, the accident in Baltimore happened,• seven people injured. Five days later, death in Switzerland, both the high-flyer balloon that's up for approval today. When money is given a higher priority than safety, in matters of life and death, we would expect the City of Miami and the elected body to do the proper investigation and, thus, make the right decision in selecting a balloon with the safest features possible to protect the people and the reputation of Miami. You might be interested to know that the Walt Disney Company, a pretty image -conscious company, 1 would say, has recently evaluated, after the accidents in Lucerne, Switzerland, and in Baltimore, the two companies that were in this RFLI competition, and elected to install the Aeroflyer Balloon in EuroDisney. Thank you. Vice Chairman Sanchez: I believe there's someone from the other side who would like to put their comments on the table. Sir. And, also, can we have the Executive Director from Bayfront Park, who's here? Tim Schmand: Tim Schmand, Executive Director of Bayfront Park Management Trust, 301 North Biscayne Boulevard. Mark Funnen: Mark Funnen, president of Skylift Holding, residing at 2021 Southwest 33rd Avenue, in Miami. Well, first of all, thank you for giving me the opportunity to speak in front of you. The balloon that we have purchased has never had any safety issues. Lens Tran Technologies sells these balloons to independent operators all around the world. These few local operators in question clearly used bad judgment by operating during severe weather conditions. The equipment has never been questioned, just like the quality of the Mercedes that Princess Di was in has never been questioned. The Bayfront Park Trust has chosen us, not just once, but twice for our operational and management skills. We will work closely with the Trust, and we will implement well-rounded training and safety procedures for our attraction here, the Miami Skylift. Tim, would you like to -- Mr. Schmand. Mr. Schmand: I'd also like to point out to the Commissioners today that you're not authorizing the balloon to start in Bayfront Park tomorrow. What you're authorizing Bayfront Park Management Trust to do is to begin negotiations with the first -ranked proposer. Should those negotiations fail, for whatever reason, we move on to the second -ranked proposer, and 1 think that what we're talking about here is an issue of process, and the process is absolutely the way it's supposed to be. A committee was appointed by the chairperson of the Bayfront Park Management Trust, approved by the City Manager, and then the meetings were publicly noticed, and people were encouraged to apply. Those applications were made. They were reviewed under the Cone of Silence so that there was no discussion between either the proposers or the people reviewing the process. A meeting was held and the results are what are before you today. Vice Chairman Sanchez: So, Executive Director, in your opinion, the process was flawless. Mr. Schmand Absolutely flawless. City of Miami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: Do we have anyone from the Procurement Office from the City on this matter? Sir, what would you say the process was, so you could put it on the record? Glenn Marcos: Glenn Marcos, Purchasing Director. For the actual record, 1 agree with Mr. Timothy Schmand. The actual process was flawless, and if the actual party wanted to protest, he had, under the procurement Code, that opportunity, so a protest was never received by my office and so, therefore, whatever statements that has been made, I wish that the Commission do not consider it. Thank you. Vice Chairman Sanchez: Thank you. Chairman Teele: You wish what? The Commission what? Mr. Marcos: Won't consider it because of the fact that it appeared that they're protesting when, indeed, a protest was never filed. Vice Chairman Sanchez: No. He -- and I just wanted to state that for the record. Mr. Libbin: (INAUDIBLE). Vice Chairman Sanchez: Well, hey, listen, first of all, all the questions go through the Chair, OK. We do have a process here. Let me just state, as the Chairman for Bayfront Park, what responsibilities we have, a long with the Trust, and that is to provide and improve that park, to put events there that are going to attract people, and turn that park to a world -class park; later on, complement it with Bicentennial Park nearby. The committee worked hours -- endless hours to come together in a process that was not done only once; it was done twice, to come with a recommendation. That recommendation came to us. The issue of safety is one of great concern to all of us here. The last thing we want to do is have someone have an accident on a balloon, OK? But let me just take in -- give you an issue here. All these carnival rides that are around the United States, it is the responsibility of those carnival owners and the operators of these machines to maintain them, to provide the inspections, to make sure that there are no accidents. We minimize the risks, and the owners have to minimize the risks even much greater than we do, so the last thing that we want to do is have an accident out there. I feel OK with the process. I've -- I am concerned with the allegations that have been made here. There was a process that -- you should have gone through the appeal. This is not the appeal process. I gave you an opportunity to come in front of the Commission because I think everyone has the -- should have the opportunity to come in front of this Commission and speak, so I will never deny anybody the public forum to address the issue or to say what you have to say. But having heard the discussion and having been briefed at the Executive Director and the committees that worked endless hours to come to this conclusion, the conclusion here today is that all we're doing is, we're asking the Executive Director to negotiate, and if they can't come into negotiations with the number one balloon, then they'll go to the next balloon. We're looking for the best interest for the City, the best product for the City, and above all, to have better facilities in that park, so having heard that and what was presented here, I'm prepared to make a motion to approve. Commissioner Regalado: Mr. Chairman. Vice Chairman Sanchez: Well, 1 think we need to second it, if we're going to discuss it, or whatever you guys want to do. Commissioner Regalado: I'll second 1'll second the motion. Chairman Teele: Motion and a second. Discussion. Commissioner Regalado: Just a comment. Commissioner Sanchez, as the chairperson for the City of Miami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Trust, has done an extraordinary work in bringing this park back to life; the Executive Director, the board members, so I completely have trust in them. I don't think that we're discussing here the process. I wouldn't -- won't touch the process. I think that the only thing that had been raised here is the issue of safety, and I plan, some day, to take my granddaughter in the balloon, and I am a little scared because the rides in the Youth Fair have to be inspected by state agricultural inspectors every season, and because of what happened with the Gravitron, those companies were fined to the tune of out of business, but my question is -- and -- you know, to the Executive Director -- this is not even regulated by the FAA (Federal Aviation Administration). Balloons are not, nor the Goodyear Blimp, are not under the domain of the FAA, so is it possible to include, in any contract that you do, some kind of inspection in terms of safety, either by state agriculture, which is the right inspections, or to ask the FAA -- because, after all, you know, those -- that balloon is really -- it goes up like 300 feet or 400 feet. Mr. Schmand: 1t can potentially go as high as 500. Commissioner Regalado: OK. Mr. Schmand: And there is some FAA regulations, inasmuch as they have to authorize that the balloon can even go up at the location -- Commissioner Regalado: Yeah, but not about safety. Mr. Schmand: -- because of flight -- right. Commissioner Regalado: It's the location, not about safety. Mr. Schmand: Right, and I'd by more than willing to include in the negotiations some level of inspection by a competent party if, you know, we can identdy who that would be, to come and inspect the operation and give us some level of assurance that it's as -- it's safe; that it's, you know -- it's a viable operation. Vice Chairman Sanchez: And, you know, maybe that can be covenant to this, that we do implement some type of quarterly inspection to make sure that we do focus on the safety, being that it's such a big concern. Mr. Schmand: And it's in the best interest of the proposer to have a successful, safe operation, so 1 can't imagine that they would balk at including that in the agreement. Vice Chairman Sanchez: All right. No further discussion. Call the question, Mr. Chair. Chairman Teele: The only question that 1 have is, there was some representation that the offerer represented that they had an unblemished safe to record in getting the number one vote or the number one seat; is that -- is there any semblance of truth in that? Mr. Libbin: They did offer that, and 1 have proof in their proposal that they submitted to the first RFLI committee that Commissioner Sanchez chaired. They submitted a letter that Mr. Mark Scott submitted, dated March 3rd, and I'll just read the significant line in here that I've highlighted It says, "The LBL Team" -- which is the Linstron Balloon Limited, their manufacturer -- "has manufactured over 5,000 hot air balloons, over 200 gas balloons, and over 100 hot air and gas airships, with a perfect safety record. Notwithstanding that submission, at the same time our submission we put before both committees, that prior to the RFLI, on July 27th" -- and we submitted this; spoke about it -- "there was a runaway balloon" -- meaning, the balloon tore loose in England from its moorings -- 'flew up in the air" -- it was a high flyer balloon. City of Miami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: That was your company? Mr. Libbin: No, it was their company. We're showing that they did not have a safety record, perfect safety record, and they stated that they did. Second thing that happened prior to the award of the first RFLI was in Acapulco on July 23rd of '03; the same thing that happened in Baltimore this past summer, the balloon got stuck up in the air. Because what happens, Commissioners, in a fairground operation, when there is a problem, the rides are designed to stop and lock up, for safety reasons. If you're in a ride that locks up, no further damage can happen. When you're 500 feet in the air, folks, you don't want to lock up and not be able to get them down, but that's what happened in Acapulco; five people went to the hospital. They were stuck up in the air for 15 hours. Same thing happened in Baltimore this July, the ride locks up and their systems can't even override, very easily, the fact that it locks up because if you're on a roller coaster and the roller coaster is on the ground and there's a problem, you want it to stop. You don't want it to be able to move, so you can get the people off. This is not a fairground ride. This is an airship. You need to have redundant systems available to bring the people down to the ground. We have them; they don't. It's your decision. Commissioner Winton: Mr. Chairman. Mr. Funnen: OK. Chairman Teele: Commissioner Winton. Commissioner Winton: I'm a little confused. I don't understand -- sir, you right in front of me -- I don't understand who you are. When you introduced yourself the first time, you said you're a volunteer. Mr. Libbin.' Yes. My wife is the president of the company. I'm not paid. Commissioner Winton: What company? Mr. Libbin: Miami Balloon Company, the second proposer. Commissioner Winton: Oh. Mr. Libbin: There were two proposers. Commissioner Winton: Well, that was pretty misleading, that you suggested that you're a volunteer, and then it turns out that you're representing really the balloon company that's in opposition here, which I clearly did not understand at all. Mr. Libbin: OK. I filled out the form -- Commissioner Winton: And that's -- Mr. Libbin: -- say that we're in opposition, and I introduced myself as Miami Balloon Company. Commissioner Winton: I understand you said you're in opposition -- Mr. Libbin: Sorry. Commissioner Winton: -- and you said you're a volunteer. Mr. Libbin: Yes, sir. City of Miami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: Are both parties registered? Priscilla A. Thompson (City Clerk): Yes. Mr. Libbin: Yes. Commissioner Winton: OK Ms. Thompson: No, sir. Skylift is not; this gentleman is. Chairman Teele: He's not? Mr. Libbin: 1 am. Commissioner Winton: He's registered. Mr. Libbin: I'm registered. Yes, sir. Commissioner Winton: OK, I understand now who -- at least I understand the parties now, so -- Mr. Libbin: Sorry. Commissioner Winton: -- that's all I wanted to understand Mr. Libbin: Yes, sir. Commissioner Winton: Thank you. Chairman Teele: All right. Skylift -- Mr. Funnen: Could I speak for a moment? Chairman Teele: Skylift, when this is all over, would you mind registering, please, with the Clerk? Mr. Funnen: Sure. No problem. Since the gentleman here mentioned a few things in the proposal, I think I have to clam a few things here, and I never wanted to get into this mud - throwing mode here, but I guess I have to say a few things. In their proposal, they made several statements that are absolutely -- Commissioner Winton: Hold on. Could I interrupt? I don't think we want to know anything about the proposal. Vice Chairman Sanchez: We don't need to get into this. Commissioner Winton: We're evaluating your proposal, not their proposal, so I don't think we want to deal with that. Mr. Funnen: OK. All right. Well -- Commissioner Winton: But 1 would like to make one more comment, and that is that Mr. -- Commissioner Sanchez, I think that -- as Commissioner Regalado said, I think the key point here is about safety and, at least from my view point, my recommendation to you all is that you pay particular attention to the issues that this gentleman's brought up, and sounds to me like these are solvable problems, and if the vendor that you all -- that the -- that won the process, if they City of Miami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 can't meet whatever safety requirements that you put in place, you can go to vendor number two. Vice Chairman Sanchez: That -- and once again, Commissioner, you know, we -- you know this better than 1 do. We are working on -- in that park to create people to come to the park. We have a master plan. We're working on the Light Design Plan now to have people look -- you know, light up the park at night, create -- this will be a spectacular event. I mean, there's always going to be -- if I don't get it, someone else is going to, you know, moan and groan about it, the fair process. You know, they didn't -- they should have had an appeal. They didn't go through the appeal. I didn't want to deny him the opportunity to come. 1 didn't want to get into this. You know, it's just -- I think it's going to be great for the park and it's going to be great for the City. It's going to be great for downtown, and we've worked very, very hard. This has been months and months and months that we worked on this, and it comes to an end when you have to draw the line and say, "Hey, listen, we've got to make a decision." Whether we do it or we don't do it, and we move to something else. Chairman Teele: Mr. Vice Chair, let me just ask this. This is an approval to negotiate. Under our -- Glenn. Mr. Marcos. Mr. Marcos, under our procedures, will this come back before this Commission again? Vice Chairman Sanchez: Absolutely. It comes in front of this Commission, and if those safety issues have not been addressed, then we can vote it down. Chairman Teele: In other words, the procurement process that we're operating under, this does come back to this Commission? Glenn, I've heard what the Vice Chairman said. I'm -- Vice Chairman Sanchez: It's my understanding, it comes back in front of this Commission in November. Chairman Teele: I don't know the answer. That's -- Commissioner Regalado: Well -- Chairman Teele: -- sort of why I'm asking the question. Commissioner Regalado: -- I thought it doesn't have to come to us. It would go to the Trust -- Vice Chairman Sanchez: No. Commissioner Regalado: -- for final approval. Vice Chairman Sanchez: Comes back to us. Mr. Schmand: Tim Schmand, Bayfront Park Management Trust. Mr. Marcos: Yes, it does. I'm sorry. Glenn Marcos, Purchasing Director. The actual item that's before you is to negotiate a contract, and so Bayfront Park will end up negotiating the contract with the first -ranked firm, and if the -- after negotiation fails, he'll go on to the next ranked -firm, and then he'll come back to the City Commission asking to execute the actual agreement. Chairman Teele: Then I adopt the statements of Commissioner Winton. I want to make sure that -- Tim, I want to make sure that the statements of my colleague, Commissioner Regalado, I'm not sure I'm adopting, and let me tell you why. The Department of Agriculture is not set up to inspect this, and unless you all confer with them -- you know, the testimony we're hearing is that the Department of Agriculture inspects rides. That's what Commissioner Regalado said. City of Miami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: Right. Chairman Teele: But this is an aerial thing, and the worst thing would be to lock it up, you know, the -- so -- Commissioner Regalado: No, but 1 said the FAA should -- they should call on the FAA. It's a -- Mr. Funnen: The FAA -- Commissioner Regalado: It's a ship. Mr. Funnen: -- has already given us approval to operate there. Commissioner Regalado: No. Mr. Funnen: And just to state one more thing, we do have five redundancy safety systems. Chairman Teele: What part -- what FAA regulation are they operating under, what part number? Mr. Marcos: I don't have it with me, but it's in our proposal. Chairman Teele: It's not a 135, so what is their authority? Commissioner Winton: We don't know what a 135 is anyhow -- Chairman Teele: Yeah, but -- Commissioner Winton: -- even if it is a 135. Chairman Teele: I mean -- but they need to be very careful -- Vice Chairman Sanchez: Could be a 163. Commissioner Winton: Yeah. Chairman Teele: -- about saying that the FAA is inspecting their operation. I mean, the FAA -- 1'm somewhat familiar with some of their authorities, and I'm just not familiar with their authority to inspect the operation. Commissioner Winton: I don't think they inspect it. Commissioner Regalado: They -- Commissioner Winton: 1 think they just give them a license. Commissioner Regalado: If 1 may, Mr. Chairman, just to clam. The FAA has to approve only the height of what they go. Commissioner Winton: Not inspect. Commissioner Regalado: That's all they have to do. Like they have to approve the towers, the TV (television) towers and the radio towers, how high they can go. City of Miami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: To ensure that there's no -- Commissioner Regalado: To ensure that there is no interference with the planes. Chairman Teele: But that's not what he's saying. He says -- Commissioner Regalado: And I don't think that -- Mr. Schmand: I know. Commissioner Regalado: -- the FAA actually inspect balloons. I would say that the rides in the carnivals are inspected by the Agriculture Department. Chairman Teele: Right. Commissioner Regalado: I am not asking that the Agriculture Department comes and inspects because it's not -- you know, a carousel is not the same as a balloon. What I'm saying is that it's got to be someone, either from the FAA or --1 mean, you know, CIA (Central Intelligence Agency) or whatever, that can inspect balloon. Mr. Schmand: We need to come up with a method -- Tim Schmand again, Bayfront Park. We need to come up with a method that will allay all of our concerns about the safety of this installation, and if it's a quarterly inspection by the manufacturer to give us some assurances, some stamp of approval that everything is according to Hoyle, that's the direction we can pursue, but it's our intention, as well, to have this as safe an experience in the park as possible. Vice Chairman Sanchez: Minimize their risk. Chairman Teele: Vice Chairman's called the question. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Tim, let me commend you. I understand that the carnival may be coming back to downtown. I'd like to get with you to do whatever we can to make sure that they come through Overtown and Park West and all of that, but 1 want to commend you and the Chairman for working to keep the Bayfront Trust alive, as he's discussed earlier today. Mr. Schmand: Thank you. It's a great event. We look forward to hosting it. Mr. Funnen: Thank you. Chairman Teele: All right. Vice Chairman Sanchez: All right. CA.11 04-00943 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF CONDO ELECTRIC MOTOR REPAIR, CORP., TO PROVIDE MAINTENANCE SERVICES FOR THE MILDRED AND CLAUDE PEPPER FOUNTAIN AT BAYFRONT PARK, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $27,370, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $ 109,480; ALLOCATING FUNDS FROM BAYFRONT PARK MANAGEMENT TRUST'S OPERATING BUDGET. City of Miami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00943-cover memo.pdf 04-00943-award sheet.pdf 04-00943-tabulation sheet.pdf 04-00943-bayfront memo.pdf 04-00943-bayfront resolution.pdf 04-00943-bayfront document.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0541 CA.12 04-00947 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE TO BE PERFORMED BY THE CITY OF MIAMI FOR LANDSCAPING AND TREE GRATES LOCATED IN THE RIGHTS -OF -WAY OF 36TH STREET FROM NORTHWEST 7TH AVENUE TO NORTHEAST 7TH AVENUE, MIAMI, FLORIDA; DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. 04-00947-cover memo.pdf 04-00947-budgetary impact.pdf 04-00947-exh ibit. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0542 CA.13 04-00952 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY OR PERMITTED AGAINST THE CAMILLE AND SULETTE MERILUS FOUNDATION FOR HAITI DEVELOPMENT, INC. ("LICENSEE") TO PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, ANY ACTION AUTHORIZED BY LAW OR IN EQUITY TO OBTAIN ANY RELIEF OR TO REMEDY ANY LOSSES OR DAMAGES SUSTAINED BY THE CITY RELATED TO THE LICENSEE'S BREACHES OF A REVOCABLE LICENSE AGREEMENT EXECUTED MAY 13, 2002. 04-00952-cover memo.pdf 04-00952-pre resolution.pdf This Matter was DEFERRED on the Consent Agenda. City of Miami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to DEFER item CA.13 to the Commission Meeting currently scheduled for September 23, 2004. CA.14 04-00957 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT AND EXTENSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MEDAPHIS PHYSICIAN SERVICES CORPORATION N/K/A PST SERVICES, INC. (" PER -SE"), TO PROVIDE EMERGENCY MEDICAL SERVICE BILLING AND COLLECTION SERVICES; FURTHER APPROVING AN EXTENSION IN THE TERM OF THE AGREEMENT ON A MONTH -TO -MONTH BASIS, NOT TO EXCEED A ONE-YEAR PERIOD, FROM SEPTEMBER 20, 2004 THROUGH SEPTEMBER 19, 2005. 04-00957-cover memo.pdf 04-00957-budgetary impact.pdf 04-00957-per-se memo.pdf 04-00957-pre resolution.pdf 04-00957-service agreements.pdf 04-00957-memo.pdf 04-00957-service agreements 2.pdf 04-00957-insurance certificate.pdf 04-00957-consent.pdf 04-00957-amendment .pdf 04-00957-exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0543 CA.15 04-00958 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF STERTIL-KONI, FOR THE PURCHASE, DELIVERY, AND INSTALLATION OF TWO DRIVE -ON PARALLELOGRAM STYLE HEAVY EQUIPMENT HYDRAULIC LIFTS (50,000 LB. LOAD CAPACITY), FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FLEET MANAGEMENT DIVISION, IN THE AMOUNT NOT TO EXCEED $57,482, PER LIFT, WITH A SEVEN-YEAR EXTENDED WARRANTY COVERING ALL PARTS, LABOR AND SERVICE IN THE AMOUNT NOT TO EXCEED $7,000, PER LIFT, FOR A TOTAL AMOUNT NOT TO EXCEED $128,964; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT ENTITLED "HEAVY EQUIPMENT REPLACEMENT," PROJECT NO. 311702, ACCOUNT CODE NO . 429401.6.840, JOB NO. B-74209. City of Miami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00958-cover memo.pdf 04-00958-budgetary impact.pdf 04-00958-award form.pdf 04-00958-award sheet.pdf 04-00958-tabulation sheet.pdf 04-00958-bid security list.pdf 04-00958-pictures.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0544 CA.16 04-00959 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 03-194, ADOPTED FEBRUARY 27, 2003, TO REFLECT AN ASSIGNMENT OF CONTRACT FROM AERO PRODUCTS CORP. D/B/A AMERICAN LAFRANCE MEDIC MASTER TO BOUND TREE MEDICAL, LLC., FOR THE PROVISION OF INTRAVENOUS (IV) FLUIDS AND ADMINISTRATION SETS FOR THE DEPARTMENT OF FIRE -RESCUE, UNDER THE SAME PRICES, TERMS AND CONDITIONS SET FORTH IN SAID RESOLUTION. 04-00959-cover memo.pdf 04-00959-pre resolution.pdf 04-00959-medic master.pdf 04-00959-bound tree medical.pdf 04-00959-amendment. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0545 CA.17 04-00960 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 03-182, ADOPTED FEBRUARY 27, 2003, TO REFLECT THE ASSIGNMENT OF THE CONTRACT FROM AERO PRODUCTS D/B/A AMERICAN LAFRANCE MEDIC MASTER TO BOUND TREE MEDICAL, LLC, FOR THE PROVISION OF DISPOSABLE HEAD IMMOBILIZERS, FOR THE DEPARTMENT OF FIRE -RESCUE, AT THE SAME PRICES, TERMS AND CONDITIONS SET FORTH IN SAID RESOLUTION. 04-00960- cover memo.pdf 04-00960- pre resolution.pdf 04-00960- bound tree medical.pdf 04-00960- amendment.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton City of Miami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 R-04-0546 CA.18 04-00961 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF COURIER SERVICES, FROM DHL (FORMERLY AIRBORNE EXPRESS) FOR THE DEPARTMENT OF PURCHASING, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 991-160-05-1, EFFECTIVE THROUGH AUGUST 14, 2007, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS - NEEDED CONTRACT BASIS, FOR AN AMOUNT NOT TO EXCEED $30,000; ALLOCATING FUNDS FROM THE 2004-2005 FISCAL YEAR OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. 04-00961-cover memo.pdf 04-00961-courier services.pdf 04-00961-prices.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0547 CA.19 04-00962 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF A TO Z STATEWIDE PLUMBING, INC., FOR THE PROJECT ENTITLED " CITYWIDE EMERGENCY PUMPING SERVICES," FOR THE PROVISION OF ALL LABOR, MATERIALS, AND EQUIPMENT TO MAINTAIN THE CITY OF MIAMI'S STREETS FREE OF RAINWATER, FOR THE DEPARTMENT OF PUBLIC WORKS, ON AN AS -NEEDED BASIS, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $87,500, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $262,500; ALLOCATING FUNDS FROM THE DEPARTMENT OF PUBLIC WORKS ACCOUNT CODE NO. 001000.311003.6.340. 04-00962-cover memo.pdf 04-00962-award form.pdf 04-00962-award sheet.pdf 04-00962-tabulation sheet.pdf 04-00962-bid security Iist.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0548 City of Miami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 CA.20 04-00963 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 03-04-056, THAT THE FIRM MOST QUALIFIED TO PROVIDE ON-LINE SERVICE FOR PUBLIC RECORDS RESEARCH, FOR THE DEPARTMENT OF POLICE IS ACCURINT (SEISINT, INC.); AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $50,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 04-00963-cover memo.pdf 04-00963-budgetary impact.pdf 04-00963-memo.pdf 04-00963-evaluation.pdf 04-00963-acceptance. pdf 04-00963 - addendum.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0549 CA.21 04-00964 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF D & A WINDOW CLEANING SERVICES, INC., FOR THE PROVISION OF HI -RISE WINDOW CLEANING, REPLACEMENT, SEALING AND WATERPROOFING SERVICES AT THE CITY OF MIAMI RIVERSIDE CENTER BUILDING ("MRC"), FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, MRC DIVISION, ON A CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL TWO-YEAR PERIOD, AT AN ANNUAL CONTRACT AMOUNT NOT TO EXCEED $14,015, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $56,060; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, MRC DIVISION, ACCOUNT CODE NO. 504000.421901.6.670 (FISCAL YEAR 2005), SUBJECT TO BUDGETARY APPROVAL. 04-00964-cover memo.pdf 04-00964-budgetary impact.pdf 04-00964-award form.pdf 04-00964-award sheet.pdf 04-00964-tabulation sheet.pdf 04-00964-bid security list.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0550 CA.22 04-00965 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF INTERNATIONAL TRUCK AND ENGINE CORPORATION & WSE LEASING, INC., FOR THE PROCUREMENT OF TWO (2) 48' DRY VAN TRAILERS AND TWO (2) CREW CAB STRAIGHT 24' DRY VAN TRUCKS, EACH WITH A FIVE-YEAR BUMPER -TO -BUMPER PREVENTIVE MAINTENANCE SERVICES, FOR THE DEPARTMENT OF FIRE -RESCUE'S URBAN SEARCH AND RESCUE ("USAR") TEAM, IN AN AMOUNT NOT TO EXCEED $259,114; ALLOCATING FUNDS FROM THE FEMA/USAR GRANT AWARD (FISCAL YEAR 2003-2005) PROJECT NO. 110120, ACCOUNT CODE NO. 280104.6.840. 04-00965-cover memo.pdf 04-00965-award form.pdf 04-00965-tabulation of bids.pdf 04-00965-bid security list.pdf 04-00965-memo.pdf 04-00965-program position paper.pdf 04-00965-vehicle vendor list.pdf 04-00965-certified copy.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0551 CA.23 04-00966 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS OF BOB FERRER, INC., AS THE PRIMARY VENDOR, AND JOSEPH W. HARPER AND ASSOCIATES, AS THE SECONDARY VENDOR, FOR THE PROVISION OF POLYGRAPH EXAMINATION SERVICES, FOR THE DEPARTMENT OF POLICE, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $45,000, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $180,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 01000.290201.6.270. 04-00966-cover memo.pdf 04-00966-award form.pdf 04-00966-tabulation of bids.pdf 04-00966-bid security list.pdf 04-00966 - addendum.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton City of Miami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 R-04-0552 CA.24 04-00967 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF PETROLEUM TRADERS CORPORATION, FOR THE PROVISION OF TANKWAGON AND TRANSPORT DELIVERIES OF GASOLINE, PURSUANT TO THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE BID NO. 4-1-8-66, EFFECTIVE THROUGH AUGUST 31, 2007 , SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS - NEEDED CONTRACT BASIS, FOR AN ANNUAL AMOUNT NOT TO EXCEED $750,000, FOR THE 2004-2005 FISCAL YEAR; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS OPERATIONS DEPARTMENTS AND AGENCIES, AUTHORIZING SAID PURCHASES, AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. 04-00967-cover page.pdf 04-00967-tabulation sheet.pdf 04-00967-contract award.pdf 04-00967-purchasing bureau.pdf 04-00967-graph.pdf 04-00967-bidder list.pdf 04-00967-award letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0553 CA.25 04-00968 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF VISTA INTERNATIONAL, BEST MAINTENANCE & JANITORIAL SERVICE, AFTER HOURS CLEANING SERVICE AND DIAMOND CONTRACT SERVICES, AND ADDITIONAL VENDORS THAT MAY BE ADDED AS REQUIRED, FOR THE PROVISION OF PRE -QUALIFIED CUSTODIAL/ JANITORIAL SERVICES, FOR THE DEPARTMENT OF PURCHASING, TO BE USED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS FOR A TWO- YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $500,000 ; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF THE VARIOUS OPERATIONS DEPARTMENTS AND AGENCIES, AUTHORIZING SAID PURCHASES, AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS City of Miami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 PERMITTED BY LAW. 04-00968-cover memo.pdf 04-00968-award form.pdf 04-00968-award sheet.pdf 04-00968-tabulation sheets.pdf 04-00968-bid security Iist.pdf 04-00968-emails.pdf 04-00968-letters.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0554 CA.26 04-00969 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, RESCINDING THE BID AWARDED TO PRIT, INC. D/B/A U.S. LAWNS OF MIAMI TO PROVIDE GROUNDS MAINTENANCE SERVICES, PURSUANT TO RESOLUTION NO. 03-415, ADOPTED MAY 6, 2003, FOR FAILURE TO PERFORM AS CITED IN SECTION 3.25 OF BID CONTRACT NO. 02-03-015; AMENDING RESOLUTION NO. 03-415, TO REFLECT SAID CHANGE. 04-00969-cover memo.pdf 04-00969-detailed Iist.pdf 04-00969-pre resolution.pdf 04-00969-city of miami letters.pdf 04-00969-performance form.pdf 04-00969-city of miami faxes.pdf 04-00969-lawns of miami faxes.pdf 04-00969-city of miami faxes2.pdf 04-00969-emails.pdf 04-00969-amendment.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0555 CA.27 04-00970 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO TEMPTROL AIR CONDITIONING, PURSUANT TO RESOLUTION NO. 02-840, ADOPTED JULY 25, 2002, FOR THE PROVISION OF AIR CONDITIONING MAINTENANCE SERVICES FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $10,000, FOR THE SECOND AND THIRD CONTRACT YEAR, INCREASING THE CONTRACT FROM $46,840 TO $ 56,840; ALLOCATING FUNDS FOR SAID INCREASE FROM GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.290201.6.670; AND AMENDING RESOLUTION NO. 02-840, TO REFLECT SAID INCREASE. City of Miami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00970-cover memo.pdf 04-00970-budgetary impact.pdf 04-00970-police.pdf 04-00970-cost of repairs.pdf 04-00970-pre-resolution.pdf 04-00970-memo. pdf 04-00970-budgetary impact2.pdf 04-00970-bid award form.pdf 04-00970-tabulations of bids.pdf 04-00970-bid security list.pdf 04-00970-contract increase.pdf 04-00970 - addendum.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0556 CA.28 04-00975 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SPEAK EASY RETURNING TO OUR ROOTS, INC., ALSO KNOWN AS SPEAK EASY TUTORS, A FOR - PROFIT CORPORATION, ("LICENSEE") FOR USE OF APPROXIMATELY 1, 167 SQUARE FEET OF SPACE LOCATED AT 1490 NORTHWEST 3RD AVENUE, SPACE NO. 111 IN THE OVERTOWN SHOPPING CENTER, MIAMI, FLORIDA, TO PROVIDE EDUCATIONAL PROGRAMS AND ADMINISTRATIVE OFFICES ON A MONTH -TO -MONTH BASIS, WITH LICENSEE PAYING TO THE CITY OF MIAMI $7.50 PER SQUARE FOOT OR $729.38 PER MONTH, PLUS STATE OF FLORIDA USE TAX OF $51.06, IF APPLICABLE, FOR AN AGGREGATE AMOUNT OF $780.44, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING A SIX MONTH ABATEMENT OF THE MONTHLY USE FEE. 04-00975-cover memo.pdf 04-00975-budgetary impact.pdf 04-00975-exh ibit. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0557 CA.29 04-00976 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT TO ENTER INTO GROUND LEASE ("AGREEMENT") City of Miami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), TO: (1) PROVIDE AN EXTENSION OF ALL DEADLINE DATES IN THE AGREEMENT FOR EIGHTEEN (18) MONTHS FROM THE DATES SET FORTH IN THE AGREEMENT, PROVIDED THAT THERE IS NO EXTENSION TO THE OUTSIDE DATE WHICH IS DEEMED TO BE JANUARY 1, 2007, AND (2) CLARIFY CERTAIN DEFINITIONS RELATED TO "HOTEL A," "HOTEL B" AND THE APPROVED TIME SHARES, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE SAID AMENDMENT. 04-00976-cover memo.pdf 04-00976-exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0558 CA.30 04-00977 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA POWER & LIGHT COMPANY, A FOR - PROFIT CORPORATION ("LICENSEE"), FOR TEMPORARY USE OF APPROXIMATELY 20,000 SQUARE FEET OF SPACE WITHIN THE PARKING AREA OF CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, ALSO KNOWN AS MARINE STADIUM, TO BE USED BY LICENSEE'S CONTRACTOR AS A CONSTRUCTION STAGING AREA TO ASSEMBLE AND STORE THE PIPES TO RELOCATE THE PIPE TYPE TRANSMISSION LINES UNDER FISHERMAN CHANNEL; WITH PAYMENT OF A MONTHLY USE FEE TO THE CITY OF MIAMI, EQUAL TO $5.00 PER SQUARE FOOT OR $8,334, PLUS FLORIDA USE TAX, IF APPLICABLE; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 04-00977-cover memo.pdf 04-00977-exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0559 CA.31 04-00978 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SOUTHEAST TOTAL MARINE CENTER, INC. ("LICENSEE"), A FOR -PROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 2,198 SQUARE FEET OF SPACE WITHIN THE BUILDING OF THE CITY -OWNED City of Miami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR A USE FEE OF $2,000, PER MONTH, PLUS FLORIDA STATE USE TAX, IF APPLICABLE, FOR THE PURPOSE OF PROVIDING MARINE RELATED REPAIR OPERATIONS, CONCESSION SALES, AND THE SALE OF BOAT ACCESSORIES, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 04-00978-cover memo.pdf 04-00978-exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0560 CA.32 04-00979 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SOUTH FLORIDA MAINTENANCE SERVICE, FOR THE PROVISION OF EVENTS MAINTENANCE SERVICES FOR THE DEPARTMENT OF PUBLIC FACILITIES, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS, FOR THE ORANGE BOWL STADIUM ("ORANGE BOWL") AT AN ANNUAL CONTRACT AMOUNT NOT TO EXCEED $150,000, FOR THE COCONUT GROVE EXHIBITION CENTER ("EXHIBITION CENTER ") AT AN ANNUAL CONTRACT AMOUNT NOT TO EXCEED $80,000, AND FOR THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") AT AN ANNUAL CONTRACT AMOUNT NOT TO EXCEED $90,000, FOR A TOTAL ANNUAL CONTRACT AMOUNT NOT TO EXCEED $320,000; ALLOCATING FUNDS FOR THE ORANGE BOWL FROM ACCOUNT CODE NO. 404000. 350503.6.340, FOR THE EXHIBITION CENTER FROM ACCOUNT CODE NO. 415000.350201.6.340, AND FOR THE TRUST FROM ITS 2003-2004 OPERATING BUDGET, ACCOUNT CODE NO. 2213. 04-00979-cover memo.pdf 04-00979-award form.pdf 04-00979-award sheet.pdf 04-00979-tabulation sheet.pdf 04-00979-bid security Iist.pdf 04-00979-award form2.pdf 04-00979-award sheet2.pdf 04-00979-tabulation sheet2.pdf 04-00979-award sheet3.pdf 04-00979-tabulation sheet3.pdf 04-00979-bid security list2.pdf 04-00979-award form3.pdf 04-00979-award sheet4.pdf 04-00979-tabulation sheet4.pdf 04-00979-bid security Iist3.pdf 04-00979-bayfront letters.pdf 04-00979-award sheet5.pdf 04-00979-tabulation sheet5.pdf City of Miami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0561 CA.33 04-00980 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0091, ADOPTED FEBRUARY 26, 2004, AWARDED TO VARIOUS INFORMATION TECHNOLOGY CONSULTANT SERVICES VENDORS, FOR THE ACQUISITION OF INFORMATION TECHNOLOGY PROJECT MANAGEMENT SERVICES, SYSTEM INTEGRATION SERVICES, COMPUTER PROGRAMMING SERVICES, SYSTEMS ANALYSIS SERVICES, DATA BASE MANAGEMENT SERVICES, TECHNICAL SUPPORT SERVICES, AND OTHER TECHNICAL CONSULTING SERVICES, AWARDED UNDER VARIOUS STATE OF FLORIDA CONTRACTS, ON AN AS -NEEDED BASIS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; AUTHORIZING AN INCREASE IN THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $500,000, INCREASING THE TOTAL CONTRACT AMOUNT FROM $900,000 TO $1,400,000 FOR THE CURRENT FISCAL YEAR (2003-2004); ALLOCATING FUNDS FOR SAID INCREASE FROM VARIOUS OPERATING BUDGETS AND ACCOUNTS AS STATED IN RESOLUTION NO. 04-0091; ADDING THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM II GRANT AS AN ADDITIONAL FUNDING SOURCE; ALLOCATING FUTURE FUNDING FROM DESIGNATED SOURCES, SUBJECT TO BUDGETARY APPROVAL; AND AMENDING RESOLUTION NO. 04-0091 TO REFLECT THE INCREASE AND THE ADDITIONAL FUNDING SOURCE. 04-00980-cover memo.pdf 04-00980-budgetary impact.pdf 04-00980-pre legislation.pdf 04-00980-budgetary impact2.pdf 04-00980-awards.pdf 04-00980-consultant services.pdf 04-00980-amendment.pdf 04-00980 - addendum.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0562 CA.34 04-01002 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BUENA VISTA HEIGHTS NEIGHBORHOOD COMMUNITY WORKSHOP REPORT; DIRECTING THE ALLOCATION OF FUNDS FOR STREETSCAPE IMPROVEMENTS FOR BUENA VISTA HEIGHTS ("PROJECT") SUBJECT TO THE REVIEW OF COST ESTIMATES AS PROVIDED IN THE STREETSCAPE IMPROVEMENTS REPORT BY THE DEPARTMENTS OF PUBLIC WORKS, CAPITAL IMPROVEMENTS AND TRANSPORTATION; City of Miami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 DIRECTING THE PREPARATION OF A PLAN OF ACTION BY SAID DEPARTMENTS FOR THE IMPLEMENTATION OF THE PROJECT, ONCE FUNDS HAVE BEEN IDENTIFIED. 04-01002-cover memo.pdf 04-01002-budgetary impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0563 CA.35 04-00899 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN EQUITY, TO ENSURE CITY CODE COMPLIANCE OF THE VIOLATIONS RELATED TO WORK COMPLETED WITHOUT PERMITS AND ILLEGAL UNITS FOR THE PROPERTY LOCATED AT 3011 NORTHWEST 14TH STREET, MIAMI, FLORIDA, SO LONG AS THERE EXISTS INADEQUATE REMEDIES AT LAW AND THE LIKELIHOOD OF IRREPARABLE INJURY WILL OCCUR IF THE INJUNCTION IS NOT GRANTED; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE FORECLOSURE ACTION AGAINST THE PROPERTY LOCATED AT 3011 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR ANY OUTSTANDING LIENS RELATED TO CODE ENFORCEMENT OR COSTS RELATED TO THESE VIOLATIONS, PURSUANT TO APPLICABLE LAW. 04-00899-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0564 CA.36 04-01014 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "OVERTOWN TECHNICAL SUPPORT FUND" TO PROVIDE TECHNICAL SUPPORT TO THE OVERTOWN AREA FOR TRANSPORTATION -RELATED PROJECTS, CONSISTING OF GRANT FUNDS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION (" FDOT" ), IN THE AMOUNT OF $60,000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT 04-01014-cover memo.pdf 04-01014-budgetary impact.pdf 04-01014-MPO resloution.pdf 04-01014-agreement.pdf City of Miami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0565 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: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton END OF CONSENT AGENDA Chairman Teele: The consent agenda is before us now. Are there matters on the consent agenda that anyone would like to have pulled or taken out? Joe Arriola (City Manager): Commissioner, CA. 7 and CA.13, to defer them until September 23 rd. Chairman Teele: CA. 7 and 13. Thank you. Unidentified Speaker: Thank you. Chairman Teele: Thank you. Thank you all, Reverend Devo (phonetic), Bishop. Unidentified Speaker.: I am so sorry. Priscilla A. Thompson (City Clerk): Just -- Commissioner Regalado: Mr. Chairman. Chairman Teele: Yes. Vice Chairman Sanchez: If there's no discussion on the consent agenda, let's just go ahead and just get through them. I mean, are there any -- Chairman Teele: All right. We have CA. 7 and 13 being pulled. Are there any other matter -- Jerry Libbin: Mr. Chairman, excuse me. Chairman Teele: Yes. Mr. Libbin: I'd like to speak on CA. 10. I've registered. Chairman Teele: CA.10 is being pulled. Are there any other matter -- items? Commissioner Regalado: CA.10 has been pulled? Chairman Teele: For discussion. Vice Chairman Sanchez: Well, 1-- I'm never going to deny anybody the opportunity for a forum. I mean, if he wants to speak on the item, I'd be more than glad to defer it so he -- City of Miami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: Well, we don't need to defer it. Vice Chairman Sanchez: Well, we don't need to defer. I mean, he could go ahead and speak on it. We'll table it for now. Mr. Libbin: Mr. Chairman -- Vice Chairman Sanchez: But before we do that, can we just vote on the ones that we can agree on? Chairman Teele: All right. Commissioner Gonzalez: 1'!1 move the -- Chairman Teele: We have a motion on the consent agenda -- Commissioner Gonzalez: -- the balance of the -- Chairman Teele: -- with the exception of the four -- three items, 7, 13 and 10. Is there any other item? If not, we have a motion and second, with the exception of those three -- Ms. Thompson: I'm sorry. I'm sorry, Chair. 1 did not record the mover, nor the seconder, please. Chairman Teele: The motion was made by Commissioner Gonzalez; it was second by Commissioner Sanchez. Ms. Thompson: Thank you. Chairman Teele: Vice Chairman Sanchez. All right. On the motions that have been -- on the items that have been moved and second, is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Item Number 7 and 13, Mr. Manager, you wanted to defer those or pull them? Unidentified Speaker: 7 and 13. He asked if you want to defer it or pull it. Mr. Arriola: No. I'm sorry. 1 thought -- I said defer until September 23rd meeting. Chairman Teele: OK. Mr. Arriola: I'm sorry. Chairman Teele: Motion to defer 7 and 13 to the -- Vice Chairman Sanchez: So moved. Chairman Teele: Is there objection? Commissioner Gonzalez: Second. Commissioner Regalado: Second. City of Miami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: It's unanimously adopted. City of Miami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 PERSONAL APPEARANCES PA.1 04-01003 DISCUSSION ITEM MS. GLORIA VELAZQUEZ FROM GREENBERG TRAURIG, TO ADDRESS THE COMMISSION CONCERNING THE REQUEST OF THEIR CLIENT THE FOUR SEASONS HOTEL AND TOWERS TO PLACE DIRECTIONAL SIGNAGE FOR THEIR PRIVATE PARKING GARAGE AND VALET PARKING AREA WITHIN THE PUBLIC RIGHT OF WAY. 04-01003-req uest. pdf 04-01003-signage.pdf 04-01003-memo.pdf 04-01003 - submittal.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and passed unanimously, with Vice Chairman Sanchez absent, to DEFER item PA.1; further requesting Gloria Velazquez, Esq., representing the Four Seasons Hotel and Towers, to have her client redesign proposed directional signage for parking with higher quality models and to make a presentation of this proposal before the Brickell Area Homeowners Association to obtain its approval. Chairman Teele: We have -- next on the agenda, we have the personal appearances. Gloria Velazquez, Four Seasons Signage. Ms. Velazquez, let me apologize to you. We should have taken this up earlier. Commissioner Regalado: Thank you. Where are the personal appearance? Oh, OK. Chairman Teele: Following this, we'll do the emergency ordinances, while we'll have a -- that require a four -fifth -- Commissioner Winton: Yeah. Chairman Teele: -- while we have Commissioner Regalado here. Mr. Attorney, we'll take up the ordinances after this, emergency, second reading, and first ordinance; give us a chance to hear your voice. Gloria Velazquez: Good morning. My name is Gloria Velazquez, with law offices at 1221 Brickell Avenue. Here today representing the Millennium Partners, the owners of the Four Seasons Hotel and Tower. The City Code allows the City Commission to approve signs in a public right-of-way. The qualifications stated in your Code, with regards to these particular signs, is that they be restricted in size. Our request today is for directional signs for the building itself. It's not solely for the hotel. It's for the offices, for the gym, for the hotel, the condos, the restaurant, the retail on site. As you can see by the documents I distributed, there are going to be two signs that we're requesting to be placed in the public right-of-way. The sign -- will be one sign on each location on 14th Terrace and 14th Lane that will say "valet parking" and "self - parking." Typically, signage is placed in a public right-of-way to improve public safety. These directional signs are placed to assist drivers throughout the city, and these signs typically benefit the general public. Chairman Teele: Commissioner Winton, are you comfortable with this? Commissioner Winton: I have a number of comments. Do you all have a resolution from the Brickell Area Association in support of this? City of Miami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Velazquez: No, we don't. Commissioner Winton: I think that you need a resolution in support of this from the Brickell Area Association because once we allow these signs in the public right-of-way, then every building's going to want them -- Vice Chairman Sanchez: That's -- Commissioner Winton: -- and 1 don't have any --1 don't necessarily --1 think signage is a good thing, particularly around these big buildings because people get confused and they drive all over the place, but that's comment number one. Comment number two, I think the quality of these signs for a Four Seasons hotel, you've got four by four wooden, four by four -- what's the right term I want to use here? -- cheap signage, that's not -- I don't think it's what we want on Brickell. I can't imagine it's what the Four Seasons wants, so I think when you come back, let's get something out there. If it's -- if this is going to be permanent signage, let get permanent signage out there that works. Ms. Velazquez: OK. Commissioner Winton: And that's classy, and I think if -- Ms. Velazquez: We'd be happy to. Commissioner Winton: -- you go to the Brickell Area Association with something that's classy, I suspect you're going to -- no, I don't -- oh, yeah, because you guys are kind of in the middle of the homeowners and the Brickell Area Association, so I think you need to go to Brickell Homeowners Association -- Brickell Area Association and get those folks to sign off, but I would take them a classier product -- Ms. Velazquez: Will do. Commissioner Winton: -- so that when they look at it, they say, "Yeah, this is great," and if somebody else wants to use it in their right-of-way, too, because there's a need, that's going to be a good thing -- Ms. Velazquez: OK. Commissioner Winton: -- as opposed to, "Oh, my God, we're going to have these all up and down Brickell?" OK. Thanks, Gloria. Ms. Velazquez: no problem. We'd be happy to do that. Chairman Teele: Public Works and Planning. Stephanie Grindell: Stephanie Grindell, Director of Public Works. I would just like to state for the record that Public Works recommends denial of these signs. Commissioner Winton: Well, there you go. Ms. Grindell: According to the MUTCD (Manual of Uniform Traffic Control Devices), the signage is placed in a right-of-way for improvement of public safety and regulating motorists, and we don't believe that these signs are in fact assisting the public, but the actual developer and the -- City of Miami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: Mr. Chairman, if I may. Commissioner Winton, one of the biggest problems that we have, citywide, I think, is a lot of illegal signs that are out on businesses, and while I see, you know, the quality of signs that may be should be going up in right-of-ways, what I think if we open up the door here is that, as you stated, we're going to have a lot of businesses that want to be putting out signs, so if you did it for one, you've got to do it for everybody, so that's a concern that I have on this, so -- Commissioner Winton: Well -- but in -- I will tell you that in downtown, with Department of Off -Street Parking, there are -- and in any city I've ever been in -- there are -- there is public signage relative to parking. This is about parking, and there's public signage all over the United States identjing where you get to parking, and that's what this really is all about. I think these signs are lousy signs, but I'm not sure that I agree with Public Works that this isn't in the public interest. You've got a million square foot building there. You don't have a 20,000 square foot building that four people are going to go into; you've got a million square feet plus that has a lot of traffic, relatively narrow roads in a -- kind of a congested area, and so you really want them to know where they need to go, and if you've been to the Four Seasons, you also know that identifying the entryway to their garage is not -- unless you've been there, you never guess that that little entryway, when you get right behind the building, is the real entryway to their parking facility, so 1 don't have the same view about the public purpose that you all have, and I'd like to hear more about that, I guess. Ms. Grindell: Well, I'd like to mention one more thing. Commissioner Regalado: If I -- Ms. Grindell: Go ahead. Commissioner Regalado: Yeah. In Miami Beach -- Chairman Teele: Excuse me. Is Planning here? Is the Planning Director here? Joe Arriola (City Manager): Commissioner -- Commissioner Regalado: Mr. Chairman, I just -- Mr. Arriola: -- can I make a little statement for one moment? No? Ms. Grindell: Can I make a statement in the meantime? Mr. Arriola: Oh, I'm sorry. Commissioner Winton: But 1 think the Commissioner -- Chairman Teele: Hold it. Commissioner Regalado -- Mr. Arriola: Oh, I'm sorry. Commissioner Winton: -- has the floor. Chairman Teele: -- has the floor; Commissioner -- City Manager, and the Public Works Director. Commissioner Regalado: I just want to say that I completely agree with Commissioner Winton. If you go to Miami Beach, you'll see the signage directing the people to go valet, to go -- City of Miami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton.' Right. Commissioner Regalado: -- own -- park -- Commissioner Winton: Self -park. Commissioner Regalado: -- you know, your own car because it's very confusing. If you go to the Ronnie Plaza in 23rd and Collins -- a family of mine has a condo --1 get confused every time, and had not been for the signs on the street that says "valet parking" or "condo" or -- Commissioner Winton: Right. Commissioner Regalado: -- "hotel" -- Commissioner Winton: You're lost. Commissioner Regalado: -- I always make a mistake. I mean, it is in the public purpose to guide the people because, if not, you have to turn around and start U-turning around and around Brickell. It's scary. You know, I -- it's Commissioner Winton's district, but I think that we have to think out of the box here. I think that we need to help the people that is going to be visiting there. I'm sure that there's going to be a lot of weddings in that hotel. There is going to be a lot of conventions. A lot of people are going to be, you know, looking for the place to valet or to park their own cars, so I don't understand what is the problem here, because I've seen it in other areas, you know. Ms. Grindell: The main concern that I have is that we, in Public Works, receive three to five requests a week related to putting signage in the right-of-way, and the more signage that we have that's not related to traffic control, the concern is that the focus is going to be on those signage and not on traffic control. Commissioner Winton: But this is traffic control. This doesn't -- this isn't advertising the health club or the office building or the restaurant or any of their private enterprises. This is showing the public how they park to get into that facility. Commissioner Regalado: Where do you take your car? Where do you think you'll go with -- ? Commissioner Winton: This is only about parking, and that's the reason I just see this so derently. This is about parking. This isn't about -- this doesn't say turn here to get to the LA Fitness Center; turn here to go visit "X" law firm; turn here to visit the restaurant; doesn't say any of those things. This says parking, valet parking garage. That's -- Vice Chairman Sanchez: Johnny, I think that -- Commissioner Winton: -- public purpose in my mind. Vice Chairman Sanchez: And I could see that point. Commissioner Winton: And by the way -- Vice Chairman Sanchez: I think the concern here is that we don't have the proper legislation. Mr. Arriola: That's what I was going to say. Vice Chairman Sanchez: And when you don't have the proper legislation, you open the door for -- City of Miami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: OK, I agree with that. Vice Chairman Sanchez: -- everything. Commissioner Winton: Good point. Vice Chairman Sanchez: So if we have the proper legislation to draft it or create it where it serves a purpose and it closes the loopholes as to other people that may want to be putting signs in the, you know, right-of-way, then -- Commissioner Winton: Right. Vice Chairman Sanchez: --1 could support it. Commissioner Winton: I agree with that, Joe. Vice Chairman Sanchez: But now I'm concerned. Commissioner Winton: I agree with you, and 1 think that's a great point. Chairman Teele: Mr. Manager. Mr. Arriola: No. As a matter of fact, that's the point I was going to make right now. I just think we need to have a vehicle so -- Commissioner Winton: Yeah. Mr. Arriola: Because we do get three or four applications every week, and we could end up with a -- you know, we deny one and we accept the other one. What I think we should do is, you know, go back, put the proper lid -- you know, we'll work with the attorneys and put the proper thing in place, and we'd be delighted to allow it. I just don't want it to get out of control without having it. Commissioner Winton: If this said anything other than parking, I would be opposed. Mr. Arriola: OK Commissioner Winton: Because I completely agree -- Mr. Arriola: Good. Commissioner Winton: -- but this just is related to Parking. That's all it is and that's the reason I'm -- Mr. Arriola: Let us work and -- Commissioner Winton: All in favor. Mr. Arriola: -- do something that -- Chairman Teele: Commissioner -- Mr. Arriola: -- we'll be consistent with. City of Miami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: OK. Chairman Teele: Commissioner Winton, I asked the Planning Director to come out, because I think -- Commissioner Winton: That was a good idea. Chairman Teele: I think I fully agree with what you're saying and Commissioner Regalado, in that we need to do a study, and it needs to involve both the homeowners association there on Brickell and the business association, but from Brickell -- on the east side of Brickell, from 13th Street, all the way down to about 17th or 18th, you have a problem with all of those businesses, starting with -- well, we have the Four Seasons. The Four Seasons -- if you start at 13th, that's where Greenberg office is, right? Ms. Velazquez: Well -- Chairman Teele: And you have the restaurant there, which is -- Ms. Velazquez: Capriccio. Chairman Teele: Capriccio. Those people have a major problem with the way the parking is laid out there. They've tried, unsuccessfully, for two years to get a hearing at Planning or Building and Zoning right there on Capriccio's, at 13th and Brickell. We're talking now about the east side. The next building is the Conrad, the -- Ms. Velazquez: (UNINTELLIGIBLE). Chairman Teele: Where the Conrad is. You enter the parking from the Conrad from the south, OK. The next building is the Four Seasons. You enter the parking there from the north. I mean, it is -- and both of those are five-star hotels, or reportedly five-star hotels, or whatever they are. Both of those are high -density buildings, and there's no logic to it, and we can't undo the buildings, but we are trying to make the parking for the benefit of the citizens and the visitors that go in there, and I fully agree that, as long as they're talking about how you enter the parking or the valet, there needs to be enough flexibility in our code to provide that, and so I'm very -- Commissioner Winton: And that's a great example you gave, where the public has no idea -- OK, on this one, 1 go to the left; on this one, I go to the right, and nobody knows. Chairman Teele: Unless you've been there, you don't know, but the Conrad, you enter from the south. Commissioner Winton: Yeah. That's a great -- it's a great point. Chairman Teele: The Four Seasons, which is right next door, you enter from the north, and unless you are -- you know that -- and then what you're doing is, you're flooding those side streets and back streets -- Commissioner Winton: Bingo. Chairman Teele: -- with traffic of people who are disoriented, and I'll tell you, I get confused and I've been to both -- or all three of them, I should say, because on one -- at the -- at Capriccio's, you valet park from the south, but the building -- but their restaurant's on the -- you valet park on the north, but the restaurant's on the south, so -- I mean, somebody needs to sit down with the people and we need to do a plan, and it really shouldn't be this tacky Four Seasons drawing that -- you know, which is really -- City of Miami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: Isn't that tacky? Chairman Teele: Yeah. That's really not representative of Four Seasons. Commissioner Winton: Huh? Chairman Teele: And I think -- you know, the Manager's point and the Public Work's point has got to be preserved, and that is, we've got to write it in such a way that we don't open the floodgates for everybody to do everything, so -- the other thing, Mr. Manager, is, 1 don't think these things -- Mr. Manager and Mr. Attorney, these kinds of items should come before this Commission without a public hearing -- without a notice of public hearing. We keep saying that, but somehow we've got to go back and look at our code on what requires a public hearing, but we should not be entertaining -- with all due respect to the very competent lawyer and the law firm -- we should not entertain these things without the public that reasonably can be affected, having knowledge that we're going to do it, because we could make a serious mistake, so -- Commissioner Winton: Yep. Chairman Teele: Would there be a motion to defer it or deny it or -- Commissioner Winton: To defer. Commissioner Gonzalez: Second. Chairman Teele: Motion to defer. Commissioner Winton: With a direction to go back to the (INAUDIBLE). Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Now, we had some people here on the Brickell. Ms. Velazquez: Thank you. Commissioner Winton: You're welcome. City of Miami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ D1.1 04-01009 DISCUSSION ITEM DISCUSSION CONCERNING ALLOCATING $11,200 TO MIAMI LATIN FIRE CO. TO HOLD A MUSICAL EVENT ON SUNDAY, DECEMBER 5TH, 2004 AT ANTONIO MACEO PARK TO COMMEMORATE THE BIRTH OF THIS CUBAN LEADER. 04-01009-email.pdf DISCUSSED Discussion on Item D1.1 resulted in the resolution below: (D1.1) 04-01009a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN THE AMOUNT NOT TO EXCEED $11,200, TO THE MIAMI LATIN FIRE COMPANY TO HOLD A MUSICAL EVENT ON SUNDAY, DECEMBER 5, 2004, AT ANTONIO MACEO PARK TO COMMEMORATE THE BIRTH OF THE CUBAN LEADER, ANTONIO MACEO; ALLOCATING FUNDS FROM THE DISTRICT 1 SPECIAL EVENTS ACCOUNT NO. 001000.921054.6.289. Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Teele Absent: 2 - Commissioner Sanchez and Regalado R-04-0607 Commissioner Gonzalez: Let Commissioner Winton do his -- Chairman Teele: All right. He's already done his. DI is allocating $11,200 to the Miami Latin Fire Company. Would you like to move that? Commissioner Gonzalez: So move. Chairman Teele: Is there a second? Commissioner Winton: Second. Chairman Teele: Is there objection or discussion? Is the Budget Director available? Is the Finance Director available? Commissioner Winton: What are we doing? Chairman Teele: I do this just to make sure that everybody's on page. DI, Discussion -- City of Miami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: So who do we need here? Chairman Teele: I'm sorry. District Item Number 1. Commissioner Winton: Yeah, and so we've got a motion and a second. Chairman Teele: It's being allocated. It's being moved by Commissioner Gonzalez, second by Commissioner Winton. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The item is adopted, 3/0. D1.2 04-01010 DISCUSSION ITEM DISCUSSION CONCERNING NAMING N.W. 51 AVENUE BETWEEN 7 TH STREET AND 2ND STREET JUAN AMADOR RODRIGUEZ WAY. 04-01010-email.pdf DISCUSSED Direction to the City Manager by Commissioner Gonzalez to ensure that Miami -Dade County places signs of codesignated streets in a timely fashion. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and passed unanimously, with Commissioner Regalado absent, directing the City Manager to schedule a status report on the second meeting in October listing the codesignated streets for the last six years and whether their new signs are in place. Discussion on Item DI.2 resulted in the resolution below: (D1.2) 04-01010a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REFERRING THE PROPOSED CODESIGNATION OF NORTHWEST 51ST AVENUE BETWEEN 7TH STREET AND 2ND STREET, MIAMI, FLORIDA, AS "JUAN AMADOR RODRIGUEZ WAY" TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE; DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0608 Chairman Teele: The naming of Juan Amador Rodriguez Way. Commissioner Gonzalez: Right. The naming of Northwest 51st Avenue between Northwest 7th Street and 2nd Street Juan Amador Rodriguez Way. Once again -- Commissioner Winton: Joe, is your -- City of Miami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: If you allow me, I would like to ask, once again, the City Manager -- Mr. City Manager. Vice Chairman Sanchez: Joe Arriola. Commissioner Gonzalez: Once again, I'm codesignating one street in the City of Miami. We keep doing this, and we can't get the County to put up the signs. I mean, you know, we have to come up with a conclusion. Either we stop doing -- designating streets. Commissioner Winton: So moved. Commissioner Gonzalez: -- or we get together with the County -- Commissioner Winton: So moved. Commissioner Gonzalez: -- and do whatever is necessary to make sure that the County put up the signs. I have named about five streets. I'm going to give you a perfect example: Police Memorial Boulevard. I codesignated that street about two years ago and we're still waiting for the County to decide what they're going to do with the sign and, you know, I --1 would like to know, either we designate a street or we don't, because it doesn't make any sense that -- you know, people are asking you to designate a street -- Commissioner Winton: Absolutely. We get the phone calls back Commissioner Gonzalez: You do it and then they call you back and say, "What's happening, you know?" Commissioner Winton: Yeah, yeah. Commissioner Gonzalez: "You're not doing anything." Commissioner Winton: Who -- by the way, who pays for the signage if a hurricane blows them all away, for the replacement signs? Chairman Teele: FEMA (Federal Emergency Management Agency). Commissioner Winton: Yeah. Commissioner Gonzalez: FEMA. Commissioner Winton: Are you sure? Chairman Teele: I mean -- Commissioner Gonzalez: So -- Chairman Teele: If you put it in -- Commissioner Gonzalez: -- that is my motion. Chairman Teele: You've got to put the request in. Is the Public Works Director available on this? Commissioner Regalado: Yes. City of Miami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: Madam Director, did you hear the Commissioner's concerns? And who is the liaison with Public Works from the City with the County on street designation? Stephanie Grindell (Director, Public Works): It's Joaquin Urrechaga, but we've been sending letters to the Public Works Director, as well. They were actually very instrumental in helping us get the last couple through. Commissioner Winton: So you mean you're making progress, is that what you just said? Ms. Grindell: We are making some progress, but 1 hesitate to be too -- Chairman Teele: Who's the Public Works Director -- Ms. Grindell: -- excited about it. Chairman Teele: -- of the County? Ms. Grindell: Aristedes Rivera. Chairman Teele: He's very competent and very responsive, if it gets to his level. Well, at least one person feels that way. Mr. Arriola: Commissioner, I just talked to Frank. What I'm going to do on Monday, Frank and I are going to make that call directly to the County Manager and have them assign somebody and go through the whole file. Frank and I, we'll look into it. Commissioner Gonzalez: You know, I would rather do this -- do it this way, because if this doesn't get solved, I'm going to go before the County Commission and I'm going to tell the County Commissioners what we're going through here because their people are not doing what they're supposed to be doing. Because if, at the City level, our employees don't do their job and don't follow what -- you know, what they have to follow, people come here and complain to us, so might as well go to the County, you know, and you better tell the director, whoever it is, I'm sick and tired of you know, bringing this up every time we have a street codesignation. Chairman Teele: Could we do this -- Commissioner Gonzalez: Next time I'm going to the County. Chairman Teele: Commissioner, could we do this: Could we pass this, and then would you offer a motion requiring a special report within 45 days, or say, for the second meeting in October -- Commissioner Gonzalez: Yes, sir. Chairman Teele: -- on the status, and give everybody a chance, as the Manager's outlined? Commissioner Gonzalez: Yes, sir. Chairman Teele: All right. So on the motion that we have before us, we have a mover and a seconder. Priscilla A. Thompson (City Clerk): I'm sorry. 1 do not -- Commissioner Gonzalez: 1 move DI2. City of Miami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: Moved and second. Commissioner Winton: I second it. Ms. Thompson: Thank you. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Now, we have a motion from Commissioner Regalado -- Commissioner Gonzalez, requesting that the Manager issue a report by the second meet -- not later than the second meeting in October on the status of the -- all street codesignations over the last -- six years -- Commissioner Gonzalez: Right. Chairman Teele: -- or so, and a specific report on the relationship with the County in facilitating this. Commissioner Gonzalez: So move. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. D1.3 04-01012 DISCUSSION ITEM DISCUSSION CONCERNING ALLOCATING $10,000 FROM COMMISSIONER GONZALEZ OFFICE BUDGET TO SANTA MARTA DE ORTEGUERA TO ASSIST IN THE REPAIRS TO THEIR BUILDING THAT WAS AFFECTED BY FIRE. 04-01 01 2-email. pdf DISCUSSED Discussion on Item DI.3 resulted in the resolution below: (DI.3) 04-01012a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN THE AMOUNT NOT TO EXCEED $12,000, TO SANTA MARTA DE ORTEGUERA TO ASSIST IN THE REPAIRS TO THEIR BUILDING THAT WAS AFFECTED BY FIRE; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $10,000, FROM COMMISSIONER GONZALEZ'S OFFICE BUDGET, ACCOUNT NO. 001000.920.921.6.930 AND AN AMOUNT NOT TO EXCEED $ 2,000, FROM VICE-CHAIRMAN SANCHEZ'S OFFICE BUDGET, ACCOUNT NO. 001000.920.918.6.930. Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado City of Miami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 R-04-0609 Chairman Teele: Now, we did not finish the PH (Public Hearing) items. We were trying to get all the four -fifths items. Commissioner Winton: Doesn't -- Commissioner Gonzalez: We still have one more item -- Commissioner Winton: Commissioner Gonzalez has one more item. Commissioner Gonzalez: -- Mr. Chairman. Chairman Teele: Oh, Commissioner, I'm sorry, and you have another -- Commissioner Gonzalez: Item, right. Allocating $10,000 from my office budget to Santa Marta de Orteguera to assist -- Commissioner Winton: Second. Commissioner Gonzalez: -- in the repairs to their building that was affected by fire. Vice Chairman Sanchez: Discussion. Commissioner Gonzalez: They have no insurance. Vice Chairman Sanchez: Discussion. That's -- that was the building that burned down and it's -- Commissioner Gonzalez: That burned, right. Vice Chairman Sanchez: -- and they were not able to get assistance from -- Commissioner Gonzalez: They didn't get assistance from anybody. Vice Chairman Sanchez: I would also add to that, from my office account, $2,500. Commissioner Gonzalez: Thank you. I really appreciate it. Chairman Teele: Does the seconder accept the amendment? Yes. Commissioner Gonzalez: I accept the amendment. Chairman Teele: All right. Commissioner Winton: Oh, yeah, yeah, yeah. Chairman Teele: All right. Motion amending it to $12, 000 from the two accounts so stated. All those in favor of the motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: As amended. All opposed? The item is unanimously adopted on a vote of 4/0. DISTRICT 2 City of Miami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 COMMISSIONER JOHNNY L. WINTON D2.1 04-00893 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING AN AMENDMENT TO THE BRICKELL FLAGLER SECURITY GUARD SPECIAL TAXING DISTRICT, CREATED BY ORDINANCE NO. 11302 , ADOPTED SEPTEMBER 14, 1995, FOR THE PURPOSE OF PROVIDING THE RESIDENTS OF BRICKELL AVENUE BETWEEN SOUTHEAST 32ND ROAD AND SOUTHEAST 26TH ROAD, MIAMI, FLORIDA, A ROVING SECURITY GUARD FROM 7:00 PM TO 7:00 AM ON WEEKDAYS, SECURITY 24 HOURS ON THE WEEKENDS AND THE USE OF AN OFF -DUTY OFFICER IN LIEU OF THE ORIGINAL SECURITY SERVICE, SUBJECT TO THE PROVISIONS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY. 04-00893-exhibit.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0567 Direction to the City Manager by Chairman Teele to meet with the City Attorney to facilitate a mechanism and process in the Public Works Department, where anyone requesting a special taxing district, comes through the City's Public Works Department to obtain appropriate support at the County Public Works Department; and further requesting the City Clerk to expedite the approved resolution. [Note: Clerk had resolution finalized on 9-10-04.1 Chairman Teele: Brickell Flagler Security Guard Special Tax District, and we apologize. You've been here since 9 o'clock. James Marx: Thank you, sir. Thank you. Commissioner Winton: Pull it up. Chairman Teele: Pull it up. Commissioner Winton: Yeah, there you go. Chairman Teele: Give us your name and address for the record, please. Mr. Marx: OK. My name is James Marx. 1 reside at 2850 Brickell Avenue. I'm here as the president of the Clt Hammocks Homeowners Association, which is the homeowners association for the street in which there's a special taxing district, and we're here before you today asking to be permitted to have a vote -- essentially as a street -- to be able to vote on whether we're going to have this amendment. The Taxing District is for security, and it was initially set up in 1997, and it -- however, it was going to be for security for a guardhouse. The guardhouse hadn't been built and throughout all that time, we've been receiving security by way of a roving security guard on the street. The street has only one -- ingress and egress are only through one place, which is 32nd Road, and recently or not really so recently, it was at the very beginning of this year, there -- a consensus was reached by our homeowners, through several meetings with the City of Miami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 homeowners association, and we sent out a -- questionnaires, and through several meetings, it was agreed by a strong majority that we wanted to change our Taxing District to permit off -duty police officers in lieu of the security guards, and to also include the hours so that we'd have hours covered on the weekends when the park is open, because this is on that street where Alice Wainwright Park is on. All homeowners have been invited, included and had the right to participate at each stage. The -- we went through and we got petitions. The petitions were signed of our 14 homesteaded homes, we had 11 in favor, 2 against, and one that didn't vote, but everyone's been informed. Commissioner Winton: And what is it -- what's the action we need to take? Mr. Marx: Well, what I'm asking for is your approval of the resolution to enable us, pursuant to the petition, to have our electorate in our district decide whether or not we're going to amend our Taxing District, as I've mentioned. Commissioner Winton: To allow for police -- off -duty policemen to do the patrol as opposed to private companies doing the patrol? Mr. Marx: Yes, sir. Commissioner Winton: So moved. Vice Chairman Sanchez: Second. Commissioner Regalado: Second. That's a great idea. Chairman Teele: Is there any input -- could we hear from Public Works, please? Ms. Grindell: I'm sorry. I don't know where they are. Chairman Teele: You all have a recommendation? Stephanie Grindell (Chief of Operations): I'm sorry. I don't know which item we're on. Commissioner Regalado: Talking about the Bricketl. Priscilla A. Thompson (City Clerk): D2. I. Mr. Marx: D2.1. Chairman Teele: Who's the liaison -- who is the point of contact -- Vice Chairman Sanchez: Who -- Chairman Teele: -- with the County on these special tax districts, special security guard tax districts in Public Works? Mr. Marx: Charles Small sir. Chairman Teele: Who? Mr. Marx: Charles Small. Chairman Teele: In the City? City of Miami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Marx: I thought you said the County. Chairman Teele: No. Mr. Marx: No? OK. Maria Chiaro (Assistant City Attorney): Commissioner -- Mr. Chairman, we worked with the representative here. They have approval from the Police Department. This is a Police issue. It was the Police Department that approved. Chairman Teele: With all due respect, ma'am, special tax districts are set up pursuant to County ordinance by County Public Works. Every aspect of Special Tax Districts is done through the Public Works Department, and I'm just trying to see who in the City is our liaison for special tax districts because I've had a couple of complaints of people who can't even get in the system. Ms. Grindell: I don't have one in Public Works. Chairman Teele: Huh? Ms. Grindell: 1 don't have a liaison in Public Works. Commissioner Winton: Sounds like we don't have one. Chairman Teele: So you all are dealing strictly with the County on this, and then you all went around to the City Police Department on it? Mr. Marx: Well, we've dealt with the -- we initially started with the County on the petition process, and then -- Chairman Teele: It's pursuant to a County ordinance. Mr. Marx: Yes, sir, but then we've also spoken with the City Attorney's Office and the City Manager's Office and the City Police; all of which that have agreed to the form of the resolution that we're proposing. Chairman Teele: All right. Commissioner Winton: So it sounds like there's not a clean -- you know, a clear path. Chairman Teele: Yeah, but -- Commissioner Winton: You just -- whoever's doing that, they kind of launch in and -- Chairman Teele: Thing this has been -- this thing has always been botched up with the City. We had the Sylvester Stallone issue. Commissioner Winton: Um-hmm. Chairman Teele: And, Mr. Manager, respectfully, what we really need to do is get with the City Attorney and your office and see if we can facilitate, in our Public Works Department, a mechanism and a process where everybody who's doing Special Tax Districts coming comes through the City Public Works Department and they get the kind of support they need at the County special -- Public Works Department, where they have a Special Tax Division. There's a division chief in Public Works at the County that does this, and we've got a number of requests, particularly coming out of the Little Haiti/Buena Vista area, and I would imagine, with the City of Miami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Midtown Miami, you're going to see the spawning of a whole new series of public works requests; for example, that thing that's being done over there now at D-Place, the Design Place. I'm not sure that meets with the County Public Works ordinance, and we really need to get our City Public Works to go through that, and that may be a good one to facilitate a pilot program. If there are no objections from the City Police Department and the City Attorney and the City Public Work demurs, we have a motion and a second on this item for approval, as requested, and that would be supporting an amendment going to -- Mr. Marx: Yes, sir. I'm asking for the right to vote -- for the community to vote to amend. Chairman Teele: Yeah, but doesn't the County have to provide you with that right, ultimately? Mr. Marx: Yes, sir. They would need to -- we would also need to go up to a County hearing, and they'd need to -- Chairman Teele: That's what I'm saying. Mr. Marx: Yes, sir. Chairman Teele: See, we're not getting the professional input from the City Public Works staff on your request, and 1 assume that your request is a good one and I assume that we're going to approve it, but I'm just merely simply saying that we should be represented and you should be represented at the County, assuming this resolution passes, which we're going to do. All those in favor of the motion to support your request and that this request will go to the County, as an affirmative recommendation from the City, with the support of the City Manager and City Attorney, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." The item is unanimously adopted Thank you, Commissioner. Commissioner Winton: Thank you. Mr. Marx: Thank you. Vice Chairman Sanchez: Good luck on your vote. Commissioner Winton: Thanks. Mr. Marx: Thank you. Chairman Teele: Who's your district Commissioner, Barreiro? Vice Chairman Sanchez: No, Jimmy Morales. Commissioner Winton: Yeah. Mr. Marx: Yeah. Vice Chairman Sanchez: Well, not anymore. Chairman Teele: Huh? Mr. Marx: Morales. City of Miami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: OK. Well, maybe you can get to Commissioner Morales and get a fast hearing over there. Mr. Marx: Thank you. Commissioner Regalado: Before November. Commissioner Winton: Better do it fast. Chairman Teele: Move fast. Commissioner Winton: Before November. Chairman Teele: We'll try to get -- ask our Clerk to expedite your -- the resolution that we've just approved, all right? Thank you. Thank you for being so patient. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-00997 DISCUSSION ITEM MR. CHARLIE COX, PRESIDENT OF AFSCME- LOCAL 1907 TO ADDRESS THE COMMISSION CONCERNING THE FY'04 - FY'05 BUDGET. 04-00997-cover memo.pdf 04-00997 - submittal.pdf DISCUSSED Commissioner Regalado: Mr. Chairman. Vice Chairman Sanchez: Yes, sir. Commissioner Regalado: Are we doing the blue pages now? Because I had request time for Mr. Charlie Cox, president of AFSCME (American federal, State, County, and Municipal Employees), Local 1907, to address the City Commission concerning the budget. Now, it's whether you all want to do it within the budget process or now? Chairman Teele: We'll do it now. Commissioner Regalado: We can do it now if you -- Commissioner Winton: Heck yeah. Commissioner Regalado: Would you agree? Chairman Teele: Is there any other -- do we have any other items? We have some discussion items and that's all. Is the -- is Art Noriega here? Joe Arriola (City Manager): Yes. City of Miami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: Mr. Chairman, are we -- Chairman Teele: Yes. Commissioner Regalado: One of -- the item on the blue page of District 4 was presentation by Mr. Charlie Cox regarding the budget, and -- as part of us trying to understand -- at least me trying to understand the Union's issues and the budget in the City of Miami. Vice Chairman Sanchez: Mr. Chairman. Charlie, you know the Fair Labor Practices, 1 want to make very clear. Are you going to be addressing budget items? You're not going to be discussing anything that could put this City or expose this City to any accusation or -- Charlie Cox: Absolutely not. Vice Chairman Sanchez: -- Fair Labor Practice? Mr. Cox: I'm not talking about no contracts, at all. Vice Chairman Sanchez: OK. Mr. Cox: Not at all. Vice Chairman Sanchez: OK. Mr. City Attorney. Mr. Cox: My name is Charlie Cox. Vice Chairman Sanchez: Wait. Before you go, Mr. City Attorney, could you state on the record, to protect our interest in case -- maybe not coming from you, but maybe a direction -- a question coming from the Commission that might put us in a liability or might put us in a very awkward situation. Jorge Fernandez (City Attorney): Yeah. The -- my only concern with this is that it's, of course, public knowledge to everyone, particularly to the Commissioners, that we are presently engaged in collectively bargaining all of these labor contracts, and state law is very specific with regard to the role that this Commission plays in that process. This Commission has delegated authority to the City Manager or his designee to be, in fact, the agent who conducts all of the negotiations, and this Commission's involvement in that process is limited to either resolving or addressing an impasse or when there is an agreement, in fact rating and voting on it. Any other involvement by this Commission, as a body, in that collective bargaining process will be subject to serious scrutiny and may place this Commission in a position of being found of conducting or engaging in an unfair labor practice, so I caution you in whatever discussion, whatever presentation is made to you, that's fine, coming from them because you cannot control what the nature of the presentation is, but with regard to your comments and your involvement and your discussions, that you defer to your City Manager, who is your agent for purposes of negotiating the collective bargaining agreement. Commissioner Regalado: You sound like Joel Maxwell. Mr. Fernandez: Oh, please. Vice Chairman Sanchez: Hey -- and Charlie, no disrespect intended. We've -- you know, I've sat on both sides of the table and we've got to be very careful, you know it. 1t may not come from you. It could be a question from one of us and it puts the City -- City of Miami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Cox: And 1 totally understand that. Vice Chairman Sanchez: OK. Mr. Cox: But a lot of statements were made by you all about the budget, and what I'm responding to is the statements that were made by y'all -- Vice Chairman Sanchez: Pertaining to the budget. Mr. Cox: -- about the budget. That's it, and statement of facts of what really, really it means, and a lot of it is going to be directed at Commissioner Winton. At the last City Commission meeting, a lot of questions were asked about our pension. I want to make certain that your questions are answered and they are answered in a truthful way. A lot of statements were made about City employees' pay, and about pay in private industry, about the way things work in the City. A number of statements have been made to the press about how City employees are simply a drain on the City, and the City can't meet its obligation because of the high cost of pensions. Commissioner Winton: I don't think that's (UNINTELLIGIBLE) to me. Mr. Cox: 1 want to -- Commissioner Winton: So it's -- Mr. Cox: Pull out the newspaper, but that's -- Commissioner Winton: Speak the truth, the truth. Mr. Fernandez: Well -- Mr. Cox: I am. Mr. Fernandez: Mr. -- Mr. Cox: Intend to. Commissioner Winton: That has never been said. Vice Chairman Sanchez: See, this is dangerous. Mr. Fernandez: Mr. Chairman. Mr. Cox: I want to clarini that many misstatements have been made. As you make your decisions, we want you to have all the information. We want to be -- base your decision on facts. I am to be -- I intend to be a one person truth squad so that each of you, the City administration and most importantly, the taxpayers of the City of Miami, will know the truth. Chairman Teele: Mr. Cox, I would appreciate if you would direct your comments to the Chair -- Mr. Cox: Yes, sir. Chairman Teele: -- and not to an individual Commissioner. Mr. Cox: Yes, sir. I apologize. With all due respect to each and every elected official and high- ranking appointed officials, let me say that the City of Miami was here before you came and the City of Miami will be here once you leave. You each have earned the right to represent the City of Miami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 taxpayers of the City Miami for a certain period of time and we don't argue that. We only state that the people of the City of Miami want to make certain that there is a professional workforce that is not beholding to any politician, which may come and go, but is beholding to this city and its people. First, it has been said that the pensions are just a drain on the city and it may cause it to go bankrupt. The truth is, bankruptcy is because of mismanagement of this administration and prior administration and the decision -making by Commission after Commission. For example, 19 executives were forced out by the present administration, and these people retired way before they planned to. This caused quite a spike in the pension costs for this year and going forth. Now, let's talk about the pension. Commissioner Winton -- Commissioner Winton: Yes, 1 did say -- Mr. Cox: -- let's talk about the pension, about a 20 and out, like you -- like it was explained. There are two keys for the pension. Chairman Teele: Charlie. Mr. Cox: Yes, sir. Commissioner Winton: Hey, Charlie. Charlie, here's the mike. Mr. Cox: There are two keys with our pension: 55 years old, with a maximum of ten years of service. Our age, plus years of service, equal 70. It was brought up to the 21-year-old could come to work for the City and after 20 years of service, be able to retire at 80 to 100 percent. Under the early retirement, you can go after 20 years of service, but there is a penalty. If you subtract 41 years from 55, you go down to the chart, it's 14 years. The pension you're going to receive is 16 percent, so you have a penalty of 84 percent. Let's say that person was making 40,000 per year and 60 percent of that -- because it's 3 percent times 20 -- 60 percent of that equaled $24, 000 a year. If you go after the 20 years, then the penalty kicks in, 14 years early. That means your pension will be $3,840 per year instead of $24, 000 per year, so actuarially, you're taking much less of a pension because you went after 20 years of service. There's a penalty for the early retirement, and because 20 years old, with 20 years of service would make you 41. You have to be 55 years old to retire or 70 points. Commissioner Winton: Charlie -- Mr. Cox: That makes you 14 years away from retirement -- Commissioner Winton: I can't read that. Mr. Cox: -- which gives you -- it's in your packet. Commissioner Winton: Oh. Mr. Cox: -- which gives you 16 percent of what your pension would have been at 24,000 per year. Now, if you stay and make the points, a person 55 years old, with ten years of service, with a 3 percent multiplier, equals 30 percent of your salary, and that's figure 1. If you're age 55 or greater, with 20 years of service, 3 percent of your salary would equal 20 -- 60 percent of your salary. At age 55 or greater, with 33 years of service, you will receive 99 percent of your salary. But if anyone leaves early, this is where the penalty kicks in, so the pension is never hurt. Commissioner Winton: Is this for the -- is this for -- is this all the pensions in the city or just yours? Mr. Cox: No. This is for the General Employees -- City of Miami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: OK. Mr. Cox: -- and Sanitation Employees pension. That's what I'm speaking about. Mr. Fernandez: Mr. Chairman -- Mr. Cox: And the executives. Mr. Fernandez: -- I really hate to interrupt the presenter, but I feel duty bound -- 23 years representing local governments, municipalities, and counties, I have never seen, during the process of collective bargaining, the other party sitting across the table from the City make a presentation of basically terms and conditions that are the subject of what's being negotiated. If this is a custom or tradition in the City, I have to get used to it, but in getting used to it, I caution you not to allow yourself to get involved, not to participate in questioning or in answering concerns that the presenter has because, in my opinion, we're bordering on very serious unfair labor practices and, in fact, as we sit here, I am considering whether we should -- we, the City, should be considering -- Commissioner Winton: Do it. Mr. Fernandez: -- filing unfair labor practices against the other side of the table. Again, I am new to this setting; I don't know what traditions I need to learn, but I'm speaking strictly from a legal perspective, so be patient with me as I learn tradition and your level of deference. To the unions, I am very familiar with union work. I have always been in settings where there have been unions involved, and in the labor process, in the bar -- collective bargaining process, this Commission, all commissions need to remain out of it, because you will be called upon to be the arbiters and you will have to settle any impasse and you will have to approve any final agreement. For you then also to become part of the negotiating or part of what takes place renders or puts this Commission in a precarious position, so just heed my words when it comes to your involvement and your participation. If tradition dictates that you listen, you listen, but otherwise, do no more. Commissioner Winton: I don't know of any such tradition. 1 mean, 1 don't know that's a tradition, but let me ask you a question. The information that Charlie's presenting -- I have to think about how 1 really want to ask this question. Are you suggesting that this is information that we shouldn't understand or that we should understand it in a d fferent venue? Mr. Fernandez: You should definitely understand, and all of it is available to you, and you should hold your administration responsible for making sure that you are informed. Commissioner Winton: OK. Mr. Fernandez: But being informed and participating -- Commissioner Winton: Informed by whom? Mr. Fernandez: By the administration. Commissioner Winton: OK, so -- and let me help here a little further. 1 suspect -- because I just read a couple of comments in Charlie's book -- that the majority of his presentation is a result of some comments 1 was making in general that always get kind of -- they don't get written the same way that you're describing them -- that I made to the media, and what he's trying to do, I know, is educate certainly at least one person, which is me, about how their system works d fferent than the quotes that I was attributed to. I think that's what's going on, so what you're -- if that's fact, City of Miami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 then you would suggest that I meet with the administration and go through the process and understand, with each of the individual units, precisely how the retirement plan works for each of the individual unions; is that what you're suggesting? Mr. Fernandez: Definitely. Furthermore, let me make clear, my concern -- because I represent this body. 1 do not represent, as you well know, individual Commissioners; although, I'm very happy to give you all good, sound legal advice -- is that any comments you might have made as an individual Commissioner, can that be attributed to the Commission speaking from a policy perspective? I will caution you, however, also that in this area of labor negotiations, individually, as a Commissioner, you should be deferring to the administration, who is your designated bargainer or negotiator. However, personal comments made by individual Commissioners are best addressed by the administration directly or perhaps even Mr. Cox can personally address them to you because you're really not -- no one can prohibit you from reading any information that's given to you under any context. Commissioner Regalado: OK. Here is something -- Mr. City Attorney, here's something that doesn't have to do anything with the bargaining or whatever, but I just learned some new information that I didn't know. It's on Page 9, talks about the NET (Neighborhood Enhancement Team) Service Centers and it talks about a memo prohibiting NET administrator of talking to code enforcement inspector, and this memo was written by the Chief of Operation of Code Enforcement, so I didn't know that NET administration -- NET administrators cannot speak to code enforcement inspector, in this case, in the Coconut Grove area, to determine the status of a permit. That's not part of the bargaining. Mr. Fernandez: Again, I have not reviewed this memo, and 1 don't know how that plays into any strategy or any of the requests. Commissioner Regalado: 1 don't know. I'm talking about information. The problem here is like Johnny said. This has been debated in the press. Mr. Fernandez: Um-hmm. Commissioner Regalado: And, you know, I think that what he's doing is trying to respond to the media, but again, 1 think that some points here -- I'm reading through here -- is the fact that -- it's the fact that there are people that are making a lot of money brought by this administration and the union people cannot make the same money. This is very simple. I'm not very familiar with the bargaining process, but it is -- I would think it's the core of the presentation, so -- I still say that -- first of all, the people have the right to know -- Mr. Fernandez: Um-hmm. Commissioner Regalado: -- and the reason that I placed it in the agenda -- and mind you, 1 have never voted for a contract increase in the last eight years, so -- but the reason that 1 placed Mr. Cox on the agenda is because he wanted to respond about the situation going on in the city, and I felt that the most logical forum will be the City Commission and -- because the public is watching; because the public can be and could be here, and the people of Miami are the ones that pay his salary, my salary, everybody's salary, and the people have the right to know where their money is being spent. It's very simple. You may have the Mayor saying that the report on the special consultant was counter -productive, no, no. The people have the right to know. The people of the City of Miami were the one that saved the City of Miami. It wasn't this Commission, and 1 was here from day one of the crisis. It wasn't me. It wasn't the Manager at that time. It wasn't the Mayor at that time. It was my neighbor who paid the fire fee, who paid double the garbage fee, who paid triple taxes. It's the people of Miami who saved this city. No one can claim that a government have saved a city. It's the people that went to their pockets and brought the money to the city, so you know, 1-- Mr. City Attorney, I -- you know, 1 follow whatever. City of Miami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 I'm -- I don't want to ask any questions. I have to say that in a executive session, I told the Manager, you know, about me. Chairman Teele: Be careful. Be careful. Commissioner Regalado: No, no, no, no, no. No, and the thing is that I want to reiterate what the City Attorney said. I took a seat in the back and said, you know, whatever the Manager does, we'll decide, but -- and 1 don't want to ask any question, but I think that the people should know. The people should know the information. If it's bad information, then it can be challenged. If it's good information, the people should know. Commissioner Winton: Well, here's the problem I have with the presentation, and particularly after listening to the City Attorney, and that is that this is a presentation from one of the bargaining units. It isn't a presentation from all of the bargaining units, and all of these plans are different, so if you want -- the public that you want to know isn't getting a story. They're getting a little piece of the story, so -- Commissioner Regalado: Which is better than no story. Commissioner Winton: Well, I don't -- I'm not so sure of that. Commissioner Regalado: No, no, no, no, but it's not about that, Johnny. It's -- if the unions -- Commissioner Winton: I want to understand, no question about that. Commissioner Regalado: 1 want to understand, too. Commissioner Winton: And I got a letter from Mr. Piderman that I just haven't -- because of -- I said I wasn't going to do anything in August and I sure didn't -- who corrected some comments and 1 do want to know, so I do want to meet with staff and I sent notes back to my staff and said, 1 want these specific questions answered so I can understand this issue, and I want to ultimately make my decisions globally on budget and globally relative to the contracts that ultimately we will have to ratify on the basis of sound information, not misinformation, that I may be holding, so the facts are very, very important to me, and I intend to get those facts, and if you're suggesting this is the improper forum, I'm all right with that, but I'm working through a process so that I can get the absolute facts because I want them, and I'm OK with the fact that if you're saying this is the improper forum to do that, then fine, this is the improper forum and I'!l get them through the vehicle that you've suggested. Chairman Teele: Well -- Commissioner Regalado: Mr. Chairman, you decide. Chairman Teele: Say again. Commissioner Regalado: You decide -- Chairman Teele: I don't know -- I mean --1 don't know what to decide. I mean, you have here -- Commissioner Winton: I think that the City Attorney has suggested that we not hear this presentation. In fact, that's clearly what he's suggested Mr. Fernandez: Again, I tried not to be too forceful. Ws my first day and I don't want to unnecessarily come in here, but 1 feel strongly that this is not the proper way in which you City of Miami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 should be engaged with regard to issues that, as recent or yesterday or the day before, were the subject matter of the table, where the administration and my office were engaging the unions in negotiating, and clearly all issues relative to salaries, all employees salaries, some employees salaries, conditions in terms of employment, those are all subject to the bargaining process, and you have delegated that authority to the administrator, and again, you have available to you executive sessions that you can, at any time that you deem appropriate, call and have every single question that you have answered. The administration owes you, this Commission, an absolute duty to be informed as to all the terms that you will ultimately be asked to vote on. Commissioner Winton: What then is the appropriate motion to terminate this presentation? Mr. Fernandez: "Thank you, Mr. Cox." Commissioner Winton: Is that from me or the Chair? Chairman Teele: Well, it's for anybody, I would assume, because I have to tell you this. 1 don't view this at all in the manner it's being discussed. I view -- Commissioner Winton: I didn't hear you. What did you say? Chairman Teele: I don't view this at all in the manner that the City Attorney has put it in. 1 think we're dealing with a budget issue. It was presented as a budget issue. If he mentioned one thing about a contract, 1 would cut him off on the spot, as Chair, but to put facts out there as to what the existing system is -- I mean, it literally -- if you take this opinion -- and 1 don't want to challenge the City Attorney on the first day -- but if you take the opinion literally, if you recognize that the budget is -- what percentage is budget is salary and expenses? Commissioner Winton: The City's? Eighty percent. Commissioner Regalado: Seventy-four. Chairman Teele: Mr. Budget Director, what percentage of our salary -- of our budget is salary and -- Commissioner Winton: Operating budget. Chairman Teele: -- fringe benefits? Commissioner Winton: Eighty percent. Mr. Spring: Approximately 75 percent. Chairman Teele: So if you take this literally, the only thing we can really get into is 25 percent -- Commissioner Winton: Yeah. Chairman Teele: -- on the context of a budget and -- there is a clear distinction in my mind between a budget discussion and a contract discussion, but I'm not going to argue it with the City Attorney. 1 thought he had said, as long as Mr. Cox talked and we didn't ask him any questions or comment, it was fine. I thought that's what he said I -- Commissioner Regalado: That's what he said. Mr. Fernandez: I did, and I said that on the basis of, if that is the tradition or what you do, City of Miami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 that's perfectly fine. Chairman Teele: But we don't -- there is no real tradition in this area, but I do think this: We have heard from the Manager, the Budget Director as late as today at 2 o'clock. The Budget Director was asking me specific questions about the indirect costs of the union pen -- of the union funds that I'm prepared to ask. In fairness to the Union, I'm -- we're certainly not going to be in a position where we have to be potted plants on one hand and then we're asked to be -- to query them on why their indirect costs are so high as it relates to the various pension boards themselves. I think, you know, we're either in it or we're out of it, and I think, you know, we're dangerously putting ourselves in a position not to even be able to carry out our duties as budget -- as the appropriators of the budget if you take these interpretations that you can't really go into anything related to what is the budget. There's a big difference in my mind -- and I must say this: I had no idea that a person who retires after 20 years, that came in when they were a baby, gets $3, 000 a year. How that relates to the budget, I'm not really sure, but I am sure of this: In my mind, we're not talking about a contract. We're not talking about a contract provision. We're talking about the cost of the retirement of that person on an annualized basis, so I don't want to split hairs about this. This is -- Mr. Arriola: Mr. Chair, let me just make a point here. Our payment -- our pension payment this year cannot be changed, so anything that we talk about pension has nothing to do with the budget right now. The pension payment is what it is, so it has nothing to do with the budget, and I just wanted you to know that. Chairman Teele: In other words, the Budget Director is wrong if we can -- if we could get the budget -- if we could get the various funds to reduce their indirect charges, for example, which is about 60 percent as compared to the City, which is about 42 percent, which I'm pre -- which I thought I was prepared to try to engage -- Mr. Arriola: You're talking about two different things, sir, and the other thing is, that's part of our bargaining, which I just really don't want to get engaged in here, but it's up to you. Chairman Teele: You're saying the rate that we pay the pension fund -- I thought that was pursuant to the Gates case. 1 thought that was pursuant to a court order. Mr. Spring: Commissioner, Larry Spring, Chief of Strategic Planning, Budget and Performance. What you're describing are two separate things. We have a investment -- investable amount obligation to pay to the Pension Trust. That is our pension contribution. We also have a noninvestment portion, which is for their administrative costs. The -- according to our ordinance, the Pension Trust must present their complete budget to the Commission for approval. That -- the pension obligation, we have to pay, period. The administrative costs we have to pay. However, the subject of how much it is or what's being spent there, I think is a discussion for the Commission to have. Chairman Teele: Again, my point is -- I understand the difference, but it just seems fundamentally unfair that we can go in here and start querying the Union on their indirect costs and on the other hand, we're being told we can't even hear information being presented that doesn't really relate to the contract itself. It relates to the basic way the budget is constructed. But in any event, whatever the majority wants to do -- if the majority wants to let Mr. Cox finish with his presentation without comment or interruption or if we want to say "thank you," it's up to the board. Vice Chairman Sanchez: Once again, Mr. Chairman, my concern was -- it's not the presentation. It's a question that could be asked that triggers a possible violation of the Fair Labor Practice. It could be interpreted in any way, so it really puts us in a very awkward situation. You know, being that I've sat on the table on both ends, to me, this is -- I've never City of Miami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 experienced this, and 1 think that looking out for the City's liability here, a question asked by a Commissioner that might violate, gives them an opportunity to file a complaint of Fair Labor Practices, so -- I mean, the prob -- I don't have a problem with the presentation. Commissioner Winton: Well -- Vice Chairman Sanchez: The problem that I do have is a question being asked that clearly, and can be in any form, that can be misinterpreted. Commissioner Winton: I do have a problem with the presentation because I've read Charlie's text now and I find the text offensive, frankly, and I do have a problem with the presentation. There's one thing to talk about the facts and where you might get the facts wrong. There's another thing to write some of the stuff that's in here where that, you know, you're the blame and you're the blame and you're the blame and you're the blame. That isn't -- I'm not interested in who's the blame and you did that, that, that. I don't give two hoots about that and I don't want to hear about it. Vice Chairman Sanchez: All right. Commissioner Winton: 1 don't want to hear about it. I'm interested in learning the facts about how the pension plan for all of our employees works because that to me -- and you all know. I've talked about this for three years now. Vice Chairman Sanchez: Charlie -- Commissioner Winton: We got a resolution passed three years ago to hire a consultant to do an in-depth analysis of those long-term costs to our city and our taxpayers so that we would know. That's all that was all about. That's what I'm still interested in. I just want to know the facts. I'm not interested in, "If this is going on, then it's his fault. If this is going on, it's his fault," which is what's written here, so I'm not interested in this presentation any longer. Vice Chairman Sanchez: Thank you, Charlie. Chairman Teele: All right. Thank you very much, Charlie, and -- Mr. Cox: Thank y'all. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. City of Miami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 PUBLIC HEARINGS PH.1 04-00858 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, AS AMENDED, THAT MAY BE APPLICABLE REGARDING THE APRIL 3, 2002 CITY OF MIAMI'S PURCHASE OF PROPERTY LOCATED AT 1620-24 NORTHWEST 58th STREET, MIAMI, FLORIDA, FROM M. ATHALIE RANGE, THE THEN AND CURRENT CHAIRPERSON OF THE VIRGINIA KEY BEACH PARK TRUST. 04-00858-cover page.pdf 04-00858-pre resolution.pdf 04-00858-pre resolution2.pdf 04-00858-clerk document.pdf 04-00858-notice of public hearing.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0568 Chairman Teele: Ms. Wiley, would you come forward and present this four -fifths item, please? Commissioner Gonzalez: Which item is that? Marva Wiley (President, Model City Trust): Yes, sir. Marva Wiley, president -- Chairman Teele: It's -- Ms. Wiley: Public Hearing 1. Chairman Teele: It's Public Hearing, PH.1. Commissioner Gonzalez: Thank you. Ms. Wiley: Marva Wiley, Presidency of the Model City Trust. As you may recall, one of the early private sale transactions related to acquisitions in the home ownership zone was a property acquired from Athalie Range. Recently, the City Attorney's Office took a look at that transaction and decided that that was a conflict of interest because Athalie Range was then, and still is, the chairperson of the Virginia Key Advisory Board, and the transaction occurred in March of 2002, but they have suggested that we bring the item before you to resolve that conflict of interest. Commissioner Winton: What item are we on? Chairman Teele: PH.1. Vice Chairman Sanchez: PH.1. Commissioner Winton: Oh, I'm sorry. OK. City of Miami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: So, in other words, they're treating Mrs. Range as if she's an employee of the City, for all prac -- even though it has nothing to do with Model City Trust. Ms. Wiley: Yes. Chairman Teele: I mean, it has nothing to do with the Virginia Key Trust, where she chairs it, because she is the -- Ms. Wiley: An official of the City, yes. Chairman Teele: OK. All right. This is a public hearing. Any person desiring to be heard should come forward. All those in -- Commissioner Winton: So what did you say we're doing? Chairman Teele: The public hearing is closed. Commissioner Winton: I didn't -- Chairman Teele: The City -- this is before Model City Trust. The City purchased land -- Vice Chairman Sanchez: Yeah. Chairman Teele: -- which was in the Model City Trust area -- Commissioner Winton: Oh, I remember this item. I got it. Chairman Teele: -- which was owned by Mrs. Range. Commissioner Winton: Yeah, right. I'm clear. I was just -- Chairman Teele: And the City Attorney -- Vice Chairman Sanchez: So moved. Commissioner Winton: Yeah. Commissioner Gonzalez: Second, PH.1. Vice Chairman Sanchez: Now, 1 have a question. What are we doing to make sure this doesn't ever happen again? Ms. Wiley: Well, we are -- as the Trust is now focused on the project, we're rolling out our preliminary acquisition effort, and I think that you'll recall, with Faith Williams, the City Attorney, I guess, was more sensitized to the issue when we brought it as a conflict of interest on the front end, rather than -- and I guess part of that with the items coming through the Commission for approval, that's another check in the system so that we don't, after the fact, realize that there was something that wasn't vetted through several d fferent agencies or several different dimensions of the City before it's closed. Vice Chairman Sanchez: All right. Chairman Teele: But the truth of the matter is, there's nothing you can do. If you do a geographic area in which you're doing development and a City employee owns the land or a City City of Miami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 official, in this case -- Commissioner Gonzalez: How can you prevent it? Chairman Teele: -- there's nothing you can do, other than say we're not going to deal with that land and, therefore, create a hole in your plan or you -- Ms. Wiley: I take the Commissioner's question to be, to make sure that we get the conflict of interest on the front end rather than -- Vice Chairman Sanchez: Yeah. Ms. Wiley: -- having a two-year later -- Vice Chairman Sanchez: Exactly. Ms. Wiley: -- situation. Commissioner Winton: Right. Vice Chairman Sanchez: Because the biggest concern here, that it's after the fact. Commissioner Winton: Yeah. Vice Chairman Sanchez: Let's put it before the fact, clear it out. I think there's justification in it. The perception here is, people are going to, "Why did it take two years for us to do this?" So I'd rather put it before the fact than after the fact. Commissioner Winton: Where it should be. Chairman Teele: Yeah, where well it should be. We have a motion by Commissioner Sanchez and a second by Commissioner -- Ms. Wiley: Gonzalez. Commissioner Winton: Me or Gonzalez. Chairman Teele: Winton. Commissioner Winton: Gonzalez? Yeah. Chairman Teele: Who is it? Commissioner Winton: Gonzalez second it. Priscilla A. Thompson (City Clerk): Commissioner Gonzalez. Chairman Teele: Further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? PH.2 04-00948 ORDINANCE Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER City of Miami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 2/ARTICLE IV/DIVISION 4/SECTION 2-272 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ DEPARTMENTS/PUBLIC WORKS DEPARTMENT/CONSTRUCTION PLANS CHECKING FEE," TO ESTABLISH AN EXPEDITED PLANS REVIEW SERVICE AND A CORRESPONDING FEE TO COVER THE COSTS OF PERFORMING SAID SERVICE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00948-cover memo.pdf 04-00948-budgetary impact.pdf 04-00948-memo. pdf. pdf 04-00948-public hearing.pdf 04-00948-legislation.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to DEFER item PH.2, and further instructing the Administration to develop performance standards for the expedited review of construction plans and to come back within 6-8 weeks with a recommendation on same. [Minutes below are for items PH.2 and PH.3.1 Chairman Teele: All right. If we could, could we start at the top? P11.2, we got that one out of the way at the request of the Vice Chair. Stephanie Grindell (Director, Public Works): Actually, P -- Chairman Teele: PH.2, did we do that? Ms. Grindell: No. Commissioner Winton: No, we did not. Vice Chairman Sanchez: No. Chairman Teele: All right. Ms. Grindell: PH.2 and PH.3 are very related. They're requests that -- changes that I'm requesting due to the incredible amount of development that we've been having and we don't have enough staffing to review building plans and also to review plats. We're adding the ability to expedite the review process by offering the chance for the developers to work with an outside consultant, managed by the City, and pay the fee of the consultant, plus a 15 percent administrative fee. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Commissioner Gonzalez.: Move PH.2. Chairman Teele: We have a motion. Commissioner Winton: Second. Discussion. Chairman Teele: We have a second. Discussion. Commissioner Winton. Commissioner Winton: Here is my issue. This is the revenue side, so we always need to do City of Miami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 anything and everything we can do, you know, on the revenue side. That's a good thing. We have complaints from -- the small guy out there has the most difficult time getting through our process, not the big guys. The big guys hire -- Commissioner Gonzklez.' Right. Commissioner Winton: -- attorneys and everybody else. They know the staff, they know the process, they know the system, and they can't get manipulated. The small guys don't know the staff they don't know the system, they don't know anything, and I've experienced, not directly but through constituents or others that I know out there who have had some real challenges -- in fact, Mr. Manager, 1 sent you a -- Joe Arriola, I sent you a memo, 1 believe this week or the end of last week, outlining very specifically an instance where a doctor was trying to get some little something and he got the ultimate runaround. My staff intervened; thought they had it cleared up; sent the guy back. He ended up landing at the same doorstep again. Had a big fight with this guy because the staff person was wrong. He didn't know what he was talking about, but here's the principal point. This fee will be utilized by the smaller guys, not the bigger guys. They're the ones that are going to be expediting these smaller things; is that not correct? This isn't going to -- Stephanie Grindell (Director, Public Works): My guess is, it's the opposite because -- at this point, it's really hard for me to say how much the fee will wind up being because -- it will be based on a quote, depending on how complicated the review's going to be, and typically, my expectation is that the larger developers are going to use the -- this consultant services, freeing up staff -- Commissioner Winton: Oh, OK. Ms. Grindell: -- to -- for the smaller people, too. Commissioner Winton: OK, 1 understand. I've got -- and I think that's a good idea. How do you know, though -- how are you going to measure performance? How are you going to know that this really is expedited? How are you going to know that this isn't just another revenue source for the City and the process is the same and it takes the same amount of time? Ms. Grindell: Well, it's really not a revenue -- I don't really consider it a revenue source because the fee that the people pay -- Commissioner Winton: Well, it's a -- OK, then -- Ms. Grindell: -- it goes straight to the consultant, other than that 15 percent administrative fee, which is eaten up anyway by our own staff Commissioner Winton: That isn't my question. My question is, you're calling this an expediting fee. What performance standards are you going to have that proves that this expedites anything, as opposed to just another administrative fee that comes to the City? Ms. Grindell: Well, we haven't yet put together our policy and procedure yet, so it's a little premature for me to answer that. If you can, yeah. Hector Lima: Hector Lima, Director of the Building Department. We have in place a report that actually tracks down the number of days that plans are in the system. What's happening is that Public Works, for some reason, does not have the necessary resources to keep up with the other disciplines, and this will then -- Commissioner Winton: Like what, Hector? I'm trying to -- like what? Keep up with other -- City of Miami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Lima: Well, a plan is reviewed by at least eight or nine disciplines. If we have resources to do building, electrical and so on, on an expeditious manner and Public Works and others might not, then that is a problem and that's why sometimes plans are delayed, so they're trying to actually catch up by -- Commissioner Winton: OK, I see. Mr. Lima: -- consultants. Commissioner Winton: Well, Stephanie, you have to have some performance standards here; otherwise, this is just another damn tax on the development community. Ms. Grindell: I agree completely. Commissioner Winton: If it's expedited, it's expedited. Otherwise, you've just got another fee. Ms. Grindell: No. I agree completely. Commissioner Winton: So you need to develop some standards or I'm not going to be very supportive of this fee. Ms. Grindell: I understand. Chairman Teele: What do you want to do on this now? Commissioner Winton: Well, I think we ought to defer the fee. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Sanchez: Second. Commissioner Winton: And give you a month to come back with some standards that show where you are historically, what the time frame is, and what you expect the new standard to meet. Chairman Teele: We have a motion and a second to defer. Now, does that include the revision to the plats, as well? Didn't you say they were related? Ms. Grindell: Well, they're two different fees, but yeah. Chairman Teele: But -- Ms. Grindell: One's for review of Building Department, our portion of it, and the other is for Plat Review. Chairman Teele: They would both apply to the same process that he's asking you -- Commissioner Winton: Yeah. Ms. Grindell: Basically. Chairman Teele: -- for a standard, so the motion would be to defer PH.2 and 3 and to come back with the standards and the recommendations, as outlined by Commissioner Winton. City of Miami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Grindell: OK. Chairman Teele: We have a motion and a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: PH.5. Commissioner Winton: Could I make one more point, Mr. Chairman? Chairman Teele: Yes, sir. Commissioner Winton: And this is a directive to the Manager. I think the small guys are getting killed out there in our process. 1 think Hector Lima -- Hector, I think you do a really good job in your department, but it's complex and the little guys don't get it, and it's the same little guys that we have to go after because you didn't pull a permit to put your storm windows in or you didn't put a -- and then we're after them. Our process is some cumbersome for those people, it's mind boggling, and we also have people who don't frankly know -- and this hasn't happened once -- I know probably of three specific instances where there was a staff person didn't know what the heck they were talking about, and the little guy just get rrrmm, rrrmm, rrmm, rrrmm, rrrmm. Commissioner Gonzalez: Mr. Chairman. Commissioner Winton: We really need to have some focus and maybe we need to hire another consultant, which I have no problem with, whatsoever, but we need to set up a system that's for single-family homeowners, small business owners that can't afford a lawyer, can't afford anything else; they want to come in, they want to do it the right way, and we need a system that helps them do it the right way, where staff knows what they're doing and they can get the same kind of expedited service that anybody else can get, and I don't want to tell you how to do that, but I would ask that you -- I think it's time -- we've talked about this for a couple years now. I think it's time to really get on that, so 1 would like to probably introduce a motion here that directs the City Manager to come up with a process that helps single-family homeowners, small business persons get through our system in a clear, clean and expedited fashion that is more encouraging for people to want to come and pull a permit because they're going to understand how it works and they're going to feel good about it, as opposed to trying to avoid the permitting process, and how much time do you think you would need to come up with a new system? Is that a 4-month process, a 6-month process? Joe Arriola (City Manager): No, no. Don't give more than a month. Commissioner Winton: Huh? No, it needs -- it's a little more than one month. Vice Chairman Sanchez: You can't do it in a month. Commissioner Winton: I mean, this isn't something you slap in. You've got to really think about it and understand what you're doing or you create another mess. Vice Chairman Sanchez: Johnny. Mr. Lima: Yes. Commissioner Winton: Because what you do, if you put a Band-Aid on it, you create a system -- we've got a system for the big boys, we create a system for the little ones, and then we screw the ones that are in the middle, and that isn't the objective either, so it needs to be thought out City of Miami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 properly so that we end up with something that really works. Commissioner Gonzalez.: Mr. Chairman. Mr. Arriola: We actually -- Vice Chairman Sanchez: Wait. Hold on. 1 think all the Commissioners are going to speak on this one. Commissioner Winton: No, no. I was asking you how much time you think you need. 1 asked that direct question. Mr. Lima: I'll go with 30 days, because the system is not going to change. It's the resources and the efficiency of the service that has to be improved. Chairman Teele: Commissioner -- the little ones and the big ones have to go through the same process. It's the same people reviewing the plans. Unfortunately, what really delays the whole thing is the rejections, because a lot of plans come in improperly, so -- but as far as the service, it's the same service. We just need to see how we can realign the resources to expedite that. Commissioner Winton: OK. Chairman Teele: Commissioner Gonzalez has been trying to be heard on this. Commissioner Gonzalez: Yes. I totally agree with Commissioner Winton, and let me tell you. A lot of the reasons that people give out there for not pulling permits is that, you know, the hassles that they get whenever they're going to pull a permit and the complications, and they don't have anybody to help them or to assist them to get a permit and they say, "You know, it's better just to do whatever you're going to do without a permit. " You take your chances. If you get caught, then you can pull the permit and go through -- but why go through all of this, you know, in order to pay a permit, pay a fee and never -- it's a never-ending story. You know, sometimes people will spend six months and they can't get a permit, and exactly what you say, Johnny. You know, the little people, the homeowners and people that want to pull permit for repairs and for things like that of that nature, they go through hell, you know, and you know what? They decide -- they say, "Well, I'm not going to pull a permit. I'll do it over the weekend. I'll get someone that does it within the Code and take my chances, " and that's why we're having so many problems in the City, so 1 think it's a -- I don't know -- maybe you can have a service desk that can guide the people how to fill out the permits or how to comply in obtaining a permit, you know, but we need to provide some assistance for those type of people because that's why we have so many illegal units and that's why we have so many illegal constructions and repairs and the whole nine yards. We need to control it. Vice Chairman Sanchez: Mr. Chairman, if I may just elaborate a little bit on that. I think there's always a way to improve the process that exists, and -- I could tell you, about four years ago, I used to go and visit different departments, and 1 went to the department and there were some things that I witnessed that were incredible, but I could tell you that some of those things don't happen there anymore. I mean, they have improved -- Commissioner Winton: Absolutely. I'm a big fan of the Department. Vice Chairman Sanchez: -- on what they have. Also -- Commissioner Winton: I'm not criticizing. Vice Chairman Sanchez: -- the other thing that you take -- you need to take into consideration City of Miami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 here -- and I think that, you know, the Director needs to state on the record -- the demand of all the construction in the community that's coming on board in the City, at times, you know, you may not have the resources to provide that service. 1 agree with you a 100 percent that there needs to be ways to simply. One of the things that we need to take into consideration here, that's always been one of our selling tools or one of our successes, have been the NET ( Neighborhood Enhancement Team) Offices. Can we somehow reach into the NET Offices, where it's minor jobs -- you know, little minor jobs; that they could go to the NET Office and take care of it from there instead of going to the MRC (Miami Riverside Center) and going through the process? Because right now, the way the process is designed, you know, you come in, you sign; then you come back later on, and you have to go through the process, and 1 agree with you a 100 percent. The guy or the young man or the lady who is working on his house trying to do things by the book because they -- later on, they want to sell their homes; they don't want to get in any kind of trouble. They go out there -- in ways, they feel very frustrated because it is -- it's not a simple process, so by simplifying the process, I think that we'll be able to serve our constituents better. And one of the things is that we need to -- what you suggested -- to look into the NET Offices, and maybe if you have -- I mean, nowadays, if you change a window, you've got to get a permit. If you pull an air condition, you've got to get a permit. Those are the things that you really don't need to go to the MRC. Maybe you can go to the NET Office and do the process there. Minor stuff. I'm not saying adding a room or, you know, building a house, but minor, minor stuff. We just need to simplify the process, because the complaints come to me, and once again, I want to state on the record, I think you've done a great job. You have improved your department tremendously, OK, because there was a time -- and I'm going to say it -- there was a time when I went there and a gentleman bought a tool shed. He wanted to pull a tool shed -- listen to this -- in his yard, a tool shed out of Sears. He had to go and see about five or six departments, and the guy goes, "Why do I need to see Electricity? I'm not putting any light in it?" Commissioner Gonzalez: Right. Vice Chairman Sanchez: "Why do 1 need to see the Plumbing Department?" Commissioner Gonzalez: Sewer. Vice Chairman Sanchez: -- "I'm not putting any plumbing in it," and the guy had to go to five or six places. I know that's been simplified now -- Commissioner Winton: Wow. I went -- Vice Chairman Sanchez: -- where we simplify the process, but that gentleman -- Commissioner Winton: 1 almost went and bought one. 1 would have been in violation also, then. 1 had no idea you had to -- Vice Chairman Sanchez: Absolutely, so here's the thing. Stuff like that, they should go to the NET Office and get it cleared up, so -- Commissioner Gonzalez: Well, let me ask you. You just touched an area that 1-- Commissioner Winton: Oh, my God. Commissioner Gonzalez: -- that 1 had a lot of problems with from the beginning. That was one of my objections, to dismantle the NET Offices. There, you have it now. Before, people could go to the NET Office and get permits for a lot of things, get a lot of help from the NET Offices. Now, with this new deal of Code Enforcement set aside with different -- three regional offices and all of this bureaucratic system that we have created in here, we cannot depend on the NET City of Miami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Office to get any of this assistance or any of this help so, you know -- in order to consider using the NET Office, we will have to go back or go halfway back to the old system that we had that, let me tell you, it had its faults, but it was working and it worked for many, many years, so now we have to start this very seriously what we're going to do about the NET Offices. Thank you. Mr. Arriola: Listen, a couple of things. We will have a service desk within a very short period of time, but the other thing, Commissioner, is that we do have a plan that you'll be very, very happy with within 30, 45 -- within the next 30 days that are going to expedite all this process we need. These guys -- Commissioner Winton: Hallelujah. Mr. Arriola: -- have really been working on it for a long, long time. We got it automated and -- Commissioner Gonzalez: Yeah, Mr. Manager, but just the simple fact of having to go to the MRC -- Mr. Arriola: You won't have to. Commissioner Gonzalez: -- and having to go to Planning and Zoning -- Commissioner Winton: Where there's no parking. Commissioner Gonzalez: -- to pull a permit to do a minor repair in your home is a pain. Commissioner Winton: Is bad. Well, you -- Mr. Arriola: You always -- Commissioner Gonzalez: Before, you could do that at your NET Office in your neighborhood You didn't have to get in line. You didn't have to get a number. You didn't have to be at the building at 5 o'clock in the morning to get a permit, so you -- to see if someone is going to take care of you during that morning, OK, and we abolish all of that. You know, the administration insisted in abolishing that, and now we have a situation. Mr. Arriola: I don't want to argue -- obviously, the last thing I want to do is argue with you, but none of those permits ever happened in a NET Office. Never. Commissioner Gonzalez: Pardon me? Mr. Arriola: We didn't have the permitting, and a lot of those permitting that we used in the NET Office, we like totally eliminated them, so in other words -- Commissioner Gonzalez: No, sir. Mr. Arriola: -- we don't go through that same process. Commissioner Gonzalez: Don't say that we never had permits in the NET Office. Mr. Arriola: No. A lot of those permitting, we've eliminated. Commissioner Gonzalez: Because we did issue permits at the NET Office, and if you want, let's look -- go back -- Commissioner Winton: No, no, no, we don't -- City of Miami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: -- because maybe the people that are now in NET maybe don't realize that before we have permits at the NET Offices, but I went to the NET Offices to get permits for a lot of merchants in Allapattah, so don't tell me that we don't get permits there because you don't know what you're talking about. Commissioner Winton: OK. That isn't the discussion, whether we had or hadn't. That's not the point on the floor, so the point on the floor is about expediting. Commissioner Gonzalez: Yeah, let's move on. Let's move on. Commissioner Winton: Yes. Chairman Teele: Where are we now, Commissioner Winton? Commissioner Winton: Well, I was going to introduce a resolution, but it sounds like Hector has got a plan already in place, so I'm going to withdraw my resolution, and Hector, would you at -- not at the next meeting, because we need to get past all this hurricane junk -- but be prepared within a month, probably a couple months, to come back and give us a report on what you've done, your new plans, so you can describe your new plans so we can understand it in a couple months at the Commission meeting? Mr. Lima: Yes, that'll be fine. Commissioner Winton: OK. Mr. Lima: We are working on a lot of things and it involves what -- Commissioner Winton: Great, so -- Mr. Lima: -- Commissioner Gonzalez and Commissioner Sanchez. Commissioner Winton: -- we'd like to hear about it within six to eight weeks. Mr. Lima: Right. Commissioner Winton: OK? Mr. Lima: All right. Thank you. Commissioner Winton: And I'll withdraw my motion. Chairman Teele: All right. Commissioner Winton: I don't think I -- PH.3 04-00971 ORDINANCE Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"), ENTITLED: "ADMINISTRATION/ DEPARTMENTS/PUBLIC WORKS DEPARTMENT" TO ADJUST THE FEE SCHEDULE; AND AMENDING CHAPTER 55 OF THE CODE, ENTITLED: " SUBDIVISION REGULATIONS" TO AMEND REVISIONS OF PLATS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00971-cover memo.pdf 04-00971-memo. pdf 04-00971-notice of public hearing.pdf 04-00971-legislation. pdf DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to DEFER item PH.3, and further instructing the Administration to develop performance standards for the expedited review of plats and to come back within 6-8 weeks with a recommendation on same.. (Minutes for PH.3 are under PH.2) PH.4 04-00922 ORDINANCE Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," TO MODIFY THE WIDTH OF NORTHEAST 2ND AVENUE BETWEEN NORTHEAST 1 ST STREET AND NORTHEAST 2ND STREET, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00922-cover memo.pdf 04-00922-budgetary impact.pdf 04-00922-memo.pdf 04-00922-notice of public hearing.pdf 04-00922-memo and sketches.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado Chairman Teele: We're going to complete the public hearing items. Commissioner Gonzalez: Yes, Mr. Chairman. Vice Chairman Sanchez: PH.4, Mr. Chairman -- Chairman Teele: PH.4 -- Vice Chairman Sanchez: -- is next. Chairman Teele: -- is a public hearing. Public Works Director, regarding nonstandard street widths. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Madam Director, you want to explain exactly -- Stephanie Grindell (Director, Public Works): This is a request to change the street widths. Public Works recommends approval. The location is right next to the Old Congress Building that's a historic site, and we don't foresee the possibility in the future of widening that street, so we don't have a problem with that. Chairman Teele: All right. Is there a motion? Vice Chairman Sanchez: PH.4? City of Miami Page 72 Printed on 12116/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: Yeah. Vice Chairman Sanchez: So move. Commissioner Winton: Second. Priscilla A. Thompson (City Clerk): It's an ordinance. Chairman Teele: I'm sorry. I apologize. We had the public hearing. Mr. Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: All right. We have a motion and a second. Ms. Thompson: I didn't -- did not record a second. I have a mover, Sanchez. Vice Chairman Sanchez: Yes. Commissioner Winton: I second it. Ms. Thompson: Thank you. Chairman Teele: Is there a seconder to the motion? Commissioner Gonzalez? Commissioner Gonzalez.: Yes, sir. Second. Commissioner Winton: I didn't even have my mikes on. We're going to have to get you a hearing aid today. Chairman Teele: All right. We have a motion and a second Madam Attorney -- Madam Clerk. Vice Chairman Sanchez: I moved it. Johnny second it. Ms. Thompson: Thank you. Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PH.5 04-00981 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "LOCAL LAW ENFORCEMENT BLOCK GRANT IX PROGRAM;" ALLOCATING FUNDS FOR THE OPERATION OF SAID FUND, CONSISTING OF A GRANT FROM THE UNITED STATES ("U.S.") DEPARTMENT OF JUSTICE, IN THE AMOUNT OF $535,946; PROVIDING FOR THE APPROPRIATIONS OF ANY INTEREST EARNED FROM FISCAL YEAR 2004-2005 AND FISCAL YEAR 2005-2006, TO SAID FUND; AUTHORIZING THE ALLOCATION OF MATCHING FUNDS, IN THE AMOUNT OF $59,550, FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.956, FOR A TOTAL APPROPRIATION AMOUNT OF $595,496; FURTHER.AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ANY City of Miami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE AND THE APPROPRIATION OF SAID INTEREST. 04-00981-cover memo.pdf 04-00981-budgetary impact.pdf 04-00981-memo.pdf 04-00981-notice to the public.pdf 04-00981-web pages.pdf 04-00981-city of miami letter.pdf 04-00981-USDOJ letters and awards.pdf 04-00981-USDOJ web pages.pdf 04-00981-special conditions.pdf 04-00981-assu rances. pdf 04-00981-certification.pdf 04-00981-USDOJ web pages2.pdf 04-00981 - addendum.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Teele Absent: 2 - Commissioner Sanchez and Regalado R-04-0569 Chairman Teele: The last item we're going to take up before the break, I would assume, is PH.5, the Law Enforcement Block Grant 9 Program. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward Commissioner Winton: Move PH.5. Commissioner Winton: Second. Chairman Teele: We have a motion and a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is adopted. Commissioner Gonzalez: PH.6. Priscilla A. Thompson (City Clerk): Yes. Chairman Teele: No, there's no PH.6, is there? Commissioner Gonzalez: PH.6. Commissioner Winton: Yeah, I have -- Jorge Fernandez (City Attorney): Yes, but it's time certain Chairman Teele: Those are time certain -- Commissioner Gonzalez: Oh, those are time certain? Chairman Teele: -- for 3 p.m., 6 through 9. City of Miami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 3:00 P.M. Commissioner Gonzalez: OK. Chairman Teele: And so we've done the emergency ordinance. We have the second reading and the first reading, and essentially, we're completed with most of the agenda. Commissioner Gonzalez: So we're done? Chairman Teele: So we should come back at 3:15 and -- Commissioner Winton: Which one, 3 or 3:15? Chairman Teele: Say again, sir. Commissioner Winton: 3 or 3:15. Chairman Teele: Whatever, 3 o'clock, 3:15. Commissioner Winton: Fine with me. Chairman Teele: Because we basically are -- we do have a parking fee discussion. I don't know where that is, but we'll take that up after lunch. We stand recessed until 3:15. [A sign interpreter translated for hearing impaired the dicussion for items PH.6 through PH.9.] PH.6 04-00813 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT OF $50,000, FROM THE SMALL BUSINESS OPPORTUNITY CENTER, INC. ("SBOC"), DISTRICT 3, AND THE AMOUNT OF $45,000, FROM THE SBOC, DISTRICT 4, FOR A TOTAL TRANSFER AMOUNT OF $95,000; ALLOCATING SAID FUNDS TO CAMACOL LOAN FUND, INC., FOR THE PURPOSE OF ADMINISTERING A SMALL BUSINESS LOAN PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY FOR SAID PURPOSE. 04-00813-cover memo.pdf 04-00813-public notice.pdf 04-0081 3-exhibit.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0570 Chairman Teele: We pretty much have addressed all of the items relating to the public hearing. We now have the 3 p.m. time certain, and I note the presence of a former commissioner, Commissioner Gort. Welcome, Commissioner. Barbara. Barbara Rodriguez.: Barbara Rodriguez, Department of Community Development. PH.6 is transferring of CDBG (Community Development Block Grant) funds from Small Business City of Miami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Opportunity Center, District 3 and 4, to CAMACOL (Latin Chamber of Commerce) loan fund for the amount of $95, 000. Chairman Teele: This is a public hearing. Any person here on this item should come forth. There are no persons coming forth, and we note that there are a number of people here in support. We appreciate you not coming forward Is there a mo -- Vice Chairman Sanchez: So -- Chairman Teele: Public hearing is closed. Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? PH.7 04-00810 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $150,000, FROM NEPTUNE & SON RESTAURANT AND BEAUTY SHOP CORPORATION; ALLOCATING SAID FUNDS TO THE DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT TO IMPLEMENT ECONOMIC DEVELOPMENT ACTIVITIES. 04-00810-cover memo.pdf 04-00810-public notice.pdf 04-00810-pre resolution.pdf 04-00810-exhibit.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0571 Barbara Rodriguez (Director, Community Development): PH.7 is deobligating Neptune & Son Restaurant and Beauty Shop Corporation. They were awarded $150,000, and they are not able to use the funds. It will be deposited back to the Little Haiti Job Creation Pilot Project. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward The public hearing's closed. Is there a motion, please? Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Chairman Teele: Is there objection. All in favor, say "aye." City of Miami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. PH.8 04-00811 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS IN THE AMOUNT OF $25, 000, FROM DISTRICT 3 RESERVES; ALLOCATING SAID FUNDS TO CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS (" CAMACOL"), INC., ALSO KNOWN AS THE LATIN CHAMBER OF COMMERCE OF THE UNITED STATES, TO BE USED FOR PUBLIC FACILITIES AND IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY. 04-00811-cover memo.pdf 04-00811-public notice.pdf 04-00811-exhibit. pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0572 Barbara Rodriguez (Director, Community Development): PH.8 is transfer of CDBG ( Community Development Block Grant) funds from District 3 reserve to the CAMACOL, Latin Chamber of Commerce, for $25,000 for public facilities and improvement. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward The public hearing is therefore closed. Ms. Rodriguez: PH (Public Hearing) -- I -- Chairman Teele: 1s there a motion? Vice Chairman Sanchez: So moved. Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? And, again, we appreciate you all being here, Commissioner, and not coming forward PH.9 04-00982 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $25,000, FROM THE CHILDREN'S PSYCHIATRIC CENTER, INC., AND THE AMOUNT OF $9,637.67, FROM THE FLORENE LITTHCUT INNER-CITY CHILDREN'S City of Miami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 TOURING DANCE COMPANY, INC.; ALLOCATING SAID FUNDS, IN THE TOTAL AMOUNT OF $34,637.67, TO THE DISTRICT 5 RESERVE, PUBLIC SERVICE CATEGORY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT WITH THE FLORENE LITTHCUT INNER-CITY CHILDREN'S TOURING DANCE COMPANY, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID TRANSFER. 04-00982-cover memo.pdf 04-00982-public notice.pdf 04-00982-pre resolutions.pdf 04-00982-memo.pdf 04-00982-amendment 1.pdf 04-00982-social programs agreement.pdf 04-00982-articles.pdf 04-00982- pre resolution 2.pdf 04-00982-SPA 2.pdf 04-00982-exhibits.pdf Motion by Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0573 Direction to the City Manager by Chairman Teele to ident an organization, such as Community Action Agency (CAA), to provide transportation for the children's parks programs. Chairman Teele: And PH.9. Barbara Rodriguez (Director, Community Development): PH.9 is the transfer of 25 -- 29th year CDBG (Community Development Block Grant) funds from district -- from two agencies, one being the Children's Psychiatric Center and the other one being Florene Litthcut Inner City Children's Touring & Dance Company to District 5 reserve for a total of 36, 000. Chairman Teele: This is a public hearing. Any person desiring to come forward should come forward. If not, the public hearing is closed. On this item, Mr. Vice Chair, would you preside and -- Vice Chairman Sanchez: Sir, you're recognized Chairman Teele: Thank you. Ms. -- Madam Director, you know, each year we have the same issue, and I'd much rather come up over than overspend. Ms. Rodriguez: OK. Chairman Teele: However, these programs are primarily programs that are being held in the district. One of the things that I'm asking is that you all, in the evaluation process next year, would work with the Parks Director to try to ensure that these programs, particularly that are being held in parks or, for that matter, in after school programs, that they be coordinated closely with the Parks Director. Secondly, Mr. Manager, I think the American Idol was a huge -- the Miami Idol was a huge success and one of the better things that we did, but it does also reflect the fact that our parks are magnets for people all over the City -- all over the County -- all over the region. We've got to work, I think, particularly hard to make sure that children that live in the city, where the dollars are being generated, are the primary, not inclusive but the primary focus of our activities, and I continue to note -- and I don't -- this is sort of a double-edged sword. I don't mean this to discourage grandmothers and aunties and uncles who have nieces City of Miami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 and nephews and grandchildren that may live somewhere else and then they come to the summer -- we all had that experience. I -- that were the case, 1 never would have gotten into swimming pools in North Carolina when I would go see my Aunt Gallo, so it's not something to take a draconian approach about, but we really got to try to work with preregistering kids for our public service dollars, particularly in District 3 -- 5. I would note that again, 1'd work -- I've worked very diligently with the staff to try to ensure public service dollars go for children and particularly after school and during -- at -risk children, as opposed to food programs, and I recognize that most of my colleagues have the District 5 dollar -- the public service dollars in food programs, and you don't have any money coming back when you have a food program. In fact, you're always short money. Ms. Rodriguez: Right. Chairman Teele.' So this is one of the uniquenesses of the way we're challenging that program. Finally, Madam Director, as always, the number one problem -- and this is true throughout the city -- for our under -served and our children at risk -- our kids at risk is transportation. Transportation is the biggest impediment for the use of our parks facilities. It's also an impediment even to getting to jobs, but in the context of what we're talking about, our optimist programs, our boys and girls program is particularly a problem in Little Haiti, where they don't have the park structure, and as we have done last year, I'm requesting or directing -- and 1 do it by separate motion -- that any dollars that are available, we begin to identifyfor the acquisition of busses for the optimist programs and for at -risk programs in Little Haiti, as well, so that those public service dollars are not lost. The biggest expenditure that every optimist program has in Liberty City, Model Cities and in Little -- and in Overtown is transportation. Ms. Rodriguez: We will. Chairman Teele: And so that -- so I would move Item Number 9, and further amend it to require that any and all reserves be set aside in the reserve, and that those funds be appropriately expended for transportation for the acquisition of busses, pursuant to a state contract or a county contract. Ms. Rodriguez: We will. Chairman Teele: So move. Vice Chairman Sanchez: PH.9 has been moved and amended. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a second, and it's open for discussion. Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Commissioner Winton: Who's going to own those busses, the optimist or -- Chairman Teele: Right now -- exactly. Right now, what we do is, the optimist in Model Cities and in Overtown have busses. Ms. Rodriguez: Correct. City of Miami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: They're not big enough for a lot of the purposes, so we -- you know, we can buy school busses -- and I'm trying to leave that to the Director. There's a State DOT, Department of Transportation, program for programs like this, and those busses are, you know, on a state bid list for the -- for transportation services. The big challenge we have in Little Haiti, where you have kids that are being bussed into Model Cities and elsewhere because there's no, you know, adequate parking -- and I should also note that the Parks Department did a great job in having the park -- the Haiti summer picnic for the Haitian community in Morningside Park again this year. That's always been big and a big success. The NET (Neighborhood Enhancement Team) Administrator did a wonderful job, but, you know, those kids are sort of caught in the middle, so what I would ask the Director to do is to identini an organization -- you know -- CAA, believe it or not, Community Action Agency, -- because it's auspice -- it's housed in the County, we may see that as a County agency, but CAA is the most visible agency in the Little Haiti community in helping people go from place to place, and 1 know when, for example, they had the Wendy's opening, they came in CAA busses earmarked for that purpose. Commissioner Winton: OK. Chairman Teele: I yield to you, Commissioner. Commissioner Regalado: Just an idea. I really don't know exactly, you know, what is the programming of this money, but I think two weeks ago -- one week ago, the Children's Trust of Miami -Dade County gave the City of Miami for the heart of our parks program $500, 000. I don't know whether that is only for the summer activity, but it's coming from the Children's Trust, which we all pay throughout the city and throughout the county. Plus, the City is applying for another $199, 263 from the Children's Trust in another grant, and I'm sure that probably we'll get it, but I don't know if that $500,000 can be used to bus children or to establish programs, after school programs, which is, by the way, the purpose of the Children's Trust, so I don't know if you were aware of that. Vice Chairman Sanchez: All right. Chairman Teele: All right. City of Miami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 ORDINANCES - EMERGENCY EM.1 04-00999 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL" BY ENACTING SECTION 54-6.3, ENTITLED "SPECIAL EVENTS;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00999-cover memo.pdf Motion by Vice Chairman Sanchez, 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: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12582 Chairman Teele: All right. Emergency ordinances, Mr. Attorney. Jorge L. Fernandez (City Attorney): Would you like it read first or announced? Chairman Teele: I would prefer that you read them first. Mr. Fernandez: Certainly. This ordinance requires four -fifths vote. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward on the emergency ordinance. All those -- there are no persons coming forward The public hearing is closed. There'll be two votes on this item. Is there a motion? Vice Chairman Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Teele: Moved by Commissioner -- Vice Chairman Sanchez, second by Commissioner Gonzalez. Priscilla A. Thompson (City Clerk): Roll call. First roll call. Chairman Teele: Second roll -- Ms. Thompson: Second roll call. The ordinance is adopted as an emergency measure, 5/0. Roll calls were taken, the result of which are stated above. EM.2 04-01000 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF City of Miami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 MIAMI, FLORIDA, AS AMENDED ENTITLED "PARKS AND RECREATION/ USE REGULATIONS" BY AMENDING SECTION 38-74 TO CLARIFY PERMIT REQUIREMENTS FOR CONCERTS, MUSICAL EVENTS OR DANCES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-01000-cover memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12583 Chairman Teele: Mr. Attorney. Jorge L. Fernandez (City Attorney): Mr. Chairman, next ordinance requires also four -fifths vote. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There'll be two votes. There are no persons coming forward. The public hearing is closed. Is there a motion? Commissioner Gonzalez: Move EM.2. Commissioner Regalado: Second. Chairman Teele: We have a motion and a second. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call number 1. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance is adopted on -- as an emergency measure, 5/0. EM.3 04-01001 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY AMENDING SECTION 54-1 AMENDING THE DEFINITIONS OF "ASSEMBLY," "SPECIAL EVENT" AND DEFINING "SPECIAL EVENT PERMIT;" AMENDING SECTION 54-3 TO CLARIFY ITS APPLICABILITY ONLY TO WORK IN THE PUBLIC RIGHT-OF-WAY; AMENDING SECTION 54-6 TO REDUCE THE TIME THE CITY MANAGER SHALL HAVE TO ACT UPON A DENIAL OF A PARADE PERMIT FROM TWO TO ONE BUSINESS DAY; TO REQUIRE AN APPLICANT TO CERTIFY IF AN ASSEMBLY IS OF A SPONTANEOUS OR URGENT NATURE IF FILED LESS THAN FIVE CALENDAR DAYS PRIOR TO THE PROPOSED ASSEMBLY; TO SPECIFY THE TIME LIMIT FOR THE CHIEF OF POLICE TO ACT ON AN ASSEMBLY PERMIT IF THE APPLICANT HAS CERTIFIED THAT THE ASSEMBLY IS OF A SPONTANEOUS OR City of Miami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 URGENT NATURE; TO SPECIFY A TIME LIMIT IN WHICH THE CITY MANAGER MAY ACT UPON AN APPEAL IF AN APPLICANT HAS CERTIFIED THAT THE ASSEMBLY IS OF A SPONTANEOUS OR URGENT NATURE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-01001-cover memo.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12584 Chairman Teele: Madam -- Mr. Attorney. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, the next item is also an emergency ordinance requiringfour-fifths vote of this Commission. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. Vice Chairman Sanchez: Go ahead Commissioner Regalado: Question. Chairman Teele: There are no persons coming forward. The public hearing is closed. Question by Commissioner Regalado. Commissioner Regalado: So the City Manager will have the ultimate decision to deny or grant a permit, not the Police Department? Mr. Fernandez: Correct. Commissioner Regalado: Now it's the Police Department? Mr. Fernandez: Well -- Maria Chiaro (Assistant City Attorney): The Police Department still have the ultimate authority, but if it's going to be denied, the City Manager must note. This is a notification change, not necessarily authority for review of the criteria. This is tweaking some of the changes that you made a few months ago. The concern in this particular ordinance relates to spontaneous events, whereby an application is made for something that is of an immediate nature. This requires that it be certified as an immediate nature, and it requires that if a permit is to be denied, that the response must be made in a more immediate way. Commissioner Winton: So that -- Commissioner Regalado: But, still -- Commissioner Winton: Oh, I'm sorry. Commissioner Regalado: -- a spontaneous is right away, so -- City of Miami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Chiaro: That's -- Commissioner Regalado: -- there is no time span to deny or to approve. Ms. Chiaro: There -- it's a one -day period that you need to review and try to make arrangements as best you can, but you do need to have some sort of control over an event that is of a spontaneous nature, for instance, that would be a parade or assembly for 1,000 people. You want to be able to at least have some control and rather than just ignore the application or spend -- Commissioner Winton: Which we could do currently. Ms. Chiaro: Which you could do currently, that's correct. Commissioner Winton: So this puts more control on -- this puts more responsibility on our shoulders to be responsive to the applicant. Commissioner Regalado: OK. Commissioner Winton: Is that not correct? Ms. Chiaro: Yes, that's correct, to be responsive to the applicant so that we ultimately do have more control. Chairman Teele: I have one question: Why is this an emergency? Commissioner Winton: That was my question about all three of these. Chairman Teele: I mean, it just seems to me that we're breaking the spirit of letting the ACLU ( Americans Civil Liberties Union) and the -- Commissioner Winton: Yeah. Ms. Chiaro: This -- Chairman Teele: -- the dah, dah, dah, dah, dah, and everybody and anybody who wants to have. I mean, I would strongly urge that we take this as a first reading and then notice it for second reading, unless there is a compelling reason why this should be treated as an emergency. Ms. Chiaro: There is indeed a compelling reason. These tweaks, if you will, are presented to you in response to a lawsuit by Lake Worth Incorporated, who has sued the City and who has brought to light some of the problems -- Commissioner Winton: Oh, those guys. Ms. Chiaro: -- that we made the general changes. Commissioner Winton: 1 like this emergency ordinance. Ms. Chiaro: So, in fact, we have presented these ordinances to the court and -- Chairman Teele: When is the -- the case is coming up for trial right away? Ms. Chiaro: The case -- well, the -- there was a status conference yesterday, and the judge asked City of Miami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 that these be presented to the Commission as soon as possible. That's why we had placed them on the agenda. Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Commissioner Winton: Second. Chairman Teele: Is there objection? Madam Clerk Priscilla A. Thompson (City Clerk): First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 5/0. EM.4 04-01011 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 45 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "PUBLIC ORDER," BY AMENDING SECTIONS 45-2 AND 45-4 AND ADDING NEW SECTION 45-8 PERTAINING TO UNCONSCIONABLE PRICES (PRICE GOUGING); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-01011-cover memo.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: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12585 Chairman Teele: EM.4, Mr. Attorney. Jorge L. Fernandez (City Attorney): Yes. Mr. Chair, Commissioners, this is also an emergency ordinance requiring four -fifths vote. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: It's a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward The public hearing is therefore closed. Is there a motion? Commissioner Winton: Move it. Commissioner Gonzalez: Second Chairman Teele: Motion and a second. Madam Clerk. Commissioner Regalado: Second Question. City of Miami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: Discussion. Commissioner Regalado: On this price gouging, Mr. City Attorney, does the City have the authority to immediate fine or prosecute price gougers, or do we have to go through the State Attorney General? Mr. Fernandez: The State Attorney. Vice Chairman Sanchez: It's a State law. Commissioner Regalado: The same procedure, the State Attorney? Mr. Fernandez: Yes, correct. Commissioner Regalado: OK. Mr. Fernandez: It gives the -- empowers the Police Department to identify or to be citing, and then the prosecution is by the State Attorney. Commissioner Regalado: OK. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. Chairman Teele: Yes. Marva. Ms. Thompson: Second roll call. The ordinance is adopted as an emergency measure, 5/0. Roll calls were taken, the results of which are stated above. City of Miami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 ORDINANCE - SECOND READING SR.1 04-00860 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE II, SECTION 2-33(C)(7) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE" TO CHANGE THE TIME AND MANNER WHEREBY THE CITY COMMISSION MEETINGS, ARE ADJOURNED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00860-cover memo.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12586 Chairman Teele: Before you leave, Commissioner Regalado, let me respectfully ask the Commission to look at your schedules. By the way, on the -- on this next ordinance, which is the adjournment, does that exempt the budget -- the constitutional budget hearings, first and second reading? It should, if it doesn't. That's sine die, the meetings end at 9 o'clock or something automatically. Does that exempt the budget hearings? Jorge L. Fernandez (City Attorney): No, it doesn't. Chairman Teele: Well, it should, because budget hearings, by state law, cannot begin until 5 o'clock. Mr. Fernandez: Correct, and so, if you want to make an exemption that your meetings, while you're on budget, could go beyond the time that you have specified, we can write that in the ordinance, but right now, the way it's written -- Vice Chairman Sanchez: I thought we discussed that. Chairman Teele: Well, we -- I thought we did. I thought we had agreed on that, but I'm just saying that that ordinance is coming up. Chairman Teele: We now have the ordinances on second reading and the ordinances on first reading, followed by the resolutions and then board and committee. Commissioner Winton: Move FR.1. Chairman Teele: SR.1. Mr. Fernandez: Ready for me to read? Commissioner Winton: Is that FR.1 ? Priscilla A. Thompson (City Clerk): SR. 1. Chairman Teele: SR. I. City of Miami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: Oh,SR. 1, yeah. That's what I meant. Sorry. Vice Chairman Sanchez: Well, let's get a first and a second. We'll open for discussion. If none -- Commissioner Winton: Move SR. 1. Vice Chairman Sanchez: Second Chairman Teele: We have a motion and a second. Would you read the item? Mr. Fernandez: Finding my way through the agenda -- SR.1, it isn't here in the book. Chairman Teele: This is the time and place the meetings are adjourned. The Ordinance was read by tide into the public record by the City Attorney. Chairman Teele: Did you place the amendment in there? Commissioner Winton: No. Vice Chairman Sanchez: The budget amendment to exclude budget meeting. Chairman Teele: Mr. Attorney. Mr. Fernandez: No, we haven't done that yet. Vice Chairman Sanchez: Well, as -- Chairman Teele: It doesn't need to be -- I mean, it needs to be in it, but it is not in the title so you don't have to go back to first reading, so would you just read the amendment? Commissioner Winton: I'm sorry? Mr. Fernandez: The amendment was basically to -- that this rule would not apply when you're engaged in budget hearings. Chairman Teele: Why don't we make it a little bit more specific. When we're engaged in the annual budget hearings, first and second budget ordinances, in the month of September. Mr. Fernandez: Yeah. We can state that, but it is of necessity, legally, your budget hearings are always in the month of September. Chairman Teele: 1 understand, but we -- but just to say budget hearings -- and I don't want to quibble with you, but we do mid -year budget hearings, we do one in -- we do mid year budget adjustments. I'm just trying to limit this to the -- Mr. Fernandez: Annual budget hearing. Chairman Teele: -- the annual budget hearings, yes. Mr. Fernandez: OK, and I think it's sufficient to say "annual budget hearing." Chairman Teele: I agree. City of Miami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Fernandez: This rule does not apply when the Commission is engaged in its annual budget hearings. Chairman Teele: Exactly. Vice Chairman Sanchez: As the maker -- Chairman Teele: Is that -- Vice Chairman Sanchez: -- of the motion, do you accept the amendments? Commissioner Winton: Yes, absolutely. Vice Chairman Sanchez: So do I. Chairman Teele: Is that -- OK, so we have a motion and a second. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted, as modified, on second reading, 5/0. Chairman Teele: All right. FR.1. Mr. Fernandez: Mr. Chairman, is the will of the Board -- of the Commission that this is, in fact, then becomes your first reading of that ordinance or it's just an amendment that you have made for your second and final reading? Chairman Teele: Which one? Commissioner Winton: As far as we're concerned, it would -- Commissioner Gonzalez: The one that we just voted on. Commissioner Winton: -- be an amendment to our second and final reading, unless you rule otherwise. Chairman Teele: It didn't change -- Mr. Fernandez: So it is second and -- Chairman Teele: It did not change the title, so -- Mr. Fernandez: No, it did not. Chairman Teele: So you -- that was second reading. Mr. Fernandez: Correct, we agree. Chairman Teele: So the -- Mr. Fernandez: But the Clerk needs to be clear on that. City of Miami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: The item is adopted on second reading by a vote of 5/0. Ms. Thompson: That's correct, as modified. Mr. Fernandez: OK. City of Miami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 ORDINANCES - FIRST READING FR.1 04-00740 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VI/SECTION 62-159 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING AND PLANNING FEES/WAIVER OF FEES," TO ALLOW FOR WAIVER OF VARIANCE FEES IN INSTANCES WHEN A VARIANCE IS SOUGHT BY AN OWNER AT THE WRITTEN REQUEST OF THE CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00740-cover memo.pdf 04-00740-Javier Fernandez Ietters.pdf 04-00740-Teresita Fernandez letters.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Commissioner Gonzalez: I'll move FR.1. Vice Chairman Sanchez: It's already been moved and second, and we voted on it. Chairman Teele: No. That was on SR. 1. Commissioner Gonzalez: No, FR. 1. Vice Chairman Sanchez: Oh. Chairman Teele: First reading -- first ordinance -- First Reading I is a variance of fee waivers. Vice Chairman Sanchez: Second. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. FR.2 04-00796 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED " ADMINISTRATION/MAYOR AND CITY COMMISSION," AS AMENDED, BY AMENDING SECTION 2-38 ENTITLED: "USE OF ARTICLE II, ENTITLED " MAYOR AND CITY COMMISSION," BY CREATING SECTION 2-38 ENTITLED "USE OF CITY HALL," RELATING TO THE FINAL AUTHORITY OF MEETINGS HELD AT THE COMMISSION CHAMBERS AND TO WHICH City of Miami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 MEETINGS WILL BE TELEVISED ON THE CITY OF MIAMI'S CABLE STATION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00796-cover memo.pdf WITHDRAWN A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, to WITHDRAW item FR.2 Chairman Teele: All right. Next item. Jorge L. Fernandez (City Attorney): FR (First Reading) -- The Ordinance was read by title into the public record by the City Attorney. Commissioner Winton: Is the Manager bringing this forward? I mean, where's this coming -- this --1 can't imagine doing this. Mr. Fernandez: This was requested by the City Commission to be brought forward Commissioner Winton: Well, I -- unless somebody can give me a good reason why we need to take up at every City Commission meeting who's going to be using City Hall and what's going to be on television, you know, that -- there's another two hours worth of Commission meetings. I'm not going to support this, at all. Vice Chairman Sanchez: I tend to agree with you. I don't see prac -- being practicable. 1 mean, you're going to have people coming in chasing us down to be having meetings here at City Hall. Commissioner Winton: Yeah. Chairman Teele: Motion to withdraw. Vice Chairman Sanchez: Motion to withdraw. Commissioner Winton: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. FR.3 04-00956 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35, ARTICLE VIII, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFICNALET PARKING, " TO PROVIDE FOR THE ESTABLISHMENT OF VALET PARKING IN COMMERCIAL AND RESIDENTIAL DISTRICTS CITYWIDE, RELATED PERMITS, FEES, RULES AND REGULATIONS AND APPEALS, ENFORCEMENT PROVISIONS AND FINE SCHEDULE; MORE PARTICULARLY BY AMENDING SECTIONS 35-301 THROUGH 35-311 AND ADDING NEW SECTIONS 35-312 THROUGH 35-315 TO SAID CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND City of Miami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 PROVIDING FOR AN EFFECTIVE DATE. 04-00956-cover memo.pdf 04-00956-memo.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Chairman Teele: Next item. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward There are no persons coming forward The public hearing's closed. Commissioner Winton: So moved Vice Chairman Sanchez: Second Commissioner Gonzalez: Second. 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 has been passed on first reading, 5/0. City of Miami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 RESOLUTIONS RE.1 04-00787 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR THE PROCUREMENT OF SERVICES FROM BELLSOUTH TELECOMMUNICATIONS, INC., FOR THE BURIAL OF ALL TELEPHONE EQUIPMENT LOCATED ON THE NORTH SIDE OF WATSON ISLAND, FLORIDA, IN AN AMOUNT NOT TO EXCEED $51,107.56; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 311010.509301.6.860. 04-00787-cover memo.pdf 04-00787-memo.pdf 04-00787-bell south bill.pdf 04-00787-purchase order.pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0574 Chairman Teele: All right. That concludes the first reading ordinances. We now have resolutions, most of which -- three require four-ffths vote. Procurement. Commissioner Winton: Move RE.1. Chairman Teele: RE. 1 is moved by Commissioner Winton. Vice Chairman Sanchez: Second. Chairman Teele: By Commissioner Sanchez -- Vice Chairman Sanchez. What are we doing with BellSouth? Commissioner Winton: Burying lines on Watson Island tied to this -- tied to the -- Keith Carswell: Mr. Chair, Keith Carswell, Director for Department of Economic Development. This was really just burial of some utility lines on the north side of Watson Island, and it's already occurred. Several months ago, there was a slew of ratifications. We thought this was included. This was recently brought to our attention, that it wasn't part of the initial badge of ratification of emergency items, and so since this was recently brought to our attention, we're bringing this forth. Chairman Teele: We have a motion and a second. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Chair notes a vote of 5/0. RE.2 04-00940 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE City of Miami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 SALARY OF THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST AT AN AMOUNT NOT TO EXCEED $97,000. 04-00940-cover page.pdf 04-00940-bayfront meeting.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0575 Chairman Teele: Commissioner -- Vice Chairman, you're recognized for RE.2. Vice Chairman Sanchez: RE.2, so move. Commissioner Winton: Second. Chairman Teele: Is there objection? Discussion. I just would like to say that Tim is a person, that I'm hearing from everybody that I represent, is a professional and so positive. The agency is working extremely cooperative with the community. I think the Caribbean Carnival coming here is evidence of again, the cooperative relationship, and I just want to commend you, Mr. Chairman, and Tim and his entire staff, and I would hope that the staff could see some commensurate adjustments because it's always a team effort. Vice Chairman Sanchez.: Thank you so much. Chairman Teele: And 1 strongly support it. Vice Chairman Sanchez: Tim, would you like to say something? Chairman Teele: To stop -- Vice Chairman Sanchez: Keep up the good work. Chairman Teele: To stop when you're ahead, Tim? Commissioner Winton: Yeah, yeah. He said this sale is closed. I know that lesson. Chairman Teele: All right. We have the salary adjustment for the Director of the Bayfront Trust, which appears to be unanimous. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Congratulations. RE.3 04-00945 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE BAYFRONT PARK MANAGEMENT TRUST'S ("TRUST") EXECUTIVE DIRECTOR'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS FOR THE REPAIR AND REPLACEMENT OF THE BAYFRONT PARK AMPHITHEATER LIGHTING TRUSS SYSTEM, IN AN AMOUNT NOT TO EXCEED $61,807; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENT BUDGET OF THE TRUST. City of Miami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00945-cover memo.pdf 04-00945-bayfront meeting .pdf 04-00945-bayfront letter.pdf 04-00945-change order.pdf 04-00945-permit form.pdf 04-00945-i nvoice. pdf 04-00945-bayfront memo.pdf 04-00945-pre resolution.pdf 04-00945-PSA.pdf 04-00945-bayfront Ietter2.pdf 04-00945-pre resolution2.pdf 04-00945- fax.pdf 04-00945-pre resolution3.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0576 Vice Chairman Sanchez: RE.3, so move. Commissioner Gonzalez: Second. Commissioner Winton: Second. Chairman Teele: We have a motion and a second on RE.3. Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? It requires a four -fifths vote of five affirmative votes. RE.4 04-00972 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4 /5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY INCREASING THE CONTRACT AWARDED TO AUGUST CONSTRUCTION CO., INC., PURSUANT TO RESOLUTION NO. 99-290, ADOPTED APRIL 20, 1999, AMENDED BY RESOLUTION NO. 03-576, ADOPTED MARCH 22, 2003, IN AN AMOUNT NOT TO EXCEED $6,228.86, INCREASING THE CONTRACT AMOUNT FROM $303,515,TO $309,743.86, FOR ADDITIONAL WORK REQUIRED ON THE PROJECT ENTITLED "KIRK MUNROE TENNIS CENTER PROJECT, B-60302 (FORMERLY B-6302);" ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 331372; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. City of Miami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00972-cover memo.pdf 04-00972-budgetary impact.pdf 04-00972-contract.pdf 04-00972-corporate resolution.pdf 04-00972-affidavit. pdf 04-00972-pre resolution.pdf 04-00972-august construction company.pdf 04-00972-ceballos inc.pdf 04-00972-city clerk office.pdf 04-00972-pre resolution 2.pdf 04-00972-memo.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0577 Chairman Teele: RE.4. Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: Requires a four -fifths vote. Is there a discussion? All those in favor, say 'Wye. 11 The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The Chair notes a unanimous vote of 5/0. RE.5 04-01008 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATIONS OF THE EVALUATION COMMITTEE THAT PURSUANT TO REQUEST FOR PROPOSALS NO. 03-04-066, THE FIRMS MOST QUALIFIED TO PROVIDE EMPLOYEE BENEFIT HEALTH PLANS FOR THE CITY OF MIAMI, FOR THE FOLLOWING PARTS, ARE, IN RANK ORDER : FOR "PART A" -THIRD PARTY ADMINISTRATIVE SERVICES (1) CIGNA, (2) BLUE CROSS/BLUE SHIELD, (3) AVMED; FOR "PART B" SERVICES - STOP LOSS - (1) UNITED BENEFITS, (2) BLUE CROSS/BLUE SHIELD, (3) AMERICAN STOP LOSS, AND (4) CIGNA; FOR "PART C" SERVICES - PRESCRIPTION DRUGS - (1) CIGNA, (2) BLUE CROSS/BLUE SHIELD, (3) EXPRESS SCRIPTS; AND FOR "PART D" SERVICES - EMPLOYEE ASSISTANCE PROGRAM - (1) CIGNA, (2) CBCA, (3) BLUE CROSS/BLUE SHIELD; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH SAID FIRMS, IN RANK ORDER, FOR SAID SERVICES; DIRECTING THAT THE NEGOTIATED AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR APPROVAL. 04-01008-cover memo.pdf 04-01008-benefit plan 1.pdf 04-01008-memol .pdf 04-01008-benefit plan 2.pdf 04-01008-memo2.pdf City of Miami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0578 Chairman Teele: And RE.5 and 6. Commissioner Winton: Move 5. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second for the purpose of discussion. Chairman Teele: We have a motion and a second. For discussion, Vice Chairman, Vice Chairman Sanchez: This resolution allows us to negotiate with Cigna or other companies willing to have us as customers. Let me just tell you something. You all remember the battles that we had here with Risk Management when we were -- well, there was so much abuse going on in Risk Management that I'm glad to see that -- hear that everyone has come to the table acting in good faith to find ways to save money for the City. It was a very tough issue to fight because, at that time, I felt that the inner pressures of the City were not willing to go out a 100 percent, and one of the biggest things that we needed to have was someone coming in from the outside that had more of a business attitude towards reform than from within. We've done that, and then the end results have been very positive for the City. We have saved $300, 000, OK, just in the process of just renegotiating with Cigna, who wants to continue to provide service for the City, but now they're not the only business or the only company that we could do business with, so now there are other companies. As a matter of fact, I was shocked to see so many business wanting to do business with us because we're a great customer, with 3,100 plus employees in the city, but let me just tell you, just on the medical billing itself, I think we've saved close to $250,000. That doesn't include the additional savings that will be coming down the pike on this. Now, I wanted to make sure that before we go a step further, being that 1 basically grabbed the bull by the horn on this, is that we do have an analysis of service so we know exactly what are the services that we need so we can negotiate it. That's something I don't think it was done in the past, and 1 think it's something we really need to focus on. The other thing that I would like to see moving forward is that 1 think that we should continue to explore and investigate the abuse in the past that went on and some of the abuse that continues to go on. At one time, I said that there were City employees -- and here's the beauty of it. When you come to an issue like this, it's not us versus them or them versing [sic] us; it's all working together to make sure there is no abuse, because when there's abuse, we all end up paying for it, so it's all about cost-efficient and saving money for the city. Because I'm a strong believer that when we save money, we could put it back into our employees or we could put it back into the taxpayers of the City of Miami that are paying the taxes, you know, and they're paying the fire fee and they're paying the other fees that are out there, the parking fee and stuff, so that's one of the things that 1 would like to focus on. Now, one of the things -- another issue that's very important is that we need to continue work together on this, and 1 know the unions have been working on. We need to prosecute those that are abusing the system, and once we go out there, we prosecute those that are abusing the system is when people will fall in line and not abuse it. There's people out there that have multiple, multiple, multiple open cases or have had cases in the past. That's a bad history. You couldn't do that in the private sector. Now, if they're justifiable, they're justifiable. Maybe there's reasoning why they're justifiable, but when they're not, there should be a system in place to automatically pick it up and focus on those individuals, so I'm glad to see that we're making progress here and we're going to be saving the City a lot of money on this matter. As a matter of fact, let me just state for the record -- doing some research -- the current rate claims inflation is 11 percent. Several years ago, it was 22 percent, so that shows you the significant amount of City of Miami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 reduction that we've done based on that -- on this concept. The other is, how many open claims do we have now? Can anybody tell me how many open claims, like -- Dania Carillo (Director, Risk Management): They're still working on the workmen's comp. Vice Chairman Sanchez: Could you come up -- could you please come up to the -- Ms. Carillo: We're talking about worker's comp. Vice Chairman Sanchez: I'm talking about workmen comp. Ms. Carrillo: Dania Carrillo, Director of Risk Management. Vice Chairman Sanchez: How many open claims -- Ms. Carrillo: On worker's comp -- Vice Chairman Sanchez: -- worker's -- Ms. Carrillo: -- we have about 1,200. Vice Chairman Sanchez: And at one time, we had close to about 2,780 open claims that we had in the City, so look at the reduction that we have. Ms. Carrillo: This year -- Vice Chairman Sanchez: And I think there's still room for improvement -- Ms. Carrillo: This year -- Vice Chairman Sanchez.: -- in improving the process. Ms. Carrillo: This year alone, we closed about -- in the nine months, we closed about 1,022 claims on worker's comp. Commissioner Winton: And how many did you open? Ms. Carrillo: About another 1,000. That's why we have a balance of 1, 000, but there are things that we're working on to put in place to reduce that. Vice Chairman Sanchez: Johnny, we realize -- Ms. Carrillo: We're working on certain things. Vice Chairman Sanchez: -- we realize we couldn't this overnight. This was an issue that was a tough issue. Ms. Carrillo: Right. Vice Chairman Sanchez: It wasn't an issue that we could resolve overnight. 1 knew it was going to take years. As a matter of fact, the implementation of the new system is going to take a while, but its going to save us a lot of money in the end. You know, health care, once again, is not our -- just a city problem; it's a national problem with the increasing rates in health care, so I want to commend you and your staff on that because I -- and I also want to commend the unions and all those who have sat together at the table to find ways to reduce costs and provide savings City of Miami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 to the City. Thank you. Chairman Teele: All right. We have a motion. That was for discussion. Is there further discussion? If not, all those in favor of the motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. It's unan -- adopted unanimously. RE.6 04-01015 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE TEN (10) NEGOTIATED PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH OF THE TEN (10) FIRMS IDENTIFIED HEREIN, FOR THE PROVISION OF TRANSPORTATION AND TRANSIT PROFESSIONAL SERVICES TO BE USED CITYWIDE ON AN AS -NEEDED BASIS, FOR A TWO YEAR PERIOD WITH THE OPTION DELEGATED TO THE CITY MANAGER TO EXTEND THE TERM FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT A TOTAL COST NOT TO EXCEED $2,000,000 FOR EACH CONTRACT; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. 04-01015-cover memo.pdf 04-01015-budgetary impact.pdf 04-01015-memo.pdf 04-01015-evaluation summary.pdf 04-01015-exh i bit. pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0579 Direction to the City Manager by Commissioner Regalado to review status of S. W. 7th Street around 31 Avenue where the surface of the road was left in a rough condition. Direction to the City Manager by Commissioner Gonzalez to meet with him on September 10th to explain the status of current projects in District 1. Chairman Teele: All right. And then we have RE.6. Is there a motion? Vice Chairman Sanchez: I move RE.6. Commissioner Gonzalez: 1 second -- Vice Chairman Sanchez: I had some concerns and they have been -- Commissioner Gonzalez: I second the motion because -- Vice Chairman Sanchez: -- they have been cleared City of Miami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: -- I also have some concerns. Chairman Teele: We have a motion and a second. For discussion. Commissioner Gonzalez: Mr. Manager, I've been trying to find out this $20, 000, 000, are they going to be project money or just simple consulting? And Alicia, I asked --1 had Frank Castaneda ask you that question the last two days and we haven't got an answer yet. Is this simple -- this is more of the consulting -- Alicia Cuervo Schreiber (Chief of Operations): No. 1 apologize. I didn't respond -- it is project design money for design, the soft costs of maybe 30 projects. Priscilla A. Thompson (City Clerk): We need your identification, please. Ms. Cuervo Schreiber: Alicia Cuervo Schreiber, Chief of Operations. Commissioner Gonzalez: This is design money, $20, 000, 000? Ms. Cuervo Schreiber: That we would use -- yes -- that we would do an individual RFP (Request for Proposals) for each one. Rather than doing that, we did a pull -- an RFP and pulled in ten consultants so that we could develop and design over, let's say, 30 projects, 25 projects, whatever it would take with the $20,000,000. Commissioner Gonzalez: Is this in addition to the $4, 000, 000 that we approved two weeks ago or a month ago -- Ms. Cuervo Schreiber: Very separate. Commissioner Gonzalez: -- and another $2, 000, 000 that we approved? Ms. Cuervo Schreiber: No. Very separate. You would use this design money on each individual project. As you needed to design these projects, you would be picking a consultant per project. That would be extremely time-consuming, and in the spirit of trying to draw down the $155, 000, 000 expeditiously, we had a team of staff pick and do an RFP for the purpose of selecting a group of consultants that we could issue them almost work orders in a very expeditious manner. Commissioner Gonzalez: Yeah. 1 know that we need to spend the $150, 000, 000 and I -- you know, and I agree, and there is a lot of need in the City of Miami, where to spend the $150, 000, 000, but what I will hate to see is to spend the $75, 000, 000 just in consultants and more consultants and more consultants, but let me tell you, you know, if these are going to be people that are going to be doing drawings and all of that, the experience that I have with what happened to me in 19 Terrace and 19 Street and 36th Avenue and 37th Avenue and 34th Avenue and 33rd Avenue, I had -- I took the Manager over there. I took you over there. Ms. Cuervo Schreiber: Um-hmm. Commissioner Gonzalez: I hope that these people you're selecting, that are going to be getting this money, are the right people and they don't -- you know, they don't do in other parts of the city what they have done to me, and I hope that none of this Commission have to put up with what I have had to put up during these past four months to get one -- not to get one street done; to get two blocks done, four months, and it's still waiting, so let me tell you, I do have serious concerns about this. I thought this $20, 000, 000 was going to be just project money because, you know, all I see is money -- Ms. Cuervo Schreiber: Commissioner, that is the project money. City of Miami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: -- on consultants, you know, and -- I mean -- and this -- at one point, this is going to look very bad, because we don't know -- we -- the amount of money that we're approving in actual projects compared to what we're approving here in consultants, in engineers, in draftmen, in planners, in -- you know, by the time that we finish all these studies and all of these planning, then we won't have any money to do the actual construction. I don't know, you know. Ms. Cuervo Schreiber: Commissioner -- Commissioner Winton: Mr. Chairman. Ms. Cuervo Schreiber: -- just to clar fy. Rather than go and take each project individually, they would have to be designed regardless, and they would -- as the City has always proceeded, we have always done an RFP and had a consultant to design each project individually. Rather than take that route -- consultants are still going to be designing the plans, but rather than having to come back to the Commission and do a separate RFP and have a separate meeting and lose two months, we thought a more expeditious process would be this one. I think that these firms that have been picked are the ten best firms. Commissioner Gonzalez: But let me tell you, Alicia, 1 don't want to debate this, you know. 1 don't want to take the entire afternoon to debate this but, you know, 1 don't know what we're doing. I don't really know what's going on, OK? As I call the -- you know, I called the team the Magnificent 7 Team. I found a booklet in my office where I was supposed to have had completed three projects in my district, and they -- and this was eight months ago -- and they haven't even started yet, so I don't know what we're doing, you know, but we're bringing all these experts and we're paying, you know, all of these millions of dollars and I don't see projects going on. I don't know. I see, you know, maybe one block of sidewalks, maybe half a street here, half a street there, and if we calculate the money that it's costing -- I mean, each feet of street is going to cost us $500, 000 at the train that we're going. I don't know. You know, you're the expert. I hope that you know what you're doing, you and your team, but to me -- Ms. Cuervo Schreiber: And we'd be proud to provide an audit -- Commissioner Gonzalez: -- you know, you haven't proved anything to me yet. I went to FOT -- to F -- to Florida Department of Transportation in January of 2001-- of 2002 when I got elected. I met with them. I told them about a need that I had to do a street, 14th Street, between Le Jeune Road and 37th Avenue. They told me, "Commissioner, it's going to be done in eight months," and it was done in eight months, and that took pumps for the drainage -- for the problem that we had with water accumulation. It had to do with -- they did sidewalks. They did landscaping. They rebuild the street. They -- eight months. I mean -- and I don't see where the problem is here. We have all of these experts that are costing us I don't know how much money in salaries, and we don't --1 don't see things happening. I don't know why -- what is the problem is. I don't really know what the problem is, but I would like to -- you know, maybe tomorrow you can sit down with me and explain it. What is the problem? What is the problem that we are not moving projects? Projects at a standstill, and every time 1 see, you know, all of this amount of -- huge amount of money going to consultants, it really concerns me. That's all. Chairman Teele: Further discussion. Commissioner Regalado: Yeah, question. Alicia, 1 don't know if the City's doing this or the County is doing this, but in West Little Havana, off 7th Street, on 29th and 31st, on 30th Avenue, then close to Flagler, someone came and lifted the pavement and grade the street. I understand, because of the rains and all, but the residents are calling us because they don't know what's going to happen. Do we have an idea if this is our project, this is County project? 1 know that City of Miami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 you cannot say that right now, but it's been like that for four or five weeks. They grade it and it's very rough, and the people are complaining about the cars, you know, and the parking. There's no movement in terms of anymore construction, no construction equipment, not at all. The other thing is on the major project on 16 Terrace. Ms. Cuervo Schreiber: Um-hmm. Commissioner Regalado: They have moved from one street to another one, but they have not done one block and the neighbors want to understand why they haven't finished one block. I guess could be some technical thing, but they haven't done work in three weeks, and they move to another street, so if you can find that -- I think that that would be the same scenario that Commissioner Gonzalez was talking about, but I guess the people just move on and -- you know, the people that were doing the work here, they were supposed to come back to Silver Bluff Ms. Cuervo Schreiber: Um-hmm. Commissioner Regalado: 1 don't know it's because of the rain, but 1 haven't seen them, but I hope that they'll be back. Commissioner Winton: So you're going to check on that for him? Ms. Cuervo Schreiber: Absolutely, before today is over, within the next hour. Commissioner Regalado: OK. Chairman Teele: All right. On the motion, all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The item is unanimously adopted. City of Miami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 BOARDS AND COMMITTEES BC.1 03-0234 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Joe Sanchez 03-0234-memo-1.doc 03-0234-mem bers-2.pdf DEFERRED Chairman Teele: All right. On Boards on Commissions. BC. 1, Street Codesignation Committee. Are there any appointments? BC.2 04-00441 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Richard Bennett, Jr. Chairman Arthur Teele 04-00441-memo-1.doc 04-00441- MEMBERS-2.doc 04-00441 - nominations - 3.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0599 A motion was made by Commissioner Regalado (on behalf of Chairman Teele), seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Richard Bennett, Jr. as a member of the Community Relations Board; further waiving, by a four/fifths (4/5) vote of the members of the full City Commission, the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, as it relates to past absences on record for Mr. Bennett. Chairman Teele: If not, BC.2, Community Relations Board. Commissioner Regalado: You have one appointment. Chairman Teele: Would you renominate Richard Bennett with the excessive absence? Commissioner Regalado: Richard -- yeah. City of Miami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: Bennett. Commissioner Regalado: Richard Bennett for the Community Relations Board. I so move. Commissioner Gonzalez: Second. Chairman Teele: That's on behalf of Teele. Commissioner Regalado: On behalf of Commissioner -- Chairman Arthur Teele. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. BC.3 04-00446 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Victor F. Seijas, Jr. Commissioner Angel Gonzalez Placido Debesa Commissioner Tomas Regalado Carlos Arboleya, Sr. Commissioner Tomas Regalado Ileana Cabanas Vice Chairman Joe Sanchez Amy Condon Mayor Manuel A. Diaz 04-00446-memo-1.doc 04-00446-members-2.doc 04-00446-resignation-3.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Roll Call: Present: Commissioner Gonzalez, Commissioner Winton, Vice Chairman Sanchez, Commissioner Regalado and Chairman Teele R-04-0600 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Ileana Cabanas as a member of the Parks Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Victor Seijas, Jr. as a member of the Parks Advisory Board. City of Miami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Placido Debesa and Carlos Arboleya, Sr. as members of the Parks Advisory Board. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Amy Condon as members of the Parks Advisory Board; further waiving by a four/fifths (4/5) vote of the members of the full City Commission, the residency requirements in Section 2-884 of the Code of the City of Miami, as amended, as it relates to Amy Condon as a member of the Parks Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, to waive by a four/fifths (4/5) vote of the members of the full City Commission, the residency requirements in Section 2-884 of the Code of the City of Miami, as amended, as it relates to Victor Seijas, Jr. as a member of the Parks Advisory Board. Chairman Teele: Next is the Parks Advisory Board Vice Chairman Sanchez: I would like to nominate Ileana Cabanas. Chairman Teele: Is there -- Commissioner Gonzalez: Second Chairman Teele: Is there objection? Commissioner Regalado: Second Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Gonzalez: 1 would like to nominate Victor Seyas, Jr. Commissioner Winton: Second. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Unanimously done. Commissioner Regalado: I'm nominating Placido Debesa and Carlos Arboleya, Sr. Commissioner Gonzalez: Second Chairman Teele: Is there objection? You have two appointments? Commissioner Regalado: Yeah. Chairman Teele: All in favor, say "aye." City of -Miami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 The Commission (Collectively): Aye. Chairman Teele: Any further. Next is the Miami Sports and Exhibition -- Commissioner Regalado: Somebody has to move the Mayor's appointment, Amy Condon. I move Amy Condon. Commissioner Gonzalez: Second. Commissioner Winton: Second. Priscilla A. Thompson (City Clerk): That -- that's just for a waiver. She needs a waiver. Commissioner Winton: What? Ms. Thompson: She needs -- Chairman Teele: She needs a waiver. Ms. Thompson: -- a four -fifths residency waiver. Vice Chairman Sanchez: Second. Commissioner Gonzalez: OK. Let's put in -- Chairman Teele: All those in favor, say "aye." Vice Chairman Sanchez: Second, with the waiver. The Commission (Collectively): Aye. Commissioner Gonzalez: 1-- Mr. Chairman, I also need a residency waiver for Victor Seijas. I'll move. Chairman Teele: Is there a second? Commissioner Winton: Second. Chairman Teele: All in favor of the residency waiver, as stated, say "aye." The Commission (Collectively): Aye. Chairman Teele: Further discussion? BC.4 04-00447 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. APPOINTEE: NOMINATED BY: Eli Feinberg Commissioner Angel Gonzalez Bob Beamon Chairman Arthur E. Teele, Jr. City of Miami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00447-memo-1 .doc 04-00447-members-2.doc Motion by Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0582 A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to appoint Eli Feinberg as a member of the Miami Sports and Exhibition Authority; further waiving, by a unanimous vote of the members of the City Commission, the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, as it relates to Eli Feinberg. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, to appoint Bob Neiman as a member of the Miami Sports and Exhibition Authority replacing Chairman Teele. A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, to waive, by a four/fifths (4/5) vote of the members of the full City Commission, the residency and the elector requirements in Sections 2-884 and 2-1013 of the Code of the City of Miami, as amended, as they relate to Bob Neiman's membership on the Miami Sports and Exhibition Authority. Chairman Teele: BC.4, Sports and -- MSEA (Miami Sports & Exhibition Authority) Commissioner Gonzalez: 1 nominate Eli Feinberg. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): Commissioner, on Mr. Feinberg, he had already served the eight year term limit. Commissioner Winton: Who did? Ms. Thompson: Mr. Feinberg. He served the eight year term limit, so that you would need a unanimous vote, 5/0 vote for him. Commissioner Winton: I'm OK. I'm OK. Commissioner Gonzalez: I know you are. Chairman Teele: All -- Commissioner Regalado: He's going to be there longer than you. Vice Chairman Sanchez: Who -- Commissioner Gonzalez: 1 know you are. That's why I did it. Commissioner Winton: That's OK now. City of Miami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: OK. Commissioner Winton: I got my point across. Commissioner Gonzalez: All right. Chairman Teele: All in favor of Mr. Feinberg, say "aye." The Commission (Collectively): Aye. Chairman Teele: Mr. Vice Chair, would you preside through the rest of this and let me -- Vice Chairman Sanchez: Yes, sir. BC.5, Orange Bowl Advisory. Chairman Teele: No. I'd like to make a nomination to the MSEA. Vice Chairman Sanchez: Oh, for MSEA? OK. You're recognized. Chairman Teele: Would like to nominate Bob Beamon to replace Arthur Teele. Commissioner Gonzalez: Second. Commissioner Winton: Bob Beamon long jumper? Chairman Teele: Yes. Commissioner Winton: Oh, cool. Second. Vice Chairman Sanchez: OK. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Chairman Teele: Now, does he need -- do you need a waiver if you live in the County? Ms. Thompson: Yes, you would Chairman Teele: And I'm moving for a waiver for his residency. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion and a second. Commissioner Winton: Second. Vice Chairman Sanchez: Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. City of Miami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 BC.5 04-00540 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Theodora Hayes Long Vice Chairman Joe Sanchez Sam Burstyn Chairman Arthur Teele 04-00540-memo-1.doc 04-00540- MEMBERS-2.doc Motion by Commissioner Gonzalez, seconded by Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0580 A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Sam Burstyn as a member of the Orange Bowl Advisory Board; further to waive, by a four/fifths (4/5) vote of the members of the full City Commission, the residency and the elector requirements in Sections 2-884 and 53-123 of the Code of the City of Miami, as amended, as they relate to Sam Burstyn's membership on the Orange Bowl Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Chairman Teele, and was passed unanimously, to appoint Theodora Hayes Long as a member of the Orange Bowl Advisory Committee. Commissioner Sanchez: Are you done, Mr. Chair, or is there -- Chairman Teele: No. Would you go ahead and preside through the -- Vice Chairman Sanchez: Yes, sir. OK Moving on, BC.5 is the Orange Bowl Advisory. Is there a nomination on that? Chairman Teele: I'd like to renominate Mr. Sam Burstyn with a four -fifths waiver. Commissioner Gonzalez.: Second. Vice Chairman Sanchez: There's a motion and a second, including the waiver. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Any appointments? Any additional appointments to the Orange Bowl Advisory? If not, could someone make a motion for Theodora Hayes Long? City of Miami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: Move. Vice Chairman Sanchez: There's a motion for Theodora Long. Commissioner Regalado: Second. Vice Chairman Sanchez: Second. Open for discussion. She is a local resident. As a matter of fact, she lives two blocks away. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the motion carries unanimously. BC.6 04-00541 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: Robert Valledor Anthony Cantey 04-00541-memo-1.doc 04-00541-MEMBERS-2.doc NOMINATED BY: Vice Chairman Joe Sanchez Chairman Arthur E. Teele, Jr. Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0581 A motion was made by Commissioner Regalado (on behalf of Vice Chairman Sanchez), seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Robert Valledor as a member of the Nuisance Abatement Board; further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Robert Valledor as a member of the Nuisance Abatement Board. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, to appoint Anthony Cantey as a member of the Nuisance Abatement Board, replacing Mr. James Moss. Vice Chairman Sanchez: BC.6, Nuisance Abatement Board. Is there -- Commissioner Regalado: Who do you want to nominate? Vice Chairman Sanchez: Robert Valledor, and I believe he requires a term limit. Priscilla A. Thompson (City Clerk): That -- he requires a unanimous 5/0 vote to be reappointed. He's met the five. Commissioner Regalado: I move --1 move -- City of Miami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: All right. Could someone -- Commissioner Regalado: -- to qualify the -- Commissioner Gonzalez: Second. Vice Chairman Sanchez: OK. There's a motion by Tomas Regalado, second by Commissioner Gonzalez. Open for discussion. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: With a waiver. Vice Chairman Sanchez: With a waiver. With a waiver. Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Chairman Teele: I would like to nominate Mr. Anthony Cantey to replace Mr. James Moss. Commissioner Gonzalez: Second. Commissioner Winton: Second. Vice Chairman Sanchez: There is a motion and a second. Ms. Thompson: I'm sorry, sir. Which board would that be for? Vice Chairman Sanchez: BC. 6. Chairman Teele: We're talking about Nuisance Abatement Board, right? Ms. Thompson: Yes. Vice Chairman Sanchez: Yes. OK. Does he require any type of waiver, Mr. Chairman? Chairman Teele: No, no. Vice Chairman Sanchez: None. There's a motion and a second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. BC.7 04-00543 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Michael G. Barket Vice Chairman Joe Sanchez City of Miami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Rodney Noel Chairman Arthur Teele 04-00543-memo-1.doc 04-00543-members-2. d oc Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0583 A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to appoint Michael Barket as a member of the Bayfront Park Management Trust. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, to appoint Rodney Noel as a member of the Bayfront Park Management Trust. Vice Chairman Sanchez: We move on to BC. 7, Bayfront Park Management Trust. Any reappointments or appointments? Commissioner Regalado: Who do you want to nominate? Vice Chairman Sanchez: If someone could make a motion for Michael Barker. Commissioner Regalado: Michael Barket, move it. Commissioner Winton: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion and a second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. Chairman Teele: I like to nominate Rodney Noel. Commissioner Gonzalez: Second. Commissioner Winton: Second. Vice Chairman Sanchez: OK. There's a motion and a second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion passes unanimously. BC.8 04-00548 RESOLUTION City of Miami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 INDIVIDUAL AS A MEMBER OF THE FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Joseph Kaplan, Esq. Miami Association of Fire Fighters 04-00548-memo-1.doc 04-00548-members-2.doc 04-00548 - nominations - 3.pdf Motion by Commissioner Gonzalez, seconded by Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0584 A motion was made by Commissioner Gonzalez, seconded by Chairman Teele, and was passed unanimously, to appoint Joseph Kaplan as a member of the City of Miami Fire Fighters' and Police Officers' Retirement Trust. Vice Chairman Sanchez: Moving to -- any additional appointments to Bayfront Park? If not, we move to BC.8, which is the -- Commissioner Gonzalez: I would like to move the name of Joseph Kaplan, Esquire. Vice Chairman Sanchez: OK. Chairman Teele: Second. Vice Chairman Sanchez: There's a motion. Chairman Teele: Second. Vice Chairman Sanchez: Second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. BC.9 04-00637 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Milagros Loyal Commissioner Tomas Regalado (Regular member with unexpired term ending February 10, 2006) Manuel Chamizo Vice Chairman Joe Sanchez (Regular member with unexpired term ending February 13, 2007) City of Miami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 James Moss Chairman Arthur Teele (Regular member with unexpired term ending February 10, 2006) John Jones Commission At -Large (Alternate member with unexpired term ending February 13, 2007) 04-00637-memo-1.doc 04-00637-Members-2.doc Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0585 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Milagros Loyal as a regular member of the Code Enforcement Board; further waiving 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 Milagros Loyal as a member of the Code Enforcement Board. A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint John Jones as an alternate member of the Code Enforcement Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fif hs (4/5) vote of the members of the full City Commission, as it relates to past absences on record for John Jones as a member of the Code Enforcement Board. A motion was made by Commissioner Winton (on behalf of Vice Chairman Sanchez), seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Manuel Chamizo as a regular member of the Code Enforcement Board; further waiving 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 Manuel Chamizo as a member of the Code Enforcement Board. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, to appoint James Moss as a regular member of the Code Enforcement Board to replace James Keane. Vice Chairman Sanchez: BC. 9, Code Enforcement Board. Chairman Teele: Mr. Chairman. Commissioner Regalado: I nominate Milagros Loyal Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion and a second. Priscilla A. Thompson (City Clerk): She needs a waiver of her absence -- excessive absences. Four -fifths waiver needed. City of Miami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: The Clerk advices she needs a waiver for excessive absence. Commissioner Regalado: OK. With a waiver. Commissioner Gonzalez: Second, with the waiver. Vice Chairman Sanchez: There's a motion and a second, with the waiver. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Chairman Teele: Mr. Chairman. Vice Chairman Sanchez: Yes, sir. Chairman Teele: 1 would like to nominate -- or renominate Mr. John Jones, who requires a waiver for excessive absence, as an at -large. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There is a motion and a second with the waiver. Commissioner Winton: What board is this? Vice Chairman Sanchez: Open -- Commissioner Regalado: Code Enforcement Board. Vice Chairman Sanchez: Open for discussion. Commissioner Winton: But is he going to -- Chairman Teele: Yes. Commissioner Winton: He's going to be available now? Chairman Teele: Yes. Commissioner Winton: OK. Vice Chairman Sanchez: Open for discussion. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." I need someone to make a motion Manuel Chamizo -- Commissioner Winton: So move. Commissioner Gonzalez: Move -- Vice Chairman Sanchez: -- who's currently on the board. City of Miami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: -- Manuel Chamizo. Ms. Thompson: He -- Vice Chairman Sanchez: There -- Ms. Thompson: I'm sorry. Vice Chairman Sanchez: Madam Clerk, please. Ms. Thompson: Excessive absences. He would need a four -fifths waiver, as well. Vice Chairman Sanchez: OK. Commissioner Winton: So moved. Vice Chairman Sanchez: We need a four -fifths waiver on -- and he is interested in still being a part of it. I mean -- Commissioner Regalado: Allison needs a reappointment? Ms. Thompson: No, no, she's fine. Commissioner Regalado: Oh, she's fine. Vice Chairman Sanchez: OK. There's a motion and a second, with a waiver. Commissioner Gonzalez: Right. Vice Chairman Sanchez: OK. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none -- Commissioner Winton: Hold on. Wait, I think we have some -- Vice Chairman Sanchez: -- motion carries unanimously. Chairman Teele: I would like to appoint Mr. James Moss to replace Mr. James Keane. Vice Chairman Sanchez: There's a motion. Vice Chairman Sanchez: Is there a second? Commissioner Winton: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Vice Chairman Sanchez: 1 believe there's someone who wants to address the Commission, sir. Yes, sir. Sir, would you please state your name and address for the record? Jerome Wright: Name is Jerome Wright. Vice Chairman Sanchez: Yes. Mr. Wright: I live 3295 Williams Avenue. I represent Homeowners and Tenants Association of Coconut Grove. Vice Chairman Sanchez: And you're here to speak on what behalf, is it one of the appointments? Mr. Wright: On the appointment on 9. Vice Chairman Sanchez: On 9. Mr. Wright: Code Enforcement. Vice Chairman Sanchez: Sir, you have two minutes. Mr. Wright: I have two minutes? Vice Chairman Sanchez: Yes, sir. Mr. Wright: What 1 don't like about it, y'all appoint these people as -- to do the job. I live in the Grove. I ride my bicycle. I've been to the office on 37th Avenue, and I report everything that 1 see, but nobody -- it takes them four and five days to get to where they got to do, and by the time they get there, they stop work. They only work on Monday, Tuesday, Wednesday all night long this one building, and I done reported it four times in a whole week and a whole month, and Code Enforcement come there twice, and when they came, nobody's there, but when they leave, they dash back in the building and finish, and it's just a mess. If they ain't going to do -- if they not going to do the job they supposed to do, no need coming, no need doing anything, because they be finished by the time they didn't get finished Vice Chairman Sanchez: Sir -- Commissioner Winton: What building is that? Vice Chairman Sanchez: -- let me put you in contact with the director of Code Enforcement. Have you talked to him? Mr. Wright: Yeah, 1 have talked to Code Enforcement. 1 ain't talking to Code Enforcement no more because everybody in my neighborhood go down to the center, they reported it. They reported it over and over again. It's on the computer. They not going to go no more because ain't nothing being done. Vice Chairman Sanchez: 1 understand. Mr. Wright: It's just like going through the door. Vice Chairman Sanchez: I understand your frustrations, OK. I'm very sympathetic to your City of Miami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 frustrations, but have you talked to the director of that department personally? Mr. Wright: In other words, you can't even get to the director. Vice Chairman Sanchez: Well, you're going to get to him today. Mr. Wright: You got to get to the bottom man first before you get to the top. Commissioner Winton: Well -- Commissioner Winton: No. He said you could talk to the director right now, today. Vice Chairman Sanchez: Today, you can get to him. 1 think he's here. Mr. Wright: He's here? Vice Chairman Sanchez: Yes, sir. Commissioner Winton: Yes. Mr. Wright: OK. Vice Chairman Sanchez: So we're going to make sure you speak to him. Mr. Wright: No. What it is is -- Commissioner Winton: Thank you. Mr. Wright: 1 represent my community -- Vice Chairman Sanchez: Yes, sir. Mr. Wright: -- and 1 ride all over town and 1 see things that nobody else sees. Vice Chairman Sanchez: Well, let's get you to talk to him. Commissioner Winton: And why don't -- Vice Chairman Sanchez: And we appreciate you being here. Commissioner Winton: Jason will talk you to go see the director right now. Mr. Wright: OK. Vice Chairman Sanchez: He's right here. Mr. Wright: Thank you, Commissioner. Vice Chairman Sanchez: Sir? Commissioner Winton: Thank you. Mr. Wright: OK. Vice Chairman Sanchez: There's the man you've been looking for. You've got him. Mr. Chair. City of Miami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 BC.10 04-00685 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur Teele 04-00685-memo-1.doc 04-00685-members-2.doc DEFERRED Vice Chairman Sanchez: We move on to BC.I0. Commissioner Teele. Chairman Teele: We'd like to temporarily pass that item at this time. Vice Chairman Sanchez: OK. Item has been requested to be passed. We'11 get back to it. BC.11 04-00930 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Lourdes Solera Vice Chairman Joe Sanchez (Restoration Architect or Architect Historian) Camilo Alvarado Vice Chairman Joe Sanchez (Citizen) 04-00930-memo-1 .doc 04-00930- members-2.doc 04-00930 - applications -3.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0586 A motion was made by Gonzalez, seconded by Commissioner Regaldo, and was passed unanimously, to appoint Camilo Alvarado as a member of the Historic and Environmental Preservation Board. City of Miami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 A motion was made by Commissioner Regalado (on behalf of Vice Chairman Sanchez), seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Lourdes Solera as a member of the Historic and Environmental Preservation Board. Vice Chairman Sanchez: BC. 1I, which is Historical and Environmental Preservation Board. If none, could someone make a motion for Camilo Alvarado? Commissioner Gonzalez: I'll move Camilo Alvarado. Vice Chairman Sanchez: There's a motion for Camilo Alvarado. Commissioner Regalado: Second Vice Chairman Sanchez: And a second, and it's open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Can someone make a motion for Lourdes Solera? Commissioner Regalado: Move it. Vice Chairman Sanchez: There's a motion -- Commissioner Gonzalez: Second. Vice Chairman Sanchez: -- by Commissioner Regalado, second by Commissioner Gonzalez. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. BC.12 04-00934 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Norma M. Castillo Commissioner Angel Gonzalez David R. Berley Commissioner Johnny Winton Eli Feinberg Commissioner Tomas Regalado Timothy Keegan Vice Chairman Joe Sanchez City of Miami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00934-memo-1.doc 04-00934- MEMBERS-2.doc Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0587 A motion was made by Commissioner Gonzalez, seconded by Chairman Teele, and was passed unanimously, to appoint Norma Castillo as a member of the Finance Committee. A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint David Berley as a member of the Finance Committee. A motion was made by Commissioner Winton (on behalf of Vice Chairman Sanchez), seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Timothy Keegan as a member of the Finance Committee. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Eli Feinberg as a member of the Finance Committee. Vice Chairman Sanchez.' Any appointments to that board? If not, we'll move on to -- Commissioner Winton: Which board? Vice Chairman Sanchez: -- 12, which is the Finance Committee. Commissioner Gonzalez: I'll reappoint Norma Castillo. Chairman Teele: Second. Vice Chairman Sanchez: There's a motion to reappoint Mrs. Castillo. There's a motion -- motion made by Commissioner Gonzalez, second by -- Commissioner Gonzalez: Commissioner Teele. Vice Chairman Sanchez: -- Commissioner Teele. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion carries unanimously. Commissioner Winton: This Finance Committee, you said? Vice Chairman Sanchez: Yes, sir. Commissioner Winton: 1 want to reappoint David Berley. Vice Chairman Sanchez: OK. There's a motion by Commissioner Winton -- Commissioner Gonzalez: Second. Vice Chairman Sanchez: -- and second by Commissioner Gonzalez for a reappointment. Open City of Miami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion carries unanimously. Could someone make a motion for Tim Keegan? Commissioner Winton: So moved. Vice Chairman Sanchez: There's a motion -- Commissioner Regalado: Second Vice Chairman Sanchez: -- Commissioner Winton, second by Commissioner Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Commissioner Regalado: I renominate Eli Feinberg. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Is that for the Finance Committee? Commissioner Regalado: Huh? Vice Chairman Sanchez: Are we still on the Finance Committee, sir? Commissioner Regalado: Yeah. Vice Chairman Sanchez: OK There's a motion and a second. Commissioner Winton: Eli's on the Finance Committee? Vice Chairman Sanchez: Open for discussion. Commissioner Regalado: Huh? Commissioner Winton: Eli's on the Finance Committee? Vice Chairman Sanchez: Commissioner Winton. Commissioner Regalado: Yeah. Commissioner Winton: No, no. Vice Chairman Sanchez: OK. No discussion? Commissioner Winton: 1 didn't know he was on that committee. Vice Chairman Sanchez: OK. All in favor, say "aye." City of Miami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion carries unanimously. BC.13 04-00936 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maria Dreyfus-Ulvert Commission At -Large Alexander Reus 04-00936-memo-1 .doc 04-009 36-members-2. d oc 04-00936 - residency - 3.pdf Commission At -Large Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0588 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Maria Dreyfuss Ulvert to the Mayor's International Council, and further waiving the residency requirements in Section 2-884 of the Code of the City of Miami, as amended, are hereby waived by a four/fifths (9/5) vote of the members of the full City Commission, as it relates to Maria Dreyfuss-Ulvert as a member of the Mayor's International Council. A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Alexander Reus as a member of the Mayor's International Council. Vice Chairman Sanchez: We move on to BC.13, which is the Mayor's International Council. Commissioner Regalado: We need to renominate -- Madam City Clerk, the lady -- Vice Chairman Sanchez: We're on the Mayor's International Council. Commissioner Regalado: Yeah. The lady that the Commission appointed, but -- Priscilla A. Thompson (City Clerk): Maria -- Commissioner Regalado: -- she needed -- Ms. Thompson: -- Dreyfus-Ulvert. Commissioner Regalado: Maria Dreyfus, you're right. Commissioner Winton: Who? City of Miami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Thompson: Maria Dreyfus-Ulvert. U-L-V-E-R-T is her last name. Commissioner Regalado: Ulvert, yeah. Ms. Thompson: She needs a residency waiver. Commissioner Winton: OK. Commissioner Regalado: She needs a resident waiver. Vice Chairman Sanchez: OK. Are you also moving the waiver? You're moving -- Commissioner Regalado: Residency waiver. Vice Chairman Sanchez: You're moving both? Commissioner Regalado: With -- yeah. Vice Chairman Sanchez: OK. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion and a second. Motion made by Commissioners Regalado, second by Commissioner Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, passes unanimously. Could someone move Alexander Reus? Commissioner Winton: So move. Vice Chairman Sanchez: Reus. Commissioner Gonzalez: Second. Vice Chairman Sanchez: OK. There's a motion by Commissioner Winton, second by Commissioner Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion carries unanimously. BC.14 04-00950 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI AND SOUTH FLORIDA COORDINATION COMMITTEE FOR THE CELEBRATION OF THE REPUBLIC OF HAITI BICENTENNIAL (JANUARY 1, 1804 - JANUARY 1, 2004) [HAITI BICENTENNIAL COORDINATION COMMITTEE] FOR A TERM AS DESIGNATED HEREIN. City of Miami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 APPOINTEE: NOMINATED BY: Lucie Tondreau Commission At -Large 04-00950-memo-1.doc 04-00950- Attendance-2.xls Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0589 A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, to appoint Lucie Tondreau as a member of the Miami and South Florida Coordination Committee for the Celebration of the Republic of Haiti Bicentennial (January I, 1804 - January 1, 2004) [Haiti Bicentennial Coordination Committee]. Vice Chairman Sanchez:: B.13 [sic], we did that; 14, which is the South Florida Coordination Committee for the celebration of the Republic of Haiti Bicentennial Committee. Is there any appointments or reappointment? We have Commission at -large, two openings. That's one of the boards that we have to revisit to maybe -- because that was 2004. 1 believe, Commissioner -- Mr. Chairman? Chairman Teele: Yes. Vice Chairman Sanchez: That was 2004. 1 mean, do -- Chairman Teele: The Haitian Bicentennial? Vice Chairman Sanchez: Yes, sir. Chairman Teele: I think they end in December 30th of this year. Vice Chairman Sanchez: It will be sunset? Commissioner Winton: So it sunsets? Chairman Teele: They sunset December 30th -- Vice Chairman Sanchez: Well -- Commissioner Winton: So do we need to -- Chairman Teele: -- or January 30th. Vice Chairman Sanchez: OK. Commissioner Winton: So do we need to make appointment? Vice Chairman Sanchez: One of the discussion later on is to try to, you know, sunset some of these boards and do away with some of these boards. City of Miami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: This board is sunseted. Vice Chairman Sanchez: Yes. Chairman Teele: And I think it's either December 30th or January 30th. Vice Chairman Sanchez: All right. Let's move to BC.15. Chairman Teele: I think there was appointment of Lucie Tondreau replacing Mr. Williams. Vice Chairman Sanchez: That's at BC. 14? Chairman Teele: Yes, sir. Vice Chairman Sanchez: OK. There's a motion by Commissioner Teele. Commissioner Winton: Second. Commissioner Sanchez: Is there a second? Commissioner Winton: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second by Commissioner Winton. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. BC.15 04-00928 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eldred Garcia Commissioner Johnny Winton Allyson Warren Commissioner Tomas Regalado Fred Jackson Vice Chairman Joe Sanchez Judy Alexis Brown Chairman Arthur Teele City of Miami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00928-memo-1 .doc 04-00928-members-2.doc Motion by Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0590 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously to appoint Eldred Garcia as a member of the Community Technology Advisory Board. A motion was made by Commissioner Regalado, seconded by Chairman Teele, and was passed unanimously, to appoint Allyson Warren as a member of the Community Technology Advisory Board. A motion was made by Chairman Teele (on behalf of Vice Chairman Sanchez), seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Fred Jackson as a member of the Community Technology Advisory Board. A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Judy Alexis Brown as a member of the Community Technology Advisory Board; and farther waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, are hereby waived by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for Judy Alexis Brown as a member of the Community Technology Board. Vice Chairman Sanchez: BC.15 is the Community Technology Advisory Board Commissioner Winton: I'm going to reappoint Eldred Garcia. Vice Chairman Sanchez: OK. There's a motion to appoint -- Commissioner Regalado: Second Vice Chairman Sanchez: -- by Commissioner Winton, second by Commissioner Regalado. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, passes unanimously. Commissioner Regalado: 1 reappoint Allyson Warren. Vice Chairman Sanchez: There's a motion. Chairman Teele: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: Anyone in opposition, say "nay." Hearing none, motion passes unanimously. 1 would like to reappoint -- Commissioner Winton: What committee -- that was the Technology Committee. Vice Chairman Sanchez: The Technology Committee, Community Technology Advisory Board. Can someone move Fred Jackson? Chairman Teele: So move. Commissioner Winton: So move. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion by the Chairman, second by Commissioner Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, it passes unanimously. Chairman Teele: 1 would move the reappointment of Judy Brown, with a waiver for excessive absences. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion with a waiver by Commissioner -- Chairman Teele, second by Commissioner Gonzalez. It is open for discussion. Hearing none, all in favor, say " aye. The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." City of Miami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 DISCUSSION ITEMS DI.1 04-00793 DISCUSSION ITEM REPORT BY THE COMMUNITY REDEVELOPMENT AGENDA (CRA) SPECIAL COUNSEL CONCERNING THE ENABLING LEGISLATION AND BUDGETING PROCESS OF THE SOUTHEAST/OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT CRAS. 04-00793-cover memo.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to DEFER item DI. I. Chairman Teele: All right. Are there any other matters -- all right. We've -- we called for you right before lunch and it was late. We have one item, I think -- motion to defer Discussion Item 1. Let the new attorney -- Vice Chairman Sanchez: Which one is that, Mr. Chair? Chairman Teele: Special report from the special counsel, CRA (Community Redevelopment Agency). Chairman Teele: Let the new attorney come in and -- Vice Chairman Sanchez: So move to defer. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. DI.2 04-00799 DISCUSSION ITEM DISCUSSION CONCERNING A RESOLUTION DIRECTING THE CITY MANAGER TO WITHHOLD ENFORCEMENT FOR A PERIOD OF THREE (3) YEARS, OF ARTICLE 4/SECTION 401 OF ZONING ORDINANCE NO. 11000, AS AMENDED, ENTITLED "ZONING DISTRICT/SCHEDULE OF DISTRICT REGULATIONS" RELATED TO RESIDENTIAL PROPERTIES IN THE CITY OF MIAMI ("CITY") WITH A SINGLE UNPERMITTED DWELLING UNIT. 04-00799-cover memo.pdf 04-00799-draft.pdf NO ACTION TAKEN DI.3 04-00838 DISCUSSION ITEM City of Miami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 THE CITY CODE TO CHANGE THE AMOUNT CHARGED FOR PARKING FEES IN THE SD-17 OVERLAY DISTRICT, WHERE BONUS PARKING IS PERMITTED, FROM PREVAILING RATES FOR PUBLIC METERED PARKING IN THE VICINITY, AS ESTABLISHED BY THE MIAMI DEPARTMENT OF OFFSTREET PARKING TO A SET AMOUNT. 04-00838-email.pdf MOTION A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Gonzalez absent, to amend Section 617.2.2.2(1)(b) of the Code of the City of Miami, Florida to change the amount charged for parking fees in the SD- 17 Overlay District, where bonus parking is permitted, from prevailing rates for public metered parking in the vicinity, as established by the Miami Department of Off -Street Parking to a set amount. Chairman Teele: All right. Withholding enforcement zoning districts. Vice Chairman Sanchez: Hey, we passed her thing. Chairman Teele: All right. Amendment to the Code relating to parking fees. Art. Vice Chairman Sanchez: OK. Commissioner Regalado: When you -- Art Noriega: Yes, sir. Commissioner Regalado: -- get done with this, I have something before Art leaves. Chairman Teele: All right. Art. Mr. Noriega: Yes, sir. What's the issue? Chairman Teele: The item is the item relating to the parking fees. Amendment to the Code, amount charged. Discuss -- Commissioner Winton.: Oh, is this DI.3? Chairman Teele: Discussion Item 3. Mr. Noriega: Oh, Discussion Item 3. Chairman Teele: And anything else you're here on, sir. Mr. Noriega: This isn't my item. Commissioner Winton: Yeah. Mr. Noriega: As far as the discussion item, 1 know the Commissioner probably wants to weigh in on it. I was -- this is a longstanding issue. Commissioner, you're probably better fit -- Commissioner Winton: Yeah, 1 understand this one, so -- Mr. Noriega: -- than me. I'll weigh in on it, but I mean -- City of Miami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: If you all remember -- I don't remember when this was, but I think this was two years ago, three years ago. The developer of the Sonesta got extra credits for building extra space in his building because he agreed to provide public parking in the parking garage -- Chairman Teele: The library. Commissioner Winton: Right. -- at rates that were equal to the rates at the parking meters. That developer then came back to the City and said, "Well, we agreed to that, but we don't want to do it. We now want to have unregulated parking rates,and want to raise our fees, "and if you remember, I raised holly heck about that whole issue and did some analyses to show the added value that the developer got and we voted down that request. This new request, which I am in support of -- Chairman Teele: Sir, sir, would you all take that discussion out, please? Please. Commissioner Winton: This new item is asking that we stick with that provision that they agreed to; that the rate be tied to the prevailing rate of the meters, but suggesting that in no event it be less than the amount that the meter was at the time that they agreed to this thing back in -- I don't know -- ten years ago or seven years ago or whenever it was, and what's the point to this? The point is that if I'm a developer and I'm going to develop something and I'm going to get these credits and I'm agreeing that parking, as an example, that the rate is $1 an hour and I'm anticipating -- because nothing ever goes down; things only go up, so I'm going to agree that I'm going to keep my rates tied to the prevailing rate at meters for the rest of the time. Well, what we did in the Grove is, we actually -- what was this, two years ago that we did this? Mr. Noriega: Yeah, about two years ago. Exactly. Commissioner Winton: Because we were trying to stimulate economic develop -- business development in the Grove. We actually decreased the rate by -- Mr. Noriega: A quarter. Commissioner Winton: -- by a quarter, and so the developer said, "I never calculated that in my development scheme, in my performa at all and it seems to be unfair because nobody would have anticipated that you would lower the parking rates," so what they're asking we do is tie it to that threshold of $1.25, period. If parking rates eventually go up again, he can travel with the rate going up, but not going down, and so unless the public -- and I understand that there's been meetings with the public -- so unless there's people that are really opposed, I don't have a problem with making this adjustment that says that the prevailing parking rate, that it will -- their rate will be tied to the prevailing rate for meters in the business district, but in no case shall it be below $1.25, which is the rate it was at when they agreed to this whole thing back four years, five years ago. So moved Vice Chairman Sanchez: Second. Chairman Teele: Is there a discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? The item is adopted 4/0. DI.4 04-00946 DISCUSSION ITEM DISCUSSION RELATED TO CITY BOARDS. City of Miami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00946-cover memo.pdf 04-00946-re po rt.2. d oc NO ACTION TAKEN City of Miami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 FIRST BUDGET PUBLIC HEARING 5:05 P.M. BH.1 04-00983 DISCUSSION ITEM FIRST PUBLIC HEARING TO DISCUSS THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR FISCAL YEAR 2004-2005 THE PROPOSED GENERAL OPERATING MILLAGE RATE OF 8.7625 FOR THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 IS 15.87% HIGHER THAN ROLLED -BACK RATE OF 7.5624. SPECIFIC PURPOSE FOR WHICH AD VALOREM TAX REVENUES ARE BEING INCREASED. RESPONSE: TO ELIMINATE THE ANNUAL STRUCTURAL DEFICIT MATCHING RECURRING ANNUAL EXPENSES WITH RECURRING ANNUAL REVENUES. PURPOSE: TO FUND ANNUAL MUNICIPAL SERVICES INCLUDING BUT NOT LIMITED TO POLICE, FIRE, AND SOLID WASTE. COST $26,964,420 100% CITY COMMISSION LISTENS AND RESPONDS TO CITIZENS' COMMENTS REGARDING THE PROPOSED MILLAGE RATE. ACTIONS BY THE CITY COMMISSION: 1.AMEND THE TENTATIVE BUDGET, IF NECESSARY 2.RECOMPUTE THE PROPOSED MILLAGE RATE, IF NECESSARY 3.ADOPT THE TENTATIVE MILLAGE RATE 4.ADOPT THE TENTATIVE BUDGET OR THE AMENDED TENTATIVE BUDGET AS NECESSARY 04-00983-cover page.pdf DISCUSSED Direction to the City Attorney and City Manager to provide the Commission, at the Commission Meeting currently scheduled for September 23, 2004, with a thumbnail study on how the County's recalculation of the apportionment of the local option gas tax due to three new proposed municipalities would impact already existing municipalities when the local option gas tax is based on usage and usage is already accounted for in the unincorporated dollars. Note for the Record: Chairman Teele requested the Administration to ensure that the proposed General and Sanitation Employees (GESE) budget is scheduled for the September 23, 2004 Commission Meeting. Chairman Teele: Mr. Budget Director, 1 know there's -- and I want to express my appreciation for the budget briefings and et cetera. We're supposed to start on the budget in 30 minutes, I City of Miami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 guess. We can't start on any budget item before 5 o'clock. We're advertised for 5:05. I think there are a number of other issues. Commissioner Regalado: I do have an issue that -- Chairman Teele: I'm going to have to leave for a minute, but I will -- I want to make sure that I'm back. Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Yeah. Chairman Teele: All right. Under the law -- and I'm going to yield to the Vice Chair for the balance of the -- under the law, we're required -- Mr. Attorney, would you read the ordinance of the provision of the State law that requires exactly what we're doing first, and then -- Jorge L. Fernandez (City Attorney): For purposes of the budget? Chairman Teele: Yes. The legislature made it so we can't even screw it up. They gave you the exact language to read. Vice Chairman Sanchez: Foolproof. Mr. Fernandez: BH.1? Chairman Teele: Why don't we proceed with the Budget Director, but the law says that no item can be taken up before -- no formal item or action by the Commission can be taken up until something is done. I forget. What is it, the millage? Vice Chairman Sanchez: It's millage and the fees. Chairman Teele: The millage. Mr. Fernandez: Well, the -- yes. The administration needs to read into the record the script that they have prepared, which is found behind BH. I, and that is what sets the platform, or the setting, for the rest of the budget hearing. You need to look at your rollback rate. You need to look at increases, and there is a script that, in fact, if you follow, the Finance Director will get you there. Vice Chairman Sanchez: All right. That's BH.1. Mr. Fernandez: It starts there; BH.I. Vice Chairman Winton: PH.1 ? Is it PH (Public Hearing)? Vice Chairman Sanchez: All right. Mr. Chair. Chairman Teele: 1 yield. Vice Chairman Sanchez: OK. Mr. Director, you're ready? Mr. Spring: I need a few more minutes, sir. Vice Chairman Sanchez: A few more minutes to set up, OK. We'll go ahead and start with BH.1 after the presentation. Mr. Fernandez: This is in fact the first public hearing to discuss the proposed millage rate and City of Miami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 tentative budget for fiscal year 2004 - 2005. The proposed general operating millage rate of 8.7625 for the City of Miami for the fiscal year beginning October 1, 2004, and ending September 30, 2005, is 15.87 percent higher than rollback rate of 7.5624. Specific purpose for which this ad valorem tax revenues are being increased are laid out here for you, and that would be the subject of your inquiry into the administration's presentation, and then there is also opportunity for public input, as stated there, and then you take action, as suggested at the bottom of that first page. Vice Chairman Sanchez: All right. Larry, whenever you're ready. Mr. Spring: You want met to go ahead and do -- Vice Chairman Sanchez: And then we'!! open it up for the public. Mr. Spring: -- read the official statement? Vice Chairman Sanchez: 1 believe the official statement's been read. Mr. Spring: Larry Spring, Chief of -- Mr. Fernandez: Yes. Mr. Spring: -- Strategic Planning, Budgeting and Performance. The official statement -- the first public hearing to discuss the proposed millage rate and tentative budget for fiscal year 2004 - 2005. The proposed general operating millage rate of 8.7625 for the City of Miami for the fiscal year beginning October 1, 2004, and ending September 30, 2005, is 15.87 percent higher than the rollback rate of 7.5624. Specific purpose for which ad valorem tax revenues are being increased: To eliminate the annual structural deficit, matching recurring annual expenses to recurring annual revenues. The purpose: To fund annual municipal services, including but not limited to, Police, Fire and Solid Waste. The cost: Twenty-six million, nine hundred sixty four dollars, four hundred and -- nine -- excuse me -- $26, 964, 420. Commissioner Winton: What item is this? Mr. Spring: BH.1. Commissioner Winton: Why do I have something else (INAUDIBLE)? Mr. Spring: And BH.1, BH.2 and 3 kind of work together. Vice Chairman Sanchez: All right. The statement has been put on the record. At this time -- Commissioner Winton: Oh, "B ", not "P." No wonder I can't get it straight. Vice Chairman Sanchez: At this time, the comments regarding the proposal has been put on the record and 1 believe we open it to the public. Mr. Spring: I would give my presentation. Vice Chairman Sanchez: That's your presentation? Mr. Spring: No. I need to give -- Vice Chairman Sanchez: Yeah. City of Miami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Spring: OK Vice Chairman Sanchez: OK. Go ahead. Mr. Spring: I thank the Commission. I'm pleased to be here again before you presenting the fiscal 2005 budget. Before I do begin with my full presentation, I would like the Commission to note that this budget was not a difficult process. We did achieve a balanced budget. However, it took the work of every single director and any of their supervisors to help make this happen, so they all should be commended. That being said, we have achieved, once again, a balanced budget. For this fiscal year, the City administration implemented a budget development methodology best practice. This practice was identified in our business process review that we did in relation to preparing ourselves for the new ERP (Emergency Response Program) system. That new methodology required that we no longer look at individual line items when dealing with the budget -- with the department directors but, instead, provide them with a budget target, which they would take back and allocate within their departments to run their businesses. In addition to that, the department directors, through a lot of development over the last several months, utilized the strategic objectives to guide their resource allocations decisions. If you recall back in my budget workshop early -- late last month, we talked about the City's strategic planning methodology, Balance Scorecard, and how it would relate to the budget development process. That process -- that new process was utilized this year and seems to be working in the right direction. Again, that methodology changed. It's consistent with giving the responsibility of managing the funds to those who are responsible, being the directors, and prescribing the procedures that have been laid out in a lot of the City's financial ordinances. The total recommended appropriation for fiscal year 2005 is $446, 400, 000. This is a $29, 000, 000 increase, or a 6.5 percent increase, over the adopted 2004 budget. The increase is largely attributable to the significant growth in tax base that we've experienced as a result of all of the development that's occurring across the city. Conversely, the expenditures in the upcoming fiscal year have been greatly impacted by the increased cost of healthcare and pension obligation. The Commission should note -- Commissioner Winton: And what? Mr. Spring: Pension obligation. The Commission should note: In order to balance this budget, we are recommending the use of approximately $40, 000, 000 of the City's reserves. In addition, contributions to capital and strategic initiatives have been significantly reduced, and personnel decisions have been examined and identified for the most critical areas and strategic needs. Commissioner Gonzalez: Larry, excuse me. Mr. Spring: Yes, sir. Commissioner Gonzalez: How much money do we have in reserves right now? Mr. Spring: We started out this year with approximately 141,000,000. Commissioner Gonzalez: 140? Mr. Spring: 140, 000, 000. In the 2004 adopted budget, there is the use of approximately 29, 000, 000 of reserves. As we go through the rest of this fiscal year, we'll see how we come out. There should be some return of that money, but from our indications right now, it will not be at the level of 29, 000, 000. Commissioner Winton: I thought you said 40, 000, 000 from reserves. Mr. Spring: No. I'm talking about the current fiscal year that we're in. City of Miami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: Oh, OK. Well -- so do that math all over again. We have 140, 000, 000 when? Mr. Spring: At the beginning of the 2004 fiscal year, which -- we had a 140, 000, 000 -- or, 1 should say, 140, 000, 000 at the end of the 2003 fiscal year. As part of the 2004 budget adoption -- Commissioner Winton: You're going to use 29. Mr. Spring: -- we used 29, 000, 000. However -- Commissioner Winton: So that gets you to 110, 111. Mr. Spring: Right. Now as we go through the rest of this -- the remainder of this fiscal year, we approximate -- we will return some money back to reserve, probably in the area between 10 and $15, 000, 000, let's just say, so you add that back in and then we're using around 40, 000, 000 for the upcoming fiscal year '05 budget. Vice Chairman Sanchez: So what do you project the balance to be, about 80,000,000? Mr. Spring: Eighty million. Approximately 80, 000, 000 when it's -- once this is appropriated. Commissioner Winton.' Well, but a key thought here is that you're going to -- you know, in a two year period, you're going to use -- Mr. Spring: $60, 000, 000. Commissioner Winton: -- 50 to $60, 000, 000 -- Mr. Spring: In reserves, correct. Commissioner Winton: -- in reserves. We don't last long doing this. Mr. Spring: No, we don't, and as I get through the rest of my presentation, one of the -- Vice Chairman Sanchez: Hemorrhaging. Mr. Spring: -- indicators that I'll be outlining for you will show how we plan on addressing it. Commissioner Winton: Great. Thank you. Mr. Spring: All right. If we look at our revenue detail, which is the -- this spreadsheet you have before you, you'll see that approximately 70 percent of the City's revenues is generated from ten sources. My department, along with some of the other revenue generating groups, spent a lot of time analyzing and tracking those resources. They include utility service tax, solid waste fee, half -cent sales tax, parking surcharge, fire assessment and, of course, ad valorem taxes. I want to walk you through a few of the more significant revenues this year and some of the major effects that we've had, but 1 want -- I'd like for you to note: On the -- if you look at the bottom right-hand corner of the slide that's up, where it says "Total Recurring Revenues, " and you see the variance from 2004, you see we've increased approximately $18, 900, 000. That's a 4.89 percent increase over last year. That number will be key that you remember that when I get into the expense side. As stated earlier, the City's tax base has increased significantly since last fiscal year. The certified preliminary tax base figures indicate that the total tax base has grown slightly more than $3, 000, 000, 000, giving us a total taxable value of 22, 400, 000, 000; City of Miami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 574,800,000 of that increase is directly attributable to new construction, all of the cranes and buildings that you see going up. The remaining 2, 500, 000, 000 of tax base increase is associated with appreciation of existing property. Given that, I think that's a good sign that there is sustainable tax base growth there and it's not all aligned with the new construction and the new buildings, the new condo market. This tax base growth translates into ad valorem revenue of $179,000,000. That assumes the tax rate that I just read into the record of 8.67 -- 8.7625, which is the same millage rate as the prior fiscal year. I've already gone through the rollback rate but, for the record, I'll state it. It's 7.5624, which is a 15.87 increase over last year and translates into a gross revenue number of 26.9. Parking surcharge. This last year new legislation was passed over the parking surcharge. That new legislation reduced the fee by 25 percent. It also required that the City contribute 20 percent of the continuing revenue to downtown infrastructure improvements. The impact of the fee reduction is $3, 000, 000, approximately. We estimate that our revenue for this fiscal year will be around 9, 400, 000. In addition, the contribution we expect to make to capital in this proposed budget is $1,900,000. The overall impact to the general fund, however, is 5,000,000 -- if you -- adding the 3,000,000 reduction in fee and now the contribution that is required of the additional $2, 000, 000. Our revenues were also negatively impacted in the area of local option gas tax. Over the past year, we've had three new municipalities that have incorporated Those incorporations triggered a recalculation of the apportionment of local option gas tax by the County, which is actually legally required under Statute in our interlocal agreement. That reapportionment has resulted in the City having a reduced local option gas tax of -- by $1, 000, 000. This issue, as you can tell by the statutes and legislation surrounding it, is -- will have to be escalated, of course, to the state and the county level, and something that I'll be referring to the Manager's Office. Commissioner Winton: Well, can 1 ask you a question about that? I'm a little -- I don't understand the logic of that. Wouldn't the County have been getting this money before, so why are we getting penalized? Vice Chairman Sanchez: That's a good question. Chairman Teele: Have you heard of the -- Commissioner Winton: I don't get this deal. Chairman Teele: Have you heard of the People's Transportation Plan? Commissioner Winton: Huh? Chairman Teele: Have you heard of the People's Transportation Plan? Commissioner Winton: Yeah. Chairman Teele: You heard of the Florida Lottery? Commissioner Winton: Yeah. I'm still going. Yes. Chairman Teele: Well, that's what this is. Commissioner Winton: And another one -- Chairman Teele: In other words, if this was -- if the incorporated areas are coming from the Unincorporated area, then there should be no impact to the municipalities -- Commissioner Winton: Bingo. City of Miami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: -- because it's done -- Mr. Spring.' Yeah. Chairman Teele: -- by formula. Mr. Spring: Right. Commissioner Winton: Yeah. Chairman Teele: OK. Commissioner Winton: So how's this -- Chairman Teele: So -- because you've got trans -- you've got the People's Transportation money, so you put the right hand in -- Commissioner Winton: Well, who -- Chairman Teele: -- take your right hand out. Commissioner Winton: OK. Then I -- then the next -- Chairman Teele: Put your left hand -- Mr. Spring: Yeah. Chairman Teele: Yeah. Commissioner Winton: Then the question is, who is it -- is it a State formula that determines this or a County -- Mr. Spring: It's a State Statute but it's a County imposed tax. Commissioner Winton: So, who does -- Mr. Spring: So the County -- Commissioner Winton: Who does the math on it? Does the County do the math on it? Mr. Spring: The County does the reapportionment. Commissioner Winton: So -- look, look. Let's -- you know, I started to bring up a whole series of things that I wanted to bring some lawsuits forward to the County on because I'm getting sick and tired of this junk and -- Chairman Teele: You've been the big defender. Commissioner Winton: Huh? Chairman Teele: You've been the big defender. Commissioner Winton: No. You saw the other night, about a month ago, 1 was ready to pull all my guns out and this is -- I mean -- City of Miami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: That's not a good analogy. Vice Chairman Sanchez: That's not -- Commissioner Winton: I know. I just -- I know. I just thought -- Vice Chairman Sanchez: Yeah. That is definitely not a good analogy. Commissioner Winton: Yeah. That's a good point. Point well taken. Not a good analogy. Ready to bring all my horses to the table. But I think, you know, this is wrong. This is fundamentally wrong and I don't think that -- I don't think we should sit here today and accept that the County, in its incorporation movement, which we all are supportive of decides to take money from municipal government instead of reallocating their own thing. They're keeping their own share and sticking it to us, and that's fundamentally wrong, and if they continue -- I think -- I shouldn't get off on this, but I'm going to, and here's a comment I'm going to make, and I'm going to put it on the record. We all know that if you just think about the logic of Unincorporated Dade, Miami -Dade County providing municipal service to Unincorporated Dade and that millage rate is like 2.6 mills, our same service level to the citizens of the City of Miami is 8.76 mills. You know that there's no way in heck that that's fact. Now, Eugene Sterns sued the County where he was arguing that Unincorporated Dade is being taken advantage of because municipal government, in some way or another -- the local municipalities, money's being shifted from Unincorporated Dade to local municipalities. I think that it's just in reverse, and I will tell you that -- Commissioner Teele -- this issue of incorporation and this issue of existing municipalities being able to expand their boundaries, there's no way in the world that's going to happen until this absolute false imbalance is corrected where Unincorporated Dade County -- where municipal governments are supporting Unincorporated Dade County, and my sense is that until someone, like an existing municipality, files suit against the County and forces a real accountability of transfer of dollars in showing where real costs are, that this kind of thing will go on over and over and over again, and so -- and I'll just take one more minute here. I think, if we don't begin to take some real action to force an appropriate accounting of transfer of dollars, then every year there's going to be another one of these in there, and my guess is that if you could resolve this issue -- I'll bet you the real cost associated with supporting government in Unincorporated Dade for municipal government services is going to be in the four to five mil range. Can you imagine how much money then is left over for Miami -Dade County to provide regional services that come back to all of us, which is a role they're supposed to be playing? And until somebody's willing to stand up and get that math done correctly, we're all going to be taken advantage of and 1 don't know what to do, so my -- end -- Commissioner Regalado: Mr. Chairman. Commissioner Winton: -- of my point in frustration. Commissioner Regalado: Mr. Chairman, just a point. It happened and it will happen again because the County's Incorporation Committee has just given permission for another vote on the Fontainebleau municipality, which is an Unincorporated area, and also the Kendall Lakes, another Unincorporated area. What -- this is why this is going on. When there is a new city, the County forces the new city to hire the Metro and the Fire Department for at least a year until they get -- so in exchange of hiring that police that use to control that area, those municipalities get that local option -- additional money for that, and that is what happened in Palmetto Bay, and that is what happened in -- Commissioner Gonzalez: Doral. Commissioner Regalado: -- Doral, and it will happen in Fontainebleau, and we will get less money. The problem is -- City of Miami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: And it'll go down and down and down every year then. Commissioner Regalado: It will go down because, you know, they can make all -- they can say that the heaviest concentration of traffic is west, and that -- the transit that -- what we get here in the City of Miami is transient people -- Mr. Spring: Traffic. Commissioner Regalado: -- and we will get less money. I mean, we have -- we should file suit. 1 mean, it's that easy. We requested from the City Attorney, several months ago, to file suit on the water and sewer contract that was never honored by the County in terms of reducing the rates for the City of Miami residents. We didn't. We approved a sweet deal for the County regarding the tarmac and the 800 acres and all that, which is now immersed in controversy because of a lot of issues. We should have stopped that deal because we don't have ways to discuss anything with the County because we don't have leverage. 1 think that Commissioner Winton is right. We should file suit, and the City Attorney -- I mean, Mr. City Attorney, coming from the County, I mean, you should tell us if this is the right moment to file suit, if you see that this is going to at least get us into the debate of how they, you know, distribute that money. Do you think any court will accept that kind of suit and say, well, the County prevails whenever -- according to the home rule Charter, the County prevails. Mr. Fernandez: No, no, no, and correctly observed, Commissioner. 1 had the privilege ofjust coming off County government where, as County Attorney, 1 defended several lawsuits brought by cities alleging similar situations to what you're alleging, and I can tell you that counties take very seriously any challenge to their authority, and so, if for no other reason, simply to get their attention, get them to the table and, certainly, call for an accounting that would justOi how these fees or these dollars are being collected and sent back or not sent back. I think it would certainly be, strategically, the right decision for this Commission to make, and with regard to the water and sewer lawsuit that this Commission has asked us to look at, we're ready to file that. • We're just waiting on you to finally instruct us to so do it and we will proceed with that one. Commissioner Regalado: Hey, it's two for one is cheaper, man. You just have to go once. Mr. Fernandez: No. They have to be separate because we are addressing -- Commissioner Regalado: Yeah. I mean, but you go once and -- Mr. Fernandez: OK. Commissioner Winton: So I think there's four we could have. Commissioner Regalado: Well -- Commissioner Winton: I'll dig that up. Commissioner Regalado: -- you know -- Commissioner Winton: Because the real issue here is getting a real -- an accounting from the County. Force it -- no, no, not getting an accounting. I think that -- and this isn't directed, as my -- as our fellow Commissioners at the County understand, this isn't directed towards the County Commissioners. This is an administrative thing inside the County. They do all this manipulation of numbers, and I'm telling you, if you -- I'm convinced, if we put a team of -- I don't want to say accountants, but people who are really good at ident6ling the costs associated with providing service in -- or providing anything, you know, what's the real cost of doing City of Miami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 something. If you put a team of people inside the County, 1 would guarantee you you're going to find that the cost to provide services -- municipal level services to Unincorporated Dade County costs a hell of a lot more than the 2.6 mills that they charge, and so, where's it coming from? It's coming from the 5.6 mills that we give the County. They take our 5.6 mills and subsidize Unincorporated Dade, and then they do things like this; monkey with the gas tax money and monkey with other big streams of money and take it away from us, and that further goes to supporting Unincorporated Dade County, and it's fundamentally wrong, and 1 think if we put the right team of forensic accountants together, or people who are really good at identifying real costs -- you -- and it's very complicated to do that. That would not be simple by any stretch of imagination, but my guess is that we're going to find something that would completely blow the lid off the top of the way the County does its budget. Mr. Fernandez: Now, keep in mind that, of course, the moment that we do that -- and we're very ready and willing to do that -- there will be a countersuit, if you will, demanding and expecting of us to do a similar accounting with regard to all of the other regional services or countywide services for which -- Commissioner Winton: Hallelujah. Mr. Fernandez: -- residents -- Commissioner Winton: Hallelujah. Commissioner Regalado: That's good. That's good. Commissioner Winton: I'll take it. Mr. Fernandez: Yeah. Commissioner Regalado: That's good. Commissioner Winton: I'll take it. Mr. Fernandez: But -- and -- Commissioner Winton: Because the real facts are what need to come out and, by the way, if we turn out to be wrong, so be it. There ought to be an adjustment. Commissioner Regalado: No, we won't. Commissioner Winton: We won't. Commissioner Regalado: Remember, all the HUD (Department of Housing and Urban Development) buildings -- Commissioner Winton: Oh, yeah. Commissioner Regalado: -- in the City of Miami, 31 HUD buildings, all the County offices and County courts and County facilities in the City of Miami. No, we won't. We're going to come out -- Commissioner Winton: You're absolutely right. Commissioner Regalado: -- in the winning side. City of Miami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Fernandez: Yeah, and Mr. Chairman, my experience in this is that there is a great deal to be accomplished if this Commission can engage its sister cities of other large municipalities in the area to join in, because I'm sure the same concerns that you're having, these other larger municipalities that produce a lot of the revenue through all of their different contributors and -- Commissioner Winton: Yeah. Hialeah, Miami Beach and Coral Gables. Mr. Fernandez: Correct. And if this Commission instructs -- Commissioner Regalado: Not Hialeah. Raul Martinez -- Mr. Fernandez: -- the administration -- Commissioner Regalado: -- gets his share. Commissioner Winton: Go ahead. I'm sorry. Mr. Fernandez: You know, we will be willing and able to do it on our own, but I can tell you that the attention would really be called if there were other municipalities joining in, but you would need to instruct us to seek that. Vice Chairman Sanchez: Mr. Chairman. Commissioner Winton: So move. Chairman Teele: Mr. Chairman, to the point. 1 think it's important that the public understand that the discussion on the Local option gas tax means that streets and sidewalks that otherwise would be redone or paved in the City of Miami will not be done. This is a part of a 5-year, 10- year plan, and a $1, 000, 000 reduction is a substantial reduction given our overall streets and sidewalks program, and while we are taking money from the bond issue, the 255 bond issue, and while we do have earmarked money from the Citizens' Transportation Plan and other sources to try to do the big -- one of the biggest problems that we have in the City of Miami, from a neighborhood point of view, is the condition of our streets, sidewalks, swale areas and the areas where there is flooding, and so the issue is really not to be petty with the County, the issue is really to try to protect the citizens from having to increase their taxes to do the services that this $1, 000, 000 provides. The reason that I think it's important that we probably end this with at least a direction of the City Attorney or the City Manager, or both, to provide us with a thumbnail study for the next meeting in two weeks, is we really do need to try to understand the logic of why three new municipalities would impact the existing municipalities when the gas -- the local option gas tax is based upon usage, and that usage would have been accounted for in the Unincorporated dollars that are going -- that are already being distributed, so it should be revenue neutral -- Commissioner Winton: Bingo. Chairman Teele: -- to the cities, and especially to the City of Miami, but 1 think your comment about working with other cities and the City Attorney's comments are very important to look at how this has affected other areas, and to the point that the County Unincorporated rate is two point -- what's the right number? Mr. Spring: 2.85. Chairman Teele: -- is two point -- Mr. Spring: Oh, no. I'm sorry, sorry, sorry. I'm looking at what they're charging us. It's 5.969 City of Miami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 is what the County millage is imposed on the City. Chairman Teele: No, no. Commissioner Winton: We can't hear you. Chairman Teele: You're talking about the unin -- we're talking now about the Unincorporated millage rate, which is what Commissioner Winton -- Commissioner Winton: Unincorporated millage rate for municipal services. Chairman Teele: For municipal service, which is the point where Commissioner Winton put his finger -- Commissioner Winton: Put his two cents. Chairman Teele: -- on the problem, and the problem is, is that the countywide rate, which is five and some percent, is where the cities are basically -- Mr. Spring: Supporting. Chairman Teele: -- subsidizing the Unincorporated area, and what is the Unincorporated millage rate? Mr. Spring: I don't have that number, Mr. Chairman. I'm sorry. Chairman Teele: Well, the number that was thrown out is 2.9 -- Commissioner Winton: I put out 2-6. 1 thought it was 2-6, 2-7 -- Chairman Teele: 2-6, but let me just -- let me -- Commissioner Winton: -- 2-5. Chairman Teele: Linda, do you have that? Mr. Spring: I'll get it. Chairman Teele: But let me just caution you. You've got to add two and a half -- about 2.3 more mills to that to get apples to apples, because the fire services in the County -- Commissioner Regalado: 2.3. Chairman Teele: 2.3, that's what I said. The fire services in the County, which is a municipal function in comparison to us, is a separate rate, so the 2.6 would be 2.6 plus 2.3 -- Commissioner Winton: 3. Chairman Teele: -- or roughly -- Commissioner Winton: 5. Chairman Teele: -- 5 mills, so -- but still, at 5 mills, there's still about a 3 mill spread, and the point is -- that Commissioner Gonzalez and others have wrestled with this whole issue of unincorporating [sic] -- why would anybody want to incorporate and be annexed -- why would City of Miami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 anybody want to be annexed into the City of Miami if you can pay 5 mills to the County, and you're going to have to pay 8.6 mills -- Where are you now? Mr. Spring: 8.7. 8.76. Chairman Teele: -- 8.7 mills to be a part of the City? I mean, it's prestigious but -- Commissioner Winton: Not that prestigious. Chairman Teele: -- not that prestigious, so that's the issue, and I think Commissioner Winton is 100 percent right. 1 would hope, Mr. Attorney, that at the close of the discussion tonight, we would have a resolution that does what Commissioner Winton is suggesting and, at a minimum, we take the steps to -- Vice Chairman Sanchez: Start the process. Chairman Teele: -- start the process by bringing in litigation experts to give us a top line of where -- why these numbers are changing, why this -- because this $1, 000, 0000 simply means that we're going to have to raise it in the general from the taxpayers, or we're going to have to forego streets and sidewalks, and that's not acceptable in my district. 1 can tell you that. Commissioner Winton: And that's $1,000,000 in one year, so if you bonded out this revenue stream, that's $1,000,000 with three new municipalities, so that number, on an annual basis, is going up, but if you left it at a million and you bonded that out, you're going to bond out 12, 13, $14,000,000 with today's interest rates where they are, so that's significant. You can build a lot of sidewalks and things for this one-year $1,000,000 penalty that's going to grow as they add more municipal governments out there. Vice Chairman Sanchez: All right. Mr. Spring: Other notable revenues. The proposed budget assumes that the residential solid waste fee will remain static at $3 -- I mean, $325 per household. In fact, this Commission passed legislation to that fact earlier this year, so we remained at that rate for the next five years. The 325 rate is approximated to generate $20, 900, 000 in solid waste revenue this year. In addition to that, the residential fire fee will remain flat at $61 per single family unit. Vice Chairman Sanchez: Larry, let me stop you there for a minute. How much are we subsidizing solid waste? Mr. Spring: Bring me a budget book real quick. Because I'd have to -- I'd actually have to give you all of the revenues because there's private hauler -- Vice Chairman Sanchez: The cost -- what we generate, what's the balance that we subsidize for the cost of solid waste? Mr. Spring: About $1,000,000 -- Chairman Teele: How much? Mr. Spring: -- based on this fee. $1,000,000. Vice Chairman Sanchez: About 1, 000, 000? Mr. Spring: Or, actually, 200,000 because that was -- City of Miami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: No. It's more than that. Vice Chairman Sanchez: No. It's more than that. Mr. Spring: -- 21 point -- what's your budget? Vice Chairman Sanchez: It can't be $1, 000, 000. Mr. Spring: No. His budget was -- his operating budget was 21.1 -- 21.7. Chairman Teele: That includes tipping fees? Mr. Spring: Yes, and that's at ten million something. Commissioner Winton: So what's that per household? Mr. Spring: That's per household. Vice Chairman Sanchez: No. Three -- Mr. Spring: Now, in addition to that, you also have the -- Commissioner Winton: No. You gave me a gross number. Vice Chairman Sanchez: No. Mr. Spring: What do you mean? Commissioner Winton: You said the total -- his budget's 21, 700, 000 and this 325 per household adds up to 20, 900, 000. Mr. Spring: Correct. Commissioner Winton: So there's an $800, 000 differential. What's the $800, 000 per household? What's 800,000 on a per household basis? Mr. Spring: No, no, no, no. You're comparing two different things. This is the revenue that's generated by the solid waste fee. The Solid Waste operating budget is $21, 700, 000 for this fiscal -- upcoming fiscal year. Commissioner Winton: So what am 1 missing? (INAUDIBLE) $800,000. Chairman Teele: Commercial, construction. Mr. Spring: There's commercial hauler revenue. Commissioner Winton: Oh. Oh, OK Mr. Spring: There's private hauler revenue, as well, so -- but in addition to his operation budget, he also has capital expenditures in the way all of the three -- one-armed bandit trucks, gas, all of those indirect costs that are in GSA (General Services Administration). Vice Chairman Sanchez: But answer my question: How much are we subsidizing Solid Waste? How much do we subsidize? Mr. Spring: Based on this fee and what his budget is, around $300, 000; it's not significant. City of Miami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: I hate to say this. Vice Chairman Sanchez: That can't be right. Commissioner Winton: Yeah, it's not. Chairman Teele: Mr. Chairman, 1 hate -- Vice Chairman Sanchez: That cannot be right. Chairman Teele: -- to say that that number -- Vice Chairman Sanchez: That number's not right. Linda Haskins (Deputy City Manager/Chief Financial Officer): Can I say something? 1 think that when you look just at the budget of Solid Waste, it's one thing. If you fully allocate -- Mr. Spring: Correct. Ms. Haskins: -- things like health insurance, pension costs, all of that sort of thing -- Mr. Spring: It goes up. Ms. Haskins: -- the entire Solid Waste budget, fully allocated with capital expenditures, with GSA services, is somewhere in excess of $30, 000, 000, so the Solid Waste is subsidized net with all fees in it, whether it's -- when you add together the residential solid waste fee plus the private haulers fees, we still do not cover all of the costs of Solid Waste -- Mr. Spring: Of Solid Waste. Ms. Haskins: -- with our fees. Mr. Spring: And I can bring that number back to the Commission. Vice Chairman Sanchez: 1 would like to know that number. Commissioner Winton: And, by the way, you could make an argument that you shouldn't include the revenue from the commercial haulers into the -- because it doesn't have anything to do with -- that's just a revenue stream. That does have anything -- there's no cost associated with that. Mr. Spring: Yeah, exactly. Commissioner Winton: So you could make that argument that that's -- you know, that's just more subsidy into the -- now, we've all agreed to that, and that's what -- that's part of our commitment to the taxpayers, but knowing what that is is important. Mr. Spring: And we'll provide you with that number. Commissioner Winton: I mean, we have the Cadillac of Cadillac of Cadillacs of trash and garbage and debris pickup. I mean, it's incredible, and I think that it's one of the things -- one of the flags we ought to be waving more and more out there because we do -- our people do one heck of a job, and these neighborhoods get great service in that regard, but anyhow -- City of Miami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Haskins: Our service is real similar to Coral Gables service. It's the two days a week garbage, one week -- one day a week trash, and the Coral Gables residential fees were increased to an excess of $500 -- Commissioner Winton: Yeah. Ms. Haskins: -- for 2005. Commissioner Winton: Well, if you think about it, you've got three pickups. On Friday, you've got the bulk stuff, you've got the trash container, and you've got the recycling, so in one day -- Vice Chairman Sanchez: Four pickups. Commissioner Winton: -- you've got -- Vice Chairman Sanchez: Two waste -- two trash, one waste -- Commissioner Winton: Yeah, in a week. Vice Chairman Sanchez: -- and one recycle. Commissioner Winton: Right, in a week. Mr. Spring: (INAUDIBLE). Commissioner Winton: So pretty good service. I mean -- moving right along. Commissioner Regalado: Can I -- Madam Manager, the backlog that we have in the trash pickup in the areas, are we going to complete the areas like, for instance, today was supposed to be Shenandoah's; tomorrow, Silver Bluff, north of Coral Way --1 mean, south of Coral Way. West Little Havana wasn't pick up on Wednesday, nor today, so where are we in the pickup? Because if we do get winds, which, hopefully, we probably won't, but if we do get winds, we're talking a lot of debris in the streets of the city. Mario Soldevilla (Acting Director, Solid Waste): Commissioner, we are going to complete it. We've been working. We are -- we continue to work. We are in that area right now, in the Flagami area. We are -- what happened is that because of the number of pickups that we've had to do was double almost the number of trips. Commissioner Regalado: I understand that. My question is, are we going to continue on Saturday and Sunday -- Mr. Soldevilla: Yeah. Commissioner Regalado: -- if necessary? Mr. Soldevilla: Yes, sir, we are. Commissioner Regalado: OK. Commissioner Winton: All right. Vice Chairman Sanchez: All right. Any other questions? If not, continue. Commissioner Regalado: Fire fee. I have a question about fire fee. The fire fee was supposed City of Miami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 to be for five years. Mr. Spring: That is my understanding. Yes. Commissioner Regalado: Huh? Mr. Spring: That is my understanding. Yeah. Commissioner Regalado: No, no, it's not an understanding. I voted for it, and that's the first and the last time 1 voted for the fire fee. That was because of then -Governor Lawton Chiles and Buddy McKay calling and we need to save the City and all that, and that's why we raised the garbage fee, but -- Commissioner Winton: No, the fire fee. I'm -- the fire fee. Commissioner Regalado: 1 mean, I would -- I understand that I will never have any support to get rid of the fire fee like that, but 1 think that this Commission should consider some kind of reform of this system because maybe for a person in Coconut Grove it's not that hard to pay $61 a year for fire and rescue service -- or fire service. I shouldn't say rescue because it's a liability, legal liability, but for a person in West Little Havana struggling to keep their home, or in Flagami, with a Social Security check, $61 is a lot of money and, I mean, it has to -- I mean, we do this with the apartments, right, Larry? How many feet -- Mr. Spring: The -- on the multifamily, commercial, industrial and institutional, there are per square footage -- Commissioner Regalado: Right. Mr. Spring: -- rates that are in line with this fee. Commissioner Regalado: And, you know, it's -- I mean, if Sylvester Stallone would still be living in Brickell, he will be paying -- Mr. Spring: $61. Commissioner Regalado: -- $61, the same that, you know, person in Model City or a person in Flagami; it's not fair. It's not right. Commissioner Winton: Well, I don't know that -- you know, you might have some battles going on here if you're talking about reworking the formula. You know, if you -- one thing to get rid of the fire fee, which I'd vote for in a minute, if you could find an alternate source of revenue, but -- Commissioner Regalado: No, I cannot. Commissioner Winton: -- 1'm not going to get into this battle over -- Commissioner Regalado: 1 cannot, but 1-- Commissioner Winton: -- reworking the formula again. Commissioner Regalado: -- think that it's important to understand that this is not fair. This is not fair. I will not vote for it today, nor I have vote in the last years, but that's OK I mean, because I understand that we have the votes always for the fire fee, but something has to be done, Larry, and you always have the edge of thinking ahead, and I am telling you that it's not a fair way of collecting fire fee. City of Miami Page 150 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Spring: OK. I guess 171 continue. I don't want to beat a dead horse, but the fire fee will be generating $14, 000, 000 this fiscal year. Commissioner Regalado: Yeah. Well -- Mr. Spring: 9,800,000 -- Vice Chairman Sanchez: Larry, let me stop you there. Mr. Spring: Yes. Vice Chairman Sanchez: So what do we do if we reduce the fire fee? What -- do we steal from Peter to give to Paul? Mr. Spring: Even more so, yes, sir. Vice Chairman Sanchez: You know -- Mr. Spring: We would have to replace that -- Vice Chairman Sanchez: -- it's $14, 000, 000. Mr. Spring: -- we would have to replace that revenue and, if you look at the graphic there, 4.2 is going directly into capital -related expenditures in the Fire Department. That -- Vice Chairman Sanchez: Well, break that down so people understand. I think a very important factor is information. I think when people hear the information -- because, you know, 1 would love to do away with the fire fee, but then with fiscal responsibility, I have to look up -- where am I going to come up with $14, 000, 000? Mr. Spring: Correct. Vice Chairman Sanchez: So, you know -- and I'm certainly -- I've always made this statement. I'm certainly not going to steal to Peter to give to Paul. I'm not going to dig into taxpayers right pocket and then take it out and reach into his left pocket, you know, and fine. Sylvester Stallone living -- if Sylvester Stallone would have been living there, he still would have been paying high taxes, so -- Commissioner Regalado: But this is not about -- Vice Chairman Sanchez: -- $61 to him is nothing. I agree -- Commissioner Regalado: No. Vice Chairman Sanchez. -- with you but, you know -- Commissioner Regalado: But, Joe, this is not -- Vice Chairman Sanchez: -- he would be two -hundred and fifty some thousand dollars in taxes. Commissioner Regalado: No, no, no, no. This is not about fiscal responsibility. 1 am not talking about doing away with the fire fee, which will be a dream because we don't have the resource to substitute. I am talking about restructuring because a person with a house with two bedrooms and a one bath and built in the year 1947 should not be paying the same that Sylvester City of Miami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Stallone would have been paying if he still lives in Brickell in Miami Avenue. It's not -- it doesn't make sense, so he should be pay -- (APPLAUSE) Commissioner Regalado: No, no, but 1 mean -- you know, I mean, 1 can pay $61, but there are people that can't, and if we can do the math of having, you know, square footage scenario, then a mansion will pay 90 and a small house will pay 20, and that will be fair. Vice Chairman Sanchez: And -- Commissioner Winton: Says who? Vice Chairman Sanchez: Wait a minute. Let's -- this is a -- Commissioner Regalado: No. It's not fair to pay at all, but -- Vice Chairman Sanchez: As the Chair, this has been a heated debate every time we have it. The Commissioner realizes that he doesn't have the votes, OK, but let's be -- I mean, we don't want people seeing us on Net-9 saying that we haven't done anything to reduce taxes. 1 mean, we've lowered the millage. We've capped the garbage fee at 325 for five years. We have reduced one of the biggest generator for us, which is the parking surcharge, by 20 percent. Maybe we need to look at ways, maybe next year or the following year, exploring ways to reduce the fire fee, but I -- you know, we have to be fiscal responsible because, you know, it would be nice for everybody to get up here and go, oh, we're going to cut -- Commissioner Regalado: But, Joe -- Vice Chairman Sanchez: -- the garbage. We're going to reduce this -- Commissioner Regalado: Excuse me. Vice Chairman Sanchez: -- we're going to -- but we can't do it. Commissioner Regalado: Mr. Chairman, I am not talking about fiscal responsibility. I am talking of being fair. I am not talking --1 hope we can reduce the fire fee. I hope we can do away with the fire fee, but I'm not talking about fiscal -- I'm talking about the same amount of money, just -- Mr. Spring: Reappropriate. Commissioner Regalado: -- the rich paying more than the poor, that's all. Now the poor and the rich pay the same. It doesn't make sense. Commissioner Winton: Does it cost more to provide fire services to rich than it does poor? Commissioner Regalado: 1 don't care. Commissioner Winton: Well, that doesn't -- Commissioner Regalado: That's not the point. Commissioner Winton: -- that's -- Commissioner Regalado.' That's not the point -- City of Miami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: -- it sounds like the point to me. Commissioner Regalado: -- because then, you know what? Excuse me. Then you know what? We will be saying we don't need to give one penny to Jackson Memorial Hospital, and every time that I buy a pen, I give half a pen -- half a cent. Commissioner Winton: Everybody does. Commissioner Regalado: Everybody does, so -- Commissioner Winton: They don't -- not one group gives -- Commissioner Regalado: -- it's not about -- Commissioner Winton: -- a quarter of a penny -- Vice Chairman Sanchez: Listen -- Commissioner Winton: -- and another group, a half a penny. Commissioner Regalado: -- so it's not about poor and rich. What I'm saying -- Vice Chairman Sanchez: Commissioner. Commissioner Regalado: -- is that it should be some kind of a structure where people with smaller houses should pay a small amount of fire fee than the people with big houses. It -- I mean, it happens everywhere. It's like taxes, so to me, it's not about fiscal responsibility. Vice Chairman Sanchez: Commissioner. Commissioner Regalado: I'm not talking about one thing more. Vice Chairman Sanchez: With all due respect, you've made your point. 1 mean, let's -- Commissioner Regalado: Joe, the main reason that we are City Commissioners is to discuss the budget. Now, if you are going to let me speak -- Vice Chairman Sanchez: No. You could -- Commissioner Regalado: -- you just tell me -- Vice Chairman Sanchez: No. You could speak here until -- Commissioner Regalado: -- and I'!l just stand back and don't make any comment -- Vice Chairman Sanchez: Well -- Commissioner Regalado: -- so I wouldn't want to do that. Vice Chairman Sanchez: Sir, with all due respect, under the City Charter, if you want to discuss an item, there has to be a maker of the motion and a second opening it for discussion. You can't just come up here and discuss an item because then -- Commissioner Regalado: We!! -- City of Miami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: -- we might as well just throw the rules -- Commissioner Regalado: -- to my knowledge, we were talking -- asking questions to Larry. 1 didn't start asking questions. Vice Chairman Sanchez: Mr. Chairman, you're recognized. Every year we get in this debate. Chairman Teele: Thank -- sir? Vice Chairman Sanchez: Every year we get in this debate. Chairman Teele: Yeah. Thank you very much. Mr. Chairman, let me --1-- first, the only action or the only motion that could be taken first is a motion on the millage. We're in the informational discussion now, but 1 do think it's important to put in a different context what my colleague has been very consistent in saying and that is the fact that we have broken faith with the voters and the public on the fire fee, and it was a temporary fee. It was going to be strictly for five years and, more importantly, it was going to be only for capital. It was only going to be for capital, and that was what it was for the first year, and then the second year, we got into the operating and, you know, it's sort of like the -- what I call the CD (Community Development) formula. Once you start feeding people -- with the elderly feeding, you can't stop. That's the end of that. That money goes that way. I think we have reached a point where we've got to figure out a way to repeal the fire fee, and we need to begin to put this in motion right here, right now. It can't be done this year because we've already established the millage, and one of the reasons that I pushed hard to put a millage cap in and not just leave it open -- you know, a lot of people like to leave it at 10 -- is because once you get into the heat of these discussions, you do tend to do things that could have an unintended consequence, but 1 think; Mr. Attorney -- Mr. City Attorney, primarily to you, for the purpose of making sure that the record is straight, Commissioner Winton's point is 100 percent correct, and that is a fee is not a tax. Taxes must be relatively equal. The fee must have some resemblance to the cost of the service that is provided, and the absolute -- you know, what's so crazy, we're arguing amongst ourselves about this thing. The study that was done shows that the incident of fire costs are much greater with poorer households than richer households. It also shows that the greatest demand for fire service is in the so-called institutional area, where we have exempted them from taxes and, specifically, public housing, which again goes back to this County issue, Mr. Attorney. The County public housing stock, which draws disproportionately on our emergency services from the Fire Department, pays zero, so if you want to talk about the inequality, the inequality is really not between the Stallone house and, you know -- Commissioner Winton: Little Havana apartment. Chairman Teele: -- the Little Havana apartment, assuming it's not a multifamily apartment, but a duplex, the real inequity is the fact that the City has once again let the County off the hook, and what's so sick about this is that the County doesn't have to pay it. The County would put it in its charges to the federal government as a part of their block grant, just like they do for the electric bills or for the gas bills or for the solid waste bills, so it doesn't come out of County taxpayer dollar; it comes from the federal allocation of funds, and so the only thing that I want to be very careful about is that we don't lay a predicate in our debate for saying that there should be a lawsuit by somebody that's got a smaller house against somebody who's got a bigger house because that's not the test. The test is the relative cost of providing the service, and the studies that were done by the original -- what was the firm that did the studies, that firm out of Tallahassee? Unidentified Speaker: Neighbors Gibbler (phonetic). City of Miami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: Neighbors Gibbler showed that the poor households generate particularly more emergency services, you know, the call for the emergency transportation to Jackson Hospital or whatever, which is the way our system is set up, so 1 don't want the record to reflect that we have an unfair or inequitable balance. It's sort of like a part of the way you apply these costs based upon the burden that is placed by that group or that class of people, and this has been tested, I guess, any number of times, but I am in support of Commissioner Regalado, who has consistently raised this ever since it's been raised, and 1 think there is a tremendous amount of face saving that we need to do because we did say this was a temporary 5-year measure, and it has become something that now the people look at every year and it just keeps coming and coming and coming, and so, if there's some way we can begin to reduce it -- Commissioner Winton: Next year, we were. I bet we will. Chairman Teele: -- the next year, or if we can reduce it this year. I mean, I don't see where we can do it -- Commissioner Winton: Me neither. Chairman Teele: -- but, 1 mean, I would be willing to ask -- Commissioner Winton: Not when you're taking 40, 000, 000 -- Chairman Teele: -- the Budget Director if there -- because the real issue is not the single family. The real issue is in the commercial, where it's on a per square foot basis. Do we have that number? Commissioner Winton: Talk about unfair. Mr. Spring: Maurice Kemp. Chairman Teele: You've indicated that the single-family household at 61 generates what, about 14, 000, 000 a year; is that correct? Mr. Spring: Actually -- Maurice Kemp (Deputy Fire Chief): No. That's the total. Mr. Spring: -- the entire -- Commissioner Winton: Oh. Mr. Spring.' -- the entire fee. Mr. Kemp: The total net is 14, 000, 000. Chairman Teele: But what does the single family generate, and what does the commercial? I don't think the households are complaining. Mr. Kemp: How much is generated by single family? The single-family residential generate 5, 300, 000. Chairman Teele: And the commercial that's done on a -- their formula is based on a per square foot basis. Mr. Kemp: Yes, sir, and it's a sliding scale -- City of Miami Page 155 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: What's the cap? Mr. Kemp: -- and it generates 5, 700, 000. Chairman Teele: 5, 700, 000. Commissioner Winton: And the number of fire calls to those facilities? Mr. Kemp: Um-hmm. Pardon me? Commissioner Winton: Because fire versus rescue. Mr. Spring: Actually, can 1 make a point? The fee is not charged for EMS (Emergency Medical Service) service. Commissioner Winton: 1 know. That's my point. Mr. Spring: Yeah. It does not charge for EMS service. Commissioner Winton: And the fire services that are going to commercial buildings, the reason they go is for EMS services. They're not going because there's fires. Mr. Kemp: That's not -- that's -- Commissioner Winton.: There's not a lot of fires in these commercial buildings. Mr. Kemp: That's not totally correct, sir. This apportionment study only considers fire calls. Rescue calls are not considered in the apportionment study any longer. Commissioner Winton: I read your apportionment study and I had this big fight with you guys back when you were sticking that tax to us back long before 1 got here. I read those studies. 1 tried to get the backup data from you guys and you wouldn't deliver it to us, so don't give me that crap. Mr. Kemp: When the fire fee was initially imposed -- Commissioner Winton: Don't get me going there. Mr. Kemp: OK. I'd rather not get you going. Commissioner Winton: You wouldn't deliver to us, the public, the backup data that supported these stupid formulas, so don't get me started. Chairman Teele: But can we agree that the formula generates how much money now? Mr. Kemp: A total net of 14,100, 000. Chairman Teele: No, no, no. The formula, as it relates to -- not including single-family households, but for the multifamily. Vice Chairman Sanchez: It's about even. Mr. Kemp: Multifamily is 3,400,000 of the 14, and commercial is 5.7. City of Miami Page 156 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: How about 2.7? Vice Chairman Sanchez: 5.7. Mr. Kemp: 5.7. Commissioner Gonzalez: OK. Vice Chairman Sanchez: All right. Chairman Teele: Well, I think, if we're going to give relief we have to be very careful because it has to be based upon some type of rational basis. Commissioner Winton: Yeah. Chairman Teele: It can't be based upon just rough justice. Mr. Kemp: I would defer to the City Attorney, but you're right, Commissioner. The methodology has to be fair and reasonable, and it has to withstand that test, and it's -- Commissioner Winton: Or it gets thrown out. Mr. Kemp: -- based on calls for service. Commissioner Winton: Yeah. Mr. Kemp: The apportionment study is triggered by calls for service by category of property. Vice Chairman Sanchez: And maybe now is the time to start setting up that methodology for next year to reduce it. I mean, we were able -- we've been able to cap the solid waste. We've been able to reduce the parking surcharge. Maybe next year that will be the priority of this Commission, to try to reduce the fire fee in a fair manner. Commissioner Winton: And, by the way, I would suggest -- even though I think the methodology -- I would suggest that because they wouldn't hand out the data to those of us in the public that supported the methodology, I wouldn't even touch that. I would just say use the same methodology that you used before -- would accept that, and then you -- so that you don't have to change the methodology. You take 5,000,000 out of the 14, 000, 000 and use the same formulas that they used before, and it's going to -- and that's withstood the test of time. Nobody's sued Nobody's overturned it, and that would work, right? Vice Chairman Sanchez: All right. Commissioner Winton: OK. Moving on. Vice Chairman Sanchez: And, I mean, any questions from the Commission? If not, all right. Go ahead. Commissioner Winton: Next. Mr. Spring: Recurring revenues. Our recurring revenues have grown 29, 500, 000 over the 2004 adopted, which is approximately 7.83 percent growth from last year. Again, I ask that the Commissioners keep that number in mind because then I'!l have a little discussion item on that towards the end of my presentation. Quickly, we go through the categories for the '05 budget. City of Miami Page 157 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: I have recurring expenses in front of me, so what did you -- you just said recurring revenues went up by what? Mr. Spring: Recurring revenues went up by 4.89 -- Commissioner Winton: OK. Got it. Mr. Spring: -- and then this went up by 7.83 percent, and I71 have a discussion about that a little bit later. Quickly, we go through the categories: Personnel for the '05 is 310,000,000; operating, 55, 000, 000; utilities, 8.6; insurance, 10, 000, 000; reserves, 5, 000, 000; non -operating, 11.7 and, as clarification, because you guys always ask me, non -operating is transfer to special revenue and aid to private agencies. That's in the budget and, finally, capital is self-explanatory at $3, 600, 000. Commissioner Regalado: Why the jump in $23, 000, 000 in personnel expenses? Mr. Spring: Actually, first -- Commissioner Regalado: No. The one that you were -- Mr. Spring: Yeah, I know. I was going to explain it. It's in my salary assumptions. If you -- Commissioner Regalado: So five percent for all permanent positions -- Mr. Spring: Oh, it's more than just that. You have the increase related to the five percent step that are included in my budget assumption, which is consistent with our current contract. You also have -- and that number turns out to be about $2, 300, 000. You also have the increase -- I mean, excuse me, the conversion of 27 positions that were moved from temporary to permanent. That's the incremental cost increase. There's about $200, 000. Commissioner Regalado: 200,000? Mr. Spring: 200, 000. Commissioner Regalado: Just -- Mr. Spring: Yes. Very -- Commissioner Regalado: -- repeat that figure. 200, 000, so -- Mr. Spring: The incremental -- Commissioner Regalado: -- people that were working part-time for 27 years and 15 years became permanent just recently and this is costing 200, 000. Mr. Spring: Additional. Commissioner Regalado: Additional. Mr. Spring: Additional. Commissioner Regalado: Of course. Mr. Spring: Also within this budget, you have 84 new positions -- City of Miami Page 158 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: Bingo. Those are the -- Commissioner Winton: That's where all the money is. Commissioner Regalado: -- one. 84 new positions. Mr. Spring: 84 new positions. Now, within that 84, please keep in mind the fact -- or the information I provided you earlier in the presentation, which was we provided each director with a target budget, and they guided their resource allocations decisions based on our strategic objectives. Most of these positions that are being added are relative to strategic initiatives that are going on. Case in point, the Commission identified Parks as one of its priorities for the year. In addition to the 25 temp. to perm. conversions they have, they also added another 15 positions to their department in order to deliver service to the citizens. In addition to that, you have -- Commissioner Regalado: But that's -- Larry, that's $200, 000 converting part-time and most of them works in the parks. Mr. Spring: Right. Actually -- Commissioner Regalado: And 15 new positions in the parks. We all agreed with that. Mr. Spring: Correct. Commissioner Regalado: Are they $100,000 level or -- Mr. Spring: Actually, the total group of them add up to about $700, 000 in salary. Commissioner Regalado: So, 15 positions, $700, 000. Mr. Spring: Yeah. The average is around $40, 000 a year. Commissioner Regalado: We're still missing about $15,000,000, or more. Mr. Spring: I'll continue going. As far as the new positions are concerned, you also have -- in Information Technology, you know, we have the ERP initiative going on. That is requiring us to bring in additional people for implementation. They have budgeted approximately 12 new positions at 643, 000. Police also a priority for this Commission, in light of the fact that they have a large number of vacancies. We're looking at 24 new positions being budgeted at approximately 990,000 and, finally, GSA -- Commissioner Regalado: Yeah, but police are retiring; 60, 80 police officers are retiring. Mr. Spring: No. Actually, their attrition rate is about three per month. Commissioner Regalado: Huh? Mr. Spring: Their attrition rate is about three per month, average. Commissioner Regalado: Three per month? Mr. Spring: Three per month. Commissioner Regalado: Thirty-six a year. Mr. Spring: Thirty-six, but I think, in light of the fact that you have a large number who are City of Miami Page 159 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 eligible, due to the fact that we hired a great number of police officers in the mid-'80s, you have more that are eligible for retirement, and I'll talk about that also later in the presentation. Commissioner Winton: I guess I'm struggling with this because 1 don't -- we're adding 24, did you say, new police officers? Mr. Spring: No, no, no. 24 positions in the -- Commissioner Winton: Adding 24 positions. Mr. Spring: -- in the Police Department. You have civilian and police officers included in that amount. Commissioner Winton: They've already got this big pool of personnel that's locked in, kind of approved. There's been significant turnover, so a lot of those positions are vacant -- Mr. Spring: On the sworn. Commissioner Winton: So what you're saying is that they fill all the -- in theory, all those get filled and on top of filling all the vacant positions, we're going to add 24 brand new positions to the City of Miami Police force. Mr. Spring: Not to the force. To the -- the sworn, I think, is increasing by seven. Those seven were -- Commissioner Winton: To the Police Department. Mr. Spring: To the Police -- the Police Department in total is 24; 7 of the 24 -- Commissioner Winton: I don't care -- that isn't -- Mr. Spring: OK. Commissioner Winton: -- the question Pm asking. Mr. Spring: OK. Commissioner Winton: Start over. Police Department. Mr. Spring: Police Department. Commissioner Winton: They have 1,000 positions already approved. Mr. Spring: Total around 1,400. Commissioner Winton: Two hundred of those are --1 don't care about the number. Mr. Spring: OK. Commissioner Winton: Let's say there's 1,000; 200 of them are vacant right now -- Mr. Spring: It's not that much. Commissioner Winton: -- but you've still got -- Mr. Spring: Right. City of Miami Page 160 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: -- you've still got approval in your budget for 1,000 positions; you've got 200 vacancies. In theory, you fill those 200 and we're going to add 24 more positions to that 1, 000 to have 1,024 total positions (UNINTELLIGIBLE) Police Department approved. Mr. Spring: In theory, yes. Now, the breakdown of the 24 that are being added: You have seven police sworn personnel that are coming off of a grant that the City now has to -- they now fold into the City's general fund The remaining 17 are civilian related positions to deal with issues of property unit -- actually, I don't even have the full detailed list here, but some of the other administrative needs that the Police Department has in the way of report writing and supporting the sworn personnel. What else do you have? You also have the increase relative to the pension payment. In total, the pension payment is -- Commissioner Winton: What? Mr. Spring: The increase related to the pension payment is also included in that -- a portion of it, I should say, is included in the recurring expenditure number. Commissioner Winton: How much? Mr. Spring: From year to year, we're talking about -- I think it was like $10, 000, 000. Commissioner Winton: 10, 000, 000 of the 23? Mr. Spring: Yes. Commissioner Winton: Oh, no. I'm sorry. Yeah. Yeah, 10 of the 23. Mr. Spring: And then, finally, is the -- Commissioner Winton: Explain that to me. Personnel here, 204 [sic] budget, 287,000; new budget, 310. That's a $23, 000, 000 increase in total personnel costs. Mr. Spring: Correct. Total recurring personnel cost. There is a nonrecurring portion of personnel costs -- Commissioner Winton: Yeah, yeah, yeah. I'm sorry. OK. Right. Totally agree. And so you're saying of the 23, 000, 000 here, the variance from '04 to '05, that $10, 000, 000 of that recurring is going to be tied to -- Mr. Spring: Pension increase. Commissioner Winton: -- pension increase. Mr. Spring: Right. Commissioner Winton: And so, explain what that means. Does that mean that we're going to change our annual allocation in some fashion or another? Mr. Spring: What it means -- Commissioner Winton: But you're assuming that this $10, 000, 000 is going to be every year from now on, if it's recurring? Mr. Spring: Actually, what we did -- there was a change in how we calculated our -- the City of Miami Page 161 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 recurring portion of the pension payment from last year to this year. Last year, we did an averaging over the last 12 years that turned out to be around $20, 000, 000. This year we actually took data from the actuarial study that showed -- we applied the average -- or the normal age entry to our salary numbers for our entire pool of employees who are in the pension plan. That number generated a average recurring figure of $30, 000, 000 -- 31, $32, 000, 000, so what we -- we took the entire $69, 000, 000 pension payment, backed out that recurring piece that we calculated based on those figures and came up with a recurring piece, which was the $30, 000, 000, and then the remainder is the nonrecurring that we're recommending be paid from the reserve, or a portion of it be paid from the reserve. Commissioner Winton: What did we pay three years ago, as an example, or four years ago, or five years ago in that -- when we didn't have the big hits? Mr. Spring: Actually -- Commissioner Winton: If you recall. Mr. Spring: -- our pension payment about the last couple of years has been -- hold on one second. Commissioner Winton: Well, let me rephrase the question. What I'm trying to understand is that, in doing this, are we -- is this going to level out our pension payments so we don't have this -- Mr. Spring: Actually, that is something that I -- Commissioner Winton: -- these peaks and valleys? Mr. Spring: -- that is something that'll be, I guess, discussed in the labor negotiations, so I can't really -- Commissioner Winton.: Oh, that's a labor related issue? Mr. Spring: -- discuss the issue. Commissioner Winton: Well, then I'm struggling to understand how you're calling this a recurring expense, and help me. I don't get it then. You're putting $10, 000, 000 more in here and you're calling it recurring. Mr. Spring: Yes, I am. We prepared -- we changed how we calculated our recurring -- the recurring portion of our pension payment. Every year, we should have a recurring portion of our pension payment, in theory. Commissioner Winton: Yeah. Mr. Spring: In theory. Commissioner Winton: Absolutely. Mr. Spring: Last year, when we calculated what that recurring portion was, we used a 12 year average. This year, we actually took actuarial figures and calculated the average -- the entry age normal cost for -- I know it's a very difficult concept -- Commissioner Winton: I don't know what that means. City of Miami Page 162 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Spring: -- but the entry age normal cost to figure out what should our normal pension amount be, regardless of market fluctuations. Commissioner Winton: OK. Mr. Spring: OK. When you compare those two numbers from '04 to '05, there is approximately a $10, 000, 000 difference between those two figures being that now -- because of the change in how we calculate it. Going forward -- as we move forward -- and 1 have the -- I can actually send you the spreadsheet. It's on my computer here. The average entry age normal will remain at around that thirty something million dollar figure for the next five years, based on the numbers that we looked at, so next year, you're not going to see another $10, 000, 000 increase in the recurring portion of the pension payment. It'll just be that 30 -- a relativelyflat lat number. Commissioner Winton: OK. Mr. Spring: All right. Pension, $69, 000, 000 -- I'm sorry. Vice Chairman Sanchez: So, Larry -- Mr. Spring: Yes, sir. Vice Chairman Sanchez: -- $69, 000, 000, right, represents the City contribution to the pension? Mr. Spring: In total. Vice Chairman Sanchez: In total. Mr. Spring: Yes. We have a portion, about $4, 000, 000, which is administrative cost. 1 think earlier I put on the record that the pension has an investment portion and a non investment portion. The investment portion is the pension obligation that we have that we have to make. That number is calculated actuarially. We get a bill and we pay it. Then the other portion is the non investment, or administrative cost portion, of their budgets. Between the two pension trusts, it's around two -- $4, 000, 000. In accordance with City Code, the pension boards will be presenting their budgets to this Commission later, 1 believe, tonight for your approval -- your review and your approval, and I believe I presented all of you with copies of their relative budgets. Outside agencies. I also forwarded you guys the outside agency reports. If you want to quickly go down the list: Virginia Key Beach has submitted -- and keep in mind that this is the general fund impact of outside agencies. You have other outside agencies in the way of DDA (Downtown Development Authority) that have no City general fund contribution, so the amount that's represented here is actually just the general fund contribution portion. -- Virginia Key Beach Trust, 900,000; Bayfront Trust -- Bayfront Park Trust, 1, 000, 085; Off -Street Parking, Gusman, 332; Model City Community Redevelopment District, 641; CRA (Community Redevelopment Agency), 659; Civilian Investigation Panel, 1,000,100; GESE (General Employees and Sanitation Employees) Pension Trust, 22.1; and the FIPO (Firefighters and Police Officers), 47.1. Now, based on the direction that this Commission gave in our last meeting, we met with Virginia Key Beach, CIP (Civilian Investigative Panel), Model Cities, CRA to discuss their contributions, and 1 guess at the moment that they present their budgets, I'll give my professional recommendation on what I feel those budgets should be. Future focus. Earlier in my presentation, I pointed out that our recurring revenues grew at a rate of 4.89 percent, compared to the growth rate of expenditures of 7.83. Although we achieved a balanced budget, we have to remain focused. This has to be one of our strategic focuses for the next fiscal year. We have to provide cost-effective municipal services. This comparison really is an early indication that the City's cost structure is growing faster than our capacity right now. Vice Chairman Sanchez: Larry, let me ask you a question on that before you move on. On the City of Miami Page 163 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 comparison of recurring revenues to recurring expenses -- in other words, what's coming in and what's going out. Mr. Spring: The growth in what's coming in is growing slower than the growth in what's going out. Vice Chairman Sanchez: And what is it, based on a number? Mr. Spring: That's based on the budget percentages from last year to this year; recurring revenues to recurring expenditures, last year to this year, so our -- for instance, a major part of our recurring revenue increase is ad valorem taxes. You saw that increase by over $20, 000, 000. Vice Chairman Sanchez: Right. Mr. Spring: However, on the expense side, when you look at operating personnel and all those things, those items grew, in total, $26,900,000, so -- Vice Chairman Sanchez: And you couldn't factor it in on a percentage or on a number? 1 remember at one time it was like -- when we were in financial crisis, it was like 2.8 -- two point something coming in and four point something going out. I mean, it -- how you narrow it down and you make it simple as your bank -- your checkbook in the house. 1 mean, what you bring in on salaries and what you spend out, you know. How bad are we hemorrhaging? Mr. Spring: Well, if you compare that, three percent. Commissioner Winton: Well, what does three percent represent in dollars? Mr. Spring: Three percent would be approximately $12, 000, 000. Commissioner Winton: How many, 12,000,000? Mr. Spring: 12, 000, 000. Commissioner Winton: And how much -- Mr. Spring: It's 29 versus -- I'm sorry. That's not true. Hold on one second Commissioner Winton: It's an important number. Vice Chairman Sanchez: It can't be $12, 000, 000. Mr. Spring: Twenty-nine, five -- give me one second and I'll give you the number. It's $10, 000, 000. Vice Chairman Sanchez: $10, 000, 000? Mr. Spring: It's about $10,000,000 this year. Commissioner Winton: How much? Mr. Spring: $10, 000, 000. Commissioner Winton: OK. Now, there's a little minor piece of good news in this, not completely, but he said the recurring on the pension side was a $10, 000, 000 additional thing this year that isn't going to be -- it will be recurring but it's not going to increase again. City of Miami Page 164 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Spring: Next year, correct. Commissioner Winton: And in the operating expense side, is there -- the $69, 000, 000 pension payment, is any of that, other than that ten -- how much of that 69, 000, 000 is in your total recurring expenses? Mr. Spring: $34, 000, 000. Commissioner Winton: And -- Mr. Spring: Yeah, $34, 000, 000. Commissioner Winton: And how -- 34, 000, 000 in this one and you -- Mr. Spring: In the recurring. Commissioner Winton: -- anticipate that 34 being standard from now on? Mr. Spring: Based on the calculations we have as of right now, yes. Commissioner Winton: I'm sorry, Joe. Vice Chairman Sanchez: No, no. That's exactly what -- the point 1 wanted to get to. I mean, I just wanted a number as to based on a year what we're having to dip in to make up. Mr. Spring: Yes. Vice Chairman Sanchez: Significant amount. Mr. Spring: Yes, it is, and 1 think the Commission should -- and I've always -- I think 1 said this in our briefings. This is not the fault of pension. This is about us delivering better technology to do our jobs. We have to develop better procedures. New technology enhancements on the way include the ERP project, computer -aided dispatch, the 311 call center, land management; all of those technological and business processes changes are necessary for us to deliver better, more effective municipal services to the customers, both internal and external. Commissioner Winton: Well -- but from our viewpoint -- and I think the taxpayers' viewpoint, we would be anticipating that all of this investment in new systems and updated systems, and better systems is going to actually lead to a reduction in cost, not an increase in cost. Mr. Spring: Absolutely. However, when you're preparing for those items, there's a ramp up, a temporary ramp up -- Commissioner Winton: We agree. Mr. Spring: -- so we're at that point right now. Commissioner Winton: But what y'all need to be showing us is where the savings kick in and how much that savings is going to be, and what you've shown us so far is only what the big ramp up's going to be, and we're going to be faced with this. You just pointed out that we've got -- you know, we're three percent -- operating revenue versus operating expenses, there's a three percent negative differential there, but you haven't -- well, let me rephrase this question. Are you going to show us how we're going to eliminate that three percent differential as a part of this presentation? City of Miami Page 165 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Spring: Actually, 1 do not have that information as of this presentation. My intent was to -- the administration, as a whole, we've been developing a lot of business process reviews that identi.fr duplication of function, if you will, and we can go through and show you, from a process standpoint, where we're becoming more efficient, and where resources will be allocated to do more things with the same amount of money. Commissioner Winton: Well, because my inclination -- and when I look at a budget like this, if I don't understand how we'll get a payback, is to say -- not to pick on them, but just as an easy example, 24 new positions in Police Department go away, because I don't want to be operating on a three percent negative balance here. I don't want to do that, and you're not showing me how I'm going to get out of the mess, so why let it even start? Mr. Spring: Well, 1 understand your perspective, but again, 1 have to reiterate the point that these budgets -- we started out with a -- proposals of $472, 000, 000. Commissioner Winton: I know how budgets work and I know how department heads work, and I've been there. Commissioner Regalado: Hey, anybody can ask -- Commissioner Winton: Yeah. Commissioner Regalado: -- the sky, you know. Mr. Spring: Right. Commissioner Winton: Yeah. 1 know (INAUDIBLE). Mr. Spring: And that's true, everybody can add the sky, but when we look at what's coming in, we went back to these department directors and said, "You have to take a serious look at your operations," and we've got it -- Commissioner Regalado: But it wasn't too serious. Mr. Spring: Oh, I -- Commissioner Regalado: What 1 mean, it's only -- Mr. Spring: 1 don't -- Commissioner Regalado: I mean, without getting too technical, it's only three options: Raise taxes or fees. There's no political will in this board to do it. Mr. Spring: Absolutely. Commissioner Regalado: Forget it. Vice Chairman Sanchez: Forget about it. Commissioner Regalado: Reduce the big, big, big salaries. That's an option, or reduce positions. Layoff employees. That's only the -- it's very simple. It's very simple. Mr. Spring: It is simple and there -- City of Miami Page 166 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: I mean, it's painful, but it's simple. Mr. Spring: It's very painful, and these directors have gone through a lot of pain in getting this budget balanced. They have -- we've looked at freezing positions, and there are frozen positions. There are deferred funded positions in here. There are deferred phases of projects included in this budget in order to get it to be balanced. Commissioner Winton: Well, here's what's terribly frightening to me about this -- about us approving this budget, and that is as it relates to this ramp up. Included in your revenue side is a 15 percent growth in ad valorem tax revenue from last year to this year, and our ad valorem tax revenue, in a four-year period, has gone up in the neighborhood of sixty -plus percent, probably close to 63 to 65 percent. That significant increase in ad valorem tax growth is going to continue probably for two to three more years, and it could easily go to zero after that. Zero, zero, zero, yet, we've ramped up a city on a recurring expense side when we've got this huge increase in revenue and our expenses are ramping up higher than our revenue's ramping up. Vice Chairman Sanchez: But -- Ms. Haskins: Commissioner. Commissioner Winton: That is a formula for total disaster. Ms. Haskins: And I can -- I -- and there -- that's a way of looking at it. Let's talk about, though, what, strategically, we're trying to do here. Commissioner Winton: OK, good. Ms. Haskins: And strategically, what we're trying to do is we're putting in an additional 800,000 or so in salaries in IT (Information Technology) to be able to implement the ERP system. We've also got within the -- within what was funded in the past, significant consulting dollars to help us implement that. Realistically, we don't expect to see significant benefits from that until probably fiscal 2006, but more realistically, 2007. Mr. Spring: 2007. Ms. Haskins: But that investment spending today, in our view, is well worth the cost. If we look at other areas that we've really taken -- we've spent some consulting dollars. We've changed management quite a bit. Let's pick one area. Risk Management, the area that I love to talk about. The City of Miami sat down with Cigna for the first time in many years, face-to-face, and negotiated last year. We pulled $3, 000, 000 out of their fees for this year, 3, 000, 000. We also brought in people -- some consultants, some full-time people -- who have cut their teeth on things like workers' comp., group benefits, that sort of thing, and we believe that the management policies we instituted, such as sending out insurance cards, auditing the files, have reduced the growth rate of our group benefits from what we were seeing at 22 percent, 23 percent a year to 11 percent. To give you an idea of what that means to us, if our claims rates were estimated to be about $28, 000, 00 for this year, a 22 percent increase versus an 11 percent increase means $3, 000, 000 to the City, 3,000,000 in savings, so now let's take that 3, 000, 000, the next 3,000,000 , that's $6, 000, 000. Then we look at -- we -- you allowed us to change our insurance broker, OK . We changed our insurance broker on property and casualty insurance. When you see -- with one of the previous slides, you see that there is a reduction in insurance costs. Do you know that reduction in insurance costs occurred, notwithstanding that we insured something like 15 more buildings, have lower deductibles on these buildings, so there's -- there are additional expenditures occurring now. One of the major reasons we're trying to do it with consulting services, as much as we can, versus full-time employees is so that -- those expenses, when we're done, they cut off, and that's the strategy, but when we talk about a department like the Police City of Miami Page 167 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Department, the City has enjoyed, over the last few years, because of the efforts of this Commission in really hitting the strategic areas of the City, we've enjoyed growth. You know, through the 1990s, the City was flat to down in total population, but I don't think you can find a -- Commissioner Winton: Seventy to eighty families since the '60s. Ms. Haskins: -- city in the country that can pay for its infrastructure cost, fire, police, general service employees on just property tax revenues. Vice Chairman Sanchez: Impossible. Ms. Haskins: So the only way that we can continue to sustain this growth and pay for it, OK -- because as we add people, we need more firefighters, and they have to fight fires in a dfferent way than they've had to because that construction is going vertical. As we add new -- Vice Chairman Sanchez: Police officers. Ms. Haskins: -- residents in the city, we need to add police. There's no doubt about it. I mean, you think about downtown, just downtown alone; five years ago, they didn't need anybody on the midnight shift downtown, right? Commissioner Winton: Right. Ms. Haskins: Now we've got a 24-hour downtown. How do we fund those police? But we're never just going to fund that additional cost out of property taxes. There's not -- I don't think you can find a municipality in the country that can fund totally out of property taxes. They're certainly not in Florida, with the rules in Florida, so you've got to find it through a combination of other things. We've got to find it through a combination of what are -- what is our fee structure for other fees -- doesn't sound good to citizens -- or we've got to find it through saving on how we deliver the services, and the efforts on saving on how we deliver the services have been significant, and you guys have been incredibly supportive, but we can't sit here as an administration today and say that we're going to be able to deliver you that savings next March. We're going to have -- we will ask you to have the patience to let us show you that, starting in 2006 -- more so into 2007 -- that we are reducing the rate of increase of this budget. Commissioner Winton: So -- but when -- what I'm curious about is when we're going to see that, and that was my point to Larry. I'm not so uncomfortable approving a budget like this if I can see that it's ramped up, cost go down, we're OK. It's very difficult to approve a budget when you just see it going up, and you're saying, well, when does this end? Does it end when we run into the wall at 120 miles an hour again? Ms. Haskins: Right, and you're right. And 1 think what we'll see is, we may not see a decrease in total expenses, but we're going to see a slow -down in the rate of increase. It's kind of like talking about the federal budget, right? Commissioner Winton: Well, whatever it is, just so that -- Ms. Haskins: Just so you can verge. Commissioner Winton: -- curve -- right. Ms. Haskins: Exactly. Commissioner Winton: -- so those two points merge. City of Miami Page 168 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Haskins: And that's what we're strategically aiming for. Vice Chairman Sanchez: But, Johnny -- if I may, Madam Attorney. You touched on both aspects of it. The ones that generate revenues for us in returns and the ones that don't because we have to provide it, such as twelve plus million dollars in Information Technology. We had to put that into Information Technology. That's going to give us a return, I think, in the future, but we had to catch up. The other stuff is, you know, for years, for twenty -something years, this City never did anything for infrastructure anyway, you know, so we've constantly have had to, you know, rebuild ourselves. The police radio, based on -- that's not going to give us anything in savings and returns, but we've got to do it because we have to provide safety for the Police Department and the Fire Department and everyone, so there are some things that are going to give return and some that aren't going to give us return. Midtown, for example, we all supported that because, you know what? It's going to generate an incredible revenue for us in years to come. Some things are going to give us money in return; some things aren't, and we need to accept that, and one of the biggest problems that we're in the situation -- and, you know, we've been here before. We'll get out of it. We just have to -- you know, all our ships need to stay on course on this one, and we'll get out of it. Come budget time, you know, we tend to get edgy and we tend to, you know, dis -- not disrespect each other, but we bark at each other but, you know, when it's all said and done, I think we've been here before and we will get over this. Commissioner Regalado: I think that your vision is correct and what 1 think is the need of the public to understand, and I would like to understand, as a regular person, is that every time that one of those buildings is approved by the Commission and other boards, one of the things that the developers are asked to do right away is pay the impact fee, and not only they pay 300 and $400, 000 for a large building, but they do also pay $200, 000 maybe to the School Board, and yet, we still don't have the ability of using that impact fee in a smart way. What I'm saying is that it's very difficult to get construction going, say Brickell and Coral Way, and yet, we have to go out in the contract and bring the people that went from Shenandoah to -- if we build in Coral Way, you know, the contractor is tied up in Silver Bluff and Shenandoah. He cannot work in the infrastructure, and then we have the people, the citizens, rightly so, demanding issues about traffic, and especially a school. We don't have the ability to go to the School Board and say, guys, 1 mean, you know, if you want to buy a lot, now is the time to do it because we're going to have 100, 200 more families in this block and 300 in the other block. 1 mean, I think that we're not using the impact fee, which is millions, according to what I read, in order to accelerate the infrastructure that we need to satisfy the residents. I just don't understand what is being done with the impact fee. 1 want to understand that. Ms. Haskins: I'm glad you brought impact fees up because it was -- it's really -- it's one of those areas, as well, that we've -- strategically, we've said we need to do something with this. First of all, we were really -- we -- first of all, the impact fees and the coefficients for the impact fees, although under ordinance, are supposed to be adjusted every year, have not been changed since 1989 in the City, so there is -- we have asked -- we have hired a consultant to work with us, with our Capital Improvements program, to redo the impact fee coefficients. It's very much needed because if we're using 1989 dollars, OK, in this calculation of coefficients, we're certainly not generating enough in fees to satisfy the infrastructure needs for the additional growth. We also have -- we're also concerned that the level of impact fees collected didn't seem to be corresponding with the development that's going on, and we are looking into that right now. We are investigating why the impact fee collected have not really increased dramatically over the last few years. We've also had a situation where, for many years, I think because of the financial crisis and because of the cutbacks that were done during the financial crisis -- and we talked about this in the budget discussions, you know, in 2001, I know -- that there have been capital improvement dollars available, including impact fees, impact fees that are supposed to go to capital improvements, sitting around for years in the City and not being spent, and 1 know Commissioner Teele has always said, "It's not a matter of money. It's a matter of getting it City of Miami Page 169 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 done," and there has been a significant effort, and again, with the support of the Commission, today's approval of being able to outsource some of the design work and the planning work to really kick-start this. It has been one of the highest priorities of this administration to make sure that a capital plan is done, that it's a realistic capital plan, and that we match funding sources with the plans. Impact fees are a critical component of that. Alicia Cuervo Schreiber: Commissioners, Alicia Cuervo Schreiber, Chief of Operations. To list some of the things that we've done with this prior year's impact fees, we have used the Public Works dollars to match a grant to put grates over our storm drains to protect them from getting clogged. We have done some of our street maintenance, some of the resurfacing that you saw, with some of those dollars. Solid Waste is now purchasing some trucks that are desperately needed. The coefficients, the dollar amounts for last year were not that great, and I actually have a table that I'll be happy to forward to you what those dollar amounts were. We do have a preliminary report of what we expect this year's amount to be, and we will be preparing for you a capital plan of how we will spend those capital dollars because they must be spent on capital improvement type items, if that answers your question. Thank you. Vice Chairman Sanchez: Go ahead. Mr. Spring: Finally, in closing, our strategic focus, most importantly, is on our citizens and service delivery. It is a big part of our -- the administration's strategic plan, the new processes that we're implementing, the technological advances, the issues of focusing on public safety staffing, and trying to change our overall city culture to provide for superior customer service. This is our focus for the next year and the next -- for years to come, and with that, I guess I'm open for additional questions. Vice Chairman Sanchez: Al! right. Any questions from the Commission? Commissioner Regalado: I mean, the only question that I have is why we didn't start this year the remedy and wait for next year? Chairman Teele: I didn't hear you. Why we what? Commissioner Regalado: Why we didn't start this year the remedy for this more spending and less income and wait until next year? To me, it's very dangerous. Mr. Spring: I would answer that question in the following way. Last year, in my presentation that I provided to this Commission, 1 did point out the same issue. Also, earlier this year in my preliminary budget discussions, we brought out the issue. I think what -- from an administrative standpoint, what we've been doing over the last year is analyzing our processes, getting a better understanding of what we're doing, how we do business, how we deliver service to our citizens, and then improving on those processes so that we can realize the cost reductions. Unfortunately, at, you know, this moment in time, that cost -- it costs additional dollars to do that. As we will move -- as we move into the new fiscal year, my primary focus again, as directed by this Commission in our meetings a few months ago, is to start focusing on efficiencies, identifying -- and, you know, I believe Commissioner Teele, you know, led the way in saying, you know, be it by administration or, you know, some experts that know about municipal service and service delivery that we go in there and really take a serious look at our operations, and that's what we're doing. It's going on right now in the land management area. One of my departments, Citistat, is looking at business process for building, permitting, GSA, Public Works. They're looking at all of that so we can deliver service and have better procedures when we implement technological enhancements to that process, so -- Vice Chairman Sanchez: Any other questions? If not, we'll go ahead and open to the public. It's a public hearing. Anyone from the public wishing to address this issue? All those, please City of Miami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 step up. Have you been sworn in? Mariano Cruz: 1 do. Commissioner Winton: (UNINTELLIGIBLE). Vice Chairman Sanchez: You don't need swearing in. I'm only kidding. Commissioner Winton: (UNINTELLIGIBLE). Mr. Cruz: (UNINTELLIGIBLE) to swear in. All this is concerning -- Vice Chairman Sanchez: You've been sworn in years. Mr. Cruz: -- concerning the millage rate? Vice Chairman Sanchez: Yes. Has everyone registered with the City Clerk? OK. Mariano Cruz from Allapattah. Mr. Cruz: Yes, but 1 am going to speak first on the BH.1, the millage rate, then I'll leave BH.8 and 9, the fire fee and the solid waste fee -- Vice Chairman Sanchez: Right. Mr. Cruz.' -- later on. That's another hearing. My name, Mariano Cruz, 1227 Northwest 26th Street. I come here as a taxpayer. 1 got nothing against the rate. 1 consider it fair. I never complain about my taxes because taxes are what makes everything move on, but what I'm complaining this year and (UNINTELLIGIBLE) is the delivery of services, the uneven delivery of service. Like I say, 1 don't have to call my Commissioner for some kind of problem in my neighborhood. That's micromanagement, micromanagement. We've got the administration to do that. We have the Manager and the director of the department and everything. Why should I call the NET (Neighborhood Enhancement Team) four times to cut some bushes that are interfering in the intersection, and today, at 4:35, I went by there. I see the bushes there. 1 can go there with some machete and cut them, but 1 don't have to do it. That's why we have a NET, and somebody at the NET had told me, "Why don't you call Public Works?" I told him, "The NET is a mini City Hall. The NET is supposed to call Public Works, Solid Waste, whatever." That's the big problem we got, the delivery of services because I don't know why -- and I know how the system operates, and 1 go through all this every time. What about my backyard neighbor, Mr. Lopez, that he was left -- he was -- received a certified letter, return receipt -- all in English with a bunch of numbers, violation of Code. The guy almost died. He called me. He didn't know what it was, all the bunch of numbers in English, so he called me. It was that he put to some windows, and the Code inspector went by and instead of knocking at the door and tell him -- and maybe write in the violation, hey, listen, you put some windows without a permit. No. The old man almost died, by-pass operation, everything, but he's not Clinton. He doesn't have secret service to take care of him, so he had to call me about that but, you know, that's wrong. The delivery of services. And another thing, like today in the paper, I'm reading about consultant fees and the overtime that the police been using. Today in the local news. 1 didn't write that. It was The Miami Herald. DeFede and Michael Basket. It was about that, and I say, when my wife ran the program, it was, oh, the progressive school. In the City of Miami, a city taxpayer, 1 have to come in front of the Commission to get action of the detective and other things to do that. Why should (UNINTELLIGIBLE) when we get the picture with ATM (Automated Teller Machine) and the guy who did it and everything. Nothing happened, and that was wrong. Now something happened out of the City and they get overtime from my money. Let the people that pay taxes in Davie use the money there in Davie to do it, or wherever -- Miramar, to do it. Another thing, they get all kinds of monies being spent in consultants, all that. Why City of Miami Page 171 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 they don't use that money to get somebody with a machete and cut the bushes down on 28th Street, right? It would be a lot cheaper, right? Because -- and now, maybe now we have a new City lawyer sitting there talking about litigation, we will start the department look at litigating a lot more cases instead of farming out because 1 see in every agenda hundreds of thousands of dollars going out to outside legal firms. Why should we do that if we have 40 or 50 lawyers there? Well, how are they going to get expertise if they don't litigate? They should be litigating and getting -- they say, no, we don't have the expertise. The expertise becomes a circle, a vicious circle. You don't litigate, you don't get the expertise. Then litigate and get the expertise for the cases. And another thing they mentioned Metro. I'm seeing now they're repairing 12th Avenue. What is the agreement between the County and the City? Two months ago, they came to 12th Avenue and broke the sidewalks. They left there the barriers and some temporary fix with asphalt. Today, September the 9th, still those barriers are there. How come? We pay 5.6 mills in the countywide tax. We're not living free, you know. We pay taxes to the Dade County government. Why should when we need a sidewalk repaired in front of Telemiami, I have to call the Metro to have it done? They didn't want to do it because they supposed to fix -- to take care of all the major arterials in all the cities, and that's something that they should do it, and that's to a city to do it. Instead, Metro come here and ask for a vacant or something, and we give it to them. The School Board come here, and we'll give it to them. Why? They don't give nothing. (UNINTELLIGIBLE) now they're going to mention about another fire fee (UNINTELLIGIBLE) Metro at the Jackson Hospital. They're bringing heart surgeons with (UNINTELLIGIBLE), and Mr. Pidermann was there. I remember that it was 13 apparatus from the Miami Fire Department there. You know how much money that cost to move those apparatus there? Well, Metro don't pay anything. Jackson doesn't pay anything. The Health Trust don't pay anything. Mr. Handheld is here. Maybe they should tell us to pay something to the City because they pay for -- to the City. They pay for water. They should be paying for their services, too. Well, why Miami -- not the first city, the fifth poorest city now in the United States -- have to be subsidizing all those -- Vice Chairman Sanchez: Point -- Mr. Cruz: -- all those places there, whatever. Vice Chairman Sanchez: Point well taken. Mr. Cruz: But the point is, like I say, 1 don't mind paying taxes. I don't mind paying taxes. The point is, the uneven delivery of services. Why should -- in Allapattah, why should I have to call my Commissioner there to get something done? Vice Chairman Sanchez: Point well taken and -- Mr. Cruz: When we have umpteen or seventeen whatever directors of department this and this and that. Vice Chairman Sanchez: Point well taken, and we'll take it under advice, sir. Mr. Cruz: The budget, like I say -- and to make it even, maybe on the recurring revenues, we'll start to start thinking, like Commissioner Regalado say, you know what they do in France -- because my wife is French -- they tax the houses according to the windows they have or something. No. They can go here and check houses by the size of the houses because that's what it is. You pay according -- it's exactly because all these taxes, all these fees -- Commissioner Gonzalez.: Mariano. Mr. Cruz: -- are, like I said, I don't mind paying -- City of Miami Page 172 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: Mariano, if they decide -- Mr. Cruz: -- any -- Commissioner Gonzalez: -- if they decide to do that in Miami, you'll see a lot of people closing down windows. Mr. Cruz: Oh, yeah, then we'll find another way. Commissioner Gonzalez: You'll see a lot of houses with no windows. Vice Chairman Sanchez: People will be living in the dark. Mr. Cruz: Living in the dark. I know that the windowless building, FPL (Florida Power and Light) don't (UNINTELLIGIBLE). I remember that. Vice Chairman Sanchez: Mariano, thank you so much. I gave you more than two minutes. Mr. Cruz: I know, but I'll be coming in the --1 didn't mention the fire fee and regressive fee. I didn't mention the garbage fee because I got another complaints about the Solid Waste Department. Vice Chairman Sanchez: I think the message is clear and -- Mr. Cruz: All right. Thank you. Vice Chairman Sanchez: -- we're going to work on reducing that. Thank you. Ma'am, state your name for the record Good evening and welcome to City Hall. Vertie Garrett: Good evening. My name is Vertie Garrett. Vice Chairman Sanchez: I'm sorry. Ms. Garrett: Vertie Garrett. Vice Chairman Sanchez: OK, Ms. Garrett. Ms. Garrett: My husband and I are the owner of a building over in the City of Miami, and my concern is about the Fire Department issue of wanting to impose fines on us. I'm only -- well, I guess, 1 can speak on -- Vice Chairman Sanchez: Fines on what? Are you talking about the fire fee? Ms. Garrett: Right. Vice Chairman Sanchez: OK. Ms. Garrett: Because we own a building that is commercial. It's really mixed use, and I don't know how they came up with these figures because it's two buildings on the property and one of the buildings have 1,732 square feet, and they're charging $121; then the other building has 740 square feet and they want to charge another $121, and that's like 992 square feet difference, but they want to charge us the same amount of money, and every time we look around, there are more fees, more fees and more fees. As far as garbage, we have to pay our own garbage because it's a four -unit building, and that's steady going up. Tallahassee done imposed -- City of Miami Page 173 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: Well, we have no control over that. Ms. Garrett: I know -- and Tallahassee imposed their fines with that amnesty stuff. There's another $1,100, and now we're looking at -- Vice Chairman Sanchez: Kemp. Ms. Garrett: -- the Fire Department, and 1 don't know how they came up with these figures. Vice Chairman Sanchez: Ma'am, sit down with the young man -- young man, tall young man -- Ms. Garrett: Um-hmm. Vice Chairman Sanchez: -- and he's going to help you out. He's going to address those questions you have. Ms. Garrett: He's going to address these issues? Vice Chairman Sanchez: Yes. Ms. Garrett: OK. Thank you. Vice Chairman Sanchez: OK. Thank you. Good evening, sir. Bruce Edlund: Hi. Vice Chairman Sanchez: How are you? Mr. Edlund: Bruce Edlund, 2301 South Miami Avenue. 1 just want to talk a little bit about the budget. You know, for a normal citizen, it's pretty difficult coming to this meeting and listening to all the details and all the numbers on the budget. I mean, 1 downloaded some of the information before I came to the meeting, but there's a lot of details and -- but, you know, all I have to do is look at my proposed property taxes for this year between if there's no change in the budget and if the proposed budget changes are made -- Vice Chairman Sanchez: Sir, let me -- that -- Mr. Edlund: OK. Vice Chairman Sanchez: Most of that is the County. When you pay WASA (Water and Sewer Authority) -- Mr. Edlund: Well, Miami City -- Vice Chairman Sanchez: -- you pay the County -- Mr. Edlund: Miami City -- Vice Chairman Sanchez: Yeah. Mr. Edlund: -- if there's no budget change and the proposed budget, there's about a 15 percent change. Now, I don't know if that's the millage rate, because I didn't understand if the millage rate is actually changing or it's not. Vice Chairman Sanchez: We're reducing the millage rate. As a matter of fact, it's been the City of Miami Page 174 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 lowest in 50 years. Commissioner Regalado: No, we're not. Chairman Teele: No, no, no, no, no. Commissioner Regalado: No, we're not. Vice Chairman Sanchez: No. It's -- well, we have, in the past years, reduced the millage rate, and it's the lowest -- Mr. Edlund. Well, I read that -- Vice Chairman Sanchez: -- it's been in 50 years. Mr. Edlund: Well, I read that, but my Miami City property taxes, if there's -- Commissioner Regalado: Because they raised the value of your property. Mr. Edlund: No, no, no, no. I'm talking about with the new assessed value between what they have column two and column three, if there's no budget changes made and if the proposed budget is made, so on the same -- Vice Chairman Sanchez: Could I see that? Mr. Edlund: Yeah. Vice Chairman Sanchez: Let me see it. Chairman Teele: Is that a residence or is that a commercial building? Under the State law, they can't raise -- they can't -- Vice Chairman Sanchez: By only three percent. Chairman Teele: -- they can't -- Commissioner Gonzalez: They can't raise it more than three points -- three percent. Chairman Teele: They can't change your valuation more than three percent. Mr. Edlund: No, no. I'm not -- I'm talking about -- I'm not talking about between last year and this year. I'm talking about between the budget, if there was no change on my new assessed value versus if the proposed budget is implemented on my new assessed value, so there's no -- the assessed value has nothing to do with it. Commissioner Gonzalez: But the proposed budget that they're talking about is the County. Mr. Edlund: No, but that's broken down by their -- the County is going up, but Miami City is going up. Chairman Teele: Does that show the rollback rate; is that what it is? Vice Chairman Sanchez: Yeah. Hold on. Chairman Teele: It's based on the rollback rate. City of Miami Page 175 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez. The rollback rate. Chairman Teele: And the rollback rate is where you started from. Mr. Edlund: 1 mean, that's the -- those are the details that I don't understand, but I see that going up 15 percent, and 1 ask myself you know --1 mean, us normal people, unless you're getting promoted or you're changing jobs, you're not getting a raise of you know, 15, 20 percent and, OK, my property value might be going up, but -- Vice Chairman Sanchez: Yeah. We're -- I believe they went to check up on your address on that to -- Mr. Edlund: OK. Vice Chairman Sanchez: -- look it up. Mr. Edlund: So -- Vice Chairman Sanchez: Can we get back to you on that? Mr. Edlund: -- that's my only question. Vice Chairman Sanchez: OK. Ma'am. Deborah Cimadevilla: Hi. Vice Chairman Sanchez: Hello. Could you please state your name for the record? Ms. Cimadevilla: Yes. My name is Deborah Cimadevilla. Vice Chairman Sanchez: Address? Ms. Cimadevilla: 1305 Southwest 30th Avenue. I'm here because I work with apartment buildings. I own apartment buildings -- a couple -- and I think it's ludicrous that -- for example, this one right here is a eight -unit efficiencies, OK, apartment buildings in Little Havana and, as you know, we have the poorest -- probably poorest people living there. Their salaries haven't gone up. It's very hard for us to increase the rent. We have single mothers with a couple of kids. We have, you know, elderly people, et cetera, et cetera. This apartment building, if this budget is changed, there will be an increase of $2,500; it will go from 6,300 to $8,800, just for taxes. I oppose this, guys. I think it's ludicrous for me to then have to increase the rent for little efficiencies, $50 a person. I can't raise the rent anymore. Between insurance and taxes, I'm paying $14, 000. Now, I think that this is because of the irrational assessed values. This building was given an assessed value from last year to this year of over $100, 000. This is due to -- I also have real estate license, and I have a lot of doctors and lawyers that want to try to buy buildings just to put their money somewhere. They're not buying something to actually have an income to operate it as a small business. Also, the developers that are buying, you know, little buildings and tearing them up and building big buildings, it's irrational -- you know, 1 speak and I wish that people would listen because -- Vice Chairman Sanchez: We are. We are. We're -- Ms. Cimadevilla: I'm sorry. I'm very upset at this, and it's -- Commissioner Gonzalez: We are listening to you but -- City of Miami Page 176 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Cimadevilla: -- kind of demeaning. Vice Chairman Sanchez: No, it's not. Ms. Cimadevilla: You know, you guys are elected for us to be heard and to work with us. I'm trying to tell you that City of Miami is supposed to be one of the poorest cities. I'm representing -- I'm someone here representing over 500 units because we manage apartments of the poorest people. These budgets, if it's increased in this way, you're going to force us to increase the rent on people that can't afford it; $50 more for people that are not getting salary increase is irrational, guys. It forces us, as landlords, to raise the rent, to evict people, to create a poorer community. You're increasing the poverty level. With all due respect to the person that was talking about the budget, great talking about technology and everything, but what are we doing for the poor people. You know, we complain it's the poorest city. Who's representing -- what are we doing for them? I don't see anything in the budget about helping the poor people to have housing. It forces landlords to have less maintenance to take care of their buildings, because 1 can't afford to be maintaining my building the way it needs to be maintained if 1 have to, you know, pay these taxes. It's $2, 500 for eight little efficiencies; that's the increase, and it's deteriorating, too. Small businesses. You know, how am I supposed to run a business -- as a small business person, how am I supposed to do that? You would be deteriorating the growth, economic growth for the people that need to increase in economic growth. You know, it's very hard to evict people. It's very difficult, very sad. Every time I have to increase $20, 1 have people crying saying, "No, please don't do that. 1 can't. My salary hasn't gone up," and 1 say, "Well, I'm sorry, but my taxes went up, and those people say, well, what am I getting out of that? What am 1 getting?" Nothing, and you can't compare a tiny efficiency to a mansion on Brickell You don't have the same amount of people living there, as far as the fire fee. We were here for the fire fee. It was supposed to be a certain amount of time running. People do not respect the City of Miami Commissioners because they say it was only supposed to be five years. Well, now it's going to keep on running. Guys, you know, 1 respect you guys. Commissioner Winton: Is there a time limit on this? Ms. Cimadevilla: 1 wish that you guys would realize the cost of living in these units, and I'm here to speak for a lot of people that can't be here, guys. It's very important. Do not allow -- I really oppose these property taxes -- Vice Chairman Sanchez: Thank you. Ms. Cimadevilla: -- to be approved Vice Chairman Sanchez: Thank you so -- Ms. Cimadevilla: Thank you very much. Commissioner Gonzalez: Ma'am -- but let me correct you on that, Mr. Chairman, if you allow me. You say that you're disagreeing with these property taxes -- Ms. Cimadevilla: Yes. Commissioner Gonzalez: -- and we all are because we're in the same boat. We all have our property taxes being increased and the valuation of our properties are also being increased, but that is not the City of Miami government. That is the County government. Ms. Cimadevilla: I'm sorry, sir, but -- Commissioner Gonzalez: The assessor -- the property assessor works for Miami -Dade County. City of Miami Page 177 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 It's not -- doesn't work for the City of Miami. Ms. Cimadevilla: So then the City of Miami taxes here that went up $1, 000 from last year to this year, if this budget is approved -- Commissioner Gonzalez: Because the property value is raised, the taxes automatically are raised, but that is the problem that we have with the property assessor of the County because last year, as Commissioner Sanchez said, we decreased the taxes, OK, and it didn't make any difference because we decreased the taxes and the County raised the property value. Vice Chairman Sanchez: Property value. Commissioner Gonzalez: They gave the senior citizens a $25, 000 extra -- Commissioner Winton: Homestead exemption. Commissioner Gonzalez: -- reduction on property taxes. Vice Chairman Sanchez: Seniors. Commissioner Gonzalez: Well, guess what? In three years, raising the property values the way they raise it, it disappear. Ms. Cimadevilla: Then what can be done? Commissioner Gonzalez: The $25, 000 disappear. Ms. Cimadevilla: Then what can be done about the irrational way that property is assessed? Commissioner Gonzalez: Call -- exactly -- Ms. Cimadevilla: Because it's irrational. It's ludicrous. Commissioner Gonzalez.: Go to the County and, you know, talk to the County Commissioners -- Commissioner Regalado: No. Commissioner Gonzalez: -- at a public hearing. Ms. Cimadevilla: I went to the County yesterday -- a day ago, two days ago. I went and I spoke, but I don't really think that -- I think that there's something else. There has to be -- Commissioner Regalado: Deborah, if 1 may. The only way is to go out and get signatures -- Commissioner Gonzalez: Right. Commissioner Regalado: -- and put in the ballot a question, probably in a special election, to have the tax assessor -- Vice Chairman Sanchez: Be elected. Commissioner Regalado: -- the tax appraiser of Miami -Dade County -- Vice Chairman Sanchez: Be elected. City of Miami Page 178 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: -- elected. It's the only alternative. Commissioner Gonzalez: The only alternative. Commissioner Regalado: The -- all the counties in the State of Florida, 66 counties, have their tax appraisal [sic] elected by the people, and then we have somebody who can -- we can threaten, say, look, don't continue to do that because we're not going to vote for you next four years. The only county that does not have property appraisal [sic] elected is Miami -Dade County; appointed by the manager, and every time that in the 29th floor have a deficit, they said call the guy downstairs. Raise the property value, and you know what? Your problem does not have a solution because we can go and challenge -- Commissioner Gonzalez: Right. Commissioner Regalado: -- our home or your home because we have homestead exemption. By State Statute, they cannot raise more than three percent but, in your building, since you don't live there, they can raise whatever they want. Ten blocks around -- Commissioner Gonzalez: Right. Commissioner Regalado: -- if they made a sale of a property -- Ms. Cimadevilla: Sure, 1 know. Commissioner Regalado: -- they will raise your taxes. Vice Chairman Sanchez: Taxes. Commissioner Regalado: And you know what? We, in the City of Miami, are complaining but, at the same time, we are getting more money in taxes because we're taxing your building $1,000 more. It's not our doing, but we're getting $1,000 more from you because of what the County did, but 171 tell you something. 1 will be more than happy to gather signatures -- Ms. Cimadevilla: That would be great because I feel like -- Commissioner Regalado: -- because, you know -- Ms. Cimadevilla: -- I'm a lone ranger here, you know. Commissioner Regalado: -- because you know what? In my office, we gave 900 applications for people who wanted to sign and place in the ballot this November a double homestead tax exemption, 900, and you know what? My City and the County went to the Supreme Court, paid attorneys with our money to argue that this issue should not go on the ballot, and it didn't so, you know, we don't have -- Ms. Cimadevilla: Well, what -- Commissioner Regalado: -- we don't have any recourse, other than get the signatures. I promise you, I will promote that in the radio and TV (television) if you guys help me organize to place in the ballot. It's only four percent of all registered voters in Miami -Dade County that needs to be brought in 90 days. If we're going to do that, 1 think we should do it early next year. Ms. Cimadevilla: That would be great. That would -- you know, to be honest with you guys, it's my joy to elect people that are going to be representing all people, you know, and if -- for example, for me, you know, that's a great suggestion, but I feel like -- well, I wish that you guys City of Miami Page 179 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 could help people like me to facilitate this happening because, you know, that's -- we need help. I'm not a professional. I don't know all the details, so 1 greatly appreciate you saying that, Commissioner Regalado. If -- I don't know how I can get in touch with you and I would love to facilitate that. 1 would love to go out and collect signatures. I know I'm not the only person, and I think it'd be great if the rest of you guys could help in that situation, too, because if you can't do anything about it as City of Miami Commissioners, then maybe you can help us, you know, work together to go to the County to do that, because it -- you know, as one person, you feel like a little pea -- Commissioner Winton: Who's chairing the meeting? Ms. Cimadevilla: -- in an ocean, you know. You're not going to get heard, you know, so if you could help with that, Signor Regalado, I would love that. Commissioner Regalado: 1 will. 1 will. Commissioner Winton: Arthur, are you chairing this meeting? Ms. Cimadevilla: And, you know, Commissioner Teele, that would be great if you could do it for your district, too. I'm sure that there is other landlords in your neighborhood that -- you know, they're having the same struggle because you can't raise rents that much. Unidentified Speaker: We're in Little Haiti. Ms. Cimadevilla: Yeah. They're in Little Haiti, too, you know, and you can't raise the rent that much. It's just it's irrational. You're creating more poverty. Chairman Teele: Thank you very much. Ms. Cimadevilla: Thank you very much. Chairman Teele: Ma'am, let me just say this. Ms. Cimadevilla: Yes. Chairman Teele: I was off speaking to the gentleman who had just spoken immediately before you, and 1 didn't mean to be discourteous, but he did give us a document and 1 was trying to explain. Ms. Cimadevilla.' Thank you. I appreciate that. Chairman Teele: Thank you. Ms. Cimadevilla: Thank you very much. Chairman Teele: Is there anyone else on this or any other matter? Two final -- two other people. Yes, sir. Omar Hernandez: My name's Omar Hernandez. Thank you for letting me be here and speak. I was hearing that they had mentioned impact rate was from 1989. I mean, we are in 2004, and since 1989 until now, just Biscayne and many parts of the City of Miami have changed drastically, and 1 don't -- you know, raising taxes every year a little bit because we need it and things -- you know, time goes on and we move on as people, is totally understandable, but to be charging an impact rate on these condominiums that are being sold for thousands of dollars, nobody really even lives in them because they don't even live here in Miami. Ninety percent of City of Miami Page 180 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 the time, you see a good 60, 70 percent of them with hurricane shutters on, so I don't understand how we're getting a percentage out of these developers from a rate that was based in 1989, and we're already way past that time, you know. I think if -- you know, that could have helped that situation where we could have been increased a little bit, and not this big jump from one minute to the next. It is hard and the majority of the City of Miami is not high-class living like that, you know. The majority of it is a struggling working class, and I just wanted to say that. Chairman Teele: Thank you very much. Mr. Hernandez: Thank you very much. Chairman Teele: Miami is a tale of two cities. It really is. Manuel Cimadevilla.' How are you? Chairman Teele: You're back? Mr. Cimadevilla: Good. My name is Manuel Cimadevilla. I also have a lot of multiunit apartments. Chairman Teele: Where do you live, sir? Mr. Cimadevilla: I live -- well, the units -- where 1 have the units? Chairman Teele: Where do you live? Commissioner Winton: No, your address. Mr. Cimadevilla: I live in 1717 North Bayshore Drive, Apartment 1254, Miami, Florida. Chairman Teele: Thank you. Mr. Cimadevilla: Most of my buildings are by Little Haiti, southwest area, and 1 know that Regalado was speaking about the millage going down. Now, from 2000 -- from 2001, which was at 8.9, it went -- it stayed the same for 2002, at 8.9, and then it went down 2003, at 8.8. Now, 2004, it went down, but it went down from 8.8 to 8.7. 1 mean, you're not going to see any dfference in such a minimal amount going down, and when you take in consideration the property assessed values in 2000 -- let's say, 2001 to 2004, you're talking about a 33 percent hike. 1 mean -- and so, that little teeny-beany drop from 8.9 in 2001 to 2004, 8.7 is not even -- you can't even see that since, compared to the property assessment, when you're looking from just one year, you're looking at an increase of $100, 000 on a property that was at market -- the value was at eight -- 280, 2000. It went up to 383, 000. I mean, we're talking $100, 000 on something that was 300, 000, so it was what, 33 -- 30 percent jack from one year to another, and then you're expecting us to pay the same -- practically the same millage rate. I mean, they're saying, you know, it went down, but if you drop it down in such a little -- in such a minimal amount, it's not going to do anything. Now, what can we do, as landlords, to be able to tell to our tenants, listen, you have an option. If they propose this --1 told them. I said it to people in Little Haiti. I told them that they're $300 for an efficiency, so I told them, listen, if they go with this proposal, I'm going to have to put your rent -- I'm going to have to --from 300, it has to be 340. They almost had a nervous breakdown, and I said, well, you know, worst case scenario, we're going to have to divide this because in this -- on a property that 1 purchased, I put $100, 000 down and I'm talking -- I'm having to pay seven -- $5, 000 more for something that I'm making maybe $12, 000 a year. Now, instead of $12, 000 I'm making in a year off the profit -- because, remember, we -- we have to take into consideration is the insurance. Do you know the difference in the insurance from -- this property, from 2001, the insurance prices from 2001 to City of Miami Page 181 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 2009, it's more than doubled, and when you have a multiunit building, your biggest expenses are insurance, property taxes and -- insurance, property taxes and water and sewer, so we're getting hit by all angles; by the insurance, by also the property taxes. Now, how can we lower the millage? That's my question to you all because you all are the professionals in this. Chairman Teele: All right. Your time has expired. Get three people sitting here now -- Mr. Cimadevilla: OK Chairman Teele: -- to lower the millage and it's lowered, and it's -- and then they've got to lower some expenses somewhere, too. It's not hard to get three votes to lower the millage. The problem that you get into is -- Commissioner Gonzalez: Where do you cut the expenses? Chairman Teele: -- where do you cut, where do you want to cut, and that's sort of the dilemma that we're always with. It's what you call a zero sum business here. You can lower the millage, but you've got to also cut somewhere. Do you cut the Fire Department? Do you cut the Police? Commissioner Gonzalez: The police. Chairman Teele: Do you cut Parks? Mr. Cimadevilla: Well -- Chairman Teele: Do you cut -- Mr. Cimadevilla: -- but -- now -- excuse me, Mr. Teele. Chairman Teele: No, no, no, no. This is not -- you're -- you've had five minutes -- Mr. Cimadevilla: OK, sorry. Chairman Teele: -- on a two -minute -- if you've got something you want to say, you're more than welcomed, but it's not a -- Mr. Cimadevilla: Where could I fight for this, for the millage drop -down? Chairman Teele: The -- Commissioner Winton: You -- Mr. Cimadevilla: Whether it's getting signatures, because 1 have a lot of tenants. Chairman Teele: Well, I mean, the best place to go fight for this is at the County, but that's easy for me to say at the City, but -- I mean, candidly, the -- candidly, the issue that Commissioner Regalado discussed is one that he's expressing his personal view, and it's a very popular view, and that is that maybe the tax -- is it assessor? What's the constitutional officer? Commissioner Regalado: Appraiser. Chairman Teele: The tax assessor, I think, is the constitutional officer. That position should be elected, but that's sort of like the Public Service Commission when the rates got high. Everybody wanted to appoint them because they were all elected, and they got appointed and the rates still went up so, you know, I'm not sure it's a panacea, but I do think it would be totally impermissible City of Miami Page 181 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 to say you want to do it for the purpose of insisting that the rates go down because the Constitution of Florida requires that all rates be just and equitable, and within 95 percent, so I think discussing and getting in contact with Commissioner Regalado's office and his view that this should be an elected position is probably going to be a very popular position. Mr. Cimadevilla: And, Teele, as far as the rate being eight point -- Chairman Teele: Seven. Mr. Cimadevilla: -- 8.7, compared to other cities in Florida, is that the norm? Is that lower, higher? Chairman Teele: It's probably the high norm. It's probably the high norm. You've got to remember, Miami is the largest city in the State of Florida, with the exception of Jacksonville, which is a city and a county, and Miami Beach is 8.7 -- I'm sorry. Miami Beach is 7.2. Coral Gables is 5.9. Mr. Cimadevilla: 5.9? Chairman Teele: Yeah. Mr. Cimadevilla: Coral Gables? And we're paying eight point what? Commissioner Winton: Well, they don't have any poor people. Commissioner Gonzalez: Right. Commissioner Winton: So they don't have any -- they have no poor neighborhoods. We've got -- we -- Chairman Teele: Pinecrest, which is one of your richest neighborhoods, is 2.4. Mr. Cimadevilla: So the richer are paying less and the poorer are -- Chairman Teele: Generally. Mr. Cimadevilla: -- pay more. Commissioner Winton: No. Chairman Teele: Where's Bal Harbor? Bal Harbor's 2.9. Commissioner Winton: They don't have any poor neighborhoods to support, so all their -- Chairman Teele: And it's all in -- Commissioner Winton: -- property values are high. Chairman Teele: And Bal Harbor, for example, is all commercial. I mean, you know -- Commissioner Winton: Yeah. Commissioner Gonzalez: Yeah. Chairman Teele: -- you can count the residents on two hands. It's all, you know -- the Sheraton City of Miami Page 183 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 and the mall, and all of that stuff so, you know, poverty has a certain cost of social services that have to be delivered, and if you come here during community development public hearing, you can see the need that the previous speaker talked about and makes a good point. What are we doing in our budget for the poor people? Because poverty has a very, very high cost. I will say this. It's not going to -- and to Commissioner Winton's point, I'm not very comfortable with the budget and the budget direction because Commissioner Winton is right. Things are going to get worse as it relates to property taxes -- Mr. Cimadevilla: Yeah. Chairman Teele: -- because one of the by-products of all of this development is the available vacant land is shrinking, and so the existing land and the existing poor properties, especially, are going to go up because of redevelopment opportunities -- Mr. Cimadevilla: Exactly. Chairman Teele: -- and so, you're going to get squeezed on both sides. Mr. Cimadevilla: Both sides. Chairman Teele: And I'm very painfully aware of that. 1 mean, I'm looking at property values, particularly, in the Wynwood area and the Little Haiti area. In the southern part of Little Haiti, property values are beginning to go through the roof and that's the by-product of a great new project called Midtown, and Midtown is going to change all the values within a circle around there, so 1 think, you know, we need to draw the line and be very careful about our reoccurring costs because I think we may be, you know, entering into a very, very dangerous (UNINTELLIGIBLE). I personally would like to see us look at maybe taking another run at the fire fee and providing relief that way, you know, if it can be done this year, and maybe holding up on some of the technology enhancements, but that's the discussion for the -- that's the -- that's for the discussion when the Commission gets into it, because we had a briefing by somebody recently that talked about the technology and everything -- oh, the Supervisor of Elections, you know. Commissioner Winton: Yeah, where technology made us worse. Chairman Teele: We're talking about all of these technological advances -- Commissioner Winton.: And we're worse. Chairman Teele: -- and, yet, they can no longer accommodate having a runoff a week later. I mean, they've been having a runoff in Miami for 50 years a week later -- Commissioner Winton: Where it's done by hand Chairman Teele: -- but with all of the technological advances and all the money that we're spending in technology, it's impossible now to have a runoff in a week so, you know, dah, go figure. 1 mean -- so I think we need to be careful that we're not replicating this, particularly, when I hear people talking about the need for services because, clearly -- and Commissioner Gonzalez touched upon this -- clearly, this whole NET process has gone through a serious degradation over the last two years. I mean, it's really, really, really not what it was. People have got to come down to the MRC (Miami Riverside Center) building to do anything, so we're -- you've raised some good points and we're listening to all of you, and we appreciate everyone that's come out and -- on these issues. Is there anybody here on any other issue, or are you on this issue, as well? City of Miami Page 184 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Unidentified Speaker: No. Mr. Cimadevilla: Thank you. Chairman Teele: Well, no matter what you're here on, please come forward. Mr. Spring: May I be recognized? Chairman Teele: Mr. Spring, Director. Mr. Spring: I just wanted to add to the Commission that my department is been working with the Property Appraisal's Office to conduct a study, folio by folio, of what the assessed value was last year versus what it is this year, and we're in the process of finalizing that report and we'll have it for the Commission so we can look at it by district and by property to know what the increases are. Just wanted to add that to the record Chairman Teele: I'm going to tell you. Those studies are very dangerous. 1 saw that backfire on a Commissioner from Hialeah when 1 was on the County, because then the people start studying and they said, oh, there's something wrong here, and then they went in and added more value to everybody within the study area, so sometimes you need to be real careful. I hope you're not studying my area. 1 hope you're studying -- Commissioner Gonzalez: Leave Allapattah out of it, too. Chairman Teele: He said leave Allapattah out, too. Yes, ma'am. Welcome and we apologize for the delay. Eileen Bottari: It's OK. My name is Eileen Bottari. My address is 505 Northeast 76th Street and 1 reside in the Upper Eastside. I've lived there for 21 years. I'm here tonight to talk about Parks and Recreation Department in the budget. I have worked with the Parks and Recreation Department for the past five -- eight years with a group of residents in the Upper Eastside, specifically, at Legion Park, and 1 was made aware of some serious issues that lowered the standards of the Recreation Department because there was not enough money in the budget. We had 220 children registered for the summer program at Legion Park, and 30 percent of those children, Commissioner Teele, were from your district, so this directly affects you, too, and I'm sure these are issues that are happening in all the parks. We do not have enough tables and chairs. I contacted Juan Pascual, who's the Chief of Operations, and asked him if we could get 50 more chairs and 10 more tables, and 1 was told by him that there was no money in the budget until October for tables and chairs to be purchased. We also needed another refrigerator, and there was also no money in the budget for another refrigerator. I asked Mr. Pascual, just exactly how many tables and chairs would you need for all of your community centers that are housing summer programs? He told me he needed to order, right then and there, 500 chairs and 50 more tables, and a number of refrigerators. Some of the community centers don't even have refrigerators that need them. We did receive one last year and we needed another one for 220 children. We had ordered a Ping-Pong table and it was not delivered. 1 contacted Robert Gonzalez, the supervisor, two weeks after the summer program and asked him why the Ping- Pong table was not being delivered, and 1 was informed that the Recreation Department does not have a delivery truck They were trying to find a truck from some other department that they could borrow so that they could start to deliver supplies to the community centers. They -- Chairman Teele: Did they suggest that they had the Ping-Pong table, but they didn't have a way to deliver it? Ms. Bottari: It was in the warehouse and they had no way to deliver it. They finally rented a truck, so we have a Recreation Department that does not even have a delivery truck that's City of Miami Page 185 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 permanently assigned to them. After the summer program ended, I met with the Park Manager, Eddie Quintana, to discuss the program and where we needed to make improvements, and the main issue that came up was the swimming program. There's two parts to the swimming program: There's the Learn To Swim and then there's the Recreational Swim. At Legion Park, there were 100 children that wanted to participate in the Learn To Swim. Mr. Quintana was told he could only pick 15 children to participate. That means that 85 percent, or 85 children, were not allowed to participate in the Learn To Swim Program. Why? Because there was not enough money in the budget to hire enough swimming instructors or lifeguards, or the buses to transport the children over to the park. We have a Recreational Swim Program. Chairman Teele: Which park were they going to? Ms. Bottari: Morningside has a swimming pool, so they were going through Legion Park, which is on 64th Street and Biscayne, over to Morningside, which is on like 58th Street, 56th Street, but the main reason was there was not enough money in the budget for swimming instructors and lifeguards. We also have a Recreational Swim Program. Now the summer program is eight weeks long. Within that eight weeks, the Recreational bus came only one time, and Mr. Quintana had to choose 60 children to go to Recreational Swim. With such a large amount of children, we should be able to supply the summer program with a bus every week so that the children go for Recreational Swim. Through the whole summer, only one time did the bus come. I applaud the Mayor's efforts to expand the program with his Hearts in the Park. He hires reading tutors and dance instructors, but I can tell you this: That there isn't a child out there that ever drowned because they didn't know how to read or learn how to dance, OK. We need to make it a priority in our recreational program that any child that registers in our summer program and wants to learn to swim can participate and learn to swim. Tables, chairs, a delivery truck, swimming instructors, lifeguards and buses to transport children; these are the basics, the bread and butter, of any recreational program, and they were missing in ours this past summer. Commissioner Regalado: Can I ask somebody, maybe Alicia, 1 just read -- Chairman Teele: Excuse me. Before you do, is the Parks Director or a representative of the Parks -- Commissioner Regalado: She's the Chief of the Parks Department. Ms. Cuervo Schreiber: Commissioners, Alicia Cuervo Schreiber, Chief of Operations. I apologize. Ernest had a family situation that he had to go out of town. To address the constituent, we do recognize our shortfalls in the Parks Department and, as a matter of fact, Ernest Burkeen, our new Director of Parks, was working on new summer programs, and to bring a new program before you, a legislative package for your approval, so we hope that we will improve some of those services for next year, and that you will be -- Vice Chairman Sanchez: Focusing -- Commissioner Regalado: Yeah, but -- Commissioner Winton: But it's all going to take money. Chairman Teele: Hold it, hold it, hold it, hold it, hold it. Ms. Cuervo Schreiber: Focusing -- Chairman Teele: That's -- City of Miami Page 186 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: Yeah. Chairman Teele: -- that's not where we are. This lady is at the right place -- Vice Chairman Sanchez: At the right time. Chairman Teele: -- at the right time. I mean, because if we don't fix it here, it's not -- Commissioner Winton: It doesn't get fixed -- Chairman Teele: -- going to get fixed Commissioner Winton: -- because it's about money. Chairman Teele: Say again? Commissioner Winton.: It's about money. Chairman Teele: It's about money and it's -- Commissioner Winton: It's now or never. Chairman Teele: -- about priorities, and it's about priorities. Commissioner Winton: Not new programming. Commissioner Regalado: I -- I'm looking here because one of the information that 1 received from the management is about the grants. Two weeks ago, the City got $500, 000 from the Children's Trust to -- for the Hearts in the Parks Programs. I think it's pretty nice that they -- the children learn to dance and sing, but what she's saying, it overshadows everything, you know, and I don't know if we can use that money. That money is tied because it's coming from the Children's Trust, which we pay in our taxes, by the way, and if we have a remedy to use some of that money for infrastructure and to obtain, I mean, tables. I mean, you know, Alicia, that it was very painful, very painful to tell 30 parents that their children will no longer be able to attend the childcare center in Shenandoah Park. There was a rally here announcing me and all the TV stations came and all that, but the most tragic thing was that the building was about to fall, and had Charley gone by closer, that building would have collapsed, hopefully, without anybody inside. We have a problem. 1 mean -- and I'm wondering, those monies for Hearts in the Parks or whatever, can we use that as an emergency, or are the monies allocated already? Ms. Cuervo Schreiber: I believe that Mr. Burkeen was meeting with each one of the Commissioners to discuss that very funding, to see if we could use it for programs like this. Commissioner Regalado: He hasn't meet with me. Vice Chairman Sanchez: He met with me. Commissioner Regalado: Maybe -- Vice Chairman Sanchez: He met with me. Ms. Cuervo Schreiber: He met with you -- Vice Chairman Sanchez: And did discuss some of those issues. City of Miami Page 187 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Cuervo Schreiber: -- asking the Commissioners to commit that money to these types of programs, so we will reschedule those meetings when he gets back in town. Commissioner Regalado: No, no, no, no. I commit to him what was left of what the Bayfront Trust gave every Commissioner because, before Mr. Burkeen came in, there was a huge deficit in the Parks Department, and Javier Fernandez came and asked for some of that money, of the $100, 000 for District 4, because they have run out of money for the summer programs or the parties that we're having in the park -- in the parks. I told him he can use $50, 000, and the rest of the $100, 000, I told Mr. Burkeen that, since I trust him, he can design programs for parks in District 4 and use that amount of money, but I'm not talking about the money. I'm talking about $500, 000 from the Children's Trust, the thing that Pinellas -- Ms. Cuervo Schreiber: Yes. Commissioner Regalado: -- saw those as -- to buy insurance for the kids, and now it's a part of $16, 000, 000 and they give grants and all that. City got $500, 000 grant for the Hearts in the Parks Program; that is for music and parties, and all that, I guess, during the summer. My question is, can we use some of that money to buy some tables, or to bring the Ping-Pong table? Chairman Teele: I don't -- Ms. Cuervo Schreiber: I don't know the answer to that, but I will meet with the Grants Office and get back with you immediately. Chairman Teele: May I, respectfully, recommend? First, your testimony, in my mind, is some of the most important testimony we've heard today. First, I had no idea that our Parks Department was in the shape that it's -- that you're representing, and I know there's two sides to every story, but one of the -- Mr. Bottari: I got all my information from people -- management in the parks, so it's pretty accurate. Chairman Teele: OK, but one of the things that we have to agree on, I think, as a policy matter, is that we have to commit to children who want to learn how to swim. Unidentified Speaker: Yes. Chairman Teele: We have spent more money, hundreds of thousands -- I deferred today a deposition this morning, at 9 o'clock, about a kid that drowned in a swimming pool. We've had too many drownings in this community, both in the City and in the County, and I think, as a matter of policy -- and I've heard it a hundred times over at Gibson Park. We don't have people -- money for lifeguards, et cetera. I think, you know, we sort of need to get a sense of the Commission as to whether or not we want to prioritize swimming as a summer program in the manner that you're outlining. I mean, there are a lot of things that are important, you know -- Commissioner Winton: 1-- Chairman Teele: -- but 1 can't think of anything that's really more important that we ought to try to do, to the extent that we can accommodate it because we do have a problem with capacity of our pools, but the dollars for summer coaches should not be the problem. Commissioner Winton: It -- but I will tell you that if we direct staff to -- OK, you've got to set as a priority in your summer program, swimming lessons. If we don't fund it -- Chairman Teele: Here. City of Miami Page 188 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: -- they're just going to take it away from something else. Chairman Teele: Something else. Commissioner Winton: And you said it right, right from the get -go. Our decision tonight is simple. We're either going to take money from somewhere else and put it into the Parks and Recreation Department for next year, or we're not, and if we don't, then we're going to hear and have -- we're going to have the same problems next year as we had this year -- Commissioner Regalado: Right. Commissioner Winton: -- and we're going to hear the same issue from Eileen next year -- Commissioner Regalado: Right. Commissioner Winton: -- as you heard this year, so it's real simple math in my mind. It is, either we're going to direct the Manager -- the Budget Director to take $1, 000, 000 from somewhere else in the operating budget of the City and put it in Parks for summer programs, or we're just going to be kind of fooling us and everybody else. Commissioner Regalado: Well, say that we're analyzing and -- Commissioner Winton: Yeah. Commissioner Regalado: -- everything will be better. Commissioner Winton: Yeah. Commissioner Regalado: It's about money. Commissioner Winton: It's about money. Juan Pascual: Mr. Chair, if I may? Juan Pascual, Chief of Operations for Recreation, City of Miami Parks and Recreation Department. You're absolutely correct, that the Learn To Swim Program is crucial, critical and, especially, in the City of Miami, with all of our waterways, lakes and ocean that we deal with. This summer we taught, free of charge to the public, for City residents, 2,000 -- approximately 2,500 kids learned to swim through our Learn To Swim Program. The limitation that we had on the program was transportation because we have limited transportation to get the kids from the parks that do not have pools to those pools, so our resources -- if we can have additional resources for transportation, we would probably be able to serve more of those kids, but we did service 2,500 kids this summer on free Learn To Swim. A lot of the kids came to us also through the Red Cross Voucher Program that was instituted, in which we were able to recoup some of those expenses through the voucher program through the Red Cross program. Commissioner Winton: But it still is the same issue. There's nothing dfferent here. Instead of hiring consultants, we could rent vans during the summer, but it's money. Chairman Teele: But, Commissioner, with all due respect, there are two things. First, you were here at 3:30 this afternoon when 1 made the same statement that the lady made. The number one problem that you have in the poor community -- Commissioner Winton: Right. City of Miami Page 189 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: -- is transportation, and that's why I asked Barbara Rodriguez to take any dollars that we have and let's put them in vans for people, particularly, in the area where you don't have parks. Commissioner Winton: Yeah. Chairman Teele: And the other -- to the other point, I'm not sure what you meant when you said there were 200 people, or some number of people that came from my district -- Commissioner Winton: No, 30 -- Chairman Teele: -- to that particular park Commissioner Winton: -- 30 percent. Ms. Bottari: No. We had 220 children that registered for the summer program, and 30 percent of them were from your district. Chairman Teele: Yeah, and I assume that's a good thing or something, but let me say this. No one is more aware and has sensitized this Commission to the need for a park to be on the other side of Biscayne Boulevard. The parks are open to everyone, without regard to neighborhood or gender or race or national origin, but I, for one, have said that the Little Haiti community should not have to cross Biscayne Boulevard, which Legion Park is on the boulevard, to have to go to -- and 1 support the notion and this Commission has supported -- and more importantly, the citizens have supported the notion of building a first-class full service park in Little Haiti, because there's no need to have children to cross the Mississippi River or the Biscayne Boulevard, or any of these major waterways or thoroughfares to go to a neighborhood park, and so we're moving -- we are moving 100 miles an hour, I believe, in trying to get the park open over there, and I think that will ease that condition, but 1 do recognize that there are some unique challenges when you have kids from one culture and one other -- another language, in many cases, coming into neighborhoods where you have children from a different culture, and we celebrate our diversity, but I don't think we should have people without neighborhood parks, and so we're dealing with that issue, and I think this will probably be the -- the summer coming up will be the last summer that that will be the major -- a major problem, but again, parks belong to everyone and we try to celebrate that. Again, I can assure you that 1 will be working, as we go through the final budget, to look not only at moving money from the Parks Department -- or to the Parks Department, which 1 will support, but also looking at the priorities of the Parks Department, and 1 met with the Parks Director on one issue privately, which I will tell you publicly. I don't think we should learn -- teach our children how to bump and boogie in Model Cities. They can do that pretty well, and I'm very, very frustrated with some of the park programming. 1 think we need more culture. We need more -- Commissioner Winton: Teach them to what? Chairman Teele: Huh? Commissioner Regalado: Boogie. Commissioner Winton: Teach them to bump and boogie? Chairman Teele: Bump and boogie, which is -- Vice Chairman Sanchez: Bump and grind and boogie, man. Chairman Teele: -- which is too much of that. I'm not a prude. I'm not against --1 just think City of Miami Page 190 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 kids are going to learn that anyway. Kids -- Commissioner Winton: Yeah. Chairman Teele: -- you know, you don't need to have that as a summer -- as a cornerstone program. Maybe in Aventura, it might be nice, Senator, to take some of our kids up to teach them, but trust me. I mean, you know, we need to teach our children how to swim, and as far as I'm concerned, in the parks that 1 have the privilege of representing, I'm going to be fighting for culture programs and swimming and safety programs, and I do think it's a question, also, of not just moving dollars there, but as Commissioner Regalado is alluding to, prioritizing the kinds of programs that we're sponsoring in our parks, so thank you very much for your testimony. Are there any other persons to -- Senator. Senator Ron Silver: Thank you, Mr. Chairman. Ron Silver, law offices at 407 Lincoln Road, Miami Beach and attorney for the GESE Retirement Trust. We have a little problem here and, obviously, I'm going to look to the Commission to resolve it. I was going to make this presentation during a resolution that was going to be coming up. The only problem is that there's a resolution approving the FIPO budget, but there's not a resolution approving the GESE budget, and when Mr. Spring made his presentation, he was talking about us coming forth and talking about our budget, but there's no resolution on that, and the Law Department tells me that since it wasn't advertised, it's not something that you can just add on and do and you can take a vote. You can't do that, so I'm standing up here -- I don't know if I'm supposed to be standing up at this time or not, or whatever the case might be, but we're prepared. We're here. We have the Vice Chairman, Mr. Tompkins. We have Sandra Ellenberg, our administrator, and we can make the presentation at any time, but I just thought at this time -- Chairman Teele: Have you all met with Mr. Spring yet? Senator Silver: Yes, we have, 1 believe. Yes. Chairman Teele: Has anybody from -- Mr. Spring, have you all had a good meeting and do you all understand -- Mr. Spring: No. I have not met with -- I have not met with GESE yet. Senator Silver: You haven't met with Sandra? Mr. Spring: No. Senator Silver: 1 think there was a meeting. Mr. Spring: To discuss their budget. Chairman Teele: Sandra. Sandra Ellenberg: 1 met with you like two months ago when you met with -- Mr. Spring: No, no, no. That was a meeting to inform all of the outside agencies, and I believe they're here represented -- Chairman Teele: Sandra, meet Larry. Larry, meet Sandra. Ms. Ellenberg: I already met him, but OK. Chairman Teele: OK, well -- City of Miami Page 191 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Senator Silver: 1-- Chairman Teele: -- I can assure you that we will have it on the -- Mr. Spring: 23rd. Chairman Teele: -- on the budget hearing for the 23rd. Senator Silver: OK. Chairman Teele: But what the Director has signaled to me earlier today is that he really needs to meet with the Chairman of the Board -- Senator Silver: OK. Chairman Teele: -- along with the Executive Director, or the representative of the Chairman, but a board member, and the real issue is getting more data; is that correct? Mr. Spring: Right. Senator Silver: Well be happy to do that. The only problem is, on the 23rd, the next meeting, Ms. Tompkins and I have to be up in New York in Federal District Court on behalf of collecting some money for the City on a class action suit against one of the companies. It's a final court hearing, but Ms. Ellenberg can be here and the Chairman can be here, and we can do that, but 1 didn't know if you wanted to hear a presentation today or -- Commissioner Winton: No. Vice Chairman Sanchez: Yeah. Senator Silver: No, you didn't want to do that. OK. That's -- Chairman Teele: We need for the presentation to be made to the Budget Director first. Senator Silver: OK. Vice Chairman Sanchez: Always a pleasure, Senator. Senator Silver: Yes. Vice Chairman Sanchez: And it's a first. Chairman Teele: And, Senator, if you'd like to register for some of our bumping -- Vice Chairman Sanchez: First budget presentation in six years -- Senator Silver: That can be -- Vice Chairman Sanchez: -- that I've seen. Senator Silver: That can be part of our cultural exchange program for Aventura, the bump -- what's that called again? Bump and -- Commissioner Winton: Yeah, the bump and -- City of Miami Page 192 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: Bump and grind. Bump and grind. Chairman Teele: Thank you. Senator Silver: Thank you. Thank you. Chairman Teele: Thank you and thank you for years of service to our community, sir. Senator Silver: Thank you. Commissioner Winton: Something about boogie in there. Chairman Teele: Thank you. Are there any other persons? If not, the public hearing on this part is closed. Now, there are going to be -- we have about seven ordinances, so the public hearing's going to be opened up right away -- Vice Chairman Sanchez: All right. Chairman Teele: -- and, Mr. Vice Chair, I yield back You're presiding. Vice Chairman Sanchez: Yes, sir. First item, we just closed the public hearing. BH.2 04-00983a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION DEFINING AND DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00983a-cover memo.pdf 04-00983a-ord inance. pdf 04-00983a - submittal.pdf Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Vice Chairman Sanchez: We'll go to BH.2. It's an ordinance, first reading. Is there a motion? Chairman Teele: So move. Vice Chairman Sanchez: There's a motion. Is there a second? Commissioner Winton: Second. I'm sorry. Vice Chairman Sanchez: OK. Commissioner Winton: Asleep at the wheel. Vice Chairman Sanchez: Second. Open for the purpose -- Commissioner Winton: Wait, wait, wait. City of Miami Page 193 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: -- of discussion. Hearing none, Mr. City Attorney, read the ordinance. Commissioner Winton: No, no. I'm trying to get caught up here. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Teele: I can't hear you, ma'am. Is that -- is your mike on? Maria J. Chiaro (Assistant City Attorney): Yes, sir. Vice Chairman Sanchez: Sir, would you like her to repeat? Commissioner Winton: Oh, 1 didn't hear a thing she -- Vice Chairman Sanchez: Yes. Could you please read it again? The Ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner -- Chairman Teele: Let's be clear. Commissioner Winton: I thought we did this. Larry Spring (Chief of Strategic Planning, Budgeting and Performance): No. Chairman Teele: What is the -- Vice Chairman Sanchez: No. Commissioner Winton: What item is this? Vice Chairman Sanchez: This is BH.2. We didn't vote on -- Ms. Thompson: BH.2. Vice Chairman Sanchez: Commissioner Winton, we have not voted on this item, sir. Commissioner Winton: Well, we discussed it forever. How did we not vote on it? Vice Chairman Sanchez: No. We didn't vote on it. Ms. Thompson: BH.1 was just a discussion. Vice Chairman Sanchez: We have to go through the process. Commissioner Teele -- Commissioner Winton: No, no. I discussed -- Vice Chairman Sanchez: -- you're recognized, Mr. Chairman. Commissioner Winton: -- this issue over the $250. We had a 10-minute -- 20-minute discussion about it today. PH.2 -- City of Miami Page 194 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Thompson: No, no, sir. "B" -- Mr. Spring: BH (Budget Hearing). Ms. Thompson: -- as in "boy." Commissioner Winton.' Oh, no wonder. Yeah, OK. BH. Ms. Thompson: "B" as in "budget." Commissioner Winton: Thank you. I'm sorry -- Commissioner Gonzalez: BH.1. Commissioner Winton: -- Commissioner Sanchez. Vice Chairman Sanchez: Commissioner Teele. Ms. Thompson: We're in the "B" sections. Vice Chairman Sanchez: Do you wish to be recognized, sir? Chairman Teele: What is the rollback rate? Mr. Spring: The rollback rate is -- Commissioner Winton: Seven -jive something Mr. Spring: -- 7.5624. Chairman Teele: And that was read in the ordinance that she just read? Mr. Spring: It was -- I read it into the record as part of BH.1. Vice Chairman Sanchez: BH.1. Commissioner Winton: B. Vice Chairman Sanchez: The item is still under discussion. Commissioner Winton: So where are we now -- right now on this? Vice Chairman Sanchez: Under discussion. 1 think Commissioner Teele is doing some research on it. Chairman Teele: And based upon our action in July, what did we trim -- at 7.5624? -- what did we trim at? Mr. Spring: You mean, what was our -- what did we set our cap at? Chairman Teele: Yes. Mr. Spring: We set our cap at 8.7625. Chairman Teele: So in other words, we're getting ready to adopt a rate that is consistent with City of Miami Page 195 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 the trim notice. Mr. Spring: Correct. Vice Chairman Sanchez: Exactly. Chairman Teele: But it's approximately 1.2 mills higher than the rollback rate. Mr. Spring: That is correct. Commissioner Winton: Correct. Commissioner Regalado: But why? Commissioner Winton: 15.87 percent. Vice Chairman Sanchez: Yep. Chairman Teele: Well, see, that's the 15 percent that the gentleman was talking about -- Mr. Spring: Talking about. Commissioner Regalado: Right. Chairman Teele: -- in his notice. He had two problems: Number one, his valuation went up by $200, 000. Vice Chairman Sanchez: And then the other issue, he didn't have homestead exemption. Chairman Teele: Well, that's why it went up, is that he didn't have homestead exemption, and his property tax -- his assessed value went up by $200,000, and then the difference was the 15.7 -- or 15.87, which is where we are right now -- about to take. All right. Vice Chairman Sanchez: All right. Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. BH.3 04-00983b ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2005; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. First Reading City of Miami Page 196 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00983b-cover memo.pdf 04-00983 b-budget. pdf 04-00983b-revenue summaries.pdf 04-00983b-appropriation summaries.pdf 04-00983b-general fund.pdf 04-00983b-debt service funds.pdf 04-00983b-special revenue funds.pdf 04-00983b-capital improvements.pdf 04-00983b-other agencies.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Noes: 1 - Commissioner Regalado Direction to the Administration by Chairman Teele to "freeze" the funding of 84 new positions for 90 days. Direction to the Administration by Commissioner Regalado to bring back a recommendation at the Commission Meeting currently scheduled for September 23, 2004, to move $250, 000 to the Police Budget and $50, 000 to the Fire Department Budget to fund Commission mandated Special Events for in -kind services. Direction to the Administration by Commissioner Winton to bring back precise budget numbers, line item by line item, for the Economic Development Department, at the Commission Meeting currently scheduled for September 23, 2004. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to direct the City Manager to find an additional $I, 000, 000 for the Parks Department, specifically to fund summer programs, including swimming programs, and to aid in transportation issues. Vice Chairman Sanchez: OK. BH. 3, ordinance, first reading. The Ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Sanchez: Is there a motion? Commissioner Winton.: So move. Vice Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second by Commissioner Gonzalez. It is open for discussion. Commissioner Winton: Well -- Vice Chairman Sanchez: This is first reading. Commissioner Winton: -- isn't this the opportunity? Chairman Teele: Yep. Commissioner Winton: This is the only opportunity, right? City of Miami Page 197 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: Yep. Commissioner Regalado: This is BH.2, right? Commissioner Winton: It's now or never. Chairman Teele: This is the only opportunity. Commissioner Regalado: This is BH.2? Vice Chairman Sanchez: Well, this is first reading. There's always -- Chairman Teele: First reading. Commissioner Winton: Oh, OK. Chairman Teele: This is PH.3. Vice Chairman Sanchez: 1 mean -- Priscilla A. Thompson (City Clerk): BH -- Larry Spring (Chief of Strategic Planning, Budgeting and Performance): BH.3. Ms. Thompson: BH.3. BH. Vice Chairman Sanchez: BH.3. Chairman Teele: BH. Commissioner Winton: "B" as in "boy." That kept -- Commissioner Regalado: Larry, where is -- Chairman Teele: Budget hearing. Vice Chairman Sanchez: It is first reading, for the record. Commissioner Regalado: Larry, where is the budget on page -- well, it doesn't say in the number. Here. The "One City, One Future" thing. Where is the budget for Code Enforcement and NET (Neighborhood Enhancement Team)? Mr. Spring: If you turn to the last section of the budget book, it's the last blue -- Commissioner Winton: Of what book? Mr. Spring: Excuse me. Next to last section of the colored book that I passed out -- that my -- Chairman Teele: In Section 5, on Page 3 of 6, is the Neighborhood Enhancement Team at 3.595? Mr. Spring: Correct. That is the total appropriation. Chairman Teele: And Code Enforcement is 3.5. City of Miami Page 198 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Spring: Within the ordinance itself on Page 3 of 6, you have the total appropriation, underneath the special revenue section. Code Enforcement, 3,501,000. NET, 3,595,000. Commissioner Winton: Yeah, 1 see it. Parks and Recreation is 1,779,000; is that right? Mr. Spring: No. Well, that is their special revenue fund. Commissioner Winton: Oh, that's on the fund side, OK. Mr. Spring: Yes. Commissioner Regalado: So the budget of NET is 3,500, 000 and the budget of Code Enforcement is 3, 500, 000, right? Mr. Spring: That is correct, sir. Commissioner Regalado: So what's the benefit, in terms of savings, that we get when we separate those departments? Savings. Mr. Spring: The benefit in the terms of savings from the split? Commissioner Regalado: There were none, right? Mr. Spring: I -- yeah. I couldn't quanta that right now. Commissioner Regalado: OK. Chairman Teele: Gentlemen, let me just say this. 1 am very much persuaded that we should take 90 days before we finalize what we're doing, and 1 really think these salary -- not salary, but the personnel decisions, should be placed into a reserve, and we need to look at this thing, I believe, in 90 days or so. Commissioner Winton: In terms of that increase of 84 positions. Chairman Teele: Yes, sir. Commissioner Winton: That's the only place we could look. Chairman Teele: I mean, I don't want to take it out of the budget, but I'm not comfortable, at this point, moving forward with that many positions -- Vice Chairman Sanchez: Mr. Chairman -- Chairman Teele: -- with -- Vice Chairman Sanchez: -- just for point of clarification, you wanted to extend it 90 days? That means that we won't have a budget. We'll be operating on last -- on this -- Chairman Teele: No, no, no, no, no, no. Mr. Spring: Freeze the hiring. Commissioner Winton: He's saying we would approve this budget. Chairman Teele: You would approve the budget, but you would back out the salaries and City of Miami Page 199 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 benefits associated with those positions -- Commissioner Winton: And make a discussion come back. Chairman Teele: --from the various departments. Vice Chairman Sanchez: Oh. Chairman Teele: You would back out the -- Vice Chairman Sanchez: All right. Chairman Teele: -- table -- Commissioner Winton: The line -- Chairman Teele: You'd back out the personnel allocation in the table of -- Commissioner Winton: Well, you could leave it in. You just don't -- you won't authorize spending any of the dollars for those until we have further discussion about it. Commissioner Regalado: It's not enough. Chairman Teele: Well, you could do that. I mean -- but that just assumes then that you're going to do it, and I'm just not sure -- Commissioner Winton: Not in my mind Chairman Teele: -- that that's what you want to do. 1 mean, I'm listening to your debate -- your discussion, you know. We're getting ready to drive this thing pretty close to the edge here, and -- Commissioner Winton: Well, I'm as nervous as you are. Chairman Teele: I think you're -- unfortunately, I think you're more right than wrong on the ad valorem window, looking out two years, three years, and then it could very well go to zero, and then it's going to be a lot of people saying, why the hell did we do this or why did they -- why did -- Commissioner Winton: Why didn't we fix it -- Chairman Teele: -- they do that? Commissioner Winton: Why didn't we fix it when we had a chance? They'll say. Chairman Teele: Yeah. Vice Chairman Sanchez: Now -- Chairman Teele: And 1 just think we're -- Vice Chairman Sanchez: Mr. Chairman, by doing that, would we jeopardize any of the grant money that's given to us? Will we have to be forced to give it back if we don't utilize it by federal laws? Commissioner Winton: But see, that's why I think -- why I'm suggesting, Mr. Chairman, that we City of Miami Page 200 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 could still approve the budget, as it's written, but we could create a new resolution tonight, which forbids the Manager from spending any of those dollars without a further review of every single one of them, which review would happen within a 90-day window. Chairman Teele: Well, 1 mean, that's, perhaps, true, but 1 think -- Commissioner Winton: Because some of them, you're going to -- Chairman Teele: -- you've got the budget before you now. You need to segregate those dollars and you need to know what you're -- what we're talking about, so we know -- Commissioner Winton: Agreed. Chairman Teele: -- exactly how many dollars we are. Now, you know, as long as that resolution is segregating those dollars because, you know, they have the flexibility to move dollars around from -- Commissioner Winton: Because we're not going to -- we're -- even if we had the full debate on it tonight, we wouldn't withhold all of those because there are some of them that are going to -- as Joe said, some of those are tied to fulfilling obligations on grants we got from the Feds on police stuff, so we would -- we likely wouldn't change that anyhow, but on terms of new positions and some of this other stuff, we may make some real changes in that. Chairman Teele: Well, the $200, 000 associated with the twenty -some positions -- Commissioner Winton: We're not going to mess with that. Chairman Teele: -- that's not up for discussion. Commissioner Winton: No. Chairman Teele: I mean, that's sort of -- Commissioner Winton: That's peanuts. Chairman Teele: -- a no-brainer. Commissioner Winton: Yeah. Chairman Teele: But then, weren't we up to $14, 000, 000 in new salary positions? Commissioner Winton: I think. Mr. Spring: No. Actually, the remainder is about 3.7 for the new positions. Chairman Teele: For the 87 positions? Mr. Spring: Yeah, for the remaining positions, and that's -- the reason why it's 3.7 is because some of those positions, in the budget, they're not scheduled to be funded from day one. Some of them are three months out, six months out. Commissioner Winton: Well -- but where you'd want to look at is what the full impact of that -- of those new positions are because that's recurring, so it's not a three million -- it might be a three point some million dollars -- City of Miami Page 201 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Spring: Right. Commissioner Winton: -- this year, but it could be -- Mr. Spring: Exactly, exactly. Commissioner Winton: -- a $6, 000, 000 impact per year beginning next year. Mr. Spring: Right. Chairman Teele: Well, 1 didn't interrupt your presentation, Larry, but when you put up the slide on police, the issue was recruitment -- Mr. Spring: Yeah. Chairman Teele: -- and I remember distinctly, not to go into shade meetings but, certainly, the public discussion has been that we wanted to focus on retention. When did retention get dropped and recruitment get added? 1 mean, we looked at how do we transfer people from other police departments. You know, one of the things that Miami -Dade County should be looking at -- and I'm sure that once the new Mayor is in, 90 days from the day he is elected, they'll announce an emergency and start mobilizing to cut positions, because they've got a huge budget issue over there that is still undefined at this point, but I would predict that you're going to see a lot of Miami -Dade people looking for positions. The municipalities are all hiring from Miami -Dade. I mean, the City of Pinecrest, virtually their entire Police Department are new hires from -- on lateral transfers. Commissioner Winton: What's that have to do with where we are? I'm lost. I'm not following this. Chairman Teele: Well, what it has to do with is the fact that we have repeatedly said we need to retain existing police officers in the City, or we need to transfer people in so we're not in a mode where we're trying to hire 100 new police officers a year and, given the learning curve, it takes two to three years for a police office to become seasoned, and so my question was, why did we drop the notion that we were going to work toward a retention program? Mr. Spring: I wouldn't say that we dropped the notion. I think we took the Commissioner's directive from the last meeting. We met with Police Employee Relations and devised a strategy, if you will, to deal with our attrition issue in the Police Department. A plan to -- was set out to add another 100, I think it was, positions, at a cost of around 4.2, and that would be three recruitment classes over the next year. I think I shared the actual spreadsheet with each of you during my briefings. The issue of retention, you know, I want to be careful to tread lightly -- Commissioner Winton: Could you hold on for a second? Mr. Spring: Sure. Commissioner Winton: As it relates to the budget, you have to assume, whether they've done it or not, that they've figured out what their retention -- how their retention system is going to be successful, because they're putting in the budget they're going to add 24 new people over and above what they've already got approval for. Chairman Teele: Commissioner -- Commissioner Winton: You can't add -- City of Miami Page 202 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: -- are you certain -- Commissioner Winton: -- 24 new people over and above what you already have a chart approved for if you haven't done your retention, so I'm just saying that from a pure thinking about our budget standpoint, I don't -- the question that you're raising is probably a good question at some point, as it relates to a discussion about police retention -- Chairman Teele: No. Commissioner Winton: -- but from a pure budgeting standpoint, you have to assume that they've solved that problem, otherwise, you couldn't hire 24 new people over and above what you've already got a box for. Chairman Teele: Commissioner, I'm assuming the following: That it is much cheaper to retain people in the short-term than to hire people. Commissioner Winton: I agree with that, and 1 get that. Chairman Teele: And so, I don't see any provisions in this budget to retain people, and my question is then -- apparently, you know the answer -- what is the -- Commissioner Winton: No, 1 don't. Chairman Teele: Well -- but you -- what's the assumption on the attrition that we're looking at for the coming year? Because this Commission, in 1980, sat by and allowed a horrible thing to happen to the City of Miami Police Department, which has taken some 25 years to recover, and that is, we went down so low on our -- on the attrition that we wound up hiring, and hiring, and hiring, and getting too many young, inexperienced police officers. Then two or three hundred police officers, in a two-year period of time, doesn't give you sufficient coverage in terms of supervision and training. It takes three years to cure a police. Mr. Spring: Again, I'll -- Commissioner Winton: Well, is the Police Chief here? Vice Chairman Sanchez: Look -- Commissioner Winton: I mean, he ought to be able -- Vice Chairman Sanchez: Let me -- Commissioner Winton: -- to answer this question. Vice Chairman Sanchez: Let me just put my two cents on this. I think, in the contract negotiations, some of those issues will be worked out. That's just me sit -- one vote here. What I do -- what I am worried about was the suggestion that was made that puts federal grant monies that we rely on in jeopardy, and that's a great concern to us because you're talking about millions of dollars. Chairman Teele: Commissioner, how many grant dollars are you talking about? How many grant positions are you talking about? Vice Chairman Sanchez: Talking -- what -- Chairman Teele: It's my understanding, there was less than -- City of Miami Page 203 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: -- what is the cops' grant? Chairman Teele: -- less than nine was what I was told at one point. Mr. Spring: We have -- it's -- we have seven positions coming over from the Distressed Neighborhood Grant. Chairman Teele: Seven? Mr. Spring: Seven. Chairman Teele: Less than nine. Vice Chairman Sanchez: Seven positions. Well, seven positions. That's -- how much is that? Chairman Teele: Well, those are protected. Commissioner Winton: Well, he gave us that number. That number was -- how much money was that, 400,000? Chairman Teele: A hundred thousand -- what he's saying, 100,000 to recruit and suit up and -- Mr. Spring: No. Vice Chairman Sanchez: No. Mr. Spring: Actually, we -- the spreadsheet that I provided you guys with to get the recruitment that we were looking at, which was 100 officers, a class in October, January and, I think, around March or April of next year, 100 police officers, totaled $4,200,000, including the indirect cost. It did not consider police car purchase, obviously, because those officers will not have a car assignment until after they finish, as you said, their seasoning period, which typically is 18 months to 2 years, so -- but in the -- Chairman Teele: Larry, what is the number, on an annualized basis, that you all are talking about? Mr. Spring: That -- Chairman Teele: Recruit and training of police. Mr. Spring: That's the S4,200,000 figure. Vice Chairman Sanchez: How much? Chairman Teele: Divided by how many? Vice Chairman Sanchez: I'm sorry. How much? Mr. Spring: By 100 cops -- police officers. Commissioner Winton: Four point two million, he said. Vice Chairman Sanchez: I'm sorry. I didn't get that. City of Miami Page 204 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: I think 4,200,000 -- Mr. Spring: 4,200,000. Commissioner Winton: -- for recruitment and training, so you divide that by the number of vacant -- or by the anticipated annual turnover. Mr. Spring: Well, it's -- that number is divided by 100 officers over -- being gradually brought into academy over a year's period. Commissioner Winton: Over a what? Mr. Spring: A year's period, a 12-month period. Commissioner Winton: Well, that's 40,000 an officer. That sounds pretty good -- like pretty good training to me. Chairman Teele: What is the annualized cost per officer based upon this number? Mr. Spring: If you give me one second, let me get the report. Commissioner Winton: Well, if it's 100 officers, then -- and -- what did you say the number was, 4,200,000? Chairman Teele: Four point -- Mr. Spring: Four point two. I have the report right here. Give me one second. Chairman Teele: Madam Manager, while he's looking for that, what is the percentage of the budget of the City of Miami that the Police Department represents for fully loaded -- on a fully loaded basis? Commissioner Winton.: What was the what? Commissioner Regalado: The percentage of the -- Linda Haskins (Deputy City Manager/Chief Financial Officer): I'll do a quick (UNINTELLIGIBLE) here. Chairman Teele: Roughly. Commissioner Regalado: -- Police Department budget. Commissioner Winton: Oh. Chairman Teele: The percentage -- you know, this thing is -- Commissioner Winton: It's 50. Chairman Teele: -- real simple to me. If you don't look at -- Commissioner Winton: It's 50 percent. Chairman Teele: -- Fire and Police and you're doing your budget, you're not looking at 70 percent of your budget. City of Miami Page 205 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: Well, 1 thought it was -- Ms. Haskins: You -- Commissioner Winton: -- I thought the two of them were 75 -- Chairman Teele: Well -- Commissioner Winton: -- 50 and 25; 50, Police; 25, Fire. Chairman Teele: Fully loaded. Commissioner Winton: That's what it's been every year since I've been here. Chairman Teele: Now, we spend all our time arguing about $15, 000 of this and $20, 000 of that. Ms. Haskins: For Police alone, 1 would say that the fully loaded budget is probably, at this point, about $170, 000, 000. On Fire -Rescue -- Commissioner Winton: A hundred and seventy to four -ten. Ms. Haskins: -- fully loaded is probably right at $100, 000, 000. Chairman Teele: So the two together -- Ms. Haskins: So 270, 000, 000 out of the 446, 000, 000. Chairman Teele: So the two together represent well over 50 or 60 percent of the total budget. Ms. Haskins: Yes, and that's kind of a quick and dirty from -- Chairman Teele: I agree. Vice Chairman Sanchez: Two hundred and seventy, total. Commissioner Winton: Well, I can assure you that's gone down dramatically from last year, the year before, and the year before that. Ms. Haskins: Well -- Commissioner Winton: Because those two, since I've been here -- Chairman Teele: Seventy percent. Commissioner Winton: -- have been 25 and 50, and represented 75 percent. That's the numbers we've been given every year since 1 was a Commissioner. Mr. Spring: When you look at -- Commissioner Winton.' And that doesn't mean the numbers I've been given every year, as a Commissioner, were accurate. Ms. Haskins: I just did a -- City of Miami Page 206 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: I'm just telling you the numbers that I've -- that we've been given every year. Ms. Haskins: I want you to know that I just did a very quick and dirty in my head, trying to -- I made some assumptions on load factors for fully allocated. I would really have to do a full analysis, but just from the basic budget numbers, I -- that's what I was doing. It could be somewhat higher because of the additional pension costs, as well. Mr. Spring: If you look at Page 2 of the packet that 1 just provided you, there's a line that says, "Total entry level cost for trainee, 12 months." It is $56, 869 per officer, annualized, per officer, and that would be for recruitment. Commissioner Regalado: OK. Larry, on -- Chairman Teele: If I could, I just want to make one observation, because I -- I really am a little bit concerned about some of the tone of this. Look, to me, Larry, it's very simple. The Police and the Fire budget represent well over 50 percent of this budget. I don't think there's any question. We can line up the deck chairs of the Titanic, or we could try to figure out where the iceberg is, OK. The only thing that I'm saying and suggesting -- which I've suggested in every meeting that I ever had with the Manager, and I've suggested to you, and I've said publicly -- we can do one of two things, or we can do a combination of both, which is what I've recommended repeatedly. This budget does not reflect, in my mind, any effort to retain police officers on an annualized basis for the coming year on an incentive basis. Now, I realize the Fire and the GSA, and everybody's got a different view, and everybody's, you know, saying "me, too," and whatever and whatever, and I've said, repeatedly, you know, let's deal with that, if it comes to it, but for my vote, one of the ways you get the numbers down is, rather than hiring, you know, 125 police officers in a year, which, to me, we probably ought to be trying to hire, you know, something upwards of 75 to 100 officers. 1 mean, you know, you pick the number. Mr. Spring: Right. Chairman Teele: But if we have a -- the problem that you all appear to be gearing up for by going through this recruitment, if you can retain people to stay on for an additional year or two, and you pay them 10 or $12, 000, the benefit is you just saved $30, 000 on a new hire, and you still have some seniority, some experience and some longevity. I don't want to be -- you know, I'm not trying to interfere with the police operations or the police decision, but I've said this now for one year, and I don't see it in this budget at all, and that is, I firmly believe -- and, I mean, the military -- the big word -- one of the big issues right now is "stop loss." That's the Department of Defense initiative to stop people from being lost to the military, and it's very painful. You've got wives calling their Congressmen, and whatever and whatever. You've got people who've done 28 years of service who cannot retire because there's a stop loss policy, because it's really not an issue of in our case, mandating somebody stay in. It's more of an issue of what kind of carrot can you provide for people to stay in, and I think, you know, we're missing and we're overlooking a very important budgetary impact to the City, and more importantly -- or just as importantly, longevity and experience in service by not having any program to stop the losses, or to at least -- to buy down on some of the losses and give us more ramp up time over the next two to three years, and the dollar savings are just going to be self-evident. If you could incentivize somebody to stay around for a year, and make them sign a two- or three-year contract -- provision or something on a voluntary basis, it's a lot cheaper in the short-term than going out just hiring people over and above some number. We do need to hire police officers. We do need to hire something over 50 to 60 -- what is our normal -- Mr. Spring: Normal -- Chairman Teele: Over the last three years, what are we hiring, about 40 people a year, 50 City of Miami Page 207 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 people a year in Police? Mr. Spring: Well, the normal attrition is about three a month, based on our last figure that we looked at. Chairman Teele: Three a month? Mr. Spring: Three a month. Chairman Teele: But that's attrition. What is our normal hiring, over the last three years? Can we get an average? Chief Fernandez. Ms. Haskins: I'm not sure to use the "normal" is the way to go. The last class we did -- Chairman Teele: I didn't mean -- Ms. Haskins: -- was 40 officers out of this class, which was the most successful class, but that was because we changed the way it was done. Chairman Teele: But, Madam Manager, that's a class. I'm talking now about a -- Mr. Spring: Over the year. Chairman Teele: --12 year fiscal or calendar year -- on a calendar or fiscal year basis, over the last three years, how many officers have we hired in the City of Miami, roughly? Ms. Haskins: That, I can't answer. I don't have that information here. Chairman Teele: Well, apparently, everybody ain't got all the answers but me. I mean, you know, everybody's saying how this thing should work. Mr. Spring: Hold on one second. Chairman Teele: I don't know -- Mr. Spring: Hold on. Chairman Teele: -- but what I'm simply saying is this: I do know one thing about this Defense Department stop loss. I do know that if it costs $44, 000 to put a police officer in uniform for one year -- for the first year, that doesn't include his car. That doesn't include a whole lot of other stuff that you're going to have to add on after he's been there three years. It just seems to me that one of the policies that we could look at is blending the number of recruitment and hiring with a retention program, and I'm still yet to hear anything about a retention program, and that's my point, and if you -- you know, if you blend that in -- if it's $4, 000, 000, if you do half and half, then you probably have just saved $1, 500, 000. Mr. Spring: Deference to your comments, Commissioner, and I do agree with you. However, we've been advised that that would -- that's a labor issue that I'm not to breach right now in this discussion, so that's why you don't see it included in this budget, and that's why you haven't seen it in my presentation tonight. Commissioner Regalado: OK. In the Police budget, how much money have you included for the special events funds, and -- for -- I mean, this man, for four or five years, has been asking -- Commissioner Winton: What happened to Parks? City of Miami Page 208 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: -- that the special events, the parades and all that that we all fund, come from the Police budget. How much is in the Police budget? Mr. Spring: Actually, 1 had a discussion earlier, and in the last Commission meeting, we discussed passing a resolution -- bringing a resolution where we would appropriate dollars from the billboard settlement for Quality of Life and for special events, police service and parks, right- of-ways, streets, you know, the whole nine. That resolution is -- we're still planning on bringing that. I actually went and got the information and, at this point in time, from that settlement, we have approximately another $350, 000 that's available. The additional -- Commissioner Regalado: How much -- Mr. Spring: -- 250 payment that we would get every year will not be available until all of the billboards have been erected in those separate neighborhoods. Commissioner Regalado: Yeah, but that's the billboard settlement. I'm talking about, from the budget of the Police Department, how much money is there is allocated to pay for special events? Zero. Commissioner Winton: He's -- Mr. Spring: Zero for Commission- or City -mandated special events. Again, the issue being that we were going to try to deal with it through that other means. Commissioner Regalado: OK. Then I -- as part of the process, I'll move from the Police Department budget $250, 000, in a separated account, for the Commission mandate events for in - kind services. Mr. Spring: OK. Commissioner Regalado: Do I need to do a resolution, or what is the process here? Chairman Teele: I would prefer that you ask them to come back with a -- Vice Chairman Sanchez: Yes. Chairman Teele: -- on -- of -- Mr. Spring: As an amendment. Chairman Teele: -- for the last -- Vice Chairman Sanchez: At the last meeting. Chairman Teele: -- at the last meeting, when we make the final decisions, a recommendation as to where the money would come from in the Police budget. Commissioner Regalado: Yeah, yeah, 1 know. Of course, that is up to the police, but I just don't want to leave here tonight knowing that there is no funding for the special events. Chairman Teele: Look, I've been asking for it for four years -- Commissioner Regalado: I know that. City of Miami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: -- five year, you know, and again -- the budget for the Police, fully loaded, is how much money? Chairman Teele: About. Vice Chairman Sanchez: A hundred and seventy something. Commissioner Winton: A hundred and seventy million. Chairman Teele: About 179 -- is that the fully loaded? Commissioner Winton: Well, that's what -- Mr. Spring: That would definitely be fully loaded. Commissioner Winton: -- (INAUDIBLE). That was the number off her head. Mr. Spring: That's the -- Commissioner Winton: 1 wrote it down. Chairman Teele: And the -- and don't hold her -- let's don't hold her to the number because -- Commissioner Winton: Right. Mr. Spring: No. Chairman Teele: -- she did us a favor by giving us the -- Mr. Spring: Actually, I'll be able to provide you with the number by tomorrow morning. Chairman Teele: But I just think it's very, very difficult for the police not to acknowledge organizations, like the Mardi Gras and the Orange Bowl or the Florida A & M Orange Blossom Classic Parade. 1 mean, you know, we turned this whole place into a political Christmas tree, it looks like, when, in fact, all we're trying to do is just serve the good, hard-working, taxpaying people of the city with municipal services, and I -- you know, 1 think it's just defying that every year we get into the same discussion, but 1 don't want to take the money off the top by just earmarking it. I'd like for the Budget Director and the Manager and the Police Chief to come back and voluntarily give us a recommendation as to where we can get the money. The money is all going to be going back to the Police Department. Mr. Spring: Right. Chairman Teele: That's the problem. Commissioner Winton: Now, last year we had a line item of $1, 000, 000 for special events and stuff is that not correct? Mr. Spring: Half a million. Commissioner Winton: I'm sorry? Mr. Spring: Six hundred thousand. Commissioner Winton: How much? City of Miami Page 210 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Spring: Six hundred thousand. Commissioner Winton: Oh, six hundred thousand. Mr. Spring: Yes. Chairman Teele: It was a million -- Commissioner Winton: Is this still a line item? Mr. Spring: Yes, it's still a line item, and it's at 500, 000, the recommendation this year. It's outlined in the colored book. Chairman Teele: But the special events, Commissioner, is more than just -- it's the use, for example, of the Gusman -- Commissioner Winton: Right. Chairman Teele: -- Hall or the -- Commissioner Winton: Right, right, right, right. Chairman Teele: -- Knight Center. Commissioner Winton: Well, I'm trying to figure out how we -- so we can get on with this -- how we can do something here that accomplishes your objective, because we have six so -- Mr. Spring: I mean, if it is the Commission's desire, I will come back with a recommendation in the second budget hearing. I mean, there are some issues in regards to the -- Commissioner Winton: Well, Commissioner Regalado has asked for 250,000 -- somebody to ident fy that. Vice Chairman Sanchez: All right. Commissioner Winton: I think he -- Vice Chairman Sanchez: We need to move. Commissioner Winton: -- put that on the table. Y'all need to -- Vice Chairman Sanchez: We need to move forward here. Commissioner Winton: -- go figure it out, and you come back, and we're going to vote on whether or not we want that -- like that idea or not, right? Chairman Teele: Right. Commissioner Winton: OK, so -- Vice Chairman Sanchez: Commissioner -- Commissioner Winton: -- he gave the directive -- City of Miami Page 21! Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: From the Police budget. Commissioner Winton: Yeah, so -- Vice Chairman Sanchez: Commissioner Regalado -- Commissioner Winton: -- and if we don't like it -- Commissioner Regalado: And -- Commissioner Winton: -- we won't -- Commissioner Regalado: -- $50, 000 from the Fire Department budget, because that's coming back also to the Fire Department budget. Commissioner Winton: And if we don't like that -- Commissioner Regalado: This is -- Commissioner Winton: -- we don't vote on it. If we like it, we vote on it. Commissioner Regalado: If they don't like it, I mean -- Commissioner Winton: Right? Commissioner Regalado: -- three votes, it's out. Commissioner Winton: Right, Commissioner? Yeah. Commissioner Regalado: But -- Vice Chairman Sanchez: Is that your request, sir? Commissioner Regalado: Yes. Commissioner Winton: Yes. Vice Chairman Sanchez: OK. Commissioner Regalado: But it is --1 have --1 don't understand this, Larry. This is Economic Development, and the personnel is coming down by about $100,000. However, the operating expense has gone up from 3 to $800, 000. Why is that? Mr. Spring: Actually, is the Director of Economic Development here? I'd like to have him address that question. Vice Chairman Sanchez: Is she back there? Commissioner Regalado: I don't understand. Chairman Teele: That's Keith. Keith Carswell. Mr. Spring: Keith Carswell. Chairman Teele: Community Development is -- City of Miami Page 212 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: No. Vice Chairman Sanchez: Yeah. Commissioner Regalado.' Economic Development. Vice Chairman Sanchez: No. Economic Development. Barbara Rodriguez is back there. Commissioner Regalado: Economic Development. Economic Development. Chairman Teele: Keith Carswell -- Vice Chairman Sanchez: Oh, I'm sorry. Commissioner Regalado: Economic Development. Chairman Teele: -- is Economic Development. Commissioner Regalado: See -- Commissioner Winton: Keith Carswell. Commissioner Regalado: -- it went -- from last year -- Vice Chairman Sanchez.' Is Keith back there? Commissioner Regalado: -- the 204 [sic] budget, it came down in personnel; yet, it went up on operating expenses. Do these people buy things or what? I really don't understand that. Mr. Spring: Well, I -- what's going on in the department, in general -- Commissioner Winton: Where's the department head? Mr. Spring: Yes. Here he comes right now. Commissioner Winton: What's going on? I mean, can't we get -- Commissioner Regalado: Hey, 1 agree. 1 mean -- Vice Chairman Sanchez: You've got to give him some time to get here. He's back there eating pizza. Keith Carswell: Keith Carswell, Director for the Department of Economic Development. Commissioner Regalado: The question is, you went down in your personnel costs; however, in operating expense, from 325 to $812,000 -- I mean $813,000, actually, six more. Why is that? Mr. Carswell: A lot of the costs are associated with -- there's an increase in rent that we pay as a result of leases that we have with the State for properties that we lease out. That is something that we pay out of our budget. Also, we've increased some of the advertising costs to promote the City. Commissioner Regalado: So that -- City of Miami Page 213 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Carswell: And a lot of it is appraisal services. We've increased the budget for appraisals. As you may be aware, we've been doing quite a bit of acquisitions within the previous year, and we anticipate additional acquisitions. A lot of those costs are really just associated with some of our -- I guess, some of the increase in our normal operations. Chairman Teele: Well, when you -- Commissioner Winton.' Keith, could you give us an -- Chairman Teele: -- do an appraisal, for example, under the 255 neighborhood -- Safe Neighborhood, I thought that was bore by the project cost itself. Mr. Carswell: No. There are other -- for example, the Hearing Boards, we do representations at that. We also order appraisal services as it relates to that -- to defend the values. Commissioner Winton: Could you bring back -- this is not rocket science. You've got line items. You've got to be able to deliver a very clear and concise answer to this question. It's $420,000 -- $425, 000, and it's a bunch of line items. Can you come back at the next meeting and just deliver the answer, with the line items, so that you know precisely what it is, and we're not kind of guessing? Commissioner Regalado: OK. Vice Chairman Sanchez: Keith, you OK? Commissioner Winton: You're going to be prepared to do that, Keith? Mr. Carswell: Yes. Commissioner Winton: Thank you. Vice Chairman Sanchez: All right. Any further questions? Commissioner Winton: I have one. 1 want to go back to the point that Commissioner Teele brought up right at the very beginning, and it was about parks -- Vice Chairman Sanchez: Yes, sir. Commissioner Winton: -- and underfunded parks. This is the last op -- well, I guess this is the second to last opportunity because we always have the second budget hearing, but either we're going to direct the City Manager to find "X" number of dollars --1 don't know whether that's 1,000,000 or 2,000,000 or 50 or none, but either we're going to do it, direct him to find dollars out of this budget to go into the Parks Department or we're not, and -- Chairman Teele: But for specific purposes. Commissioner Winton: Summer programs, I would think. Chairman Teele: Summer swimming programs. Commissioner Winton: Well, I don't -- you don't -- Vice Chairman Sanchez: Or summer programs to include summer swimming programs. Commissioner Winton: Well, Eileen Bottari's point here didn't have -- only a piece of her point City of Miami Page 214 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 was about swimming. The other piece was about having the tables and chairs and refrigerators -- Chairman Teele: The recreational equipment. Commissioner Winton: -- and the stuff that you need to service, and so I think there are some issues that aren't all just summer related. I mean -- summer related -- that are all swimming related, but I'm just raising the question. Either we're going to do that or we're not. Commissioner Regalado: I can do that for you right now. I propose to take $50, 000 out of the Communications Department, $50,000 from the City Manager's budget, $50,000 from Employee Relations, and transfer that directly to the swimming summer programs in the Parks Department; $150,000, and if you look at those budgets, it wouldn't hurt. Let me tell you. The Manager has jumped from one point seven to two point something. Mayor has gone down, but the Communications Department -- if they can only do a little effort, they can pay almost for themselves, and this is exactly what the County television station does. They get people that would sponsor their programs, underwrite the cost of the production. These are -- just to mention, this program is being brought to you by Larry Spring, you know, courtesy of the Budget Department and that's that, and we can unload a lot of costs -- production costs by doing that. It can be done. Maybe we won't be able to sell the spot or the sponsorship as big as the County because it's a countywide, but this is goodwill for many enterprise, and these business that would sponsor these programs can write off this off taxes because it is -- the City is a not -for -profit -- Mr. Spring: Not -for -profit. Commissioner Regalado: -- organization, so that's no problem. The City Manager, I wouldn't think that he has a problem by reducing from 2,000,000 to some -- the Employee Relations, same, and there is something here that I really want to understand. The FACE (Film, Arts, Culture and Entertainment) has grown, right? Commissioner Winton: Who? The what? Commissioner Regalado: FACE. It's F-A-C-E. I don't know what it means. Commissioner Winton: What are you looking at? Mr. Spring: Films, Art, Culture and Entertainment. Commissioner Regalado: Huh? Mr. Spring: Films, Art, Cultural -- Culture and Entertainment. Vice Chairman Sanchez: And Entertainment. Commissioner Regalado: OK, so now we have two office; one with the Office of Special Events and the Office of Film, which it used to be together. Now we have separate office. Mr. Spring: In -- I guess, as documented in the TO (Table of Organization), we just made -- we wanted to designate them separately because the -- Michelle Spence focuses on the community - related events, a lot of the Mardi Gras and the MLK (Martin Luther King, Jr.) Initiative that you see. She focuses on those. Robert Parente's division, if you will, focuses on getting films -- the film production companies to do movies in Miami. The Transporter 2 is being filmed here right now as we speak, and you've probably seen the e-mails about road closures. Bad Boys II, Fast and the Furious, that's been his focus on selling the City to a film production company, so we just wanted to make a -- City of Miami Page 215 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: Look, selling the City is the best thing that can happen, but I don't understand the increase in those separate office. Plus, there is another thing that has just been born, the Beautification Committee. Mr. Spring: Actually, the Beautification Committee has always existed. Last year -- Commissioner Regalado: But it was never funded Mr. Spring: No. It was funded, and if you go back two fiscal years, it was funded $20,000. When I first got here last year, none of that money was spent, so I was like -- somebody in my department or somewhere provide me with proof of what this committee is doing. That proof was not provided so, in the appropriation that I presented last year, I didn't do any funding. This year, you know -- over this fiscal year, the committee has gotten more active -- and I forget the woman's name right now who's very active in beautification. They're planting trees and things of that nature, so because of that activity getting back up, we've put their appropriation back into the budget. Chairman Teele: Is that under the auspices of Public Works or who? Mr. Spring: Yes. I think they do work with Public Works. It's -- I wish I could remember the woman's name right now. Chairman Teele: Well -- Commissioner, let me say this. 1 don't think we should -- I mean, I'm prepared to go line by line, department by department, but I think it would be a mistake to do that tonight if we don't have the unexpended balances in these departments that you're talking about, because -- Vice Chairman Sanchez: Mr. Chairman. Commissioner Regalado: They may have unexpended balance. Vice Chairman Sanchez: Yeah. Chairman Teele: Well, but the unexpended balance is only helpful in trying to determine what the budget should be for next year, because what a lot of departments traditionally do is they overfund and then, at the end of the year, they dump money or they move money around or whatever -- Commissioner Winton: Right. Chairman Teele: -- and one of the things that the anti -deficiency has really worked well in doing -- and 1 was supposed to give a report, and 1'll do it right now -- that the -- Mr. Spring: I have it. Chairman Teele: -- Budget Office and Manager appear to be doing an excellent job in controlling the dumping of dollars and the anti -deficiency reports -- which, Mr. Spring, you should pass out -- clearly document that the departments are conforming and that dollars are not being burnt up at the last -- in the last quarter, and there have been several requests, which each Commissioner should be aware of and those requests have all been approved, but the fact of the matter is, the unexpended balances is probably the best indicator of what departments were overfunded last year, and where there may be potential savings. Obviously, there's always justifications for monies not being spent. City of Miami Page 216 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: Well, Mr. Chairman, I'm just trying to press on the Budget Director and my colleagues that we need to get some funding today. I'm following what you, Commissioner Winton, Commissioner Sanchez, and Commissioner Gonzcilez has said today and throughout the days, we need to get -- Vice Chairman Sanchez: Mr. Chairman. Commissioner Regalado: -- today funding for the Parks Department, and I tell you that 1 know -- I really know what's going on in the Parks Department, and they have these great employees that try to go above and beyond the call of duty, and I know because when he was eight years old -- my son now is eighteen years old -- I brought it many years ago -- I wasn't even sitting here -- to the sailing camp in Kennedy Park. From there, I took him to Morningside, and I know the parks because I've been there, and I know -- and now he works during the summer there, and he tells me -- and I know, you know, the hardship that the employees and these kids that are willing to work -- they don't even get paid one or two days a week because the City won't let them go over some hours, and they stay there. They're trying to help the people. They're -- we're bringing inner city kids to the sailing camp so, you know, I just think that -- in Shenandoah, people want to pay to go into the pool and, yet, we cannot have that pool open all year round, not even -- Commissioner Winton: So either add more money to Parks and Recreation -- Vice Chairman Sanchez: It -- Commissioner Regalado: Well -- Commissioner Winton: -- or don't -- Commissioner Regalado: Hey -- Vice Chairman Sanchez: May I -- Commissioner Winton: -- but I keep -- you know. Commissioner Regalado: Hey, I'm -- Commissioner Winton: We know the story. We need to agree to make a -- Commissioner Regalado: Well, 1-- Vice Chairman Sanchez: May I -- Commissioner Winton: We're either going to make a decision -- Commissioner Regalado: I'll move -- Commissioner Winton: -- to fund it or not. Vice Chairman Sanchez: And may I -- Commissioner Regalado: I'll move that -- Vice Chairman Sanchez: Before -- Commissioner -- City of Miami Page 217 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: -- we ask the Budget Director to come back with $1, 000, 000 additional funding for the Parks Department summer -- Commissioner Winton: Programs. Chairman Teele: Programming. Commissioner Regalado: -- program. Summer programs, not parties. Programs, activities. Mr. Spring: Can I add one thing on the record, Commissioner -- or Mr. Chairman? Joe Arriola (City Manager): Commissioner, can I -- let me -- Commissioner Winton: I'll support that idea. Mr. Arriola: You know, I'm sorry. I haven't been feeling very well, so I've been upstairs but, you know, I haven't heard you say, though, Larry, we put $2, 400, 000 more in the budget -- Mr. Spring: That was what I was about -- Mr. Arriola: -- for Parks this year. Commissioner Regalado: Yeah, we all know, but we -- but what -- you weren't here, Mr. Manager, and -- Mr. Arriola: No. 1 heard you. I was upstairs. I'm sorry. Commissioner Regalado: Oh, OK No. I mean --1 think I know what's going on in some parks. I don't know about all parks, but I do know in some parks, and I think it's important. This is the closest thing to the people of Miami, the Parks Department. Mr. Arriola: Commissioner, we -- not only did we put the $2,400,000 -- and, again, I'm sorry I didn't come down -- the -- part of the $500, 000 that we got allocated from the kids' fund that you were referring, we can use for a swimming program, so what 1 really think we need to do is -- and I'm sorry Ernie couldn't be here today -- let him come back and he'll explain the program that he has prepared. You know, if you see his record in Fort Lauderdale, he did an incredible program on swimming, specifically, at Fort Lauderdale, but we do have funding. We could use part of that $500, 000 specifically for a swimming program, so if you allow me to come back with Ernie and have Ernie make the full presentation, I hope you'll be satisfied If not, we'll change it, OK? Is that all right? Commissioner Regalado: OK. Mr. Arriola: Thank you. Vice Chairman Sanchez: All right. Commissioner Regalado: But, still, we're missing $500, 000 because the Children's Trust gave the City 500, 000, and we were talking here 1,000,000 additional money. Commissioner Gonzalez.' Well, but -- Vice Chairman Sanchez: May -- Commissioner Gonzalez: -- we haven't gone through the entire budget because -- City of Miami Page 218 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Arriola: Yeah, we haven't gone through the entire budget, sir. Vice Chairman Sanchez: Look -- Commissioner Gonzalez: -- because there -- Commissioner Regalado: The what? Commissioner Gonzalez: We haven't gone through the entire budget yet, because there are some areas in the budget still where I have certain problems -- Mr. Arriola: Yes. Commissioner Gonzalez: -- with the -- Commissioner Regalado: No. I know that. Commissioner Gonzalez: -- amount of money that is being requested. Commissioner Regalado: I know that. That's what I'm saying. Vice Chairman Sanchez: All right. Listen -- Commissioner Gonzalez: So, you know, there is a lot -- Mr. Arriola: Yeah. Commissioner Gonzalez: -- of fat -- at least, 1 see a lot of fat in some of these areas that can be cut and transferred to Parks so, you know, I've been quiet. I've been listening, but I'm waiting for my turn. Mr. Arriola: OK. That'll be great, but I'm -- but -- you know -- Vice Chairman Sanchez: And as -- Mr. Arriola: -- there is more money in the Parks, and I just wanted you to know that. Vice Chairman Sanchez: And, as always -- Mr. Arriola: Yeah. Vice Chairman Sanchez: -- the Chair speaks last due to proper protocol. We have the legislative authority under our City Charter to direct the City Manager, during the budget process, to come back with additional funding for the Parks Department. Mr. Arriola: There's something else -- and, again, forgive me, but I wasn't feeling too well -- that we have in the budget about $700, 000, approximately, in the Parks budget for transportation, buses and things like that, and I'd be delighted to -- you know, and I'm sorry Ernie couldn't be here, but we'll give you a breakdown on that, so we have -- Vice Chairman Sanchez: Mr. -- Mr. Arriola: Ernie has addressed some of those issues. City of Miami Page 219 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: Mr. City Manager, there will be Legislation directing you to come back with all the resources you could gather up to put as much money as you can into the parks because the necessity -- and, of course, what we're trying to do in our parks -- we did increase the budget by 2.4. We want to put more money, and I think that -- Commissioner Regalado, do you have a motion that you wanted to put forth? Commissioner Regalado: One million dollars additional for summer programs. Vice Chairman Sanchez: OK, and was that your motion? Was there a second to it? Commissioner Winton: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: OK. There's a motion by Commissioner Regalado directing the City Manager to come back with the -- Mr. Spring: Clarification. Vice Chairman Sanchez: Larry. Mr. Spring: If I -- the money you just recommended that we move from the other budgets, is that inclusive of that? Vice Chairman Sanchez: Well, I have a problem with that. Mr. Spring: OK. Vice Chairman Sanchez: I don't think that we should just ram -- you know, pick one department and go into it. I think that we should just direct the City Manager to come back with the $1,000,000, and we don't care where he gets it from, as long as he comes back with $1,000,000 towards the Parks Department. Commissioner Regalado: OK. Vice Chairman Sanchez: All right. There's a motion by Commissioner Regalado, second by Commissioner Teele. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition having the same right, say "nay." Motion carries unanimously. All right. We move on to -- is it PH -- Ms. Thompson: Sir, we haven't taken a vote. Vice Chairman Sanchez: Could we get the -- excuse me? Ms. Thompson: You're still on BH.3. Vice Chairman Sanchez: Well, can we do something? Ms. Thompson: You have -- Vice Chairman Sanchez: Can we get the Civilian Investigative Panel out of here? We're going to be late and they're here. Let's -- City of Miami Page 220 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: Well, can we get all of the civilian -- all of the -- Vice Chairman Sanchez: Yes. Chairman Teele: -- citizens -- Vice Chairman Sanchez: Yeah, let's get you out of here first. We want you to go home. I mean, we're going to be stuck here for a while, so -- I'm sure you've got better things to do at the house, so -- Larry Handfield: 1 agree. We appreciate that. Ms. Thompson: Excuse me, Chair. I'm sorry. You have a motion on the table on BH.3. We have a mover is Commissioner Winton, second by Gonzalez, and you've never taken the vote -- Vice Chairman Sanchez: OK. All in favor -- Ms. Thompson: -- on the ordinance. Vice Chairman Sanchez: -- say "aye." Ms. Thompson: On the ordinance. Vice Chairman Sanchez: Oh, on the ordinance. I'm sorry. Commissioner Regalado: It's an ordinance. Vice Chairman Sanchez: Read the ordinance. Ms. Thompson: She's read the ordinance. I just -- Vice Chairman Sanchez: OK. Ms. Thompson: -- need a roll call. Vice Chairman Sanchez: Roll call. I apologize, Madam Clerk. It's getting late. Ms. Thompson: No problem. OK, Commissioner Regalado? Commissioner Regalado: I will vote yes on the second reading, if all the things that have been said here are true, so my vote is no. Commissioner Winton: What ordinance are we voting -- Commissioner Regalado: I will vote yes -- Commissioner Winton: What are we voting on? Commissioner Regalado: -- on the second reading -- Mr. Spring: The budget. Commissioner Regalado: -- if everything here -- City of Miami Page 221 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: What was it? Commissioner Regalado: -- everything that has been said here is true -- Commissioner Winton: This is the budget? Commissioner Regalado: -- on the second reading, I will vote yes -- Ms. Thompson: Um-hmm. Commissioner Winton: Oh, B.3 [sic] is the budget? Commissioner Regalado: -- for the first time -- Ms. Thompson: Yes. Commissioner Regalado: -- but not until 1 see -- Commissioner Winton.' 1 seconded that? Mr. Spring: You moved it. Ms. Thompson: No, you moved it. Vice Chairman Sanchez: All right. Commissioner Regalado: -- the light. Vice Chairman Sanchez: Madam Clerk -- Commissioner Winton: I don't remember doing that. Vice Chairman Sanchez: -- continue with your roll call. Ms. Thompson: Roll call. Chairman Teele? Chairman Teele: I'll vote yes, but I will vote no if -- Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. I will vote yes both times. Ms. Thompson: Commissioner Winton? Commissioner Winton: I think I'll play a Regalado deal and vote no, except 1 change my mind. Yes. Chairman Teele: And then Vice Chairman Sanchez? Vice Chairman Sanchez: Hold on. Yes. Ms. Thompson: The ordinance is adopted on first reading -- I'm sorry -- yes -- passed on first reading. That would be 4/1. Vice Chairman Sanchez: Thank you. City of Miami Page 222 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 BH.4 04-00923 DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-00923-cover memo.pdf DEFERRED A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to DEFER item BH.4 to the Commission Meeting currently scheduled for September 23, 2004. Vice Chairman Sanchez: Moving on to BH.4, which is a discussion concerning the financial update and budget outlook. Chairman Teele: What about the Virginia Key Trust and all -- and the DDA (Downtown Development Authority)? Larry Spring (Chief of Strategic Planning, Budgeting and Performance): Yeah. Actually, if we -- Vice Chairman Sanchez: Yeah. Let's -- Mr. Spring: 1 was going to ask, Commissioner, if we could defer that item to the 23rd. We are in the process of -- Vice Chairman Sanchez: All right. Is there a motion to defer the item? Chairman Teele: So move, Mr. Chairman. Vice Chairman Sanchez: There's a motion by the Chair to defer the item. Is there a second? Commissioner Winton: What item? Vice Chairman Sanchez: Second by -- Commissioner Winton: Second. Vice Chairman Sanchez: Second by Commissioner Winton. Commissioner Winton: What item am I -- Vice Chairman Sanchez: Discussion. Commissioner Winton: -- seconding? Vice Chairman Sanchez: Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez • Anyone in opposition, having the same right, say "nay." Motion carries unanimously. BH.5 04-00985 DISCUSSION ITEM DISCUSSION OF PROPOSED MILLAGE RATE AND TENTATIVE BUDGET FOR THE DOWNTOWN DEVELOPMENT AUTHORITY. City of Miami Page 223 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 PERCENTAGE INCREASE IN MILLAGE OVER ROLLED BACK RATE. RESPONSE: NINE AND 77 /100 PERCENT (9.77 %) SPECIFIC PURPOSE FOR WHICH AD VALOREM TAX REVENUES ARE BEING INCREASED. RESPONSE PURPOSE: DOWNTOWN ECONOMIC DEVELOPMENT PROGRAMS COST $313,792.08 100 CITY COMMISSION LISTENS AND RESPONDS TO CITIZENS COMMENTS REGARDING THE PROPOSED MILLAGE INCREASE AND EXPLAINS THE REASONS FOR THE INCREASE OVER THE ROLLED BACK RATE. ACTIONS BY THE CITY COMMISSION: 1. AMEND THE ADOPTED TENTATIVE BUDGET, IF NECESSARY 2.RECOMPUTE THE PROPOSED MILLAGE RATE, IF NECESSARY 3.PUBLICLY ANNOUNCE THE PERCENT BY WHICH THE RECOMPUTED PROPOSED MILLAGE RATE EXCEEDS THE ROLLED BACK RATE 4.ADOPT THE TENTATIVE MILLAGE RATE 5.ADOPT THE AMENDED TENTATIVE BUDGET 04-00985-cover page.pdf DISCUSSED Vice Chairman Sanchez: We'll go ahead and go with BH.5, which is the DDA (Downtown Development Authority). Is there a motion? Commissioner Winton: So moved. Vice Chairman Sanchez: OK. There's a motion. Chairman Teele: Second. Vice Chairman Sanchez: It's a discussion item. Well, we've got to state on the record. Unidentified Speaker: Right. Vice Chairman Sanchez: Is -- do we have anyone from the DDA? Commissioner Winton: No. Vice Chairman Sanchez: There's nobody here from the DDA? Commissioner Winton: Got me. Vice Chairman Sanchez: Oh, all right. We'll temporary -- City of Miami Page 224 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: May 1 inquire of one thing? Vice Chairman Sanchez: Yes, sir. Chairman Teele: I see the Director of the Virginia Key Trust. Are they on the agenda tonight? Commissioner Winton: No. Vice Chairman Sanchez: Their budget is, 1 believe. Chairman Teele: No. Vice Chairman Sanchez: No? Unidentified Speaker: No? Unidentified Speaker: We're on the second public hearing. Chairman Teele: See the Budget Director. Vice Chairman Sanchez: All right, so what do we do with DDA? Commissioner Winton: I moved it. Vice Chairman Sanchez.' You moved it? Chairman Teele: I second it. Unidentified Speaker: It's only discussion. Unidentified Speaker: OK. Commissioner Winton: Oh, it's only a discussion? Vice Chairman Sanchez: It's only discussion. You've got to put -- I mean, they've got to put the -- Commissioner Winton: Oh. Well, there's nothing -- Vice Chairman Sanchez: -- rollback rate and all that stuff on the record. Chairman Teele: Why don't you do this in the next meeting? Vice Chairman Sanchez: Yeah. Commissioner Winton: I mean, what are you going to discuss anyhow? Chairman Teele: Your rates, whatever you want to do. Vice Chairman Sanchez: All right. Maria' Chiaro (Assistant City Attorney): DDA -- the -- Vice Chairman Sanchez: Madam Attorney. Madam Attorney -- City of Miami Page 225 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Chiaro: -- proposed -- Vice Chairman Sanchez: -- put it on the record. Commissioner Winton: Same thing every year. Ms. Chiaro: The proposed -- Commissioner Winton: Half a mil. Ms. Chiaro: -- millage rate is .5. The budget -- line item budget is -- Commissioner Winton: The millage rate on DDA? Ms. Chiaro: -- proposed at $313, 792.08, and Item BH.6 is the millage ordinance to be approved for that millage rate for DDA. Vice Chairman Sanchez: All right. It's a discussion item. It's open to the public. Anyone from the public wishing to address this issue concerning the DDA? Ms. Chiaro: Excuse me. It's the resolution approving the millage rate for the DDA. Vice Chairman Sanchez: Hearing none on BH.5 -- Priscilla A. Thompson (City Clerk): It's an ordinance. Vice Chairman Sanchez: It's a discussion item. We're going to go to BH.6, which is to vote on it. Madam Clerk, are you OK? Ms. Thompson: Yes. Vice Chairman Sanchez: OK BH.6 04-00985a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, ("CITY") FLORIDA, ATTACHED AND INCORPORATED; FIXING THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING FOR SAID MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR; PROVIDING THAT THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 226 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00985a-cover memo.pdf 04-00985a-pre resolution 1.pdf 04-00985a-pre resolution 2.pdf 04-00985a-master report.pdf 04-00985a-exhibit-article.pdf Motion by Commissioner Winton, seconded by Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: All right. BH. 6. It's an ordinance, first reading. The Ordinance was read by tide into the public record by the Assistant City Attorney. Vice Chairman Sanchez: All right. It's an ordinance. Is there a motion? Moved by Commissioner Winton. Is there a second? Chairman Teele: Second. Vice Chairman Sanchez: Second by Chairman Teele. Open for discussion. Hearing none -- Chairman Teele: Public hearing. Vice Chairman Sanchez: It's a public hearing. Anyone from the public wishing to discuss this item, please step forward. Seeing none, public hearing is closed. Commissioner Winton: So move. Vice Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): I'm sorry. I need to make sure -- I heard the City Attorney say a resolution, then when she read, I didn't -- the title that I'm looking at here wasn't the same title that I heard read so, I'm sorry. I am lost at this point. Vice Chairman Sanchez: Madam Clerk, let me clam the record. Commissioner Winton: No. You heard her say res -- she did say resolution when she started. Vice Chairman Sanchez: Let me clam the record. It was an error on her behalf. It was a discussion item and then it's an ordinance on first reading. Ms. Thompson: Correct. Vice Chairman Sanchez: OK. Ms. Thompson: So the ordinance on first reading in our agenda is File Number 04-00985a, that entire title? Vice Chairman Sanchez: That is correct. It -- the motion has been made by Commissioner Winton and second by Chairman Teele. It was open for discussion -- Commissioner Winton: Wow. Vice Chairman Sanchez: -- and now we need you to do a roll call. City of Miami Page 227 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ms. Thompson: Commissioner -- I'm sorry. Commissioner Winton? Ms. Thompson: Chairman Teele? Chairman Teele: Yes, ma'am. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, ma'am. Ms. Thompson: This ordinance has been -- Chairman Teele: Commissioner Regalado is on the dais. Ms. Thompson: Oh, I'm sorry. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: This ordinance has been passed on first reading, 4/0. Vice Chairman Sanchez: Yes, ma'am. BH.7 04-00985b ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 FOR THE OPERATIONS FOR THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 04-00985b-cover memo.pdf 04-00985b-pre resolution 1.pdf 04-00985b-pre resolution 2.pdf Motion by Commissioner Winton, seconded by Chairman Teele, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Teele Absent: 2 - Commissioner Gonzalez and Regalado Vice Chairman Sanchez: We move on to BH.7. It is an ordinance. Madam Attorney, please read the ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney. Commissioner Winton: So moved. Vice Chairman Sanchez: The ordinance has been read into the record. There is a motion by City of Miami Page 218 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton. There's a second by Chairman Teele. It is open for discussion. Before we vote on it, it's a public hearing. Anyone from the public wishing to step forward and address this item? Seeing none, the public hearing is closed. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3/0. BH.8 04-00954 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING FIRE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00954-cover memo.pdf 04-00954-pre resolution.pdf 04-00954-ordinance.pdf 04-00954-exhibit.pdf Motion by Commissioner Winton, seconded by Chairman Teele, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0597 Vice Chairman Sanchez: All right. BH.8 is a resolution. Is there a motion? Commissioner Winton: What -- BH.8? Vice Chairman Sanchez: Yes. Commissioner Winton: Yes. Vice Chairman Sanchez: It's a -- Commissioner Winton: So moved. Chairman Teele: Second. Vice Chairman Sanchez: There's a motion by Commissioner Winton, second by Chairman Teele. It is open for discussion. It's a public hearing. Anyone from the public wishing to address the Commission on behalf of this issue, please step forward. Mariano Cruz: OK Vice Chairman Sanchez: Sir, you're recognized. State your name and address for the record. Mr. Cruz.: Mariano Cruz, 1227 Northwest 26th Street. They said before that they have to find another source to make up for this fire fee that's supposed to last for five years, but they also mentioned that's it's a useless fee in a way because the people that use most the service have to City of Miami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 pay for that. What about me? 1 haven't used the Fire Department in years. Do I get a rebate? Because that's what I said. 1 haven't called Fire and Rescue. I haven't called the Fire Department in years, police service, because the purpose of government, according to a system, is to redistribute the wealth of the people that got more to the people that got less, so let's be fair. Tax more -- put the fee more in the people that can afford more to pay a fire fee than the ones that can't afford because, in my neighborhood, the five dollars something monthly that they got to pay for this $5.29 is money. To some people, $5 is nothing, but to us -- see, like I said, if you go to many places, you pay a user fee. You go to Crandon Park, you park, you pay the fee. You go to (UNINTELLIGIBLE) you pay usage fee, but why should this be linked to a user's fee? The people that -- I know, look at my neighborhood. Thirty percent of the neighborhood is institutional; public housing, Jackson Hospital, the prisons, the VA (Veterans Administration) Hospital, the state mental hospital, all there, everything there. They don't pay anything for Fire and they use the Fire and Rescue services all the time. Why should -- this -- I call it a regressive tax fee, not a tax because I cannot deduct it from my taxes. If IRS (Internal Revenue Service) audit me and see that 1 took the fire fee as a deduction, I think they'll say, no, that's a no -no. That's a fee, so try to find something else. Anyway, five years, it's over, or the fiscal recover of the City. Vice Chairman Sanchez: Thank you very much, Mr. Mariano Cruz. OK The public hearing is closed. This is on the fire fee. There's a motion and a second. Is there any discussion from the Commission? Hearing none -- it's a resolution -- all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, it passes unanimously. BH.9 04-00955 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00955-cover memo.pdf 04-00955-pre resolution.pdf 04-0095 5-e xh i b i t. pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0596 Vice Chairman Sanchez: We'll move over to BH.9, which is the Solid Waste service. Commissioner Winton: So move. Vice Chairman Sanchez: It is a public hearing. Anyone from the public? Mariano Cruz: Yeah. Just me again. Vice Chairman Sanchez: Mr. Mariano Cruz -- City of Miami Page 230 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: Oh -- Vice Chairman Sanchez:: -- once again, you're recognized. Mr. Cruz: Maybe I'm the only one left from the public because all the people complained at the Versailles, but they don't do anything. Mariano Cruz, 1227 Northwest 26th Street. Like I said, I don't mind paying the fees, but it's the delivery of service. In my -- I own a home. My daughter owns a duplex. We pay, altogether, $975 offire fee, yet, the people come to pick up the trash -- I see the people from the City, Solid Waste, and they come and they leave all the debris there. On Tuesday, I was --1 work in North Miami. I was at the West Dixie (UNINTELLIGIBLE) -- 1155 137th Street and the people (UNINTELLIGIBLE), they have two sweepers, two sweepers to sweep everything. They leave everything clean. Well, how come the City of Miami cannot do that? Maybe they can eliminate one of those consultants and put two sweepers with the trucks to do -- to clean the street, because I don't know if that happen in Coconut Grove, because in my neighborhood -- why should I -- we be -- I calling Solid Waste to (UNINTELLIGIBLE) to come and to pick up whatever they left. 1 could do it myself pick it up, but why should 1 do it, if we pay $975 in Solid Waste fee? Let them pick it up. That's what they -- because I pay for my service. 1 work for the post office. 1 bring -- people pay $0.37 for a stamp; they get it delivered. I pay $325 for Solid Waste. I want my trash -- the whole trash picked up. That's all (UNINTELLIGIBLE). Commissioner Winton: You ought to be paying $500 -- Mr. Cruz: Thank you. Commissioner Winton: -- which is what it cost, Mariano. Vice Chairman Sanchez: For $325, you want them to sweep. You got the best -- you're driving a Cadillac, you know. You've got the best deal in town. Mr. Cruz: I know. I know. We get a good deal, but -- Vice Chairman Sanchez: You want them to sweep it, too? Mr. Cruz: -- look at -- of that price, maybe I put something out once a week. Because like today, I cut my grass and 1 mulch it. Everything stays there; the hedge -- everything stay there as fertilizer. I don't put any branches outside there. It stays in the ground there. Commissioner Winton: Next. Vice Chairman Sanchez: All right. We're going to -- All right. This is a resolution. The public hearing is closed. It's a resolution. Is there a motion? Commissioner Winton: So move. Commissioner Gonzalez: Second. Vice Chairman Sanchez: It's moved by Commissioner Winton, second by Commissioner Gonzalez. It is open for discussion. Hearing none -- it's a resolution -- all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion passes unanimously. City of Miami Page 231 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 BH.10 04-00944 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE BAYFRONT PARK MANAGEMENT TRUST, IN THE AMOUNT OF $5,741,000, TO PROVIDE FOR THE OPERATIONS, MAINTENANCE AND CAPITAL IMPROVEMENTS OF THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK, FOR FISCAL YEAR COMMENCING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. 04-00944-cover memo.pdf 04-00944-exhibit.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0595 Vice Chairman Sanchez: We got to BH.10, Bayfront Park. Is that the -- yeah, Bayfront Park budget. Let's get you up here so we can get you out of here. Commissioner Winton: So moved. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Gonzalez. Open for discussion. Hearing -- Tim Schmand: Tim Schmand, the Executive Director of Bayfront Park, 301 North Biscayne Boulevard. Vice Chairman Sanchez: You're quite welcome. It's a public hearing. Anyone from the public wishing to address this item, please step forward. Oh, you're not going to step forward? OK. All right. The public hearing is closed. No discussion from the dais. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none -- Commissioner Winton: Keep up the good work. Vice Chairman Sanchez: -- motion passes unanimously. Mr. Schmand: Thank you all. Vice Chairman Sanchez: Tim, continue to do well there at the park, my man. BH.11 04-00790 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE PROPOSED ANNUAL PLAN AND BUDGET OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("TRUST") FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005. City of Miami Page 232 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00790-cover memo.pdf 04-00790-model city Iegislation.pdf 04-00790-exhibit 1- background info.pdf 04-00790-exhibit 2- proposed FY 2005.pdf Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0594 Vice Chairman Sanchez: All right. BH.11. Chairman Teele: So move. Commissioner Winton: So -- second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: OK There's a motion and a second. It's a public hearing. Anyone from the public wishing to be heard? Sir. Patrick Range: I'm Patrick Range, 5727 17th Avenue, and Chairperson of the Trust, and we are just here asking that the Commission would approve this budget as it has been proposed to you. Vice Chairman Sanchez:: Thank you, sir. Always a pleasure. OK. Chairman Teele: Patrick, you weren't here when this started. I didn't see you out here. Mr. Range: That's right. I was in the back. I was waiting on you. Vice Chairman Sanchez: You've been here all -- Mr. Range: I was here. Vice Chairman Sanchez: Well, we apologize. Chairman Teele: I apologize. Mr. Range: No problem. Vice Chairman Sanchez: We really apologize. Mr. Range: No problem. Vice Chairman Sanchez: It's just out of control, sir. Mr. Range: We appreciate you -- Vice Chairman Sanchez: All right. Any discussion? It's a resolution. The public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion carries unanimously. All right. City of Miami Page 233 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Range. Thank you very much. BH.12 04-00949 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST FUND ("FIPO RETIREMENT TRUST FUND") FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005, IN THE AMOUNT NOT TO EXCEED $1,633,310, EXCLUDING NORMAL COST, TO PROVIDE FOR THE ADMINISTRATION OF THE FIPO RETIREMENT TRUST FUND. 04-00949-cover memo.pdf 04-00949-memo.pdf 04-00949-exhibit.pdf Motion by Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0598 Vice Chairman Sanchez: Where are we at now? BH. 12. OK. It's a resolution. 1t is a public hearing. Anyone from the public wishing to address this resolution, please step forward. Hearing none, seeing none -- Chairman Teele: So move. Vice Chairman Sanchez: There's a motion on the resolution by Chairman Teele. Is there a second? Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second by Commissioner Gonzalez. It is open for -- Chairman Teele: Discussion. Vice Chairman Sanchez: -- discussion. Discussion. Mr. Chairman, you're recognized. Chairman Teele: Mr. Vice Chairman, and to the trustees, the issue -- it's great seeing you here. Are you the -- come on and address the -- feel right at home, huh? Tom Gabriel. Tom Gabriel: Tom Gabriel, Chairman of the Miami Police and Fire Trust -- Retirement Trust, located at 1895 Southwest 3rd Avenue. It's certainly changed a little bit since the last time I was here. It's quite a nice setup you have here. Chairman Teele: Yeah. Thank you for your support and thank you for the support of the police and firefighters over the years. Tom, there's a -- Where's the Budget Director? -- there's a big question that the Budget Director has raised, and we'd really like to try to engage this in a meaningful way, and that is -- I think the City recognizes our obligation under the Gates case to pay the -- Larry Spring (Chief of Strategic Planning, Budgeting and Performance): The non investment portion. City of Miami Page 234 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: The non investment portion? Mr. Spring: Yes, sir. Yes, which is their administrative cost. Chairman Teele: No. We -- the reverse. Mr. Spring: Oh, sorry. The investment portion. Chairman Teele: The reverse. Mr. Spring: Yeah. The investment portion. Chairman Teele: We recognize our obligation to pay the investment portion; that's not in dispute or discussion. As you'll -- may recall with the discussion with the other union, there was a request that the Chairman sit down with the Budget Director and go over some of the lines of the -- line items and details of the administrative cost, particularly, the indirect rate, and again, I think it's much more to just be transparent. I do believe that we may not have treated the unions fully fair today in the way -- the abbreviated way that we discussed, you know, the fact that we've got to make a big contribution, and I think it could mis -- could lead the public to believe that this is what we've been doing for many, many years, and that's not the case, so I wanted to give you an opportunity -- if you could just give us -- what has been the 10 year history or so, as it relates to our budget contribution to this. Do you know? Mr. Gabriel: Yes. I have some of that information here, Mr. Chairman. Chairman Teele: Because I think the real issue that I want to put on the record is, this has less to do with the charts and the retirement and all that, and more to do with Wall Street and what's going on in the financial world, and when things are great, I think we pay very little or nothing, and when things are bad, we're -- Mr. Gabriel: Mr. Chair, what I could do -- I can't give you the 10 year average, but 1 could quickly go over -- since 1992, the payment was 10,000,000; 9,000,000 in '83 -- Chairman Teele: The payment by the City. Mr. Gabriel: By the City, yes, sir. It was 10, 000, 000, then 9,000,000; '94, 10, almost 11,000,000; '95, 11,000,000; '96, 16, 000, 000 -- Commissioner Winton: How many? Mr. Gabriel: 16. Commissioner Winton: OK Mr. Gabriel: -- '97, 14; '98, 14; '99, 10; 2000, 4, 000, 000; 2001, 5.5; 2002, 5.5; 2003, it started to climb again, 18-5; and this year, 32-9. Chairman Teele: 32. Commissioner Winton: What was the amount before the 32? Mr. Gabriel: It's 18-5. Chairman Teele: And I think -- City of Miami Page 235 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Gabriel: And Dania Orta, the Assistant Administrator, and Bob Nagle are also here, and she says it's about 15 percent of payroll since '90 -- Unidentified Speaker: '84. Mr. Gabriel: -- '84. Commissioner Winton: And what year was the 4, 000, 000? Mr. Gabriel: It was 2000 and -- 2000. City contribution, as a percentage of payroll, was at 5.2. Chairman Teele: And I think it speaks both to the union and to our budget process that the number that we're looking at now is really an unbudgeted -- I shouldn't say unbudgeted, but it is a number that is significantly higher than the norm of what our experience has been, and it really is a reflection of the fact that we are on track to have good budget principles, and we're trying to make, I guess, the right policy decision as to how much of this comes out of reserve and how much of this comes out of operating; is that correct? Because if you take those numbers over the period that you read them off, I assume they average out to about what, 12 -- Mr. Spring: It's 20, 000, 000. It's 20, 000, 000. I've done it. I've done the 12 year average. It averages out to about 20, 000, 000 a year, just a straight average. Commissioner Winton: There's no way. Chairman Teele: There's no way. Mr. Spring: Yes. Chairman Teele: Not the numbers -- Commissioner Winton: This does not average $20, 000, 000. Chairman Teele: You're talking about -- Mr. Spring: Oh, no. Total, total. Chairman Teele: -- all of the unions. Mr. Spring: I'm sorry. You're right. You're correct. Chairman Teele: You're talking about all of the unions. Mr. Spring: You're correct. Chairman Teele: We're talking about this union. Mr. Spring: You're correct. Mr. Gabriel: I think it's fair to say that we have had a spike up, and it's obvious that that was caused by several years of bad investment environment but, as always, we've always been willing -- as most of the Commissioners that have been here for a while have known, we're always willing to sit down and talk to Larry or Linda and, you know, we never have a problem with that. We're always -- and, certainly, we can't change any of the rules of Gates without much more -- many more people being involved than us. We are the administrative side of it. We just City of Miami Page 236 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 handle what is given to us. Chairman Teele: So this year, it's how much? Mr. Gabriel: The administrative budget? Chairman Teele: The City contribution request. Mr. Spring: Forty-five -- Mr. Gabriel: The 45 -- Mr. Spring: Forty-five million. Mr. Gabriel: Whoops. It's about $45, 000, 000. Chairman Teele: So an average of about 12, based upon the numbers you're reading out, so we're about four times what the average is, and I think it's important that we put on the record that this is a spike. It's an unforeseen spike, and I think the only open issue is, can you all sit down with the Budget Director on the non investment portion of the budget, and I think the only issue, Tom, is the indirect costs, as 1 understand it. Mr. Gabriel: The -- Mr. Chair, if I can, the actual budget that we're here -- the part that is for approval is actually only $1, 600, 000, and that was an increase of 70, 000 from last year. The actual administrative cost for this billion -dollar plan is about 14 basis points, .14 percent, and that's a pretty darn good number, administratively, in any type of fund so, all in all -- you know, that -- the administrative part of the budget, the handling of the consultant fees, the handling of the office, the handling of the employees that deal with it, it comes down to a .14 percent, 14 basis points, and the only reason we really had any type of increase this year, because we have certainly talked to Linda and Larry both, was that insurance hit us pretty hard. My guess is, everybody's going to see that again next year, and that's about it, so of $70, 000, about 30,000 of that increase was just in insurance. Commissioner Regalado: But are we obligated by law to pay their administration? Mr. Spring: We are obligated to pay their administration. Commissioner Regalado: By law? Mr. Spring: By the court order. Commissioner Regalado: By the Gates -- Chairman Teele: By the settlement. Commissioner Regalado: -- by the (UNINTELLIGIBLE). Chairman Teele: By settlement. Mr. Spring: By settlement. Commissioner Regalado: And -- Mr. Spring: The issue, as 1 see it, and -- City of Miami Page 237 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: The total cost of the administration? Mr. Spring: We are obligated to pay their administrative cost. My question that I posed for this Commission to ask is, is their administrative cost in line with what they need? That's been my issue -- Chairman Teele: 1s it what? Mr. Spring: Is the administrative cost -- Commissioner Regalado: So, who sets the -- Mr. Spring: -- reasonable? Commissioner Regalado: -- salaries that they all get? Mr. Spring: They do. Mr. Gabriel: Actually, if 1 can, I think that's a good question. Our salaries are based on 1998 pay scales for the City of Miami, not the 2004, but the 1998 pay scales, so we have a total of five employees. They each match up with a City administrator or a City position, and as part of that pay scale from '98, that's what they get, and there's step raises that go with that, and so when you ask what the administrator makes, you can go and look at the '98 pay scale and say, this is it. This is where it comes, not the -- again, if it was going by the 2004, then they would make more. Vice Chairman Sanchez: Tom, I -- Commissioner Winton: I would -- Vice Chairman Sanchez: Five employees? Mr. Gabriel: Yes, sir. Vice Chairman Sanchez: You say there's five employees? Mr. Gabriel: Yes, sir. Vice Chairman Sanchez: Your salary and wages is $331, 000. Mr. Gabriel: Say it one more time, sir. Vice Chairman Sanchez: 331-- Mr. Gabriel: That's correct. Vice Chairman Sanchez: Five employees? Mr. Gabriel: Yes, sir. Oh, I'm sorry. There's four -- there's -- Vice Chairman Sanchez: That can't be. Mr. Gabriel: No. That's right, that's right and, basically, we have an administrator who makes, from that '98 pay scale, $86, 000; an assistant administrator, 57; two accountants make around 42, and a benefit clerk at 28; all certainly in line with what we pay everybody else, and certainly City of Miami Page 238 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 less than -- Commissioner Winton: How many at that number? How many employees is that again? Mr. Gabriel: Five. Vice Chairman Sanchez: Five. Commissioner Winton: (INAUDIBLE). Mr. Gabriel: Dealing 3, 000 people. Five employees dealing with 3,000 people with an expense ratio of 14 basis points. Chairman Teele: What's the size of your fund? Mr. Gabriel: One billion, one hundred, depending on what the market did. Chairman Teele: Well, let me tell you, folks. You're doing a great job. I'm ready to approve the budget. Mr. Gabriel: And we're always -- we've always -- Larry knows -- Chairman Teele: You're doing a great job at asking the questions. Vice Chairman Sanchez.' Hey, I have just -- Tom -- Mr. Gabriel: Larry knows that we're always welcomed to sit down with him or Linda, or anybody else that'd like to come talk to us. Commissioner Winton: And by the way, I -- Vice Chairman Sanchez: Hey, Tom, just one question on the budget. Mr. Gabriel: Sure. Vice Chairman Sanchez: On the travel and education, you went from last year 20,000 -- Mr. Gabriel: Yep. Vice Chairman Sanchez: -- to this year, it's 40,000. Mr. Gabriel: I'll tell you exactly. That is a bigger part of the budget. Over the last, I guess, almost 16, 17 years, we have had a very mature board. The board had very little turnover. We had individuals that were there since the Gates suit was settled; individuals like Charlie Hall and Al Gurdak (phonetic) and others. What's happened over the last three years is seven of the nine members have changed, so we think it's prudent to send these to the basic courses to learn about their new jobs -- Commissioner Winton: (UNINTELLIGIBLE) courses. Mr. Gabriel: -- so -- Chairman Teele: Huh? Commissioner Winton: Send them to the advanced courses, too. City of Miami Page 239 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Gabriel: Yes, yes. I mean, you know, 20,000 spent may -- year may spent -- you know, save a couple 100,000 in new programs when they go to these seminars. Chairman Teele: Mr. Chairman. Commissioner Winton: I'd like to point out that, as it relates -- Vice Chairman Sanchez: Yes, sir. Commissioner Winton: -- to their budget on salaries and wages, their increase from last year to this year is 1.9 percent. Mr. Gabriel: Please don't say that too loud for these guys. They might -- Commissioner Winton: I would -- Mr. Gabriel: -- (UNINTELLIGIBLE). Commissioner Winton: I would love it if our City increase in salaries and wages was 1.9 percent. Mr. Spring: Me, too. Mr. Gabriel: No comment. Chairman Teele: Tom, I'm almost embarrassed that I got set up to ask you the question. Mr. Gabriel: No, it's no problem. Chairman Teele: But -- no, but -- I mean, we are trying to be prudent. Mr. Gabriel: Absolutely. Chairman Teele: I think the Budget Director and Manager are both saying that -- what we're really trying to send the signal is, we're going to begin to look everywhere for savings. I would just encourage you -- Mr. Gabriel: We wish we could do something with that bigger number. That's -- Chairman Teele: Yeah. Mr. Gabriel: -- really the issue. Commissioner Winton: Yeah. Chairman Teele: I would encourage you, really, to be more transparent, or to instruct your staff to have a -- you know, take him to lunch. Apparently, you all have big -- Mr. Gabriel: We don't have an expense account. Chairman Teele: Apparently, you all have big expense accounts. About 60 percent is the indirect rate that you calculate? Mr. Spring: Yeah, about roughly that. City of Miami Page 240 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: And the City is about 41 percent, but we don't want to squabble over that. If you all would just take him to lunch every -- Vice Chairman Sanchez: Make sure you pick up the tab. Chairman Teele: -- six months, he and the Manager, and go over this, I think it would work out a lot better, and we -- I want to personally congratulate you all for working with us, and wish you Godspeed Commissioner Winton: And it's that other number we need to fix. Mr. Gabriel: Yeah. Commissioner Winton: That's the big -- Mr. Gabriel: That's outside of this group's hand. Vice Chairman Sanchez: Mr. Chairman, before we vote, Larry, I believe, wants to address the Commission. Mr. Spring: Also, for the record, Commissioners, the other reason why I'm getting all these agencies to come before you is they are legislatively required to present their budget to Commission, and some of these agencies have not presented themselves before the Commission. Commissioner Winton.' Good. Mr. Spring: So that's the other reason. Chairman Teele: In ten years. Mr. Spring: Right. Mr. Gabriel: And we agree with that. Mr. Spring: Yeah. Mr. Gabriel: We agree with that. Vice Chairman Sanchez: In six that I've been here, that's what -- Chairman Teele: When's the last time you all came down and brought your budget? Mr. Gabriel: I don't think we've -- Commissioner Winton: This is the first I've seen. Mr. Gabriel: 1 don't think we've ever -- Unidentified Speaker: We've never. Mr. Gabriel: -- that I know of and I've been involved ten years. Chairman Teele: Well, let's start a tradition. City of Miami Page 241 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Gabriel: That's fine. Chairman Teele: You all are responsible for the staff dinner. Mr. Gabriel: I figure, since we're last, that you guys were going to buy us dinner or something, or a beer or something. Commissioner Winton: Tom, who -- Vice Chairman Sanchez: All right. Commissioner Winton: -- who makes the decisions on the investment side then? Do y'all -- Mr. Gabriel: But -- Commissioner Winton: -- do y'all (INAUDIBLE) -- Mr. Gabriel: -- part of our -- that "C" word, that consultant word, we have several layers of consultants. We have a -- Commissioner Winton: And do you hire them? Mr. Gabriel: Yes. Commissioner Winton: Does this board -- Mr. Gabriel: Yes, we do. Commissioner Winton: -- hire and manage those people? Mr. Gabriel: Yes, sir. Commissioner Winton: So have y'all taken a real hard look at the success rate of your consultants relative to their reinvestment record during the downturn of the stock market, compared to others, to see if you need to make some changes, and have you made any changes? Mr. Gabriel: Yes, we have and yes, we do. We do it on a quarterly basis. We have meetings every other month but, on a quarterly basis, we have an investment managers. Vice Chairman Sanchez: Is this the last item? Mr. Gabriel: They're compared against their universe, and we have -- as part of the consultant stack, we have an individual whose job it is to bird-dog them and to put them in line and independently ask the tough questions, in between the quarterly meetings so, yeah, we do -- we've made several changes. We had quite a bit of turnover. We had one individual group alliance that had, for years, been a top performer, and for three years, in the bad market. It really tanked. They stuck to their guns, their particular field, and it just kept getting worse and worse, and we've -- after twenty -some years, we terminated them, and that's -- we're starting to see a change already, so -- Commissioner Winton: Good. OK. Vice Chairman Sanchez: All right. It's a public hearing. Anyone from the public wishes to address this item, please step forward. Hearing none, we close the public hearing, but you could speak City of Miami Page 242 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Ed Pidermann: Ed Pidermann, Miami Association of Firefighters, President, and just to follow up with what Tom said, Commissioner Winton, is in that analysis that the consultant has done -- because there's been a lot of talk over the last few months since the whole pension payment's been out in the -- in discussion, and 1 don't want people to have a misconception that the effects on the pension plan had been as a result of any mismanagement on behalf of the trustees. It has been completely a function of the entire market. In that analysis, the consultant looks at them and measures them against a benchmark, and almost -- in every period, they do one-year, three- year, five-year, ten-year, and they go on out. Every year, the board -- the performance of our fund has exceeded the benchmark, which is measured against the SN -- a makeup of the SNP, and the Laymen Brothers bond rating, and it's a blended -- Commissioner Winton: Y'all have -- Mr. Pidermann: -- benchmark. Commissioner Winton: Is that put together in a report? Mr. Gabriel: Yes. Would you like a copy of one of those? Commissioner Winton: Would love it. Mr. Gabriel: OK. Mr. Pidermann: Yeah. Mr. Gabriel: Yeah. We're in the top 25, the top -- Commissioner Winton: Is it on an annual basis? Mr. Gabriel: It's several different ways. Commissioner Winton: OK Mr. Gabriel: You'll see it from a -- Commissioner Winton: I would -- Mr. Gabriel: -- year-to-date -- Commissioner Winton: -- I'd like to look at -- Mr. Gabriel: Sure. Commissioner Winton: -- an annual basis over the course of the last ten years. Mr. Gabriel: You got it. Commissioner Winton: That'll be interesting. Mr. Gabriel: OK. Mr. Pidermann: So the Board of Trustees and all the other changes they've made, they need to be commended because they've -- City of Miami Page 243 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: And 1-- Mr. Pidermann: -- they've done good. Commissioner Winton: -- and I'm probably the one that yacks the most about -- Vice Chairman Sanchez: Give them a raise. Commissioner Winton: -- all this, so that'd be useful information for me. Commissioner Gonzalez: OK. All right. Mr. Gabriel: OK. Vice Chairman Sanchez: All right. Mr. Gabriel: Thank you. Commissioner Gonzalez: All right. Vice Chairman Sanchez: All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, resolution passes unanimously. Madam Clerk -- Commissioner Gonzalez: Mr. Chairman, before we adjourn -- Vice Chairman Sanchez: -- do we have any other items that we need to address tonight? BH.13 04-00951 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE PROPOSED BUDGET OF THE CIVILIAN INVESTIGATIVE PANEL FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. 04-00951-cover memo.pdf 04-00951-memo.pdf 04-00951-memo2.pdf 04-00951-pre resolution.pdf 04-00951-exhibit.pdf DEFERRED A motion was by Chairman Teele, seconded by Commissioner Regalado, and was passed unanimously, to require that the Civilian Investigative Panel (CIP) provide the Commission with monthly detailed progress reports at every second Commission Meeting for the next six months and quarterly thereafter, on administration, personnel and budget issues. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, to DEFER item BH.13 to the Commission Meeting currently scheduled for September 23, 2004. Vice Chairman Sanchez: Let's get the CIP (Civilian Investigative Panel). Sir, sorry to keep you waiting. We apologize. You're recognized. City of Miami Page 244 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Larry Handfield: Thank you. Vice Chairman Sanchez: State your name for the record. Mr. Handfield: Thank you. Larry Handfield. My address -- office address is 4770 Biscayne Boulevard, Suite 1200, Miami, Florida. I am Chair of the Civilian Investigatory Panel. I want to thank the other panel members -- Commissioner Winton: That's what we're on right now? Mr. Handfield: -- who are here. Commissioner Winton: Thanks. Mr. Handfield Most of them -- all of them were here, but we have lost most of them, but those who are present, we have Otis Davis. We have Jane McAliley, Fred St. Amand, Rudy de la Guardia, Brenda Shapiro and Danny Couch, as well as our Executive Director. 1 want to personally thank these individuals who've been here. These are public servants who don't get paid, but are dedicated to providing oversight to our Police Department, which is, I think, one of the most important institutions in this -- City of Miami. We are here requesting an approval of our budget. One of the issues, I'm quite sure -- listening to the debate, and you notice that there is an increase in the budget from last year. That increase is based upon the fact that the budget last year was not a realistic budget. It was not a budget that we really agreed to. However, we accepted that budget with the understanding that we would be allowed to come back in mid -year to correct some of the inaccuracies that appeared in that budget. This budget that is before you reflects the discussion that we had before the Commissioners several months ago. It represent the distinction between full-time counsel, the investigators, and all of those other necessary services for us to discharge the obligations and mandates of the citizens of Miami, what they expect and are awaiting, and I would answer any questions that you may have. Vice Chairman Sanchez: Any questions pertaining to the Civilian Investigative Panel budget? Commissioner Gonzalez: Yes. Vice Chairman Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: Larry, do you have a copy of their budget? Larry Spring (Chief of Strategic Planning, Budgeting and Performance): They're asking for an extra $550, 000. Commissioner Winton: Over and above this? Commissioner Gonzalez: Line item budget. Mr. Spring: No. It's included in this. It's not in the packet. Above last year's budget. Commissioner Gonzalez: Pardon me? Mr. Spring: It's not in that packet, but that's the breakdown of it. Commissioner Winton: OK. Commissioner Gonzalez: BH (Budget Hearing) what? City of Miami Page 245 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Unidentified Speaker: 13. (UNINTELLIGIBLE) 13. 13. Mr. Spring: I don't have one handy here. Commissioner Winton: Yeah, but we recognized earlier that last year's budget didn't work anyway. I mean, 1 missing something here? Vice Chairman Sanchez: You know, there's hurricane season and there's budget season. Joe Arriola (City Manager): What's the difference? Vice Chairman Sanchez: They're both a pain in the you know what. Commissioner Winton: And they're hunting season. Vice Chairman Sanchez: But we've got to do them. We've got to take care of them. Commissioner Gonzalez: OK. My first question is, on the investigator's line, how many investigators are you going to hire? Mr. Handfield: That budget reflects investigator -- chief investigator and four investigators. Commissioner Gonzalez: OK. How many cases do you have open now that you're investigating? Mr. Handfield.• We have -- what's the exact number? We have a whole lot of cases that we've been trying, but we have not -- the problem is that we have not been able to investigate any because our hands have been tied, and if you notice from the money that was left over, it's been based upon just dealing with a bureaucracy nightmare. Commissioner Gonzalez: OK. Let -- Mr. Handfield: However -- Commissioner Gonzalez: Before going into accusations, did the Office of Professional Compliance -- I think that's what it was called before, right? Mr. Handfield: Well, I -- Commissioner Gonzalez: -- was integrated into your investigative panel? They became part of your investigative panel, the Office of Professional Compliance? Mr. Handfield: Well, I have to be careful how 1 answer that. We started off initially with loaned staff, and then the panel hired all of the staff Commissioner Gonzalez: OK, so, actually, they're a part of your panel, and they had two investigators, didn't they? Mr. Handfield No, no, no. We did not assume any of -- it was my understanding, from day one, when we were utilizing the services of the City Attorney in giving us counsel, that we were not absorbing or assuming any of the employees of the previous City -- Office of Compliance so, to answer your question, no, we did not. We did not take on any of their investigators. We did not take on any of their personnel, either. Commissioner Gonzalez: So you didn't absorb the Office of Professional Compliance? City of Miami Page 246 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Handfield: No, we did not. Commissioner Gonzalez: So now we have the Office of Professional Compliance, and then we also have the Investigative -- the Civilian Investigative Panel. We have two different groups doing that work? Mr. Handfield: No. Mr. Spring: No, Commissioner. Commissioner Gonzalez: Well, what happened to the -- Mr. Spring: The office -- Commissioner -- Commissioner Gonzalez: What happened with the Office of Professional Compliance? Mr. Spring: The Office of Professional Compliance was dissolved. Commissioner Gonzalez: Dissolved? Mr. Spring: And that -- it was dissolved as a department in last year's budget. Commissioner Gonzalez: And what we did with the people? Mr. Spring: Well -- Commissioner Gonzalez: Where did they went? Mr. Spring: I have to be -- Commissioner Gonzalez: Did we fire them, or are they in the payroll, or -- Mr. Spring: Right now, I couldn't tell you if we fired them all. I understand you do have one or two employees who are on loan, who were formally from the Department of Professional Compliance. In regards to everybody else in that budget, I couldn't answer the question whether they were fired, terminated, left on their own, or are in other departments right now -- Commissioner Gonzalez.: Yeah, but -- Mr. Spring: -- but, officially, that office left. Commissioner Gonzalez: If you dissolved the department, I believe that the people in that department have to go somewhere, right? Mr. Spring: Correct. Commissioner Gonzalez: All I'm asking is, are they still part of the City? Are they part of the Investigative Panel -- Mr. Spring: Well, we have our former director here, so if she could answer the question. Commissioner Gonzalez: OK. You're also considering a full-time attorney, right? Mr. Handfield Right, and this was approved by the City Commission -- City of Miami Page 247 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: But I don't see it here in this budget that I have here; Executive Director, Assistant Director, Community Relations Liaison, Administrative Aide 11, Secretary 1, Research Analysis, Chief Investigator and Investigators. Mr. Spring.' Commissioner, 1 believe that that position is actually budgeted in a consulting line. Our outside consultants or -- Commissioner Gonzalez: Oh, OK Here it is. Mr. Handfield: Contractual Services. Mr. Spring: That's the correct line? Mr. Handfield.: Yes. Contractual Services. All of that comes under the 558, under "Other Contractual Services," which includes all of those additions. Commissioner Gonzalez: OK. It's under Other Contractual Services." Mr. Handfield Yes. Commissioner Gonzalez: And how much will the attorney is going to cost the panel? What will be the fee, or the salary, or whatever? Mr. Handfield The range -- the base range we have figured in is 165 to -- what is it -- it's a total package of 214, 000. That's total package, with benefits. Commissioner Gonzalez: Let me tell you. I'm only one vote. I'm only one Commissioner, but I have a serious problem with this budget, because when you're telling me that you're going to pay an attorney $214, 000 -- Vice Chairman Sanchez: What? Commissioner Gonzalez: -- to work for this investigative panel, and the City Attorney is making a lot less than that, and is going to deal with the entire City of Miami Law Department, I have a serious problem with that. In addition to that, four investigators -- right now, that you don't have any investigations ongoing and, on top of that, you need a supervisor to supervise four investigators, this is a layer of bureaucracy. This is what 1 call more bureaucracy and more layers of bureaucracy. I do have a problem with this budget. Mr. Handfield OK. Commissioner, let me speak to two things. The first thing is, as it relates to the full-time counsel. That was based, one, upon the reality and the directives and the agreement of this Commission. Chairman Teele: No. Commissioner Gonzalez: No. Chairman Teele: That's in the Charter. Commissioner Winton: What is? Chairman Teele: That's in the Charter, and that was one of the most negotiated provisions, was that the -- see, this whole thing is --1 have a different view from the -- my colleague, but this whole thing was set up the way this was built. If somebody goes and gets the transcript, this City of Miami Page 248 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 whole department was supposed to be run by the Attorney. That was the debate back and forth, back and forth, and why there were so many checks and balances, and the great check that was given was that the City Attorney could not name the person, but had a veto over the person. It was never envisioned that that person would be part-time. However, it was agreed to that the person could be full-time or contractual, but if you go and you get the debate and the ACLU (American Civil Liberties Union) and the Brothers of the Same Mind, this agency was supposed to be run like a typical investigative agency, where the chief counsel, you know -- you know, Sam Dash, everybody knows that name because Sam Dash ran the Watergate hearings, you know, and he was assisted by Rufus Edmisten, OK, because you can't run an investigative committee with administrative staff. Mr. Handfield Oh, 1 agree with you, Commissioner. Chairman Teele: You can't do that, and where this thing has gotten all hung around now, is that it's looking now like the attorney is superfluous. Mr. Handfield: Right, and 1 agree, and when we appeared before this body on -- back in -- I believe, it was June, I left here following an agreement and the mandates and directives of this ommission. In setting the record straight, Commissioner Gonzalez, the salary is 165. When you add in the benefits, it just gave you the range, but the salary -- and for purposes of getting someone for purposes of this position, with at least a minimum of 10 years experience -- Commissioner Gonzalez: Well -- Mr. Handfield: -- you're not going to -- Commissioner Gonzalez: The salary could be 165, 000, but I had to -- I just had to negotiate the City of Miami City Attorney salary, OK, and I negotiated that salary for three weeks, to bring it to a level that I cannot look at that man straight in his face when I'm willing to vote on paying an outside attorney, that we don't know the background, we don't know the experience, and we're willing to pay this man almost as much as our City Attorney. I can tell you right now, you know, I'm voting no on this specific budget. That is my vote, you know -- Mr. Handfield: OK. Commissioner Gonzalez: -- and I'm not going to argue anymore. Chairman Teele: Commissioner, Commissioner -- Commissioner Gonzalez: That is my vote. No on this budget. Mr. Handfield: And -- Chairman Teele: Commissioner, if you would -- Madam Attorney, correct me if I'm wrong. 1 didn't write in the salary request; your predecessor did, the minimum criteria, but it's my understanding that the minimum criteria and qualifications are greater than that in the Charter for the City Attorney; is that correct, is that not correct? Maria J. Chiaro (Assistant City Attorney): The language in the Charter provision says, "advised by independent counsel, who is a competent member of the Florida Bar with at least seven years membership in the Florida Bar" -- Chairman Teele: Seven years membership in the Florida Bar. Ms. Chiaro: Five years is what is the City Attorney qualification. City of Miami Page 249 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: And, see, that -- the point that I'm trying to get you to at least -- the thought process -- and it was driven by the City Attorney because the City Attorney's Office had great gas pains with this whole notion of an outside counsel, because it is the only out -- it is the only lawyer in the entire City Charter that is not accountable to the City Attorney. You know, we went through this when Mayor Suarez was here. He wanted to hire a general counsel to the Office of the Mayor, but the City Charter is very clear that the sole legal authority for the City of Miami is the City Attorney, with the exception of this panel, and in their -- there was a negotiation that went forth with the ACLU, the City Attorney and myself -- and you get the transcript, you can walk -- you can follow that -- in which the City Attorney wanted the right to hire the person. The consensus of the public was, if the City Attorney hired him, he was not independent, so what we did is, we compromised by saying that the standard of this attorney must be higher than that of the City Attorney, but the City Attorney has a veto over whoever is designated, and so the whole essence of this investigative committee was that the independent counsel would be very, very highly trained, highly experienced, and would not be someone who would be, you know, sort of a runaway person, but somebody who is a licensed member of the Bar for seven years. 1 think it would be in the best interest of the Commission and the panel if we defer this item to the next meeting, continue the discussion on it. I want to weigh in on the fact that I think the budget's got to be trimmed -- Commissioner Gonzalez: Yeah. Chairman Teele: -- on the investigators. 1 asked the Budget Director today for his recommendation. He had a recommendation, which I -- he can speak for himself on the dollar amount, but one of the things that I kept asking, because there appears to be this big open issue, Mr. Chairman, on this insurance issue, relating to the -- Mr. Handfield: Well, that matter was resolved. I'm happy -- Vice Chairman Sanchez: That was resolved. Mr. Handfield.• -- to say that was resolved. The Manager, with his input, and I want to thank the Manager for really doing an excellent job in resolving that, so I'm happy to say that, as of yesterday, that matter was resolved so -- as it relates to all the issues pertaining to the investigators. Chairman Teele: Well, again -- Commissioner Gonzalez:. All right. Chairman Teele: -- I think the position that Commissioner Gonzalez is making is one that we need to be very conscious of and that is the ramping up of the staffing. I'm fine with the budget on an annualized basis, but there's no way you can ramp up on October 1, go from a 200 -- $300, 000 expenditure -- Commissioner Gonzalez: To a 1,100, 000. Chairman Teele: -- to 1,000,000 expenditure. Commissioner Gonzalez: That's ridiculous. Chairman Teele: And you've got to basically sit down with the Attorney and assume -- I mean, with the Budget Director and assume something on a ramping up and, particularly, as it relates to the investigators, because the last thing you want to do is bring in five investigators -- or four investigators without the cases being open. Without -- you know, you don't even know what the City of Miami Page 250 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 skill sets you're going to need, and I think we can get there on the table of organization and the budget, but I think the real issue is going to be just the way that this is presented as a ramping up, and I think, if you would work with the Budget Director, and with each of the individual Commissioners, there could possibly be unanimity, if you would recognize that it's going to take you 90 days to 180 days to get files open to be able to hire the investigators with the skill sets that you're going to want, so you're looking at 180 days of budget for which we're not going to fund if you're not hiring all those people on October 1. Mr. Handfield: Well, let me -- Commissioner Gonzalez: Let me tell you. In addition to that -- and they haven't hired anybody, so I wouldn't be offending anybody. I know a lot of attorneys, members of the Florida Bar, with a lot of experience and a lot of background in criminal investigation that doesn't make -- that don't make $200, 000 a year. As a matter of fact, don't make $150, 000 a year, a lot of attorneys. Vice Chairman Sanchez: All right. Commissioner Gonzalez: A lot. Vice Chairman Sanchez: Is there a motion to defer the item? Mr. Handfield: Can I just put on the record -- because I think it is important, as relates for the viewing public that's watching this debate, that there are over 600 cases waiting, add to that -- and 47 -- and I have to give my frustration on the record to all of the Commissioners. I accepted this challenge. I'm not getting paid for it because I'm a proud native, born, raised in this community, but 1 must indicate my serious level of frustration when a Commissioner says, for an example, you need to know nothing has been done because our hands have been tied, and I am up -- I'm up to here with it. You have money that is allocated -- this budget last year was ridiculous. When we came back and forth, said why did you agree? The only reason why I agreed -- because I presented the case last year. This was a budget -- either you're committed to the mandate or you don't, and if you're not, you need to tell the citizens that you're not, but if you are, then you have to give a budget that will allow us to do the job. If you're not going to let us do the job, then let's tell everybody. I don't have to spend my time here at 9 o'clock at night. I've been up since 5:30, but I'm doing this because I think the citizens deserve it. We have been trying to get this done, and you can't spend money if the purse strings are preventing us from being able to spend it. We've been talking about this for the longest, and each time -- so, last year there was a budget that was agreed upon that I made it known to the Budget Director and to everyone else, this is not a realistic budget. We can't do it, but I was assured, OK, let's go ahead and get it started and then, midstream, we will become more realistic. That never happened. The budget that was in there, we were never allowed to spend it, not one penny, because of this bureaucracy, so now the situation is again -- and we're talking about delaying and the delaying. All I'm saying -- I just want the record to be clear that we can't do anything as long as the purse strings are tied, so -- Commissioner Winton: Regardless of the budget. Mr. Handfield Because for these individuals who give up their time, without pay, to deal with what we've had to deal with, it is very, very frustrating, and I want the record to be very clear on that, so when you say work it out and work it out, I want the record clear that you've got individuals who continue to send letters, the media continue to call and saying what's happening, and the problem is -- what's happening is that we can't go forward We can't do anything. You've got people -- if -- we got this FTA that's over -- a cloud over the City of Miami. We need to finish that. We can't do it without investigators. We can't do it without an attorney. Plus, all these other pending cases is out there. To answer your question, the work is there but we can't do it unless you give us the vehicle to do it, and either we're going to be for real about it or we're City of Miami Page 251 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 not, and if we're not, then fine. We all can go home and stop playing a (UNINTELLIGIBLE) with the folks who are watching, because these individuals, I'm concerned with because they put their blood, sweat and tears only because they are dedicated servants, working for all of the citizens. Commissioner Gonzalez: And we all appreciate that. Mr. Handfield:: OK. Commissioner Gonzalez: And we all appreciate the work they do and the work that you do. Chairman Teele: Mr. Chairman. Commissioner Gonzalez: But that doesn't meant that if you come up -- if you bring me a budget of $2, 000, 000 next year, I'm going to approve it. Mr. Handfield: No, but what I'm saying -- Commissioner Gonzalez: Because it has to be -- Vice Chairman Sanchez: All right. Commissioner Gonzalez: -- justified. I have to just -- Mr. Handfield The budget last year -- Commissioner Gonzalez: -- my expenses. Mr. Handfield -- should have been $1, 000, 000, and then we would not have been looking -- we would have not be in this talking about why there is a d?erence, so the problem was -- and the question that was asked in June: "Why did you agree to a budget that you knew was not realistic?" And 1 stood up and I said, you're right, and I said that to him, and what you all said, you should not have agreed. You should have told us because you didn't know. Well, you know now, so no one has the excuse that they didn't know. Vice Chairman Sanchez: All right. Mr. Handfield: And the situation is very simple. Either we -- give us the ability to make a dfference; otherwise, let us not waste your time, my time, or the citizens' time. Chairman Teele: Mr. Vice Chairman. Vice Chairman Sanchez: Mr. Chairman, you're recognized. Chairman Teele: Mr. Vice Chairman. I want to tell you, Mr. Handfield, I realize that you and the members of this committee are certainly outstanding citizens that should not have to endure this frustration. We're sort of caught up in our own notion, at least I am, of independence. 1 have stayed totally away from the committees -- I shared with you privately -- because I think it's important that the committee not only be independent, but be perceived as being independent, and if a Commissioner or a couple of Commissioners were out there troubleshooting and in and out of your meetings and in and out -- but, you know, you've shared this frustration privately with me when you came here before. I talked to the Manager. I talked to the Budget Director. I had been assured that things were going to move. You just said that the Manager has cleared up some of the issues within the last 24 hours, so that's encouraging. I will propose two things at the next meeting: First, that we take up this item right after we take up the millage rate because, City of Miami Page 252 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 by State law, we have to take up the millage rate first because we do want to apologize for the inconvenience and, secondly, that for the next 180 days, that we will schedule -- for the next six months, we will schedule a progress report on our regular agenda, at the second meeting, and I'll ask for a resolution to let your staff give us a progress report as a part of our regular meeting, so we can ensure that this doesn't get caught up in the bureaucratic maze, and I hope that you'll see that as a signal that we are committed to carrying out the will of the people. This Charter amendment passed with over -- Commissioner Gonzalez: Eighty-nine percent of the voters. Vice Chairman Sanchez: Seventy-two. Chairman Teele: Over 70 percent. Vice Chairman Sanchez: Seventy-two. Chairman Teele: Over 70 percent, which is overwhelming, by any standard or any statement of a Charter amendment or a initiative of this nature. It is very clear that the public wants this. It's clear that the Commission is not here to frustrate the public intent, and I appreciate you reminding us or reminding me of the sacred obligation that we have in carrying out the will of the people. This is, perhaps, somewhat unpleasant in some aspects. It doesn't have to be, but maybe there is some bureaucratic resistance, for whatever reason, but I think we need to be very transparent, as you've suggested, and if my colleagues would allow, I would move that this item -- once we deal with the budget issue, that we receive a progress report monthly in the second meeting of each Commission meeting for the next six months, and quarterly thereafter, on just the progress, not of any investigation, but the administration and budget issues -- personnel and budget issues relating to the CIP. Mr. Chairman, if you would allow me, I would so move. Vice Chairman Sanchez: There is a motion on the floor. Is there a second? Commissioner Regalado: Second. Commissioner Winton: Second. Comment. Vice Chairman Sanchez: Second. Purpose of discussion. Commissioner Winton: Comment. 1 would eventually modem that request to once they get fully funded and can spend the money -- Mr. Handfield: Thank you. Commissioner Winton: -- which is the issue. 1 would love to see a progress report in terms of number of cases that they've done, eventually. Vice Chairman Sanchez: And they will. Commissioner Winton: But 1 don't want to see that. 1 wouldn't put that burden on them until, one, we fund them and, two, they can spend the money so they can do the work. Chairman Teele: But the issue is not the funding and spending the money. The issue is to make sure that the roadblocks and the -- Commissioner Winton: Bingo. Chairman Teele: -- impediments -- City of Miami Page 253 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: Yes, sir. I -- Chairman Teele: -- and the policy decisions -- Commissioner Winton: -- 100 percent agree. Chairman Teele: -- in the ramping up -- Commissioner Winton: Yeah. We've got to get this going. Chairman Teele: -- are done. Otherwise, we look like we're -- Commissioner Winton: We've got to get this -- Chairman Teele: -- a part of the problem and the frustration. Commissioner Winton: This has to get going. We've got to break the barriers -- Vice Chairman Sanchez: All right. Commissioner Winton: -- and get rocking. Vice Chairman Sanchez: Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Is there a motion to defer the item? Chairman Teele: I would so move to defer the item -- Vice Chairman Sanchez: There's a motion to defer the item. Is there a second? Chairman Teele: -- with the -- further providing that the item be taken up as the second item in the next budget hearing, right after the constitutionally mandated millage rate. Vice Chairman Sanchez: Let the record reflect. All right. Chairman Teele: I so move. Vice Chairman Sanchez: Is there a second? Commissioner Winton: Second. Vice Chairman Sanchez: There's a motion by Commissioner -- Chairman Teele. There's a second by Commissioner Winton. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Thank you very much, and I sympathize with your frustration. NON -AGENDA ITEMS City of Miami Page 254 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 NA.1 04-01006 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE EFFECTIVE DATE OF APPOINTMENT, COMPENSATION AND EMOLUMENTS FOR CITY ATTORNEY DESIGNEE, JORGE L. FERNANDEZ, ESQUIRE, AS CITY ATTORNEY FOR THE CITY OF MIAMI, FLORIDA. 04-01006-cover memo.pdf 04-01006-exh ibit. pdf 04-01006 - memo - 2.pdf 04-01006 - exhibit - 1.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0533 Note for the Record: Jorge L. Fernandez was sworn in as the new City Attorney by the Honorable Judge Gisela Cardonne Ely. Chairman Teele: At this time, we'd like to yield to Commissioner Angel Gonzalez for a resolution and report regarding the City Attorney. Commissioner Gonzalez: Good morning, Mr. Chairman. Good morning, ladies and gentlemen, Mr. Mayor, Commissioner. I have a resolution of the City of Miami Commission, with attachments, approving the effective date of appointment, compensation and emolument for the City Attorney designee, Jorge L. Fernandez, Esquire, as City Attorney for the City of Miami, Florida. As directed by the Commission, I met with the City Attorney and we work out the details of the compensation package. I believe that Jorge Fernandez is in agreement with what I presented as a compensation package, and I would like to take this opportunity to go ahead and do the swearing in. Thank you, Mr. Chairman. Chairman Teele: Is there a motion? Is there a second? Commissioner Gonzalez: Motion -- move. Commissioner Regalado: Second. Chairman Teele: Second by Commissioner Regalado to approve. May I inquire? Are all parties satisfied, and is this package essentially the same package that the previous -- Commissioner Gonzalez: This is very similar. Commissioner Teele: Similar -- if so, then, Madam Clerk, would you call the roll? Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chairman Teele: Mr. Attorney, I think the only thing we need now is for the honorable judge to bring you forth. The City is honored to have in our midst the Honorable Judge Cardonna and, Judge, we appreciate -- and we apologize to you and the public for the inconvenience that we have had in not doing the swearing in as scheduled on Tuesday, but there were circumstances, City of Miami Page 255 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 OK, so -- Vice Chairman Sanchez: Could we get his family to come up, as well? Chairman Teele: We would obviously want to have the City Attorney's family, and any friends that are -- Unidentified Speaker: Just the wife. Chairman Teele: Just the wife and family, and for those of you that may not know, the City Attorney being designated previously served as City Attorney and went on to a County Attorney. He is coming to us directly from the County of Sarasota, where he serves as a County -- where he served, until a few minutes ago, as the County Attorney for the County of Sarasota. Your Honor. Judge Gisela Cardonna: Thank you. It is a pleasure. 1 have one thing to say to you: Welcome back and Godspeed. OK. If you would place your -- OK. I need -- actually, if you don't mind holding the Bible, so 1 can then read the resolution. Swearing in of City Attorney Jorge Fernandez as City Attorney. (APPLAUSE) Jorge L. Fernandez (City Attorney): Mr. Mayor, Mr. Chairman, Commissioners, and friends and fellows workers, it's my privilege to become the next City Attorney for the City of Miami, and I take on this challenge humbly and with a great deal of desire to make this City the very best place. Thank you. (APPLAUSE) Vice Chairman Sanchez: Nothing like getting sworn in and be put on the hot seat. NA.2 04-01057 DISCUSSION ITEM Statements by the following individuals in support of Chairman Arthur E. Teele, Jr. Bishop Jacob Cohen, Pastor Cohen Temple Church Otis Davis, President of City of Miami Retired Police Officers Organization Brian Dennis, Brothers of the Same Mind Nathaniel J. Wilcox, Executive Director, PULSE (People United to Lead the Struggle for Equality) Leroy Jones Hattie Willis, President of Communities United Richard Paul Dunn, II Chanel W. Charles, Homeowner, Communities United Cynthia BLanc Lillian SlaterLucie Tondreau, Veye-Yo DISCUSSED Direction to the City Manager by Chairman Teele to communicate the statements made today regarding the recent fatal shooting in District 5 to Police Chief John Timoney. Commissioner Regalado: Mr. Chairman, if I may. It's always the policy of the City Commission to accommodate our visitors, and 1 see a large delegation of members of the Brothers of the Same Mind, this group that has done so much for the Overtown area, and I -- on behalf of the City of Miami Page 256 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commission and yourself, I want to acknowledge their presence, and if any of you -- any representative wants to tell us why you're here -- pastor. Bishop Jacob Cohen: 1 want to thank the Commissioners for this opportunity today. We are here because we are concerned Commissioner Regalado: Could you tell us your name and address, sir, please. Bishop Cohen: Say again. Commissioner Regalado: Name and address for the record Bishop Cohen: Name is Bishop Jacob Cohen, Pastor of A.M. Cohen Temple, Church of God in Christ, in the Overtown area, and I live in Miami, born in Miami. My father was one of the signers on the -- for the incorporation of Miami. We have some speakers who are coming after me, if it's permissible. Brother -- we're only going to take two or three minutes of each speaker. Brother Otis Davis, the president of the Miami Retired Police Benevolent Association; then we have teacher Caroline Paul, who represents the Haitian community in Little Haiti, and we have PULSE, People United to Lead the Struggle for Equality, by Nathaniel Wilcox, executive director; we have the Brothers of the Same Mind, and then we have Father Fritz Bazin, St. Paul Church, Father Reginald of Notre Dame Catholic Church. I will be the first. We will not be silent anymore. There will be no more modern-day lynching of our elected officials. We realize that men of the family will protect their families. Our elected officials are there for the community or the district in which they represent, and we need to listen to them from that district. Sure, there are times when you may need monies in other areas, but to take it from one district to another that needs it badly is almost a crime. The Overtown district, we represent here. We love Overtown, born in Overtown. Overtown was a thriving community at one time, and we really need to keep working to make Overtown a better place, but high rises at tremendous costs is not going to do the job for the people of Overtown. We have got to work with the Overtown people in order to have a successful place over town, and we want our elected officials, whoever they are, to represent the true feelings of Overtown. At this time, we're going to ask, as I call those names, first, with Otis Davis to come. Otis Davis: Good morning, Commissioners. My name is Otis Davis, and I'm the president of the Retired Police Organization and I, too, have a concern, and I'm here to support all the groups are here for Commissioner Teele. 1 think we owe it to him and we are going to stand fast with him in this endeavor. Thank you. Brian Dennis: My name is Brian Dennis, address 4055 Northwest 17th Avenue. This situation with Commissioner Teele remind me of a few years when Commissioner Regalado's wife was being attacked on the air, and he decided to say something about it when former Mayor Carollo was the Mayor, and as men in here, you should want to protect your wife regardless to what the circumstances are. That's -- you -- Commissioner Teele not protecting his wife is pretty much like a wife saying she's being ignored by her husband when she says something, that something needs to be done. If my wife tells me that I'm being followed, I'm going to follow whosever following my wife. The difference in that situation is this here: Eddie Macklin was shot on Martin Luther King Day a few years ago in a car that an officer said was used as a weapon against him, and that he feared that his life was in danger, according to Florida Statute. Well, Commissioner Teele, supposedly, ran these officers off the road. If life was endangered then, you didn't fire. To -- in my opinion, this was a case of provocation. This was a case to provoke somebody to anger. To sit up here and read the newspapers over the last week from the New Times to the Miami Herald to the Sun Post suggests that there's wickedness in high places, as it speaks in the Bible. Any time you have a situation that you have in Miami -Dade County in the State Attorney's Office, with all us being former felons, we understand and read an A -form. The Arrest Form, that yellow copy that they give you, is the copy that decides how you get your time. City of Miami Page 257 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 That's what starts the case. That A -form has holes in it. Jim de Featy never went to jail, but Jim de Featy saw something that's wrong with that. Kirk Nelson never went to jail, but they saw something that was wrong with that. The Sun Post saw something that was wrong with that. The news keeps showing everything that was happening that it's just not Commissioner Teele. These officers can put anything on that A -form, on that Arrest Form and convict anybody, and it happens too much in the black community. Many of you have sat up here and heard us come up here for years and speak about this same thing with the A -form. 1t doesn't make any of you any different Do I support the Police? Yeah. I think Chief Timoney has did a hellified job since he's been here. In 20 months, not one shooting -- and the shooting that happened last week was crime prevention, so 1 extend my hat to him. The officer whose life was in danger when it was on fire, who let the young lady go yesterday, I take my hat off to them because you're doing a job; that's public service, but you're not doing your job, you're not doing your job when you sit up there and you follow a man's wife. We're here to ask this Commission -- we don't care who called down here. We don't care who calls down here, and that goes for Bishop Victor T. Curry and anybody else want to get up in that line and call down here and try to persuade this Commission to have -- appoint somebody to sit in Commissioner Teele's seat if the Governor removes him. We not even with that. We not even looking at that because that -- the A -form itself is wrong. The first rule in undercover police work is, do not get your cover blown. The State Attorneys knows this. Chief Parker knows this. Mayoral Candidate Alvarez knows this. This modern-day lynching, as the Bishop Cohen said earlier, is not going to keep happening to us. I applaud you, Commissioner Regalado, for taking up for your wife a few years ago and, Commissioner Teele, you said that if that was your wife, that you would protect your wife. The Bible said that every man and woman shall leave home and cling to one another. That's your wife, that's your wife, and if any man sitting in here won't protect his wife, then something is wrong with that. When the Mayor and the City Manager gets a phone call from the State Attorney, then it looks like bills are being set up across this city, and if bills are being set up across this city, then maybe one of you -- Commissioner Regalado, Commissioner Sanchez, Commissioner Gonzalez -- should maybe think about running for Mayor. Maybe you should think about removing the City Manager because it seems like him and the Mayor sitting in the same spot doesn't look good. We ain't got time for that. We understand development and we understand development moves people out of areas. Everything that is going on here has got some type of construction and some type of development going to it, whether it's Upper Eastside or -- that's portion that runs into Little Haiti or it's in Liberty City or it's in Allapattah with the homeless shelters. This ain't going to be tolerated. 1 said this here, and I'm going to say it to you, City Manager -- I told Donald Warshaw this and I told Chief Martinez this.' I might can't get your job just on what 1 say, but I figured if we swing enough hits at you, you'll get up and get yourself from up out of here. It takes three votes from this Commission to sit up there, and if these Commissioners will sit up here and allow you to do something outside of your official capacity because Manny Diaz is the Mayor, then something is wrong and something is terribly corrupt up in here. Do not make calls to Winton's office, because we understand that's where the calls are going. Play the game, City Manager, play the game. Nathaniel Wilcox: Good morning, gentlemen. My name is Nathaniel Wilcox. I'm the Executive Director of PULSE, People United to Lead the Struggle for Equality, and I stand also in support of Commissioner Art Teele. Going back to 1996/97, when the black community, we lost our only representative in Commissioner Dawkins; he was eliminated, and the PULSE organization took the City of Miami to federal court so that we can have and elect our own representatives. We know that this City Commission, in event that the lynching continues and take place and the elimination -- and the Governor decides to take Commissioner Teele down, we want to be able to elect our own representatives. We don't want this Commission to decide who's going to represent the black community. We know that behind the scenes many times deals are made, but we feel that it's only fair and just that we also are able to elect our representative. Each one of you sitting up here on this dais today, none of you were appointed; you were elected by your constituents, so we don't want someone else to return to the at -large system and tell us, "Well, we're selecting somebody who's going to represent y'all. " They selected who was going to City of Miami Page 258 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 represent us when we were slaves. We're not slaves. We want to be able to enjoy the same system that elected you to have you sitting at -- behind these podiums now -- behind this dais. We want to be able to enjoy that system and call into question those individuals who are going to represent us. Commissioner Teele has done an outstanding job in representing us, and we recognize that this arrest is nothing more than a veiled attempt to eliminate him, who is a very knowledgeable, who is a very outstanding, and a very intelligent man, and people -- some people are afraid of intelligent black men, and we're going to stand behind our Commissioner, because the system has always said that a black man is guilty before he's proven-- he's -- before he's proven anything. He's always guilty, so we're here -- we're looking at the system and how it operates, and how this Commissioner was taken down, and how the process -- how the system is trying to eliminate him, and how a Commissioner on this dais will say and utter out of his mouth, "Well, you know, since he was arrested, maybe he need to go on and resign." He wouldn't resign, would you, Commissioner Winton? Y'all wouldn't resign. He's innocent, and the process need to take place in this community that will afford Commissioner Teele the opportunity to prove his innocence and I believe that he's innocent, so we're saying now -- and I'm reiterating -- that the black community don't want this Commission, as they did in slavery time, to go back and select our leaders. We want the opportunity, we demand the opportunity -- we took the City to court, federal court, to demand the opportunity to have just and fair representation and not have representation selected by someone else. Leroy Jones: Leroy Jones. I'm here speaking as Leroy Jones, a convictedfelon. As I watched the newscast last night about what actually was said to the officer at the police call, it's totally different what was written in the A -form, and I say that because all the time a black men and young Hispanic A -forms is different from what actually took place, all the time, all the time. The A -form is written up. What the police officer says on the A -form, a lot of times it's totally different from what actually happened. Not only he -- does that happen to blacks; that happen to young Hispanics as well, and as I watched that -- and 1 watched one of the newscaster talking about Commissioner Teele hiring a convictedfelon. I would be -- as a convicted felon, it's no way possible 1 could let this opportunity pass and not say anything about it, because had not I'm given an opportunity as a convicted felon to better my life, 1 wouldn't be here, and every Commissioner sitting here, somebody in his district has benefited from my labor, as a convicted felon. I'm talking about financially, because you've got to be in my shoes to understand how much that hurt; for every time you turn around, they talking about convictedfelons. Why is we helping convictedfelons? I'm one, and I don't think it's a convictedfelon that's more responsible and that's more respected than me in Dade County. My track record proves that. I've done great things in Dade County, great things, things that nobody have ever came close to doing. I put millions of dollars on the streets to each one of you districts, not just the black one; to each one of you, and I'm a convictedfelon, so it hurts me to say that when the media always bringing up about convicted felons. He don't suppose to give a convicted felon an opportunity? At one time, 70 percent of the people in his district was convicted felons. If he don't help them, who else going to help them? If you don't help them, who else going to help them? I commend you, Commissioner Teele, and 1 know we don't always agree on everything; I know that, and I'll be the first to say it, but 1 commend you for that, and don't let the media or nobody change you from helping convicted felons because we deserve a chance just like everybody else. (APPLAUSE) Chairman Teele: Ladies and gentlemen. Vice Chairman Sanchez.' We need to have some order here. The next speaker. Chairman Teele: Were there any -- Bishop Cohen, Ms. Willis. All right. Let's line up because I don't want the Commission to get -- let's line up. Ms. Willis, Reverend Dunn, Ms. Blanc -- all right, the four people and that will be it, if that's right? Ms. Willis. City of Miami Page 259 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Hattie Willis: Good morning. My name is Hattie Willis and I'm the president of Communities United, and I live in the Little Haiti area, 5510 Northwest 1st Avenue. The first thing I want to say this morning is, thank God that we're all here to see this day after all the tragedy that we've had in our city and in -- right now that's going on in the Caribbean, and our family members that are suffering through this. I look at this right now that our whole city and our country is going through a time of need and a trial, and the one thing that I want to say is that right now, this morning, I'm proud to be an American, and this country was built -- and it was built on the freedom for everyone to come here and participate in something that we have, the right to speak and freedom of choice, and I thank God that I am an American and I live here. Now, what I want to say today is, I want to say two things. Number one is, I have a son and I also adopted maybe 17 or 18 children in my community -- they're all boys -- and when I -- I give them a speech, and one of the speeches I say to them is -- and it's unfair. It's not right, but it's fair. It's the truth. If the police stop you and you're driving down the street, I want you to take your hands and I want you to put them on the steering wheel. I want you to look out that window and I want you to say yes, sir; I want you to say no, sir. I don't want you to make any sudden moves. If he ask you for something, you tell him where it is and don't you move, because my objective, as a mother, is to make sure that my son get home alive at night and go to sleep in his bed. Now, the one thing that I know about Dade County -- and it's proven it over and over again-- if a black man -- and I don't care who he is -- does some of the things that they said my Commissioner did, he might have been shot. He should have been arrested that night. They wouldn't have waited four or five days to do that. When 1 woke up the next day, I said conspiracy, and everybody said 1 was crazy. I'm not standing here just for Commissioner Teele. I'm standing here for justice. Let me explain something to you, and I want everybody to understand what I'm saying. In the last Presidential Election, we learned some serious things in Dade County and we learned some serious things in Florida, and the first thing we learned is, the State of Florida will always determine who the president of the United States is. We learned that. The second thing we learned that we didn't know is, Dade County and Broward County will determine that inside of the State of Florida -- we didn't know anything about giggy-wiggits, and gadgets, and thingy- wingies on a little card if we didn't fill them out. We didn't know any of that, but we learned this, and let me tell you what else we learned. We learned that money is power. All of a sudden, at the last election, Commissioner Teele was on the hot seat. He was being recalled Commissioner Barbara Carey was stealing money from the County. Victor Curry was threatening the President, and Jessie Jackson had a baby that was born five years ago. We, as black people, have realized now what a conspiracy is and what people do to us in order to keep our eye off the prize. 1 wasn't surprised when this happened, and I'm waiting on some more, and I'm going to close this. We Americans. We have the right of choice and freedom of speech. Nobody might not like what I just said, and I might have shook up some people, but it's OK The only thing I'm asking this Commission is that the City has always been fair with me and everyone up here has all did something positive in my community. I have nothing bad to say about any of you Commissioners. You've been fair with me, so I'm asking for one more fairness. I have the right, as a citizen, to vote for whom it is that's going to represent my district. Don't take that right away from me. 1 don't want anybody appointed I want the right to vote, because this is America and that's what we're talking about right now. Next month, we all have the right to vote who we decide is the President. Don't embarrass this City anymore. We just have had things on our table that made us look bad. Don't embarrass us anymore, and let me say this in closing. I know someone that live in every one of your districts. Some people told me 1 should have went to school to be a preacher, and went to church and went and did all of the things that preachers do and go to college, because I can rally people together, and the one thing 1 want you to know is, I can make a phone call, and all of you have to be elected again, so you better be fair to my Commissioner because you want to understand that you want us to be fair to you when it's time for you to be elected, and you have a wonderful day. (APPLAUSE) Richard Paul Dunn, II: Richard Paul Dunn, II, 1895 Northwest 57th Street, Miami, Florida. City of Miami Page 260 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 I'm here to the honorable Commissioners and staff. Several things I think that -- I'll speak quickly. I don't want to put the cart before the horse. Nobody's been removed yet and we don't know if anybody's going to be removed, so 1 think we -- even before we start dealing with that -- because I have to admit, 1 saw the tapes on several channels and certain channels did give dfferent spins on their perspective of what took place on that day, and I came to the conclusion, it really was nothing. 1 said it was nothing. No threats were made. No guns were found. I mean, you know -- and 1 said -- you know what I said, Commissioner Teele? I said, they're going to make the Chairman out of a martyr. They're going to make him stronger. The more they run this tape, the more -- I was at the gas station this morning and a guy said, 'Aren't you a Commissioner?" I said, no, 1 used to be. He said, "They not following you, are they?" I said, 1 hope not. He said, "That guy over there in that white truck" -- I hope nobody in the City has a white truck It was a white SUV (Sports Utility Vehicle) and he was on the phone, and I got a little paranoid, and 1 said -- he said, "Man, that ain't right what they doing to the Commissioner," and so this is the sentiment of the black community. I'm telling you so that you'll understand. 1 live there. I'm not a transplant. I've lived in the hood for 43 years and I'm proud about it, and I hear the sentiment. I'm not saying I'm an expert, but I do know my community. And every time they run that tape -- every time the news media runs that tape, they're just making Teele stronger and stronger and stronger, so I just wanted to say that if there's going to be charges, charge him, but if they're not, leave the man alone, and I say to the Commission, I did make a couple of calls the day that it happened. I say, in the event -- see, I can stay on the record -- that something happens to Commissioner Teele, I do have a person in mind, and guess what? It's not Richard Dunn. I gave the name of Tony Crapp, Jr., in the event something -- because -- and let it be a caretaker position. If a caretaker person, that means that they can't run if there is a special election, so 1 do want to say that, and I want to say to the Manager, to the Mayor, you cannot pick the person for District 5 (UNINTELLIGIBLE) to say that. I want you to say that. This community is not going to stand by and allow you to pick that person. Respect the community and allow -- if it comes to that -- who says it's going to even come to that? So I don't want to put the cart before the horse. Let the community, if it comes to that, pick that said person. Thank you and God bless you. (APPLAUSE) Chanel Charles: Good morning. My name is Chanel Charles. I live in Little Haiti, 244 Northeast 57th Street, and I'm here today, Commissioner, to let you know that when we needed you, you stood for us, and we're here today to stand on your behalf, and to let you know that we support you, and that we're going to wait for due process and we're asking all these Commissioners here to do likewise. This is only a test. My president said enough. I'm not going to say a whole lot, but we want to wait for you to have your due process. We don't want them trying you in the media. We're not going for it. It's -- this is not a lynching. We're not going to have it, and we're going to wait for due process and we're with you. We're standing behind you. You were there for us and we're here for you. Thank you. (APPLAUSE) Cynthia Blanc: Good morning. My name is Cynthia Blanc, and I'm a resident of Little Haiti since 1981; went to school in Little Haiti. I'm an entrepreneur and a homeowner in Little Haiti. My address is 6863 North Miami Avenue, and I am making this --1 am presenting to Commissioner Teele, not to the Commission, and to the powers that be here this morning, the way everybody else did, but I'm speaking to you directly, to someone who I consider is a natural father to me. Commissioner Teele, you have, since I've known you, since 2000 -- trying not to be emotional -- been a father to me. You have prevented me from going to jail. As Mr. Jones said, he was a convicted felon. 1 was arrested several times. I did go to jail because of a temper, and when I met Commissioner Teele, you tried to instill -- you tried to tell me how important it was to be a humble person; how important it is to not always react with my actions, and I'm just here this morning to let you know, the same way, two years ago, when you told me to apologize to a City of Miami Page 261 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 police officer and 1 refused to apologize to him, and he almost took me to jail, and you made me apologize to him. I'm speaking to you this morning letting you know that I'm here, letting you know that you are not going to be removed. No one can remove you. I'm here to let you know that you need to know -- what I'm trying to say is, you will not be removed. I'm here as a form of encouragement, as a form of support, to let you know that you can handle this the way you have handled everything else, and 1 just want to thank you for what you have done for my community, the Haitian community of District 5. If it wasn't for this gentleman right here, my natural father, 61 youth in Little Haiti would not have been supervised this past summer in the summer camp. People here at the City of Miami told me that I can send them home. Commissioner Teele made sure that they had a place to go over the summer. I'm not going to tell you who, but last week -- it's amazing. When I placed a call here -- because 1 work -- I have an agency that work with the City of Miami -- someone made a remark and said, "I see they've got your boy, " and the way he said it, it's like "they got your boy." They don't have you. They can't get you. You're not going anywhere. (APPLAUSE) Chairman Teele: Cynthia, I just want to say that Commissioner Winton was very helpful in the funding for your program. He took money from his discretionary when they ran out of funds, and I do want to acknowledge the support of Commissioner Winton for your program, as well. All right. You'll be the last speaker, ma'am? Lillian Slater.' Yes. Chairman Teele: OK. Ms. Slater: OK Chairman Teele: Thank you. Ms. Slater: Good morning. My name is Lillian Slater. I live at 1640 Northwest 4th Avenue, Apartment 10-C. About a couple -- about four months ago, I think it was, Mrs. Hubbard, she made a call to Commissioner Teele's office and at the time, we was in distress, and 1 am the vice president of Town Park Village, and we have 151 units, so she made the call and Commissioner Teele gave us a date to come down, so her and 1, we had the date and we got together with the Manager and different things. We had three months, 60 days to -- 30 days -- 60 days to find a place to stay. I think that's what it was, wasn't it, Commissioner Teele? Something I think it was. 1 just remember, and we have 151 units, so this time we had went everywhere trying to find someone to give us some money so we could stay in Town Park Village. I think, Commissioners, you all remember this. We came before you -- Commissioner Teele give us appointment to come before you all to help us stay in these 151 units in Overtown. This has a lot of older people. I'm old myself and we didn't have no place to go, and you all voted to help us, and he was so nice about helping us stay in these units, and we're under construction now with these units, and I'm just praying to God, Commissioner Teele and all of you, you know it's a God up above and he will answer prayer, if you just pray, and we pray together. God going to work this thing out. Chairman Teele: All right. Ms. Slater: Because you not going any place, because we got to stay in that 151 units. And 1 called the Mayor -- I told -- I called the -- up there in Tallahassee. I called him and I told him. I say, whatever going on, we a lot of black people's here. You know you need the votes and it's going to come off, and 1 said that you -- if you want a clean house, you start from your brother, the President, yourself and all -- come on down with everything, because all of you got skeletons in your closet, so Honey, you better pray and you better be careful -- City of Miami Page 262 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: All right. Ms. Slater: -- because I know it's a God up above. Thank you. Chairman Teele: Thank you, Ms. Slater. All right. (APPLAUSE) Chairman Teele: All right. Bishop Cohen: Brother Teele, teacher Caroline couldn't appear, but she -- Chairman Teele: All right. Teacher Caroline -- all right, and Ms. Tondreau will be the last speaker, and 1 want to also just say to Ms. Slater that it was the entire Commission that worked to save the Town Park. Town Park, just so that the public knows, is a unique situation that was created some 30 years ago, where people thought they bought homes, but they actually have a co-op, and it's one of the few co-ops and it's a very difficult problem and, again, I want to express my appreciation to each of the Commissioners for their support for Town Park Ms. Tondreau. Lucie Tondreau: Good morning, Commissioners. Good morning, Commissioner Teele. My name is Lucy Tondreau, representing (UNINTELLIGIBLE), a group -- grass root coalition in Little Haiti, meaning "Watch Them." Pm here on behalf of the -- a segment of the Haiti - American community. 1 was not going to speak. Since none of our leaders have showed up, I've decided to speak on behalf of the Haitian -American community. Everything happen for a purpose. There's a saying back home that goes, "When your (UNINTELLIGIBLE) is in fire, you sprinkle yours with water, " and 1 do believe today the incident -- this is what we call it -- of Commissioner Teele is only an interlude, maybe a calling, for the Haitian -American community and for the black community, Afro-American community to come together and do something constructive. Commissioner Teele and I have had our differences; sometimes we don't see eye -to -eye, certain positions that he had taken regarding his policies and his politics. Nevertheless, Commissioner Teele have created in Little Haiti, among the Haitian -American community, a very strong base. That is why today, on behalf of those who believe in you, on behalf of those that you have helped, I'm here to tell you, we are standing behind you 100 percent. Thank you. (APPLAUSE) Chairman Teele: All right. Commissioner Regalado, let me personally take this moment to express my appreciation to those persons who have spoken and to those persons who have called and sent letters, words of encouragement. I've heard from officials in Tallahassee that the response has been staggering and I'm grateful I will not comment, as I've said repeatedly. This will play out in the trial in a courtroom. It will not play out like some people would like to have it, it play out in the media and the press. I'm encouraged with two things, though, that were said today, not personally, but professionally. First and foremost, Dennis -- where did Dennis go? Did he leave? Dennis acknowledged that there was a shooting, which actually, I don't know if it's been -- received any press, at all, but there was a shooting that occurred, oh, about four days ago, three days ago, in which a City of Miami police discharged his weapon and fatally killed a person, a black person. I think the statements that were made today and the meetings that I have held with the black leaders on the -- within the last -- within the four or five hours of the shooting, the fact that the Chief of Police responded so promptly and intelligently by informing me and others of the shooting represents a tremendous maturity and growth, both in the Police Department and in our community. I think Brothers of the Same Mind dispatched a team of people to the scene within a matter of hours, and while I won't speak for them, 1 think the statements today that a person who is shot and killed in the perpetration -- what appears to be City of Miami Page 263 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 the perpetration of a crime, with a weapon, on a person living in the community has been received with the normal and the appropriate grief and condolences to the family, but yet and understanding that the police have a job to do in this City, and the commendations that were received this morning by the City of Miami Police Department make me feel so strong and so much better because I really do think that we've come a long way, between our community and the police in the line of communication, and 1 would hope, Major, that you would communicate to Chief Timoney -- or Madam Manager -- the statements of the public, particularly in this recent incident. I said, very recently, that while we have gone over a year without a shooting, that is no reason for anybody to put themselves in harm's way or in fear, and I'm very pleased that the community has invested -- has began an investigation of the shooting, is looking at it. Obviously, the Civilian Independent Panel will have an opportunity to review it, but at this point, the community is keeping their powder dry; is listening to both sides of this situation, and there are some good that is coming out of this, as we all struggle to understand each other's cultures and each other's strengths and weaknesses. Secondly, Leroy, I wish you hadn't said what you said because you basically will force certain editors, et cetera, to relook at how they recover things. From the moment the media said that I hired an ex -offender, my credibility, in some circles, my -- the openness of a lot of people toward me has opened up tremendously. It's not publicly known. I've hired at least three felons, including a young man, a handsome young man, who did over three years in prison, who worked here on my staff until I could help him; a graduate of Morehouse College, and a man who just made a bad turn in life, and I am totally committed, totally committed, as I have been -- I didn't just get committed. 1 don't talk about it -- but I'm totally committed to helping those people who've made a bad turn or a wrong turn in life and, to me, once you've done your time for the crime, you should be given a fresh start. I said this about the guy that everybody tried to put bad words in my mouth, about the guy from Palm Beach that bought the arena; that he had done this, he had done that. My position is, everybody's entitled to a fresh start, and so I want to say it again, Leroy, you pretty much have exposed it, but I have always believed in giving people a fair chance because God doesn't make mistakes when they creates people. We've just got to find the good in people. (APPLAUSE) Chairman Teele: And finally, 1 continue, as I have said before, to support law enforcement. I had on the agenda -- and 1 will bring it up today -- the fact that 1 do think that we need to provide incentives for our City of Miami Police to be retained for an additional year in this city. I have always supported, as the Chairman of the Public Safety Committee in the County, good order in law enforcement as a person who has wore a uniform for over nine years, who was trained in combat as a Special Forces Airborne Ranger, et cetera. I've always maintained support for our men and women in uniform, whether they be Fire or Police, but people who are on the line protecting us and, Cynthia, I did not know, until today, that you actually apologized. I didn't ask you one time. 1 remember asking you 20 times to apologize to the police officer that had that incident, and I'm just encouraged to know that we are making progress. 1 want to thank all of you for coming out and to tell you that 1 will continue to uphold the law and 1 will continue to ask others to uphold the law, but 1 also will continue to be a man and a fighter. Thank you very much. (APPLAUSE) Chairman Teele: Commissioner Regalado, 1 want to thank you for allowing the people to speak. I hope that we can regain the time. NA.3 04-01058 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL MEETING, INCLUDING TIME CERTAIN ITEMS, ON MONDAY, SEPTEMBER 27, 2004, COMMENCING AT 9:00 A.M. FOR THE PURPOSE City of Miami Page 264 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 OF HEARING PLANNING AND ZONING ISSUES. Motion by Vice Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0593 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and passed unanimously, to reschedule the September 7, 2004 Special Commission meeting to take place on Monday September 27, 2004 at 9:00 a.m. A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Regalado and Vice Chairman Sanchez absent, directing the City Manager to come back at 5 p.m. this afternoon with a proposed schedule for the September 27th Special Commission meeting, scheduling noncontroversial items beginning at 9 a.m., controversial items beginning at 2:30 p. m., PZ 36 and 37 at 6:30 p.m. and PZ-46 at 5:00 p. m. Direction to the City Manager by Commissioner Winton to limit the September 27th agenda only to planning and zoning items. Chairman Teele: The moment -- the issue for this precise moment, before Commissioner Regalado leaves, I'm asking everybody, respectfully, to look at your calendars. We've got about 25, 30 PZ (Planning & Zoning) items, which we deferred on Tuesday, at the request of the Mayor. Did we ever -- did I ever get that in writing? 1 asked -- Commissioner Regalado: We didn't defer. Chairman Teele: Mr. Manager, I asked -- your Chief of Staff called me with the deferral or with the cancellation of the -- Commissioner Winton: Tuesday meeting. Chairman Teele: -- meeting on Tuesday, and I asked that he please make sure that he gets that in writing, and 1-- Joe Arriola (City Manager): You don't have it? Chairman Teele: Say again. Mr. Arriola: You don't have it yet? Chairman Teele: I don't have it, sir. To my knowledge, I don't, and I didn't get into the legal whereases with him on it, but 1 think that's another issue that, somewhere down the line, we need to look at. We've got to accommodate these people for PZ. We keep saying we're pro - development, we're pro -- but the worst thing you can do is, is let the Commission be on vacation for 30 days and come back and then defer the PZ items. Vice Chairman Sanchez: Yeah, but -- Chairman Teele: Huh? Vice Chairman Sanchez: With cause, I think I mean, it's an emergency. Commissioner Winton: Yeah. City of Miami Page 265 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Vice Chairman Sanchez: A hurricane. It's not like we -- Chairman Teele: I understand it was an emergency. Vice Chairman Sanchez: -- just wanted to cancel the meeting because we wanted to cancel the meeting. Chairman Teele: 1 understand that, but -- Commissioner Winton: And another one coming. Chairman Teele: -- I'm simply stating that now that that emergency has passed and maybe the next emergency is coming, we simply need to look at our calendars and agree as to when we can have a special meeting to deal with those items when we're not under the pressure of a budget hearing, so -- Commissioner Gonzalez: Why don't we have it next week to get it over? Vice Chairman Sanchez: Well, how about if we -- you know, this hurricane is projected to hit us Monday or -- Sunday or Monday. Commissioner Regalado: Next Thursday. Next Thursday. Commissioner Gonzalez. If we get hit by that hurricane, we won't be able to have a meeting in about a month. Vice Chairman Sanchez: Yeah, we won't be having a Commission meeting. Commissioner Regalado: No, they don't have time. They have to readvertise. They have to readvertise. Chairman Teele: They need sufficient time to readvertise. Vice Chairman Sanchez: Yeah. Chairman Teele: So 1 would recommend next Thursday. Commissioner Gonzalez: Next Thursday. Chairman Teele: Certainly, not next Tuesday. Unidentified Speaker: No, not next Tuesday. Vice Chairman Sanchez: I don't think there's enough time next Thursday. Jorge Fernandez (City Attorney): You need 15 days to readvertise. Joel Maxwell (Deputy City Attorney): 15. Mr. Fernandez: 15. Mr. Maxwell: Lead time. Commissioner Gonzalez: 15 days? City of Miami Page 266 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Fernandez: Yes. Mr. Maxwell: Ten days, plus five days lead time. Commissioner Gonzalez: Wow. Chairman Teele: All right. Well, give us some dates that are -- Commissioner Gonzalez: That put us at the -- Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Yes, sir. Commissioner Winton: Thursday, the 30th. Ms. Thompson: Today is Tues -- I'm sorry, Thursday, the 9th. If you're saying 15 calendar days -- Vice Chairman Sanchez: Welcome to City Hall. Ms. Thompson: -- for noticing, if it's from today -- Vice Chairman Sanchez: Great God almighty. Commissioner Gonzalez: It will be the 25th. Ms. Thompson: The 24th. That's a Friday. Commissioner Gonzalez: It's a Friday. Ms. Thompson: Friday, September 24th, would be 15 calendar days from today. Commissioner Gonzalez: And we have a Commission meeting on the 22nd, don't we? Ms. Thompson: On the 23rd. Commissioner Gonzalez: On the 23rd. Ms. Thompson: That's Thursday, the 23rd. We have our second budget meeting on that Commission meeting, as well. Chairman Teele: Well, it legally can't be on that date, is what you're saying. Ms. Thompson: No, sir, I don't know about the legalities of the budget meeting and P&Z (Planning & Zoning) being together. That I can't answer. Chairman Teele: No, no, no, no, no. Commissioner Winton: That's not the question. The notice -- Chairman Teele: The attorney has opined -- Commissioner Winton: The notice provisions. City of Miami Page 267 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: -- that it must be 15 days. Commissioner Winton: And the 15 days is -- Ms. Thompson: Yes, 15 days. I'm sorry, I misunderstood. Chairman Teele: So -- Ms. Thompson: Fifteen days would be the 24th of September. Commissioner Winton: So we couldn't do it on that date. Chairman Teele: And when is the budget hearing? Commissioner Regalado: The 23rd. Ms. Thompson: The 23rd. Chairman Teele: OK, so it legally can't be on that date? Ms. Thompson: You're correct. Commissioner Regalado: Let's do it on next Monday. Oh, we have CRA (Community Redevelopment Agency) on next Monday. Mr. Maxwell: Mr. Chairman. Chairman Teele: You need 15 days. Commissioner Regalado: Yeah, next Monday. Mr. Maxwell: Just for clarification purposes -- Commissioner Regalado: I mean, after -- Mr. Maxwell: You need -- Commissioner Regalado: -- the hearings, after the second hearings. Mr. Maxwell: You need ten days to notice. However, because of the lead time for getting it into the newspapers and so forth, that's where the five days comes from. Legally, it's ten days, and five days is administrative time you need minimum, according to Hearing Boards Division, to actually get it in the newspapers and so forth. That's why we say 15 days. Commissioner Winton: Well, I'm looking at my schedule and it's difficult for me to get another day carved in until the week of the 27th, so -- Chairman Teele: Commissioner Winton -- Commissioner Regalado: How about Thursday? Chairman Teele: -- you want to give us the date that's convenient for you? Commissioner Winton: 1 could do it Monday, the 27th; Wednesday, the 29th; Thursday or Friday -- City of Miami Page 268 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: But I think that the -- Commissioner Winton: -- 30th, 31st. Commissioner Regalado: -- 27th is CRA. Ms. Thompson: No, sir. That's -- no, sir. I'm sorry. CRA is changed for the month of September. Their meeting is scheduled for Monday, the 20th, so according to our calendar, the 27th is open. Commissioner Regalado: Let's do it Monday, the 27th. Commissioner Winton: I could do it Monday, the 27th. In fact, I wouldn't mind doing it Monday, and getting it out of the way at the beginning of the week. Commissioner Regalado: All right. Commissioner Gonzalez: Is Monday the 27th? Commissioner Winton: Yeah. Chairman Teele: Is Monday the 27th agreeable? Commissioner Regalado: Yeah. Chairman Teele: Is there a motion to move the -- Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: The motion is to move all of the items from the special meeting previously scheduled to Monday, the 20 -- Commissioner Gonzalez: 27th. Ms. Thompson: September 27th. Chairman Teele: -- and to commence at what time? Mr. Maxwell: That's not enough time. Commissioner Winton: Is this all P&Z? Mr. Maxwell: How many days is that? Chairman Teele: This is all PZ. Commissioner Regalado: 3 p.m. Mr. Maxwell: How many is that, Madam Clerk? Ms. Thompson: The 15th calendar day would have been September 24th, 15 days from today. City of Miami Page 269 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Maxwell: 24th. Ms. Thompson: Yes. Mr. Maxwell: I -- did I just here 22nd? Did I hear 20 -- Ms. Thompson: No. Commissioner Winton: 27. Ms. Thompson: 27th. Mr. Maxwell: 27th. Commissioner Regalado: 27th, Monday. Chairman Teele: I said Monday, the 27th. Mr. Maxwell: I stand corrected. Commissioner Winton: How many items are there? Commissioner Regalado: 32. Mr. Arriola: No. forty -something. Commissioner Regalado: Oh, it keeps growing. It's like rabbits. Teresita Fernandez (Executive Secretary, Hearing Boards): Teresita Fernandez. We had 46 items. That's what we had. Vice Chairman Sanchez: Wow. Commissioner Gonzalez: Might as well -- Ms. Fernandez: And we were going to start at 10 in the morning. Commissioner Gonzalez: Might as well start at 9 o'clock in the morning. Chairman Teele: 9 o'clock. Ms. Fernandez: Nine? OK. Commissioner Regalado: OK. One thing. I have received -- I'm sure that Commissioner Winton has also received -- many, many letters, which 1 have forward to the City Attorney about the Golden Pines Association, because it falls one block in your district, one block in my district. They have figured out that and they --1 guess they send to you and to me. Commissioner Winton: Right. Commissioner Regalado: They all are requesting that these two items -- Commissioner Winton: Be heard in the evening. Commissioner Regalado: -- are heard after 5 p.m. because these people work. City of Miami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: So move that. Commissioner Regalado: So if -- Unidentified Speaker: PZ.36 and 37. Commissioner Winton: It's PZ.36 and 37. Commissioner Regalado: PZ.36 and 37 must be heard -- Commissioner Winton: 5:30? Commissioner Regalado: -- after -- yeah, 5:30. Chairman Teele: OK. Commissioner Regalado: And I think that you can include that in the advertisement. Chairman Teele: OK. Now, hold on -- and that's a very good point. We already have scheduled the Villa Magna at 5 p.m. Commissioner Regalado: OK 6 p.m. Chairman Teele: That will take a couple of hours. Commissioner Winton: That'll take at least two hours. Chairman Teele: So let's schedule the other two for 6:30 p.m. Commissioner Regalado: Yeah. Commissioner Winton: Yeah. Commissioner Regalado: OK Chairman Teele: Or 6 p.m. Commissioner Regalado: OK. Commissioner Winton: Yeah. Chairman Teele: 6 p.m. Commissioner Regalado: The later, the better. The later, the better, because these people work and they keep -- Chairman Teele: Now, realistically -- Ms. Thompson: I'm sorry, Chair. I'm sorry. So 30 -- PZ 36 and 37 will be 6 p.m. or 6:30 p.m.? Commissioner Regalado: 6:30. Ms. Thompson: Thank you. City of Miami Page 271 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Chairman Teele: But suppose you get a cancellation or a compromise on Villa Magna? Commissioner Winton: Well, there's plenty items we can fill in. With 42 items, we won't have a shortage of things to fill in. Chairman Teele: Well, what I'm asking, the P -- those will be the only ones noticed in the advertising. Now, what I'm asking the City Attorney and the Planning Director to do is to come back this afternoon and give us, realistically, what can be accomplished in the morning and what we can pick up with not before, let's say, 2:30 p.m. Commissioner Winton: Yes. Chairman Teele: But -- so we don't have everybody here for the whole day. In other words, what I'm asking you all to do is to recommend a morning group and let's advertise these items will be heard at 9 a.m., and then the next advertisement, these items will not be heard before 2: 30. Commissioner Winton: Could -- and could I help with that comment? What staff has to do is use some judgment here and the judgment is relative to what's going to be of great interest to the public, and those that are likely to be controversial, they need to be at the end -- push them as far back in the day as possible so the public can come. Those that you think aren't going to be controversial, put them all up front so that we can get through all of those, and you hold the really controversial ones until the last possible moment you can put them in, whether -- you know, some of them might have to be at 3 in the afternoon, but you have to use judgment on this, don't just plurrrr, right; isn't that what you're saying, Commissioner Teele? Chairman Teele: Yes, sir. Commissioner Winton: OK. Chairman Teele: So what we will do is, we will take this resolution up again this afternoon, before S p.m., with the Attorney writing it out so that we can all agree on it, the Clerk is straight on it, the one we're passing right now. We'll do it again, but -- that will have some times in it. That will be heard from 9 a.m. and don't say "until"; just say 9 a.m., and then the others will be heard after 2 p.m., OK? Or 2 -- Mr. Maxwell: 2. Chairman Teele: 2:30 p.m. Mr. Maxwell: 2:30. Chairman Teele: And then we have one for 5 o'clock, and two for 6:30. Mr. Maxwell: OK Chairman Teele: So that just helps you manage that day. On the motion, all those in favor, say "aye. ft The Commission (Collectively): Aye. Chairman Teele: All opposed? We've lost two Commissioners for the time being, so Commissioner Gonzalez, you have some items. Would you like to go to your blue pages and -- Commissioner Winton: And could 1 make one more comment on the 20 -- what is that, 27th City of Miami Page 272 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 agenda? Mr. Manager. Mr. Manager, hello. Joe Arriola. Chairman Teele: Mr. Manager. Commissioner Winton: This is only P&Z items, right, for the 27th? Chairman Teele: Yes. Commissioner Winton: We're not going to load up a bunch of other stuff. P&Z, P&Z, P&Z. Unidentified Speaker: A special meeting. Commissioner Winton: Thank you. Yeah, but we've had special meetings before and before you know it, they're loaded up with, you know, 80 other things. OK. I'm sorry, Commissioner Teele or Mr. Chairman. Chairman Teele: By the way, Commissioners, we have from the Manager and the Clerk a resolution, and this is -- just codifies what we did earlier this morning. This is a -- the schedule for the advertising of the September 27th Special Meeting for Planning and Zoning. It's been you, and it lists the PZ (Planning & Zoning) items. Seems like a lot's at 2:30. Commissioner Gonzalez: That's what 1 think. That's exactly what I think. Commissioner Winton: What did you say, seems a what? Chairman Teele: Seems like a lot of items are here at 2:30. Commissioner Regalado: You ain't going to do it in -- before 5 o'clock. All this between 2:30 and 5 o'clock, we are not going to do it, that's for sure. Commissioner Winton: Yeah. Where's the Planning Director? Larry Spring (Chief of Strategic Planning, Budgeting & Performance): No P&Z items today. Commissioner Winton: Huh? Well, she was here earlier. I mean, it's about this item. Is the Planning Director here? Mr. Manager -- Chairman Teele: Are you all -- there's a question being asked by a Commissioner. Is the Planning Director available? And is this item -- are these -- is this how the items are going to appear on the agenda now? Commissioner Winton: No. This is just the order, right? Commissioner Gonzalez: Twenty-six items. Commissioner Winton: This is just a recommended order, and so if we're going to have any input into it, we need to do it now. In my view -- and I'm with you guys -- I think they need to go back and revisit this a bit, lest we be here until 3 a.m. Mr. Fernandez: You're making reference to the resolution continuing or rescheduling the P&Z items, correct? Commissioner Winton: That is correct. And it looks like the 2:30 time slot has 4,000 items in it. City of Miami Page 273 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Fernandez: Well, the -- it's understood that it's a 2:30 or soon thereafter, and then it's -- the 5 o'clock, we took directives from this Commission, where you instructed us, that you specifically wanted PZ. 46 at S p.m. Commissioner Winton: Yeah, I can read this. I can read what's in front of me. Mr. Fernandez: Right. Commissioner Regalado: Yeah. Well, he's saying -- Mr. Fernandez: Well, the fact that 2:30 may not be sufficient time, merely means that they get rolled over and dealt with at a time after you deal with PZ46, 36 and 37. Commissioner Regalado: That's what we always do. Commissioner Gonzalez: We won't be able to handle that. Commissioner Winton: OK. Vice Chairman Sanchez: We can't start at 9 o'clock in the morning? Commissioner Gonzalez: That's exactly -- Commissioner Regalado: The only problem with this is that we just passed an ordinance about 9 o'clock. Commissioner Gonzalez: 10 o'clock. Commissioner Winton: No, 10. Commissioner Regalado: Oh, 10 o'clock? OK. Commissioner Winton: And we can void that, the unanimous vote of the Commission on that night -- day. Commissioner Regalado: Oh, OK. Mr. Fernandez: Yeah. You always kept that scape mechanism available to you. Commissioner Winton:: Well, I'm just wondering if there's not room to move more of them into the 9 o'clock to -- Commissioner Regalado: But it's the same. We're not going to start at 9 a.m. Commissioner Winton: Well, that's -- Mr. Fernandez: Again, the City Manager has indicated that according to staffs best estimate, they have been grouped in this fashion according to degree of difficulty or anticipated time, given the fact that they understand the application and the issues that are involved, so this is -- besides your directives to us, this is the best guesstimate that staff has been able to put together with regard to what's anticipated Commissioner Winton: Where is the Planning Director? Mr. Fernandez: The likelihood of getting through all of the items in the 9 o'clock PZ is possible, City of Miami Page 274 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 so you can always then eliminate the 2:30 and literally schedule them all at 9 o'clock, and that way, you may be able to take care of some of the 2:30 items in the morning if, in fact, you get through with all the morning. Commissioner Winton: Then that's -- Mr. Fernandez: The only concern with that is that then the applicant and their experts do not have a real sense of timing, when to time it, and you -- they will then, of necessity, have to be here in the morning, and so that is the only reason why we looked at doing both 9 and 2:30, and try to fit into those two time frames those items according to their degree of difficulties or estimated times. Commissioner Winton: 1 give up. I think you're right. Mr. Fernandez.: And also the 5 and the 6:30 is because of public interest and directives of this Commission. Commissioner Winton: OK. Are you talking to us? Mr. Arriola: If you want, you could do the 9 o'clock and the 2:30 as one -- Commissioner Winton: Yeah, but that --1 like the City Attorney's observation there. We could -- Mr. Arriola: But you did ask us to put the noncontroversial stuff in the morning. Commissioner Winton: Yeah, yeah. Commissioner Regalado: It's going to be packed with people here since 9 o'clock. Commissioner Winton: So I'm OK with this. Mr. Arriola: OK. Vice Chairman Sanchez: All right. Chairman Teele: Is there a motion? Vice Chairman Sanchez: So move. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor? The Commission (Collectively): Aye. Chairman Teele: All opposed? NA.4 04-01052 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 275 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Manuel J. Prieguez City Commission At -Large Motion by Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0601 A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Manuel Priegues as a member of the Miami River Commission. Vice Chairman Sanchez: There's one more appointment to the Miami River Commission; that the Mayor's requesting the appointment of former House Representative Manuel Prieguez -- Chairman Teele: So move. Vice Chairman Sanchez: -- to be the City Commissioner at -large for the Miami River Commission. Chairman Teele: So move. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion by the Chair. Is there a second? Commissioner Winton: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second by Commissioner Gonzalez. Commissioner Winton: He'll liven it up. Vice Chairman Sanchez: Open for discussion. Commissioner Winton: He'll liven it up. Vice Chairman Sanchez: Open for discussion, sir? Commissioner Winton: No. Vice Chairman Sanchez: None. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion passes unanimously. NA.5 04-00935 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 276 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Eileen Marcial Chairman Arthur E. Teele, Jr. 04-00935-memo-1.doc 04-00935-MEMBERS-2.doc Motion by Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0603 A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Eileen Marcia! as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board Chairman Teele: Mr. Chairman, I'm advised by the Clerk that the Homeland Oversight Board program, my nominee has excessive absences. Vice Chairman Sanchez: Yes, sir. Chairman Teele: And I was told that they needed to act on that, by the Clerk. I would appoint Eileen Marcia [sic], M-A-R-C-I-A, who was one of the nominees for the Community Relations Board, who had previously applied. I would so move. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion on the floor. Second. Motion is made by Chairman Teele, second by Commissioner Gonzalez. It is open for discussion. Hearing none from the board, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. NA.6 04-01060 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 04-0286, ADOPTED APRIL 29, 2004, TO REFLECT THE CORRECT AMOUNT OF SUPPORT PROVIDED TO THE CELEBRATION AND DEDICATION OF THE 50TH ANNIVERSARY OF BROWN V. THE BOARD OF EDUCATION EVENT, HELD FRIDAY, MAY 7, 2004 THROUGH SUNDAY, MAY 9, 2004, AT THE COCONUT GROVE CONVENTION CENTER, LOCATED AT 2700 BAYSHORE DRIVE, MIAMI, FLORIDA, HOSTED BY THE MIAMI-DADE BRANCH OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE YOUTH SUMMIT," IN THE CORRECT AMOUNT OF $16,296; ALLOCATING FUNDS IN THE EXACT AMOUNT OF $4,074, FROM THE DISTRICT 5 SPECIAL EVENTS ACCOUNT NO. 001000.921054.6.289, AN EXACT AMOUNT OF $4,074, FROM THE DISTRICT 1 ROLLOVER ACCOUNT NO. 001000.920921.6.930, AN EXACT AMOUNT OF $4,074, FROM THE DISTRICT 2 ROLLOVER ACCOUNT NO. 001000.920920.6.930, AND AN EXACT AMOUNT OF $4,074, FROM THE DISTRICT 4 ROLLOVER ACCOUNT NO. 001000.920919.6.930; FURTHER ALLOCATING FUNDS FROM DISTRICT 5 ROLLOVER ACCOUNT NO. City of Miami Page 277 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 001000.920922.6.930, SHOULD THERE BE ANY ADDITIONAL CHARGES; AMENDING RESOLUTION NO. 04-0286, TO REFLECT SAID CHANGES. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0591 Vice Chairman Sanchez: Mr. Chair. Chairman Teele: Yes. I'd like to -- I've got to run. 1 want to be back here before 5 o'clock and before the item relating to the budget. Is the Budget Director available because I would like to clean up one budget item, and it's been passed out. There was a resolution done, Resolution 04-0286 that involve the NACP [sic], in which it said not to exceed $5, 000 from a number of accounts, and we've narrowed that number down exactly to $4, 074, and I'd like to ask Commissioner Regalado, if you would move that item? And, again, this is actually adding money back into the various Commissioners accounts that had offered that money, approximately $930, so -- Commissioner Regalado: I'll so move. Commissioner Gonzalez: Second. Commissioner Regalado: It's a clean house. Chairman Teele: It's a clean-up. The documentation is there, Commissioners. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? NA.7 04-01061 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, DIRECTING THE CITY MANAGER TO PRESENT A RECOMMENDATION WITHIN THIRTY (30) DAYS, ON WHETHER TO DECLARE THE CITY -OWNED PROPERTY LOCATED AT 5515 NORTHWEST 1ST COURT, MIAMI, FLORIDA (" PROPERTY"), SURPLUS; DESIGNATING COMMUNITIES UNITED, A NOT - FOR -PROFIT ORGANIZATION, TO UNDERTAKE A BEAUTIFICATION PROJECT FOR SAID PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER, IF DEEMED APPROPRIATE, TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SHOULD SAID PROPERTY BE DECLARED SURPLUS. Motion by Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0592 Chairman Teele: And then I have an item asking that the Manager would report back in 30 days on a recommendation as to whether to declare certain properties, located at 5515 Northwest 1st Court as surplus; and further designating Community United, a not -for -profit to undertake the City of Miami Page 278 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 beautification project and authorizing the City Manager to execute the purchase and sale agreement, if you're so inclined. I would so move. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Teele: Mr. Vice Chair. Vice Chairman Sanchez: Yes, sir. Chairman Teele: I would so move. Vice Chairman Sanchez: Oh. There's a motion. Is there a second? Commissioner Gonzalez: Second. Vice Chairman Sanchez: OK. There's a motion and a second. Discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion passes unanimously. NA.8 04-01066 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CO -SPONSORING THE ANNUAL SOURCE AWARDS 3-DAY EVENT, SCHEDULED FOR OCTOBER 2004; AUTHORIZING THE PROVISION OF IN -KIND SERVICES, IN AN AMOUNT NOT TO EXCEED $150,000; CONTINGENT UPON ALL EVENTS BEING HELD AT VENUES LOCATED WITHIN THE MUNICIPALITY OF THE CITY OF MIAMI, INCLUDING NETWORK TRANSMISSION; PROVIDING THAT THE CITY SHALL BE ALLOWED ONE 30-SECOND SPOT EACH DAY OF THE 3-DAY EVENT, LIVE ON TAPE SHOWCASING ONLY THE CITY OF MIAMI, PRODUCED BY THE GREATER MIAMI CONVENTIONS AND VISITORS BUREAU; ALLOCATING FUNDS, IN A TOTAL AMOUNT NOT TO EXCEED $150,000, FOR SAID EVENT, FROM ACCOUNT NOS. 001000.921002.6.289 AND 001000.921002.6. 340. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0610 Commissioner Regalado: If you allow me, Mr. Chairman, I'm -- there is an item that the Budget Director is very familiar with. Recently, the City supported, with the County, the MTV (Music Television) Awards, and it was an extraordinary event at the American Airlines Arena, and it was televised to the country. One of the networks -- the City also, last year, helped, and what I'm proposing in the motion is to cosponsor the Source Awards. This is a 3-day event, provided -- and I've talked to one of the promoters -- provided that all the events are held within City venues during these three days, including the network transmission of the Source Award. Also, with the City of Miami Page 279 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 caveat that the City will get one 30-second spot in every of the three runnings, the live and the live on tape running. They're selling the spots 30 seconds on the network for the Source Awards at $160, 000, so since MTV got from the City and the County $700, 000, my motion is to support, with in -kind services and -- support the Source Awards, provided that all the three days event are held within the municipality of the City of Miami, with a motion for a $150, 000. So move. Vice Chairman Sanchez: There is a motion to support the Source Award for $150,000 in in - kind services. This is -- is this a pocket item or -- Commissioner Regalado: Huh? Vice Chairman Sanchez: Is this -- this is not on the agenda, is it? Commissioner Regalado: No. It was on the agenda. It was our mistake because of the hurricane, but we've been talking to the Budget Director. We couldn't get it on the agenda because the City was closed. Vice Chairman Sanchez: All right. Commissioner Regalado: But basically, what this is, is the same scenario of the MTV with the difference that we're getting one 30-second spot in every running of the Source Award, which, by the way, the spot should be produced by the Greater Miami Convention and Visitor's Bureau to showcase the City of Miami; no government official, no -- you know, no goodwill of other city, but a professional spot that I'm sure that the Greater Miami Convention and Visitor's Bureau -- only on Miami, not the Beaches, not Greater Miami and the Beaches, only on Miami, and the Greater Miami Convention and Visitor's Bureau is willing to help us produce that 30-second spot. Commissioner Winton: Are the Source Awards actually -- they're -- oh, they're already committed to coming here? I mean -- Commissioner Regalado: Yeah, yeah, absolutely. Commissioner Winton: -- this is -- is this a deal that you've negotiated with somebody, all this -- these details? Commissioner Regalado: Right. Remember back in July, that we -- we had a motion here -- that we -- if we supported, the County will match any number. Commissioner Winton: Oh. Commissioner Regalado: And that -- the County already approved, but he needs to match it. Commissioner Winton: So these are all negotiations that have taken place; that you've got these details worked out, and they've -- Commissioner Regalado: Yeah. Commissioner Winton: -- agreed to do these things, and so this is kind of the formal presentation? Commissioner Regalado: The arena, the award, plus the two days pre -event parties within the -- you know, the City of Miami. Commissioner Winton: I'm going to second the motion and -- the only thing that makes me City of Miami Page 280 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 nervous about this is that it hasn't been properly noticed, so -- and I'm not -- what's the timeline on this, Commissioner Regalado? Commissioner Regalado: October. Commissioner Winton: October? Commissioner Regalado: But that is the problem. The problem -- Commissioner Winton: Oh, OK. Commissioner Regalado: I mean, we've been talking to Larry for, I guess, a month and a hail; and he did find the source of -- the money for the Source, but the problem is that we couldn't get it with the backup material, which we had on the agenda because of the closing and all that and five days and all that, so what I'm -- to wait until the second meeting in September, it will be very difficult because they need to have the commitment from the City to start renting the venues and producing the show and all that, so that will be my motion. Vice Chairman Sanchez: Where is -- OK. There's a motion and a second. OK. Where is -- is the -- where's the -- Commissioner Winton: And this is in -kind. Vice Chairman Sanchez: -- administration on this? Can we get -- we need to get a City Manager or an Assistant City Manager or somebody in that seat. Commissioner Winton: Oh, there he is right there. Larry Spring: At the last -- Larry Spring, Chief of Strategic Planning, Budgeting and Performance. Commissioners, at the last convened Commission meeting, we received a directive to go and identify the funding -- or identify some funding for the Source event. Over the last month, we went ahead and did that. We have identified a funding source that we could -- Vice Chairman Sanchez: So, you have identified the funding? Mr. Spring: -- that we could use, yes. Commissioner Regalado: It was at the first meeting in July. Mr. Spring: It was the -- yeah. The first meeting in July? Commissioner Regalado: Yeah, it was the first meeting in July. Mr. Spring: OK. Commissioner Regalado: But we were out in August and then this thing of the hurricane. That's why. Vice Chairman Sanchez: Well, 1 understand the emergency, you know, with the hurricane, and I've had an opportunity, but just the practice of good government. I mean, this is an item that needs to be on the agenda, and we need to have all the Commissioners here. 1 mean, I'm in support of it, but I think that it -- it needs to be on the agenda. You can't -- I don't feel comfortable voting for $150, 000, which is not even on the agenda. (UNINTELLIGIBLE) may proceed as a pocket item. City of Miami Page 281 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Regalado: Joe, no problem. I mean, you know, if the will of the majority here is not doing it, it's fine by me. Vice Chairman Sanchez: No, no, no. No, 1 didn't say that. Commissioner Regalado: I don't have any problem with that. Vice Chairman Sanchez: I'm prepared to do it, but --1 mean -- Commissioner Regalado: The thing is that if we don't do it now, might as well don't do it. That's -- and it's not being pushed. It's just that they need to have the commitment. Vice Chairman Sanchez: Commissioner Regalado, could we commit ourselves and vote on it in September? Commissioner Regalado: Huh? Could we what? Commissioner Winton: It is September. Vice Chairman Sanchez: I mean, the next -- do we have the next meeting that we could vote on this issue? Commissioner Regalado: I don't think that the timing is right, if we don't -- the problem is that we did approve in July a resolution to direct the administration to look for the funding, and that was sort of a Letter of Intent and now that Larry found the funding, here we're stuck because of the hurricane and the -- actually, this was supposed to be done on Tuesday, not today, but -- Chairman Teele: The instructions were for the management to return this item to the agenda, so the fact that management didn't put it on the agenda is -- I think, if you go back and get the resolution, it instructed the management to do it. Vice Chairman Sanchez: Management. Linda Haskins (Deputy Chief Manager/Chief Financial Officer): I'm not sure what happened. It -- If it was -- the instruction was to return it on the agenda, it's not returned on the agenda and it was an error. Commissioner Regalado: No, but it needs to be there. Chairman Teele: Yeah. Vice Chairman Sanchez.' Well, listen, you know, there -- Mr. Spring: 1 can -- Commissioner, I can take -- I'm the one who worked on this item. It was my understanding, 1 was -- we were directed, myself and the City Manager, to go and identify the funding for this event. I've done that. Vice Chairman Sanchez: Listen -- Mr. Spring: So the item is here. Commissioner Winton: Did you say -- Chairman Teele: What's the unreadiness? City of Miami Page 282 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Winton: -- this was cash or in -kind? Mr. Spring:: Huh? Commissioner Winton: Was this cash or in- kind? Mr. Spring: It's in -kind service. For in -kind service. It was my understanding -- Commissioner Winton: That's what I -- Chairman Teele: But it's cash to us, though, Johnny. Mr. Spring: Yeah. Commissioner Winton: Yeah, right, 1 understand. Chairman Teele: You know, this -- Mr. Spring: Right. It's -- Chairman Teele: -- is not a cash grant to anybody, is my understanding, because I'm coming behind you -- Commissioner Regalado: This -- Commissioner Winton: Yeah, 1 understand. Chairman Teele: -- with a carnival thing, as well. Commissioner Winton: Yeah. It's circular, so -- and I'm not -- frankly, I'm not -- I'm not as nervous about this -- I just didn't understand right away, and I had forgotten that we had taken this up in July. I'm not so nervous about this. Commissioner Regalado: We did took that -- Commissioner Winton: Yeah. Commissioner Regalado: -- this in July, and -- Vice Chairman Sanchez: He got me off guard. Commissioner Winton: And I'd forgotten about that, so I'm not so nervous about voting on it now and -- Vice Chairman Sanchez: Well, listen, there's a motion and a second. Let's vote on it. Commissioner Winton: Yeah. Vice Chairman Sanchez: All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Moving on to the next item. Commissioner Regalado: Thank you. City of Miami Page 283 Printed on 12/16/2009 City Commission Verbatim Minutes September 9, 2004 NA.9 04-01059 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT THE OFF-STREET PARKING AUTHORITY, IN CONJUNCTION WITH THE ADMINISTRATION OF THE CITY OF MIAMI ("CITY"), DEVELOP A VEHICLE PROTECTION PROGRAM WHEREBY PARKING FACILITIES IN DOWNTOWN MIAMI CAN BE USED BY CITY RESIDENTS ("RESIDENTS") DURING STORM RELATED EVENTS (HURRICANES, TROPICAL STORMS); REQUIRING RESIDENTS TO REGISTER WITH NEIGHBORHOOD ENHANCEMENT TEAM OFFICES; REQUIRING RESIDENTS TO FULLY INDEMNIFY AND HOLD HARMLESS THE CITY FOR SAID USE; DIRECTING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID PROGRAM. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0605 Commissioner Regalado: Before Art leaves, I have been talking to colleagues in the media and we have been going back and forth with some ideas about how to protect the people during this hurricane and mandatory evacuations and all that. I have communicated in the last four or five days with Art Noriega and I think that the City can come up with an organized plan to help the residents, which, by the way, is the main job that we all have, being the administration or the elected officials. This is a plan to have residents of the City of Miami register their second car at the NET (Neighborhood Enhancement Team) offices throughout the City of Miami in case that there is an emergency, and by the way, 58,000 claims have been filed after Frances in the first 72 hours, and of those 58,000 claims, more than 30,000 are cars that had been damaged by trees and debris and all that, so 1 have a motion -- a resolution requesting that the Off -Street Parking Authority, in conjunction with the administration of the City of Miami, develop a vehicle protection program whereby parking facilities in downtown Miami can be used by City residents, residents only, during storm -related events, hurricanes, tropical storms; requiring residents to register with the NET Office and requiring residents to fully indemnify and hold harmless the City for said use; directing the City Manager to execute the necessary documents in a form acceptable to the City Attorney to implement said programs. Four thousand spaces in the municipal garage in downtown, plus 500 in Coconut Grove -- and this is only off-street parking. Maybe private, covered garage could participate -- will give the residents of Miami the possibility of minimize their damages, so if we can accommodate 2,000 cars, second cars, people would know that they're going to have to go and leave the car and don't come back until emergency is way over, and this is why it's the second car thing, so I think this will help a lot of people in the City. A lot of people will feel confident because -- at least in my area, there are not covered garage and people have to park in front of their homes, in the driveways, the second car, the first car. Actually, I thought about this when a neighbor of mine, his car -- his second car was heavily damaged on Sunday, when a tree branch fell over from a ficus tree, and it was really, really damaged. Had that car been somewhere, it would not had been damaged and the insurance costs and all that, and the time consuming (UNINTELLIGIBLE) these issues, so I think -- I'm offering this to my colleagues. I think that Art is OK with that, and I think that if we do it through the NET Offices -- not for this one, not for Ivan because it's impossible, but you know, the season is still young and we've been hit two times, so hopefully not -- so I'm moving this resolution in front of my colleagues. Chairman Teele: Is there a second? City of Miami Page 284 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: I second. Chairman Teele: Is there discussion? Art, you have no problems with this, right? Art Noriega: No, no. We made our facilities available during the last storm for anyone wanted to use them, free of charge, to store their vehicles. We had about just less -- probably than 50 percent of our facilities were full of vehicles, just storing them. Included in that is the Coconut Grove facility, so we'll make it available again for the next -- this next storm, should it need to be utilized, and then any formal program, as the Commissioner suggests, we'll work on immediately and hopefully have in place, you know, in case we have another event after Ivan, so we -- Chairman Teele: Your resolution -- Mr. Noriega: -- don't have any issue with that, at all. Chairman Teele: Your resolution -- Mr. Noriega: I mean, the only thing I would add to this resolution is -- and I noticed it in the language -- was it simply said downtown Miami, and we may want to include the Coconut Grove garage. Commissioner Winton: All City -- Mr. Noriega: All City garages. Commissioner Winton: -- City parking lots. Commissioner Regalado: No, no. It was a mistake. It was -- Mr. Noriega: Yeah. Commissioner Winton: Yeah. Commissioner Regalado: It was citywide. Mr. Noriega: No. I know. I just wanted -- for purposes of clarification. Commissioner Winton: And are you requiring an indemnification waiver -- Mr. Noriega: No. Commissioner Winton: -- be signed by -- Mr. Noriega: No, we're not now. I mean -- Commissioner Winton: But you will in the future? Otherwise, you're going to get -- Mr. Noriega: Well, yeah. We're -- Commissioner Winton: You know how people are. Mr. Noriega: In the future, for any formal registration, we will. I mean -- Commissioner Winton: Yeah. City of Miami Page 285 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Mr. Noriega: -- absolutely. Commissioner Regalado: That's why, because if you register -- Commissioner Winton: In the future, I would make them, as they pull in the deal, "Here, you sign this." Commissioner Regalado: Right. Commissioner Winton: And that indemnifies me -- Commissioner Regalado: And -- Commissioner Winton: -- if something happens to your vehicle, and then you're not going to get sued. Commissioner Regalado: And you get a card, so you know that you be assured a spot and not first come, first base, because you may -- maybe people from Miami Beach park in your garage. You don't know. Mr. Noriega: No, we don't. At this point, we're doing it -- it's sort of at random. It's first come, first served, so -- I mean, we don't have any formal programs. Commissioner Regalado: And you know, the City of Miami has so many trees that the law of probability says that cars are going to be damaged, and so -- so 1 guess that we can formalize that and -- I'm sure that a lot of people will take that opportunity. Chairman Teele: All right. We have a motion and a second. We have the support of Off -Street Parking. Is there any other discussion? If not, all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed? Let me say this, I -- Commissioner, I think that's a very helpful and -- Art, I know you all have been positive. We had a terrible tree damage of a vehicle there in Spring Garden just the other day and -- three cars, was it? -- and it was totally avoidable, if there had just been a place that the cars could be parked, and we commend the fact that you all have been working with the citizens of our community, so thank you. Art, did you have anything else? Mr. Noriega: No, sir. Chairman Teele: I know you've got a budget item here today. Mr. Noriega: No. NA.10 04-01069 DISCUSSION ITEM Commissioner Gonzalez recognized the Departments of Solid Waste, Public Works, Fire and Police, and all other City employees for their hard work during Hurricane Frances; Vice Chairman Sanchez further recognized the City employees who worked at the Emergency Operations Center (EOC) during the hurricane. DISCUSSED City of Miami Page 286 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 Commissioner Gonzalez: Mr. Chairman. Vice Chairman Sanchez: Yes, sir. You're recognized. Commissioner Gonzalez: Yes. I would like to take this opportunity to recognize the Department of Solid Waste and also Public Works for the tremendous work that they did during this storm. Vice Chairman Sanchez: Here, here. Commissioner Gonzalez: 1 was out there most of the time, and I know you also were -- you know, we're all there looking at the problems in the City, and from Allapattah to every single neighborhood, we saw these men working in the rain, heavy wind, and we really appreciate the work that they did for the City of Miami. Commissioner Winton: Who'd you -- Commissioner Gonzalez: Thank you. Commissioner Winton: -- who did you just compliment? Vice Chairman Sanchez: Solid Waste. Commissioner Winton: Oh, Solid Waste. OK, good. Vice Chairman Sanchez: And not only Solid Waste. Commissioner Winton: I thought you were complimenting him. Vice Chairman Sanchez: Everyone that was -- Commissioner Winton: Yes. They were fabulous. Vice Chairman Sanchez: -- out there at the EOC (Emergency Operations Center) and everyone that was out there. Commissioner Winton: Yeah. Vice Chairman Sanchez: Really, the greatest resource that we continue to have in this city -- Commissioner Gonzalez: Also Police, Fire, everybody. Commissioner Winton: Yeah. Vice Chairman Sanchez: -- is our employees. So any other item? Any pocket items? NA.11 04-00655 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jackie Bell Chairman Arthur Teele City of Miami Page 287 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 04-00655-memo-1.doc 04-00655-members-2.doc 04-00655 - back up - 3.pdf Motion by Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0604 Chairman Teele: Mr. Chairman. Vice Chairman Sanchez: Yes, Mr. Chairman. Chairman Teele: 1 would like permission to appoint Jackie Bell to the committee relating to the festivals and -- what is that committee, the arts -- Vice Chairman Sanchez: The Festival Committee? Chairman Teele: -- the Arts and Festival Committee. You've sent me the thing saying that Ms. Richardson -- Shirley Richardson was not a City employee. Priscilla A. Thompson (City Clerk): Oh, I'm -- that one -- we had pulled some of them because we had a long agenda, so we were going to put that on next time, so you want the arts -- Chairman Teele: Yeah. Ms. Thompson: OK. Chairman Teele: Jackie Bell and I would like to propose the pocket item as a resolution of the City Commission -- Vice Chairman Sanchez: Well, you need to appoint her. Did you make a motion to appoint her? Chairman Teele: I would so move. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion to appoint her. There's a second to appoint the young lady to that committee. Chairman Teele: Jackie Bell, replacing Shirley Richardson, who is not qualified. Vice Chairman Sanchez: All right. It's under discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion carries unanimously. Commissioner Winton: 1 don't have that pocket item here. NA.12 04-01070 RESOLUTION City of Miami Page 288 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 FIRE, PUBLIC WORKS, AND SOLID WASTE SUPPORT SERVICES TO THE ANNUAL CARIBBEAN PARADE SCHEDULED FOR SUNDAY, OCTOBER 10, 2004, PROVIDED THAT THE PARADE ROUTE INCLUDE DOWNTOWN, OVERTOWN AND/OR PARKWEST; DIRECTING THE CHIEF OF STRATEGIC PLANNING, BUDGETING AND PERFORMANCE TO IDENTIFY THE COSTS OF SAID SERVICES AND FUNDING SOURCE(S) FOR SUCH MUNICIPAL SERVICES AND FEES AND TO REPORT THE FINDINGS TO THE CITY COMMISSION AT ITS MEETING ON SEPTEMBER 23, 2004. Motion by Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0606 Chairman Teele: And a resolution of the City Commission to provide Police, Fire, Public Works and Solid Waste support for the annual Caribbean Parade on Sunday, October 10th, provided that the parade route includes downtown, Overtown and -- or Park West; and further, to ident5 funds from such -- for such municipal services, fees and costs. For example, from the Quality of Life outdoor advertising settlement, for the purpose of providing municipal service, fees and cost only. This is a request to the Director to identifi the funds at the next meeting. So move. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion by Chairman Teele. Commissioner Winton: What's the cost? Vice Chairman Sanchez: A second. He's going to ident?fr the cost and bring it back. Chairman Teele: He's going to identify the cost and the funds, but I will tell you this. The problem we're going to have is that parade is a long parade. It draws hundreds of thousands of people -- Commissioner Winton: It does? Chairman Teele: -- which is a good problem -- Larry Spring (Chief of Strategic Planning, Budgeting and Performance): Yeah. Chairman Teele: -- to have. It is the first time it's been back in the cCity in seven years, but October 10th is getting ready to be a very busy day with the national beat -up -on -the -president that's going to be going on at the American Airlines Arena, where you've got about 40 name artists that have agreed to come to town and -- Commissioner Winton: Oh, that thing, yeah. Chairman Teele: -- do a concert. You've got the Source -- Commissioner Winton: I might have to go to that. Chairman Teele: Huh? You've got Source and you've got this. It's a great problem to have, but again, I do think, again, on parades, it's the kind of thing that we really want to provide the services for, and I would be very mindful of the fact that the police need to be aware of all the conflicts that are going on, because they're probably going to have to request support from other City of Miami Page 289 Printed on 12/16/2004 City Commission Verbatim Minutes September 9, 2004 jurisdictions. I call the question. Vice Chairman Sanchez: All right. The question -- I'm sorry. The question has been called. All in favor -- Madam Clerk, you seem to be puzzled. Priscilla A. Thompson (City Clerk): I did not record a seconder, please. Commissioner Gonzalez: I second. Ms. Thompson: Thank you. Vice Chairman Sanchez: Commissioner -- Chairman Teele made the motion, Commissioner Gonzalez second it. Ms. Thompson: Thank you. Vice Chairman Sanchez: There was very few discussion, and Chairman Teele called the question. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, motion passes unanimously. Any other item to be brought before this legislative body? Hearing none, is there a motion to adjourn? Commissioner Gonzalez: Motion to adjourn. Vice Chairman Sanchez: All right. Motion to adjourn. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: And guess what? Ms. Thompson: It's 10 o'clock. Vice Chairman Sanchez: Four minutes before the deadline. Thank you for your cooperation. City of Miami Page 290 Printed on 12/16/2004