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HomeMy WebLinkAboutCC 2003-02-27 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 27th day of February, 2003, the City Commission of Miami, Florida, met at the Manuel Artime Center, 900 Southwest lst Street, Miami, Florida, in regular session. The meeting was called to order at 9:13 a.m. by Chairman Johnny L. Winton, with the following members of the Commission found to be present: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman Arthur E. Teele, Jr. (entered meeting at 9:21 a.m.) ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Maria Chiaro, Assistant City Attorney Joel Maxwell, Deputy City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk February 27, 2003 Chairman Winton: (INAUDIBLE) the Commission meeting of February 27, 2003. Commission Sanchez, would you mind doing the invocation, and Commission Gonzalez, would you lead us in the pledge, if you don't mind? An invocation was delivered by Commissioner Sanchez, followed by Commissioner Regalado leading those present in a pledge of allegiance to the flag. 1. PRESENTATIONS AND PROCLAMATIONS. Chairman Winton: Commissioner Gonzalez, you have a number of presentations, so I'm going to turn it over to you. Commissioner Gonzalez: Yes, Mr. Chairman. Good morning. Presentations made. 1. Proclamation to Peter Bernal, Hispanic journalist. 2. Certificates of Merit to the Pascual Pony Baseball League: Adolfo Gongora, coach, Jose de Goti, Jr., coach, Nick Alvarez, coach, Ray Rodriguez, Eddy Alvarez, Chris de Goti, Edward Villalta, Carlos Moreno, Mauricio Rodriguez, Joey Pagan, Adrian Puig, Alfredo Brito, Adrian, Gongora, Juaquin Escobar, Ernie Abreu. 3. Proclamations to Willy Bermello and Peter Yanowitch for promoting car races in downtown Miami. 4. Commendation to the Miami Benefit Club for their volunteer efforts to the City NET (Neighborhood Enhancement Team) offices, including neighborhood cleanups. 2. ORDER OF THE DAY Chairman Winton: I'd like the record to show that there are no mayoral vetoes and, Mr. Manager, I think you have a number of items that you want to pull, defer, or continue or something, so would you let us know? Joe Arriola (City Manager): Commissioner Winton, they have put a special microphone on me today. They were afraid of keeping an open mike when I'm around, so -- Chairman Winton: Well, I can understand that. Mr. Arriola: Thank you, sir. I want to -- I would like to defer Item 17, PZ -10, PZ -11 and PZ -12. Chairman Winton: Is Item 17 on the regular agenda? Is it a regular agenda, is that what you -- Alejandro Vilarello (City Attorney): Yes. 2 February 27, 2003 Mr. Arriola: Yes, regular agenda item. Chairman Winton: -- and then PZ (planning & zoning) -- give me the PZ's again. Mr. Arriola: 10, 11 and 12. Mr. Vilarello: Mr. Chairman? Chairman Winton: Yes, sir. Mr. Vilarello: On Consent Agenda 8, I'd like to pull that from the Consent Agenda and have it considered on its own. Chairman Winton: Do we need a motion or we-- we can just -- Mr. Vilarello: You can pull it. Chairman Winton: OK, so we're going to just pull CA -8, then consider it on its own. Mr. Vilarello: And CA -10, there's a supplemental item -- substitute item. Chairman Winton: Can it -- do we need to pull it also, and hear it on its own? Mr. Vilarello: No. Chairman Winton: We're just -- OK, fine. Do we need a motion on deferring these items? Mr. Vilarello : Yes, on the deferrals. Chairman Winton: OK. Commissioner Gonzalez: Move to defer -- Chairman Winton: We have a motion. Commissioner Gonzalez: -- Item 17 on the regular agenda, PZ -10, PZ -11, PZ -12, and CA -8 on its own. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. 3 February 27, 2003 Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION 03-179 A MOTION TO DEFER TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MARCH 27, 2003, CONSIDERATION OF THE FOLLOWING: • PRESENTATION BY THE CITY OF MIAMI ARTS & ENTERTAINMENT COUNCIL REGARDING: (1) ACTIVITIES AND PROGRESS SINCE ITS CREATION IN JULY 2002; (2) FUTURE WORK PLAN OF THE COUNCIL; (3) RECOMMENDATIONS FOR CITY INVOLVEMENT IN SUPPORT OF FUTURE ARTS AND ENTERTAINMENT -RELATED SPECIAL EVENTS WITHIN THE CITY, INCLUDING A GRANTS PROGRAM DEVELOPED BY THE STAFF OF THE MAYOR'S OFFICE ON FILM, FESTIVALS, ARTS, CULTURE AND ENTERTAINMENT AND APPROVED BY THE ARTS & ENTERTAINMENT COUNCIL. • PROPOSED AMENDMENT TO ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 10, ENTITLED "SIGN REGULATIONS", IN ORDER TO MODIFY AND CLARIFY PROVISIONS RELATED TO SIGNAGE REQUIREMENTS AND LIMITATIONS, BY ADDING MURAL AND JUMBO-TRON SIGNS CONDITIONALLY AND TO MODIFY PROVISIONS RELATED TO AWNING SIGNS; FURTHER AMENDING ARTICLE 25 ENTITLED "DEFINITIONS," TO ADD NEW DEFINITIONS; • PROPOSED AMENDMENT TO ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT APPROXIMATELY 544 NE 78TH STREET; AND • PROPOSED AMENDMENT TO PAGE NO. 9 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT APPROXIMATELY 544 NE 78TH STREET. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez 4 February 27, 2003 Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None 3. CONSENT AGENDA Chairman Winton: I guess we can move to the CA Agenda. Any discussion on anything other than CA -8? Commissioner Gonzalez: Yes, Mr. Chairman, I do have a question. Chairman Winton: Yes, sir. Commissioner Gonzalez: On the City sidewalks and curb replacements, it says citywide. I just want to confirm that there's some projects being done in District P Chairman Winton: What -- which CA? Which CA is this? Commissioner Gonzalez: That's CA -4 and CA -5. Chairman Winton: Mr. Manager. Joe Arriola (City Manager): I'm sorry. I'm sorry. Alejandro Vilarello (City Attorney) sidewalks? Mr. Arriola: Yes. Mr. Vilarello: Which replacements? He has a question on CA -4 and CA -5, which are the Commissioner Gonzalez: Sidewalks and curb replacements. Mr. Arriola: Yes, sir. Commissioner Gonzalez: The proposal says it's a citywide project. My question is, are there any projects being implemented in District 1, Allapattah, Flagami (UNINTELLIBLE), which I tried to look through the backup document and I couldn't find -- Joe Arriola: Yeah. Commissioner Gonzalez: -- information of where the projects have been done. 5 February 27, 2003 Mr. Arriola: I would like to get staff. Jorge? Jorge Cano. Commissioner Regalado: But I thought that curbs and sidewalks will fall under Public Works and not CIP (Capital Improvements Projects). Mr. Arriola: No, Jorge -- CIP is doing it. Remember, we merged? We merged both departments. Unidentified Speaker: He's pulling the project list. (insert two spaces after colon, as opposed to tab) Mr. Arriola: He's pulling the project list for you right now. Chairman Winton: While we're waiting i44 on him, do you have another item, Commissioner Gonzalez? We'll come back to that. Commissioner Gonzalez: We have an item that deals with police equipment for the -- emergency equipment for the police cars. I don't have a problem with the item. As a matter of fact, I am going to be supporting the item, but I wanted to take that opportunity, Mr. Manager, to request --I have requests from two different -- from Honduras and Salvador to see if we have any cars that we are going to dispose of or any emergency equipment, like lighting and sirens, and any police equipment that we are going to be disposing of that we can donate to for those countries, so -- Joe Arriola: I will look into it. Commissioner Gonzalez: -- if you could please find out for me if there is anything. Joe Arriola: Staff tells me that we made GSA (General Services Administration) aware of them and we're following up on it. Commissioner Gonzalez: All right. Thank you, sir. Chairman Winton: That's it? Do we have an answer on sidewalks yet? Can we move that along? Commissioner Gonzalez: OK, I'm not going to delay the meeting if you don't have an answer at this time, but please provide me, if possible, by this afternoon, with some information in regard to this, OK? I'm not going to take all morning just to find some information. Chairman Winton: OK. Anybody else have a comment on Consent Agenda? Then we need a motion. Commissioner Gonzalez: Move the Consent Agenda. Chairman Winton: Got a motion. Need a second, Joe? 6 February 27, 2003 Commissioner Sanchez: Second. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second on approving the Consent Agenda. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Before beginning to insert the section titles and resolutions for the consent agenda, please insert the following: Note for the Record: CODE SEC. 2-33(J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER GONZALEZ AND SECONDED BY COMMISSION SANCHEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 7 February 27, 2003 3.1 ACCEPT BID OF MICHIGAN INSTRUMENTS, INC. TO PROVIDE CARDIO PULMONARY RESUSCITATORS FOR DEPARTMENT OF FIRE -RESCUE, TOTAL CONTRACT AMOUNT $91,998; ALLOCATE FUNDS FROM "MIAMI-DADE COUNTY EMS GRANT AWARD". RESOLUTION NO. 03-180 A RESOLUTION OF MIAMI CITY COMMISSION ACCEPTING THE BID OF MICHIGAN INSTRUMENTS, INC. TO PROVIDE CARDIO PULMONARY RESUSCITATORS FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS - NEEDED CONTRACT BASIS, FOR TWO YEARS WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE-YEAR PERIOD, AT AN ESTIMATED ANNUAL AMOUNT OF $30, 666, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $91, 998; ALLOCATING FUNDS FROM "MIAMI-DADE COUNTY EMS GRANT AWARD," PROJECT NO. 104014, ACCOUNT CODE NO. 280774.6.840. 3.2 ACCEPT BID OF PRAXAIR DISTRIBUTION SOUTHEAST FOR ACQUISITION OF MEDICAL AND INDUSTRIAL GASES FOR DEPARTMENT OF FIRE -RESCUE, TOTAL CONTRACT AMOUNT $62,783.28; ALLOCATE FUNDS FROM BUDGET OF DEPARTMENT OF FIRE -RESCUE. RESOLUTION NO. 03-181 A RESOLUTION OF MIAMI CITY COMMISSION ACCEPTING THE BID OF PRAXAIR DISTRIBUTION SOUTHEAST, FOR THE ACQUISITION OF MEDICAL AND INDUSTRIAL GASES FOR THE DEPARTMENT OF FIRE - RESCUE, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE-YEAR PERIOD WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS, AT AN ANNUAL AMOUNT OF $20,927.76, FOR A TOTAL CONTRACT AMOUNT OF $62,783.28; ALLOCATING FUNDS FROM THE BUDGET OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280601.6.714, SUBJECT TO AVAILABILITY OF FUNDS. 8 February 27, 2003 3.3 ACCEPT BID OF AERO PRODUCTS CORP. D/B/A AMERICAN LAFRANCE MEDIC MASTER, TO PROVIDE DISPOSABLE HEAD IMMOBILIZERS, FOR DEPARTMENT OF FIRE -RESCUE, TOTAL CONTRACT AMOUNT $115,992; ALLOCATE FUNDS FROM BUDGET OF DEPARTMENT OF FIRE -RESCUE. RESOLUTION NO. 03-182 A RESOLUTION OF MIAMI CITY COMMISSION ACCEPTING THE BID OF AERO PRODUCTS CORP. D/B/A AMERICAN LAFRANCE MEDIC MASTER, TO PROVIDE DISPOSABLE HEAD IMMOBILIZERS, FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS, FOR TWO YEARS WITHY THE OPTION TO RENEW FOR AN ADDITIONAL ONE-YEAR PERIOD, AT AN ANNUAL AMOUNT OF $38,664, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $115,992; ALLOCATING FUNDS FROM THE BUDGET OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280601.6.714. 3.4 ACCEPT BID OF MEF CONSTRUCTION, INC., FOR PROJECT ENTITLED "CITYWIDE SIDEWALK REPLACEMENT PROJECT PHASE 23, B-4663", TOTAL COST $210,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT. RESOLUTION NO. 03-183 A RESOLUTION OF MIAMI CITY COMMISSION ACCEPTING THE BID OF MEF CONSTRUCTION, INC., FOR THE PROJECT ENTITLED "CITYWIDE SIDEWALK REPLACEMENT PROJECT PHASE 23, B-4663", IN AN AMOUNT NOT TO EXCEED $179,650 FOR CONTRACT COSTS, PLUS $30,350 FOR EXPENSES INCURRED BY THE CITY, FOR AN ESTIMATED TOTAL COST OF $210,000; ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT NO. 341183; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. 9 February 27, 2003 3.5 ACCEPT BID OF METRO EXPRESS, INC., FOR PROJECT ENTITLED "CITYWIDE CURB REPLACEMENT PROJECT 2003, B-4661", TOTAL PROJECT AMOUNT $121,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT. RESOLUTION NO. 03-184 A RESOLUTION OF MIAMI CITY COMMISSION ACCEPTING THE BID OF METRO EXPRESS, INC., FOR THE PROJECT ENTITLED "CITYWIDE CURB REPLACEMENT PROJECT 2003, B-4661", IN AN ESTIMATED TOTAL AMOUNT NOT TO EXCEED $98,050 FOR CONTRACT COSTS, PLUS $22, 950 FOR EXPENSES INCURRED BY THE CITY, FOR A TOTAL PROJECT AMOUNT NOT TO EXCEED $121,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NOS. 341182 AND 341183; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. 3.6 ACCEPT BID OF WILLIAMS PAVING COMPANY, INC., FOR PROJECT ENTITLED "COCONUT GROVE STORM SEWERAMPACT FEE PROJECT, PHASE 11, 13- 5660," $757,001; ALLOCATE $904,406.67 FROM CAPITAL IMPROVEMENT PROGRAM PROJECTS. RESOLUTION NO. 03-185 A RESOLUTION OF MIAMI CITY COMMISSION ACCEPTING THE BID OF WILLIAMS PAVING COMPANY, INC., FOR THE PROJECT ENTITLED "COCONUT GROVE STORM SEWERAMPACT FEE PROJECT, PHASE 1113- 5660," IN THE AMOUNT OF $757,001; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT' ALLOCATING FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED $904,406.67 ($757,001 TO COVER CONTRACT COSTS PLUS $147,405.67 FOR ESTIMATED EXPENSES INCURRED BY THE CITY), FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NOS. 352213 AND 352208. 10 February 27, 2003 3.7 ACCEPT BID OF LAW ENFORCEMENT SUPPLY CO, INC. FOR PURCHASE AND INSTALLATION OF POLICE VEHICLE EMERGENCY EQUIPMENT, FOR DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, TOTAL CONTRACT VALUE $1,575,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM. RESOLUTION NO. 03-186 A RESOLUTION OF MIAMI CITY COMMISSION ACCEPTING THE BID OF LAW ENFORCEMENT SUPPLY CO. INC FOR THE PURCHASE AND INSTALLATION OF POLICE VEHICLE EMERGENCY EQUIPMENT, ON AN AS NEEDED BASIS, FOR THE INITIAL TERM OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $525,000, FOR THE DEPARTMENT OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION, FOR A TOTAL CONTRACT VALUE OF $1,575,000; ALLOCATING FUNDS THEREFORE FROM CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 311850.429401.6.840. 3.8 AUTHORIZE CITY ATTORNEY TO RETAIN LEGAL COUNSEL FOR REPRESENTATION OF CITY IN ALL MATTERS, INCLUDING, BUT NOT LIMITED TO LITIGATION AND BANKRUPTCY, RELATED TO DADE FOREIGN TRADE ZONE, INC., $100,000, PLUS COSTS AS APPROVED BY CITY ATTORNEY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-187 A RESOLUTION OF MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO RETAIN LEGAL COUNSEL FOR THE REPRESENTATION OF THE CITY OF MIAMI IN ALL MATTERS, INCLUDING, BUT NOT LIMITED TO LITIGATION AND BANKRUPTCY, RELATED TO DADE FOREIGN TRADE ZONE, INC., IN AN AMOUNT NOT TO EXCEED $100,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT NO. 515001.624401.6.661. 11 February 27, 2003 3.9 AUTHORIZE MANAGER TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH BAYSHORE PROPERTIES, INC. TO CORRECT ERROR IN LEGAL DESCRIPTION OF PROPERTY CURRENTLY LEASED BY BAYSHORE PROPERTIES, INC. RESOLUTION NO. 03-188 A RESOLUTION OF MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BAYSHORE PROPERTIES, INC. TO CORRECT AN ERROR IN THE LEGAL DESCRIPTION OF THE PROPERTY CURRENTLY LEASED BY BAYSHORE PROPERTIES, INC., FROM THE CITY OF MIAMI. 3.10 AUTHORIZE DIRECTOR OF FINANCE TO PAY ODAYLS GONZALEZ, SUM OF $30,000 IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY IN CASE OF ODALYS GONZALEZ V. CITY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-189 A RESOLUTION OF MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ODAYLS GONAZALEZ, WITH OUT ADMISSION OF LIABILITY, THE SUM OF $30,000 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 ODALYS GONZALEZ V. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN AN FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-12091 CA (10), UPON EXECUTING A RELEASE FOR 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. 515001.624401.6.651. 12 February 27, 2003 3.11 APPROVE FINDINGS OF EVALUATION COMMITTEE PURSUANT TO RFQ #01- 02-222, DEVELOPMENT OF COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP); AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH DAVISLOGIC INC., DBA ALL HANDS CONSULTING FOR PROVISION OF PART A SERVICES, FUNDING FROM CAPITAL IMPROVEMENT PROJECT ENTITLED "ALL HAZARDS COMPREHENSIVE EMERGENCY MANAGEMENT PLAN" AND CAPITAL IMPROVEMENT PROJECT ENTITLED "BUSINESS CONTINUITY; AUTHORIZE PROVISION OF PART B SERVICES FROM DAVISLOGIC INC., DBA ALL HANDS CONSULTING, TOTAL CONTRACT AMOUNT $578,410 FROM VARIOUS DEPARTMENT ACCOUNTS. RESOLUTION NO. 03-190 A RESOLUTION OF MIAMI CITY COMMISSION APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO RFQ #01- 02-222, DEVELOPMENT OF A COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP); AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED PROCESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DAVISLOGIC, INC., DBA ALL HANDS CONSULTING FOR A TOTAL NOT TO EXCEED $397,606 FOR THE PROVISION OF PART A SERVICES, WITH FUNDING PROVIDED FROM THE CAPITAL IMPROVEMENT PROJECT ENTITLED "ALL HAZARDS COMPREHENSIVE EMERGENCY MANAGEMENT PLAN", PROJECT NO. 313854, ACCOUNT CODE NO. 289401.6.340 ($241,917) AND CAPITAL IMPROVEMENT PROJECT ENTITLED `BUSINESS CONTINUITY, PROJECT NO. 311507, ACCOUNT CODE NO. 469401.6.270 ($155,689): FURTHER AUTHORIZING THE PROVISION OF PART B SERVICES FROM DAVISLOGIC INC., DBA ALL HANDS CONSULTING, IN AN AMOUNT NOT TO EXCEED $180,534, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $578,410 FROM VARIOUS DEPARTMENT ACCOUNTS, SUBJECT TO AVAILABILITY OF FUNDS. 13 February 27, 2003 3.12 AUTHORIZE INCREASE IN CONTRACT WITH AERO PRODUCTS CORPORATION FOR PROCUREMENT OF THREE ADDITIONAL MEDICAL CARE VEHICLES FOR DEPARTMENT OF FIRE -RESCUE, TOTAL INCREASE IN CONTRACT $1,325,928; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT $320,557, FIRE ASSESSMENT FEE AND IMPACT FEE, $74,000. RESOLUTION NO. 03-191 A RESOLUTION OF MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT WITH AERO PRODUCTS CORPORATION, APPROVED BY RESOLUTION NO. 02-357, FOR THE PROCUREMENT OF THREE ADDITIONAL MEDICAL CARE VEHICLES FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $127,519 PER VEHICLE, FOR A TOTAL INCREASED AMOUNT OF $382,557, FROM $893,333 TO $1,275,890, AND AN INCREASED CONTINGENCY RESERVE OF $12,000, FROM $38,038 TO $50,038, FOR A TOTAL INCREASE IN THE CONTRACT NOT TO EXCEED $1,325,928; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313233, ACCOUNT CODE NO. 29401.6.840, IN THE AMOUNT OF $320,557, AS FUNDED BY THE FIRE ASSESSMENT FEE AND THE IMPACT FEE, ACCOUNT CODE NO. 313246.289401.6.840, IN THE AMOUNT OF $74,000. 3.13 AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO EXISTING AGREEMENT WITH OCCUPATIONAL HEALTH SYSTEMS, INC. TO EXTEND TERM OF AGREEMENT FROM MARCH 18, 2003 TO JUNE 18, 2003, FOR MANAGED CARE SERVICES CLAIMS FOR DIVISION OF RISK MANAGEMENT; AUTHORIZE ALLOCATION OF $75,000, FROM WORKERS' COMPENSATION - MISCELLANEOUS ACCOUNT. RESOLUTION NO. 03-192 A RESOLUTION OF MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH OCCUPATIONAL HEALTH SYSTEMS, INC. TO EXTEND THE TERM OF THE AGREEMENT FROM MARCH 18, 2003 TO JUNE 18, 2003, FOR THE MANAGED CARE SERVICES CLAIMS FOR THE DIVISION OF RISK MANAGEMENT; AUTHORIZING THE ALLOCATION OF AN AMOUNT NOT TO EXCEED $75,000, FROM WORKERS' COMPENSATION - MISCELLANEOUS ACCOUNT NO. 515001.624401.6.668. 14 February 27, 2003 3.14 AUTHORIZE AND DIRECT MANAGER TO TRANSFER $90,000, FROM "DEVELOPMENT PROJECTS CONSULTANT" TO BUDGET OF DOWNTOWN DEVELOPMENT AUTHORITY "DDA", AS CITY'S MATCHING FUNDS FOR DDA TO ENTER INTO PROFESSIONAL SERVICES AGREEMENT WITH QUALIFIED FIRM FOR DESIGN DEVELOPMENT OF JEWELRY DISTRICT PROJECT IN DOWNTOWN MIAMI. RESOLUTION NO. 03-193 A RESOLUTION OF MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TRANSFER FUNDS, IN AN AMOUNT NOT TO EXCEED $90,000, FROM "DEVELOPMENT PROJECTS CONSULTANT" ACCOUNT 344102.509202.6.270 TO THE BUDGET OF THE DOWNTOWN DEVELOPMENT AUTHORITY "DDA", AS THE CITY'S MATCHING FUNDS FOR THE DDA TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH A QUALIFIED FIRM FOR DESIGN DEVELOPMENT OF THE JEWELRY DISTRICT PROJECT IN DOWNTOWN MIAMI. Chairman Winton: Should we go to CA -- Commissioner Regalado: Question. Mr. Vilarello: Yes, CA -8. Commissioner Regalado: You gave us CA -10. That was included? Mr. Vilarello: That was included, yes -- Chairman Winton: Yeah, PZ (planning and zoning) -- CA -10 was include in our motion just now. Commissioner Regalado: OK. Chairman Winton: CA -8 was not. Mr. Vilarello: Mr. Sanchez -- Commissioner Sanchez: Mr. Chairman -- Commissioner Regalado: No, we did -- sorry. Chairman Winton: I'm sorry. Go ahead, Commissioner Regalado. Commissioner Regalado: No, we did approve CA -4. Angel, you didn't pull CA -4 and CA -5, right? 15 February 27, 2003 Commissioner Gonzalez: No, sir. Commissioner Regalado: OK, thank you. 4. ACCEPT BIDS OF AERO PRODUCTS CORP. D/B/A AMERICAN LAFRANCE MEDIC MASTER, EMERGENCY MEDICAL PRODUCTS, INC., PHARMED CORP, SUNBELT MEDICAL SUPPLY, INC., AND TRI-ANIM HEALTH SERVICES, INC. FOR PROVISION OF INTRAVENOUS (IV) FLUIDS AND ADMINISTRATION SETS FOR DEPARTMENT OF FIRE -RESCUE, TOTAL CONTRACT AMOUNT $152,400; ALLOCATE FUNDS FROM BUDGET OF DEPARTMENT OF FIRE -RESCUE. Chairman Winton: OK. Commissioner Sanchez. Commissioner Sanchez: Mr. City Attorney, on CA -5, I have a conflict of interest, and I have filed the -- Chairman Winton: (UNINTELLIGIBLE). Commissioner Sanchez: -- appropriate documents with the City Clerk. It's a business dealing, so I will be abstain -- 8. I'm sorry, CA -8 -- so, I will be abstaining from voting on that issue. Chairman Winton: OK, so, we need a motion on CA -8. Commissioner Gonzalez: Move CA -8. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 16 February 27, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION 03-194 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF AERO PRODUCTS CORP. D/B/A AMERICAN LAFRANCE MEDIC MASTER, EMERGENCY MEDICAL PRODUCTS, INC., PHARMED CORP, SUNBELT MEDICAL SUPPLY, INC., AND TRI-ANIM HEALTH SERVICES, INC. FOR THE PROVISION OF INTRAVENOUS (IV) FLUIDS AND ADMINISTRATION SETS FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN ITEM -BY -ITEM, AS -NEEDED CONTRACT BASIS, FOR TWO YEARS WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE-YEAR PERIOD, AT AN ESTIMATED ANNUAL AMOUNT OF $50,800, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $152,400; ALLOCATING FUNDS FROM THE BUDGET OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO. 001000.280601.6.714. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSTAIN: Commissioner Joe Sanchez ABSENT: None. Chairman Winton: I think we have a time certain at 9:30 for discussion on organization chart, budget, and the auditor general. Is that correct? Joe Arriola (City Manager): That's correct. Chairman Winton: And who's going to lead that discussion? Alejandro Vilarello (City Attorney): Mr. Chairman, on the motion to defer Item 17, PZ 10, 11, and 12, we didn't mention a specific date. Is it correct to assume that it will be on the March 27 meeting? Chairman Winton: I would think. 17 February 27, 2003 Mr. Vilarello: So is it without objection, it'll be -- deferral to the March 27 meeting. Chairman Winton: Fine. 5. DISCUSSION CONCERNING PRESENTATION OF ORGANIZATIONAL CHART, BUDGET AND FULL DISCUSSION REGARDING AUDITOR GENERAL. Joe Arriola: (City Manager): Internal Audit. Chairman Winton: Good morning. Joy Intriago: Good morning. Can you hear me? Chairman Winton: Yes. Need your name and address for the record, and you'll probably have to get a little closer to the miKE. Ms. Intriago: Joy Intriago. I live at 1829 Espinola Drive in Miami, Florida. Chairman Winton: And, Joy, just -- why don't you, for the record, just put on the record that you're a volunteer in your position on our Audit Advisory Board. Ms. Intriago: I am the chairperson of the Audit Advisory Committee, which is established by statute — by ordinance in the City of Miami. And I'm here today as a volunteer, and if you'd like for me to continue as to the reason that I'm here -- Chairman Winton: It's all yours. Ms. Intriago: OK. I'm here today in response to a request from Commissioner Teele in May of 2002, in which he asked us to come back to the Commission with recommendations on how to proceed with the hiring and budgeting of Independent Auditor General and that position; and further to provide job qualifications, and a scope of credentials, et cetera. We have, over the past few months, the Committee, along with Victor Igwe, who's the Director of Internal Audit, who participates as an ex -officio member on our committee, have met and analyzed this issue, given it proper consideration. As you know, Charter Amendment 99-608 was approved in a referendum in 1999, and it created the office of the Independent Auditor General to provide the City Commission with independent oversight of audit and analytical functions of the City. For the fiscal year 2003, a $200,000 appropriation was made to fund the office. Prior to this fiscal year, there was no appropriation made and, therefore, the Charter amendment has not been implemented. As you know, the City of Miami, in the administrative branch, currently has an office of Internal Audit, staffed by a director and ten auditors, who perform internal audit functions for the City. The department also currently accepts requests for audits from Commissioners. The office currently reports to the City Manager. In response to the request from Commissioner Teele, our committee recommends to the City Commission that the current office of Internal Audit become the independent auditor general, as provided for in the Charter amendment. Our reasons for this change are twofold: First of all, and probably the most important reason -- and this is something that we considered even outside of this 18 February 27, 2003 recommendation in the past -- is that the reporting of the Office of Internal Audit to the City Manager has the potential to inhibit the independence of the department. This could be likened to in a corporate setting, a corporation has an audit committee that reports to the board of directors and not to the management of the company. During our analysis, we decided to survey cities, other cities of similar size. They're referred to in the recommendation that you will have in your papers. Of the nine cities that we surveyed, not one of the them reports to the City Manager; three of them report to the City Commission; two of them report to the citizens; that is, they are elected, and two of the report to a Strong Mayor. Since the Office of Internal Audit is auditing the administrative branch of government, the independence of auditing functions will be enhanced by placing it outside of that branch. However, our recommendation would also include the authority given to the City Manager to request audits to be performed by the IAG (Internal Auditor General). Therefore, this would not be taken away from the administrative branch. Secondly, another reason for our recommendation is because the funding of two internal audit offices is duplicative, wasteful, and inefficient use of City resources. The current budget of 200,000 is much lower than would be necessary to fully staff and hire a competent IAG Office. And also the other necessary expenses of running a separate office. Governmental experience is very hard to find. Finding individuals who are familiar with governmental financial standards, and therefore, it's very difficult to hire. Even sometimes in the financial departments of the City, we oftentimes have noticed that there's a reason that we have to take people that don't have that type of background, because it is very specialized. We believe -- and this is in consultation -- looking at the budgets of our group and also with -- I say our group, the City of Miami's current Internal Audit Department -- that in order to adequately fund an IAG, it would take about $750,0000, which is about 550,000 more than is currently in the budget. By utilizing the current resources and the current combined budgets, which is about 950,000, it would allow -- this would also allow for additional audit resources to be given to the City Commission to handle any additional audits that they might request, or any other financial analysis that they may need to come from the Independent Auditor General. We believe, at first blush, that that's a savings of over 500,000. However, I'd like to go back to my first point. We believe, very strongly, that the independence of the Office of Internal Audit has the potential to be impaired by being in the administrative branch of government and, therefore, we believe it should be outside of the administrative branch, and should report to the City Commission. We believe that maintaining two offices is also duplicative. If the Commission accepts our recommendation, the Office of Internal Audit would cease to exist, and appropriate changes would need to be made and codified, including the authority of the City Manager to request audits of the IAG. The City Attorney's Office has put together a draft ordinance that encompasses most of our recommendations. However, we believe it does need to be tweaked. We would request today that you accept our recommendation and direct the City Attorney's Office to refine that ordinance and put it into place. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Thank you, Mr. Chairman. You indicated that the request was made almost ten months ago? Ms. Intriago: Yes, it was, in May. 19 February 27, 2003 Vice Chairman Teele: May I inquire as to over this period of time, was there some unanimity or consensus within the Committee? Ms. Intriago: Yes, there was. We met -- we didn't feel like we could do this quickly. We felt like we wanted to look at what other cities did, and survey that situation. And we all have -- are unanimous in our recommendation. Vice Chairman Teele: So, the recommendations are unanimous? Ms. Intriago: Yes, they are. Vice Chairman Teele: And how many members do we have on that committee, five people? Ms. Intriago: Five members. Vice Chairman Teele: Five voting members? Ms. Intriago: yes, we do. Vice Chairman Teele: One appointed by each of the Commissioners? Ms. Intriago: Yes. Vice Chairman Teele: Mr. Attorney, we probably need to go back and amend that ordinance to allow for the Mayor to have some number of appointments. Whether it's one or two, it doesn't matter to me. But I do think -- that's one of those glitches that sort of occurred as a result of the change and we never fixed that. Recently the voters of Broward County voted to place or create a very similar, if not identical, position. Did you look at that? And was that in Broward County or the City of Ft. Lauderdale? Ms. Intriago: We did not look at that because our survey was done some time ago. We did cities. We did -- we looked at Houston, Dallas -- Vice Chairman Teele: No, no. Excuse me. Ms. Intriago: I'm sorry. Vice Chairman Teele: Excuse me. My question relates to recently the voters approved, overwhelmingly, the creation of an Auditor General or Independent Auditor. Ms. Intriago: No, we did not look at that. Vice Chairman Teele: OK. Would you mind going back and looking at that? Or Mr. Attorney. Alejandro Vilarello (City Attorney): Yes, sir. 20 February 27, 2003 Vice Chairman Teele: In conjunction with the League of Cities or the Conference of -- or the Association of Counties -- I don't recall whether it was the City or the County -- Victor Igwe (Director, Internal Audit and Reviews): Commissioner -- I'm sorry to interrupt you. I'm very familiar with Broward County. Vice Chairman Teele: Why don't you give us your name for the record. Mr. Igwe: My name is Victor Igwe with Internal Audit for the City of Miami. Broward County has two types of internal Audit Departments. They have one -- Vice Chairman Teele: Excuse me. I'm not asking that question. I'm asking what did the voters approve in Broward County within the last two years? Mr. Igwe: They approved to have what is called County Auditor, who will report directly to the County Commissioners. Vice Chairman Teele: Was that Broward County or Ft. Lauderdale? Mr. Igwe: Broward County. Vice Chairman Teele: How did the duties of that legally create an entity? That was done within the last two years or last year? Mr. Igwe: Actually, it was done last year. Vice Chairman Teele: How does that entity differ from the proposal that is being made by the Committee today? Mr. Igwe: It's very similar in nature. Vice Chairman Teele: I just -- I think it's important to note that a number of people from Broward County talked to me -- came down and talked to me about it, and it's very clear they replicated, to a great extent, the proposal that we did. Ours is replicated after the Comptroller General or the GAO (General Accounting Office) function, and the State Independent Auditor function, just to give a legislative history. Did you all discuss these recommendations with either the Manager -- Ma'am, did you all discuss -- Mr. Igwe: I did discuss it with the Manager. Vice Chairman Teele: Excuse me, sir. Ma'am, did you all discuss these recommendations with the Manager from the Committee's point of view? Ms. Intriago: Yes, we did. Vice Chairman Teele: And how would you characterize those -- may I ask which Manager? 21 February 27, 2003 Ms. Intriago: Which Manager? The current Manager. Vice Chairman Teele: OK. All right. Ms. Intriago: And the -- what I heard -- and maybe the individual who spoke with him may want to speak -- but from what I understand, that -- he was in favor of this and had no objections to it. Vice Chairman Teele: Mr. Chairman, thank you. At the end of the debate -- discussion, at the appropriate time, I would certainly like to hear, firsthand, from the Manager. I think that the Manager's consideration should be factored in. But I think, you know, the voters have been patient with us, the public have been more than patient, and I think, you know, what we really need to do is to implement this. We normally do a mid -year budget adjustment. I would assume that's coming up in April or -- March or April, somewhere in there. May -- April. And it would be my intent to move on first reading, for discussion, the ordinance today. Hold that ordinance for second reading to coincide with the effective date to go in, so that when the ordinance comes up -- so that would mean that we would probably hear it first reading today and second reading in the first meeting -- we only have one meeting in March, right? Unidentified Speaker: That's correct. Vice Chairman Teele: Madam Clerk, we only have one meeting in March. You gave me a calendar that shows two. Priscilla A. Thompson (City Clerk): That's correct, sir. Vice Chairman Teele: So we would have a second reading in March. And then -- the ordinance takes 30 days to go into effect, is that right? Mr. Vilarello: It goes into effect at the point that you determine it shall go into effect. At least 30 days, yes. Vice Chairman Teele: OK. So -- but my intent would be to marry it and to have a fuller discussion as a part of the budget process, when we do our mid -year ordinance in the month of April, Mr. Manager, just so that we're on the same calendar. Thank you, Mr. Chairman. Chairman Winton: Yes. Mr. City Attorney. Mr. Vilarello: Could I address on issue to Commissioner Teele's point? Vice Chairman Teele: Please. Mr. Vilarello: The Audit Advisory Committee came to its conclusions in its recommendations and early this week we were requested to put together a draft ordinance, which we did, and provide it to them yesterday. It is not exactly consistent with -- they've had a very short period of time to review it, and they'd like to refine that somewhat before it's presented to the City 22 February 27, 2003 Commission. I don't know if they want to make those changes right now, given that you're willing to consider on first reading, or whether they'd like to look at this in greater detail. Vice Chairman Teele: All you need is a title. But what we need is 30 days to vet this thing and review this thing, and for everybody to be clear by the fourth week in March -- that's about 30 days from now -- as to where we're really going, and what -- you know, if there's opposition, they'll be opposition. Richard Berkowitz: Commissioner, there's no oppo -- my name is Richard Berkowitz. There's no opposition. Vice Chairman Teele: You ain't got a vote up here. Mr. Berkowitz: I'm sorry, sir? Vice Chairman Teele: You ain't got a vote up here. You never know whether there's going to be opposition up here. Mr. Berkowitz: Thank you, Commissioner. We -- Commissioner Regalado: Excuse me, if I may. Mr. Berkowitz is my appointee and he -- I did speak to him several weeks ago, when they were deciding to send this to the City Commission, and I told him that I fully support it. That's why maybe he said there wasn't opposition on this part of the table. Vice Chairman Teele: I don't mind (INAUDIBLE). Chairman Winton: Richard. Mr. Berkowitz: I believe that the -- Ms. Thompson: I'm sorry. Can I get the name for the record, please, sir? Chairman Winton: He put it on the record. It's Richard Berkowitz. Vice Chairman Teele: Berkowitz, the distinguished. Mr. Berkowitz: Thank you, Commissioner. I also had the opportunity to talk to -- Vice Chairman Teele: Well, he is. He's one of the first people in this town that had an African- American law partner back in the 70's, weren't you? Weren't you the first? Mr. Berkowitz: My brother, Commissioner. He's very proud that. We're -- as a matter of fact, Mr. McCray had a wonderful dinner a week ago. He's a great man. Vice Chairman Teele: He's very distinguished. 23 February 27, 2003 Mr. Berkowitz: We agree with the City Attorney, that we should take a look at the resolution and vet it, as the Commissioner suggest, and come back and finalize this, because there are issues that need to be ironed out. But we are unanimous and we strongly recommend that you support this provision. It's better government. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: I happen to agree with that. I think that there needs to be more discussion and we need to be more informed. Because my concern is, if I don't -- I don't want to say "t" I think this legislative body doesn't want to perceive this as a washed down or a diluted of what the voters voted for. I mean, it's -- it was voted for by the voters and, you know, we want to make sure that it's well explained and people understand this. Ms. Intriago: And our intention was to have all of the provisions of the Charter amendment as part of this -- it would be the IAG. Our point is only that the Office -- to have two offices is duplicative, and having the Office of Internal Audit in the administrative branch is not really proper. It's better government to have it outside of that. But we believe it should be part of the IAG. And the only difference would be is that the City Manager would have the authority to request audits of that group. Chairman Winton: Any other comments, Commissioner Sanchez? Commissioner Sanchez: No. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: On that point, there was compromise, I think, that was made pursuant to some public concerns, and that was the way the ordinance was crafted or the way the Charter was crafted, any individual Commissioner may request an audit. There were certain statements, at least made by myself as the principal author of the Charter amendment, that when it came back, I would insist that no Commissioner can make a request for audit except in a Commission meeting. In other words, there will be no memos going out, et cetera. Commissioner Sanchez: So, it would be through a vote? Vice Chairman Teele: No. That's not what the Charter says. A Charter -- any Commissioner may request an audit, under the Charter provision. But what I'm going to insist on doing, as I've said to the public -- I think some lawyer from the Grove and several others came down -- is that requests must be made in a Commission meeting. In other words, nobody can pick up the phone at midnight and say, dah, dah, dah, dah, dah. I would be willing to provide that the Manager may, in writing, not request, but direct that an audit be provided. I mean, if that gives everybody the comfort zone. I think, as long as the Manager makes his request in writing, it doesn't have to be done in the Commission meeting, and that would be the way I would deal with the merger of 24 February 27, 2003 those two offices so the Manager, in no way, is stymied by coming to the Commission and getting permission for an audit. And I think that's a reasonable compromise. Victor, I'd like to know your view on that. Mr. Igwe: Yeah, I'm in full support of the Committee's recommendation. And one of the reasons that -- Vice Chairman Teele: But I wasn't talking about the Committee. I'm talking about my -- Mr. Igwe: I understand. I'll get to the -- I'll address -- Vice Chairman Teele: My tweaking this to make sure that the Manager doesn't have to come before the Commission to direct an audit or request an audit, to use the term of the Committee. I'm using the term that the Manager may direct an audit, as long as it's done in writing. Commissioner Sanchez: Well, those were some of the concerns that I had, and now they're bringing them to light. So, what I would ask is, I'm prepared to support it on first reading, but I would like to meet with the Committee and get briefed more on it, because -- I mean, this is just (INAUDIBLE). Mr. Igwe: Commissioner, what I was trying to say is that the Committee recommended that the Manager have the authority to direct audit, and that's what I was saying, that I support that. Ms. Intriago: Additionally -- Chairman Winton: Wait a minute. Commissioner Sanchez, you had -- so, did -- I don't know if you (INAUDIBLE) responded. Commissioner Sanchez: I'm prepared to support it on first reading, as long as -- Chairman Winton: But you want them to come and meet with you, so -- Commissioner Sanchez: -- you know, I sit down with the Committee and they inform me well on the issue. I want to be very informed on this issue. This is a very important issue and we've got to make sure that we address all the points and concerns, so we don't vote on this and find ourselves in a situation six months or a year from now saying, "What the did we vote on?" So, I just want to be well informed on it, because I did not participate in these meetings -- public meetings that they had, and I just want to be well informed on it. But I'm willing to support it on first reading. Chairman Winton: And I would -- and I know y' all are volunteers and spend an awful lot of time in this volunteer arena, but I would ask that you take a little more of your volunteer time and meet with every Commissioner that would like to meet with you and go over the recommendations so everybody's clear when we get to the second reading. Ms. Intriago: OK. 25 February 27, 2003 Commissioner Sanchez: And I realize that your time is precious, and if you want me to go meet with you somewhere, I'll be more than glad to do that. Chairman Winton: Yes, ma'am. Ms. Intriago: We did discuss that there would be certain procedural issues that may come up after the change is made. However, this -- there are certain procedures that internal auditors follow in order to select and to make an audit plan, and those should be refined and they should be met -- put together with the request from the City Commission to do -- from a Commissioner to do an audit. And those procedural elements, we felt like, should perhaps be the second step. If you feel more comfortable covering that in this ordinance, it certainly would take a little more time, but it's doable. Because Commissioner Teele is correct when he says that the Charter amendment does give the -- a Commissioner the authority to request an audit and that's -- it's not very clear exactly how that's done. The Commission could agree, for example, of a certain procedure to be followed to make that actually happen, but we didn't cover that in this because we felt like it was more important to get the consensus that the fundamental change would take place, and then the procedural aspects could be covered. Chairman Winton: OK. Any other comments? I would like to congratulate the Committee. I think y' all have -- you've put an awful lot of work in this. I think you've done an outstanding job. I think the recommendation, frankly, is a recommendation that will bring much better government to our community. I never made any sense at all to me that the Audit Department worked for the City Manager, who had the direct responsibility for all the departments. So, I mean, that just -- it wasn't very logical anyhow. So, I think y'all have done a great job and we really appreciate the effort. Commissioner Teele, do you want to introduce a motion on this item? Vice Chairman Teele: No. Mr. Chairman, with your permission, I'd like to introduce an ordinance, and then I'd like to make two companion motions. Chairman Winton: All yours. Vice Chairman Teele: Mr. Attorney, would you read the ordinance, as amended? Mr. Vilarello: Yes. The title doesn't change with regard to the effective date. If I can make a suggestion, that it shall take effect upon the appointment by the City Commission of the Independent Auditor General. In that way, it'll take effect at the appropriate time. Vice Chairman Teele: I would so move, Mr. Chairman. Commissioner Gonzalez: Second. Vice Chairman Teele: Does this contain the language relating to limiting the Commission to making requests in an open Commission meeting? 26 February 27, 2003 Mr. Vilarello: No, it does not. Vice Chairman Teele: Then I would amend that in providing that Commissioners' requests for audits shall be done during a Commission meeting; and further authorizing that the Manager, in writing -- Commission and Mayor -- Mayor and Commission -- and that the Manager may, in writing, make a corresponding request direct an audit, as amended. Chairman Winton: So we have a motion -- an amended motion. And who seconded it? Commissioner Sanchez: I'll second it for the purpose of discussion. Chairman Winton: OK. Discussion. Commissioner Sanchez: And the concern that I have is that just the Commissioner, on a Commission meeting, could just direct to have an audit done. I think that it would be effective if we would do it where a Commissioner will make a motion and get the votes to get it done that way. It prevents things that have happened here in the past, where things are done out of vindictive -- may not have any reason to have somebody conduct an audit. Therefore, you know, it's better we do it through a voting process, where if we're able to identify the facts that any agency is doing irregularities or, you know, you have to show -- build a case and get the votes from the Commission to have an audit done. Chairman Winton: Mr. City Attorney, I think you probably ought to address this issue. I think I know the answer. And I think, Commissioner Sanchez, probably most of us up here agree, but I think the City Attorney is going to tell us that the Charter language that we passed doesn't allow for that, and that is precisely the reason -- and this was on the ballot. I really pushed hard for the voters not to approve this language, because that provision in there scared me to death. But, Mr. City Attorney, would you -- Vice Chairman Teele: It's what the voters approved, though. I mean -- Mr. Vilarello: Commissioner Winton is correct. The language in the Charter question itself provided for the Commissioners to be permitted to request an audit. You certainly could, by ordinance, require the procedure by which you request it, at an open public meeting, as Commissioner Teele suggested, and you can, by agreement amongst yourselves, agree not to enforce it individually, but that would be just simply a gentlemen's agreement amongst yourselves. Commissioner Sanchez: We're just fine-tuning something that could derail -- Mr. Vilarello: It could not be part of the ordinance. Commissioner Sanchez: -- and cost the City more money. I mean, it's -- it was -- you know, it had good intent, but I think some of the language on it was horrible. I mean, the voters passed it because they didn't have confidence in this government, and they were desperate to vote on it. They aren't disappointed -- they should be disappointed, it's taken four years for us to get this 27 February 27, 2003 together because I know there had been some derailments to stop this. But, you know, if we're going to do it, let's do it right, because we're going to continue to do things that it happened in the past, and just one Commissioner is going to go, "I'd like an audit on such an such," you know, and that's going to create more problems. So, we could amend it or do whatever action we could take legally to make sure that it's done through a vote, you pretend your case -- you present your case in the Commission meeting and you get the three votes and now it's done, you know. That way you cut out unnecessary audits just by vindictive individuals. Vice Chairman Teele: Mr. Chairman. Mr. Vilarello: Mr. Chair, to Commissioner Sanchez, unfortunately to your argument, the way the Charter language is written, we cannot adopt an ordinance, which is inconsistent with that Charter language. So, we couldn't put that requirement in an ordinance. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Commissioner Teele, Commissioner Gonzalez wanted to comment, so I'll go to Commissioner Gonzalez and then to you, sir. Commissioner Gonzalez: Thank you, Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: I just want to add that I agree 100 percent with Commissioner Sanchez' position, and I wish there could be a way, as the City Attorney said, maybe a gentlemen's agreement in public, so nobody can back off on it later on, that at least three Commissioners vote or approve the audit in question. I don't know. You're the attorney. I guess you have to work on whether we can, like you said, you know, in a gentlemen's agreement or either type of agreement that we can come (INAUDIBLE). Chairman Winton: There is a way to get at this issue, and that's to put different language on the ballot and let the public vote again. Vice Chairman Teele: Right. Chairman Winton: That's the way we can get at fixing this issue. And, frankly, I would recommend that. I think the language we have here -- because the language is even worse than the City Attorney is describing, frankly. I think the language not only allows for an audit, but it allows for an investigation of any person, any Commissioner, any -- I mean, it was awful. Commissioner Sanchez: And I'm glad you brought that up. It's just not -- just an audit. It's an investigation. Chairman Winton: Right. 28 February 27, 2003 Commissioner Gonzalez: Well, Mr. Chairman, if we have -- we need to go back to the voters, let's do it. Chairman Winton: Well, it would certainly be my recommendation. And, Commissioner Teele, I'm sorry. You're recognized. Vice Chairman Teele: Thank you, Mr. Chairman. Mr. Chairman, I think one of the things that really people note consistently -- and I'm certainly going to note it -- is I agree with all of the comments that have been made, but there is something called democracy, and the people having the right to elect representatives of their choice. In America, in the United States Congress, any congressman may request an audit by the GAO, any congressman, by virtue of authority. It is sort of like the Sergeant At Arms thing, where, you know, everybody fell in love with the word "Sergeant At Arms." So, Mayor started have Sergeant At Arms. Sergeant At Arms are legislative -- there's a part of a legislative history that goes all the way back to Paul Revere. And even though we're in Miami, America's framework is still America's framework. And the authority of the legislative officer, by virtue of the office, which is extremely limited as compared to the administration, or the Presidency in this case, is to ensure that their directives are being carried out. And with all due respect, I have no problems going back for an amendment to the Charter, and I would support a Charter amendment. But what I will not support is the defacto reversal of a vote by the public engaging in a long discussion and beating up on the public, that the public doesn't know, because the voters have consistently proved, even back in the days of Rome, where the masses are instinctively correct, I think was the response of the great scholar on "How Do We Know Who They Want?" Well, the masses are instinctively right, and this is a part of a legislative framework. There is no violence done, in my mind, by changing this to allow for a Commission vote. I think it raises a lot of issues, based upon Baker versus Carr, and the whole series cases that emanate out of Alabama, which we're going to get real familiar with. But the fact of the matter is, in the legislative scheme of things, the Auditor General -- Comptroller General, that function is a legislative function, and any individual member of that body should have the right to make certain requests for information and reports. Now, whether you want to characterize it as an investigations or audits or whatever, but the whole idea here that I think we all have recognize is that every member of this body is entitled to information, and that's sort of what we're talking about, and maybe we can make some distinctions between investigations and audits. One of the questions that I was going to say is that there is a difference between a GAO good audit and a tough audit. And while we would call it like technical assistance, there are audits done by GAO, there are audits that are done for the purpose of not "gotcha," but helping you. And I really think one of the things that the Committee could do is go back and break out a little bit more definition of how some audit practices work so that all audits are not just viewed as the word "audit," which is a "gotcha" audit, and there are -- I don't want to use the word technical assistance, but there are audits that are done consistently by the GAO and other governmental bodies that really provide assistance to organizations and entities and beings. Ms. Intriago: And you're correct. There are audits that are done for internal control -- audits of internal controls. And then there are management -- you call them "efficiency audits" and management advisory audits, and the current office does that. And this could get to be a very complicated discussion. I could have -- 29 February 27, 2003 Chairman Winton: Excuse me, Joy. Ms. Intriago: OK. Chairman Winton: In fact, I'm going to apologize to everybody, because I let this get off on a tangent that it shouldn't be on. This isn't -- this issue is not the issue that we're voting on right now. So, let's -- I think this is a discussion for another time. Ms. Intriago: And that's -- we put it off intentionally because -- to explain how risk assessment - - and that is the term that Victor uses to chose his audits. He follows a plan now and he assesses the risks of different departments and determines what he's going to audit. Chairman Winton: We understand. So, the issue on the table is the ordinance that the City Attorney read into the record. We have a motion and a second. Do we have any other discussion on this? Commissioner Sanchez: A motion and an amendment made by Teele. Chairman Winton: Yes. (INAUDIBLE) motion. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Regalado. Commissioner Regalado: I remember, vividly, the election in which that amendment was passed, and it wasn't because the people of Miami did not trust the elected officials. As a matter of fact, it was the other way around. It was because the people of Miami understood, after the crisis, that the elected officials were not given information that we needed to make decisions. That was the main issue. What I heard on the street what the discussions were about, it wasn't "you know, we don't trust these people, elected officials, politicians." No. The politicians and the elected officials did not have the information that they could not vote with information, and that pattern is what created the mess that we were back in '96 and '97. The second is -- and I was going to mention the same thing -- is that GAO has 435 persons (INAUDIBLE) in the House, and 100 in the Senate that can order, not only audit, but investigation. Recently, one congressman ordered an investigation of the airport and GAO had to do it. So, I don't see any problem in doing that. I see a problem in going back to the voters. You know, you decide -- Chairman Winton: Commissioner Regalado, we really don't want to get in -- as I said, that was - - that's a discussion we ought to have that's separate from this motion. So, I apologize for letting us get off on that track. Commissioner Regalado: No. I -- Chairman Winton: Come back to the principle. 30 February 27, 2003 Commissioner Regalado: I just want to say, Johnny, that I think -- you know, I'm -- I think that it's about time that we implement what the voters decided that we should have, because we just cannot wait one year more to do what the voters said that we have to do. So, you know, I'm -- Chairman Winton: Madam Clerk, call the roll, please. Ms. Thompson: Commission -- Mr. Vilarello: Is this on the motion offered — Chairman Winton: The amended motion. Mr. Vilarello: -- offered by Commissioner Teele? Chairman Winton: Yes, it is. On the amended motion. Yes, ma'am. Ms. Thompson: Roll call on the first reading of the ordinance, which has been modified -- Vice Chairman Teele: As amended. Ms. Thompson: As amended. (COMMENTS MADE DURING ROLL CALL) Commissioner Sanchez: Yes, on first reading. Commissioner Gonzalez: Yes, on first reading. Ms. Thompson: The ordinance has been adopted, as modified, on first reading. 31 February 27, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION DEPARTMENTS" BY REPEALING IN ITS ENTIRETY DIVISION 13, ENTITLED "DEPARTMENT OF INTERNAL AUDITS AND REVIEWS"; CONSISTING OF SECTIONS 2-526 THROUGH 2-532 AND SUBSTITUTING IN LIEU THEREOF A NEW DIVISION 13, ENTITLED "OFFICE OF INDEPENDENT AUDITOR GENERAL"; CONSISTING OF A NEW CODE SECTION 2-526 THROUGH 2-531; TO ESTABLISH THE RESPONSIBILITIES AND OPERATING PROCEDURES OF THE INDEPENDENT AUDITOR GENERAL; GRANTING THE CITY MANAGER THE AUTHORITY TO REQUEST THAT THE "IAG" TO PERFORM AUDITS AND TO PROVIDE FOR APPOINTMENTS AND QUALIFICATIONS, DUTIES AND POWERS, STAFFING AND SPECIAL ASSIGNMENTS RELATED TO THE "IAG"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Vice Chairman Teele, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Thank y'all very much. Vice Chairman Teele: Mr. Chairman. Ms. Intriago: May I take one minute and just point out -- Monica Fernandez is here also, and Ignacio Avelo -- Chairman Winton: Can't hear you. 32 February 27, 2003 Ms. Intriago: I'm sorry. Ignacio Avelo, who is appointed by Commissioner Gonzalez. Chairman Winton: Great. Ms. Intriago: And Monica Fernandez was appointed by Joe Sanchez. And, unfortunately, Angela Frederick was not able to be here today, but she was appointed by Commissioner Teele, and all of these people have -- and you heard from Mr. Berkowitz -- all of these people have participated greatly in this. Chairman Winton: Well, once again, we owe you all a sincere debt of gratitude. We really appreciate the hard work and fine work that you put into this effort. Vice Chairman Teele: Mr. Chairman. Chairman Winton: And as you can see now, it is not going -- it is not work done for naught. We're moving on this. So, thank you. Yes, sir. Vice Chairman Teele: Mr. Chairman, I would move that the Committee be requested, with the Manager's support, staff's support, to hold one public hearing prior to March the -- prior to the second reading. I would so move. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. Motion carries. The following motion was introduced by Vice Chairman Teele, who moved its adoption: MOTION NO. 03-195 A MOTION INSTRUCTING THE AUDIT ADVISORY COMMITTEE TO HOLD A PUBLIC HEARING BEFORE THE ORDINANCE IS CONSIDERED ON SECOND READING AT THE NEXT COMMISSION MEETING CURRENTLY SCHEDULED FOR MARCH 27, 2003; FURTHER DIRECTING THE CITY MANAGER TO PROVIDE SUPPORT STAFF AT SAID HEARING. 33 February 27, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: Thank you so much. Chairman Winton: Thank you again. Commissioner Sanchez: And, also, can we schedule with my office to have a meeting, please. Chairman Winton: I'm sorry? Commissioner Sanchez: No. Chairman Winton: I'm sorry? Commissioner Sanchez: We could schedule to have a meeting in my office, make a -- Chairman Winton: We have another time -- Commissioner Sanchez: Thank you, Monica. 6. ADOPT PLANNING CALENDAR FOR TWENTY-NINTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. (See #22 and 62). Chairman Winton: We have another time certain Item, which is the 10 a.m. Item. Resolution adopting the planning calendar for the 29 year community development block ramps. Barbara. Barbara Gomez -Rodriguez (Director, Department of Community Development): This item only does the following: It's number one, gives you the planning calendar for the 29 year CDBG planning calendar. There's two very important key dates; one is the deadline to submit our action plan to HUD (House and Urban Development), which is August 15, which is forty-five days prior to our funding year of October 1. The other day that we have to be very conscious about is that we need thirty days of comment period prior to that date, which will make it July 15. What we're looking for you today is two things: One is, in the last two years, you have decided that you would like to have a community development special commission to entertain the funding recommendation, that date must be before July 15, so that's number one, if you're 34 February 27, 2003 going to have a special one, or if you're going to have the one in July 10 -- so that's the decision that we need to make from you. The other date that I want to make sure that we work with you is, we're looking for March 12 to March 20 for each Commissioner to have their public hearing , and that's one that you need to schedule with the City Clerk -- we want to make sure that you don't have -- two commissioners don't have that public hearing the same day because some of the agencies have said that they really want to make sure that they have one. All of the other dates are kind of flexible, so basically, I'm looking for the date CDBG funding will be made. Vice Chairman Teele: OK. Chairman Winton: Come in. Mr. Teele. Vice Chairman Teele: Well, I'd like to just clarify two points: number one, it's mandatory by Federal Law that there be at least one public hearing per district. Ms. Gomez -Rodriguez: Correct. That's part of our participation plan. Vice Chairman Teele: All right. So, the confusion that has occurred in the past has been, two Commissioners holding the hearing on the same date, and therefore, staff cannot clone themselves and split themselves, and so I think we really need to try to come back and close this out before the end of the meeting today with every Commissioner coming in before adjournment today with one date of their primary meeting. Ms. Gomez -Rodriguez: Correct. Vice Chairman Teele: Preferably a date in place of the primary meeting. Because I think that if you leave it open like that and we go away, we won't meet again until the 27th or the 26th of March, and we'll already be into a crisis. Ms. Gomez -Rodriguez: Correct. Vice Chairman Teele: So we need to confirm this today before we leave, Mr. Chairman. The date of everybody's primary date, and then you can have more than one hearing, I know Johnny, you know, for example, your district -- you have three separate worlds of parts districts. Then, the secondary meetings may or may not have full staff there, Mr. Manager, if we get your OK on that. Obviously, we'd like to have representatives of all the departments, Public Works, CIP (Civilian Investigative Panel), Planning, you know, Police, Building and Zoning, et cetera, but at the primary meetings, we really need to try to have principals there, because at one meeting, I think there was a lot of criticism that somebody came to one Commissioner's meeting, but they didn't go to another Commissioner's meeting, that kind of thing, so I would ask Mr. Chairman, respectfully, that we would all submit, by 3 o'clock, and then that will start the process. This needs to be noticed -- Ms. Gomez -Rodriguez: Correct. Vice Chairman Teele: -- and it needs to be a part of a record. OK? 35 February 27, 2003 Chairman Winton: OK. We will do that. Vice Chairman Teele: The second point is the date that the proposals are available. Why are the proposals --? Ms. Gomez -Rodriguez: We will be coming to funding decisions to the City Commission, March 27 -- Vice Chairman Teele: OK. Ms. Gomez -Rodriguez: -- and that's three days after. Basically, we'll put out the RFP. One of the things that we've done, and Commissioner Teele, you've been very vocal about this, is that we are having workshops, and I have been in contact with your offices to set up, you know, what type of workshop in your district would you like. Last year there was a lot of complaints that agencies did not know how to do proposals, so we will be having a workshop to let them know what are the highlights of the proposals and any questions that they might have, so that will take place from March 31 thru April 25, and we'll let each Commissioner's office know what we're doing. Vice Chairman Teele: All right. The thing that I want to make sure that we do, particularly, in the area of Community Development, I'm sorry, Public Service, and Economic Development, is that we have policies that are neighborhood driven. In other words, one of the challenges and a classic example is, I have discouraged feeding, elderly feeding programs in my district -- Ms. Gomez -Rodriguez: That's correct. Vice Chairman Teele: -- in the public service area, I've done that intentionally. Other Commissioners may want to have those programs. I don't have it -- but what I'm saying is, the policy can't be that everybody's got to have -- Ms. Gomez -Rodriguez: That's correct. Vice Chairman Teele: -- elderly, so I really would like to make sure that we have neighborhood specific policies, because we do make some mark in allocations of dollars based upon the federal formula. Is that correct? Ms. Gomez -Rodriguez: That's how we did it last year, and that's how it's coming back. I had an opportunity to meet with each of you, and I understood that a lot of you had similar and different requirements of what you want to see in that proposal, and the proposal is very driven -- district necessities. Vice Chairman Teele: Well, let me just cut to the chase here: When are you going to give us --? Because I think the time to deal with the formula is now, not when you have money on the table. Because the formula should be based upon percentages, not dollars. 36 February 27, 2003 Ms. Gomez -Rodriguez: The -- Vice Chairman Teele: Not real dollars. Not actual dollars, because you lose your focus -- Ms. Gomez -Rodriguez: --the -- Vice Chairman Teele: -- when there's money on the table. Ms. Gomez -Rodriguez: The policy that will be coming to you is March 27. There are recommendations right now that are being developed -- is based on a percentage of whatever the district produced. Within that percentage, which is exactly what you're saying, there will be priorities of what we -- the type of proposals we're going to read for that district, so yes, it is formula driven. Vice Chairman Teele: Can we get a statistical break-out now, of what the communities representatives, I mean, is that available now? Ms. Gomez -Rodriguez: I can have it for you this afternoon when we get back with the dates of the meeting. Vice Chairman Teele: I mean, not for me, everybody. Ms. Gomez -Rodriguez: And tell you exactly what each district will be entitled in percentage. Vice Chairman Teele: Thank you, Mr. Chairman. Chairman Winton: This was advertised as a public hearing -- Commissioner Gonzalez: Public hearing. Chairman Winton: I'm sorry? Commissioner Gonzalez: Public hearing. Commissioner Sanchez: Public hearing. Chairman Winton: I think that's what I was saying. May I finish? Thank you. This advertises a public hearing, so the public is welcome to comment. Yes, sir. Mariano Cruz: Mariano Cruz, 1227 Northwest 36th Street. Public hearing, at least it was well advertised because I read about it in the Miami Herald, El Nuevo Herald, and the Miami Times. Thank you, City Clerk, for properly advertising it. Because sometimes before the -- I couldn't find the ad, but one thing in community development, first, I want to know -- there was a lot of problems last year, before. You got the workforce development program, then we missed the cap; twenty-five percent that was supposed to go because it went late, to go to Congress on that, and that's very important, because administration gets twenty percent, and you know how, but 37 February 27, 2003 they always spend twenty percent in administration. We could use some of the money -- I know why, you know why too? Now, since we don't have a community development advisory board, by target areas, like it was-- supposed before. Now, we get that district and administration decides a lot, and you know what they do in administration too? They have a lot of non-exempt positions, civil, I mean, non -civil service positions there, and the people there are working, they worry about the job, because they can be fired. They serve the place of the director, and it's happened before, and will happen again. Either we need more civil service people that are conscientious workers in the City to be working to deal with the people. Like now, we see a housing -- for example, how much went to affordable homeownership? Like Mel Martinez, went now, affordable homeownership for HUD, and that was what he took, when he swore in as a secretary of HUD, he say affordable homeownership, and now, you go around there, and we're surrounded now by affordable rental housing there. You know why? Because to rent the house is good for the developers. That's credit and all the blah, blah, blah. Homeownership, that's what we need there, and I dare that department there to work together with the CEO's (Chief Executive Officer) in the City, and everybody, to build affordable homeownership, because that would stabilize the neighborhood, and you want Miami to keep being the poorest city, the poorest city, just keep on building all that affordable rental, that we'll building in Allapattah. Thank you. Chairman Winton: Anyone else would like to comment? Yes, sir. Luis Sabines, Jr.: Luis Sabines, Jr., from Small Business Opportunity Center, Juan Carlos (UNINTELLIGIBLE) from Small Business Opportunity Center. 1800 Southwest 1st Street, suite 202 and 203. Commissioners, I'm here today to kind of support Barbara in the issue that we have on December 9 and 10, we went to a workshop with HUD Officials that were sent from Washington -- the book says, "Training for Session for Local Miami -Dade Elective Officials and Senior Staff." I remem -- recall Barbara did testify the first thing a gentleman asked was who there was an elective official. None of you were there. I don't know why, Mr. City Manager wasn't there at the time. I'm here to discuss a problem that we're going to have next year. As you all know, especially Commissioner Regalado and Commissioner Sanchez, we run a very successful facade program in the City of Miami, doing it for the last eight years. We've helped thousands of businesses and then last year we went, we completed 200 facades and this year we already have 102, and basically, what I'm trying to tell you is that this is not what HUD wants. HUD doesn't care how many facades we do; they want us to create jobs for the City. We have issues about handicap accessibility to businesses that receive federal grants. Being a handicap accessible is a federal law. I brought you the black book. If you want, you can give it to the City Manager, so he can read it. I brought you, I think, it's Act 36 of the Americans with Disabilities Act. Being handicap accessible is a federal requirement, and if you don't meet federal requirements, we can't give you federal grants. Now, we can make these businesses handicap accessible through our Code and Compliance program or through the CIP. That's up to you to decide. I just want you to know that the people from HUD are really pressuring the new director that we have, which I really think that this the time with a new director like Barbara, which is capable of taking this into our hands and changing it, and maybe with the City Manager, we need to restructure this program a little bit. It's a great thing, we'll helping the business owners, we're doing a wonderful job, the people in Commissioner's Gonzalez's district do a great job, but for us to give these people these grants, HUD want something in return. We need to commit these 38 February 27, 2003 business owners to hire people of low -moderate income that live in the City of Miami, if they want a federal grant. If not, we can't help them, and Barbara was there, she can testify from saying anything that is not true. I'm willing to work with Community Development, the City Manager, if they need me to go to your office, I'll be more than glad and go thoroughly into this. I kind of made an outline package for each commissioner, and I think you guys should take a little time and read; maybe we should restructure this whole program, so we need to create jobs. This is the poorest city that we have in the United States, and our unemployment is very high. We need to create jobs for HUD. That's what they want or else, we're going to be in trouble. They're going to want this money back. Chairman Winton: Thank you. Mr. Sabines: OK? Chairman Winton: Any other -- ? Vice Chairman Teele: Mr. Chairman, would you allow the gentleman -- Chairman Winton: I'm sorry. Vice Chairman Teele: --to just say his title again, please? Chairman Winton: Mr. Sabines? Mr. Sabines: Yes, sir. Chairman Winton: What you asked, Commissioner Teele for him to --? Vice Chairman Teele: I'd just like for you to give us your title and your address and phone number. Mr. Sabines: OK. My name is Luis Sabines, Jr. I am the Director along with Juan (UNINTELLIGIBLE) of the Small Business Opportunity Center. We're located in 1800 Southwest 1 Street, Miami, Florida, suite 202, 203. Chairman Winton: Thank you. Vice Chairman Teele: That's a, that is a locally funded agency. Is that right? Mr. Sabines: Yes, we do receive money from Community Development. Like I said, we've been the most successful program in the last five years. We're doing a great job, but this is not what is all about. Vice Chairman Teele: I'd like to get on your schedule to meet with you. Mr. Sabines: No problem. 39 February 27, 2003 Vice Chairman Teele: Thank you. Mr. Sabines: In fact, if you weren't, I'd be more than glad to leave you the book. Vice Chairman Teele: I'd like that very much. Mr. Sabines: Sure, (UNINTELLIGIBLE). Vice Chairman Teele: I'll make a copy of it and get it back to you today. Chairman Winton: Anyone else from the public would like to speak on this Item? Being none, we'll close the public hearing. Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, let me take this opportunity to commend the Small Business Opportunity Center, for showing the initiative to address these concerns. We know that for many years, HUD has not been too thrilled about how we have conducted some things here in the City. When an agency such as Small Business Opportunity Center, Mr. Sabines, Jr., comes here and says, "Hey, these are the problems." We need to take the leadership to correct them to fall in compliance with HUD. I mean, that's something that I commend your business work. Mr. Sabines: Thank you. Commissioner Sanchez: Let me just say that when you talked about the ADA, Americans Disability Act, we are faced now with a situation in this City where we have people that can't utilize our sidewalks to get from point A to point B. We just had a community clean-up from 17 Avenue and 8th Street to 22nd and there are certain sidewalks where anyone in a wheelchair has no way of getting through, except going through the streets; and once that happens, if someone is hit by a car, guess who they're going to sue? This City, so in all these funds that we have for Capital Improvement, I think it's paramount that this City focuses on trying to do everything it can to follow with compliance. Once we do that, then we can get federal assistance from the federal government. As of now, I don't think we'll get federal assistance because we don't comply, but once again, let me just state something that I've said here and I'm sure that, Barbara, you are tired of hearing it. We must make sure that we comply with HUD, because HUD will give -- it's like fishing, they hook you and they give you line, line, line, but when they've had enough, they pull you in, so I want to make sure that we do everything we can to comply with our regulations on all aspects of the City of Miami because we don't want to fall in a situation we were in not too long ago. Mr. Sabines: Thank you. Commissioner Sanchez: Commissioner -- Chairman Winton: Any other comments -- we've closed the public hearing. I want to move on with this issue. Any comments from Commissioners -- yes, sir, Commissioner Regalado. 40 February 27, 2003 Commissioner Regalado: Thank you. I just want to say too that in the past, we had limited those facades to Allapattah, to Little Havana, and the Overtown area. Then the commission helped us in -- extending those facades. As of now, we've been able to help more than seventy business in the 8 Street corridor, and we have around five hundred small business in the Flagler, in District 4 only, in the Flagler, they -- 8 Street and Coral Way corridor, would one, as of now, no one that has been approached, have rejected the facade program, but if they have to comply with the ADA requirements, we will need more money, and that is something that we need to address when we have these workshops, so Barbara, I urge you to think about this because we cannot place the burden of ADA compliance on the businesses because then, what they do is, they're going to reject everything; the facade, and then, "OK, let's leave it like that." And that is wrong because what we want is a City that shines and those facades are being something that has been helping the people and the business community, so I would really ask you to do that. The other thing is that I am really concerned and I have talked to you several times, about this situation with the federal government and the Section 8 funding, you know, there's going to be domino effect in the City of Miami if those contracts are canceled. You know, we have to think about this and I know that, Barbara, you're working on a detailed list of buildings, but I'm -- but I think from what I keep hearing from the people that we are facing probably a major crisis here in the City of Miami, in terms of Section 8 loans. And the other thing, the last thing, and this is, Angel, Mr. -- I know that you are top of this situation, but I had as a guest, in the T.V. program, Mr. Cordial (PHONETIC) from Claude Pepper Towers, and they do not have the dining room open yet, and the City, I understand has the contract and we haven't done anything with the contract, and there are people who cannot eat at all, because they don't have the possibility of going out and having dinner or buying food outside, so, those -- Ms. Gomez -Rodriguez: It will be handled. Commissioner Regalado: --those three issues. Thank you. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Barbara, is it, is the facade program an eligible activity of U.S. HUD? Ms. Gomez -Rodriguez: It is, however, what HUD's concern was at the date of that meeting was, that we are not to be given out dollars without getting something in return; and the issue that was brought up was when you do a facade, there's no restriction, and their concern is that there should be a restriction, number one, that this -- will the business stay in the City of Miami for "x" years, would-- and if they don't, they need to pay back. They also requested that if they produce jobs, and it doesn't mean that you're just produce jobs the next day, well, the next job that they are available, they should be given to the City residents. The CDBG dollars are produced by those residents, and they feel that the tent, that we should, as policy decision - makers, should be making, is forcing the people that are benefit from the money that those residents are producing, give them back jobs, so there was a very big movement. They're not thrilled about the facade program. They did express it. The CBOs (Community Based Organizations) were there. Unfortunately, that was a meeting that was supposed to be for the 41 February 27, 2003 elective officials, and there was, say, a problem with communication. We are trying to have them back, so that the word does get out more to the agencies of what's needed, but they did have concern about the facade; it is not that they're being disallowed right now. The facade cannot run the same way it has in the past; as you have gotten complaints, the environmental issues have stopped a lot of improvement in the facade; it's a slower process. We're not going to be able to afford 300 facades. Now, we can't forget next year, we have 21 percent less money, so you -- Vice Chairman Teele: Say that again. Ms. Gomez -Rodriguez: Next year, just to give you some numbers, this year you have $12,856,000 of Community Development. Next year you'll have $10,140,000 as a 21 percent reduction, just in CDBG. In HOME (Home Investment Partnership Program), you have 11 percent reduction. HOPWA (Housing Opportunities for Persons with AIDS) is being entertained even another 20 percent of reduction, so it's, you know, not only going to be a challenge to change to programs, but it's a challenge because the money will not be there, so yes, facade will be changed. I have scheduled meetings with all agencies, because one of the things I don't want them to do here, for them to come on the 27th and say I'm not prepared. We are having meetings with all agencies that are presently being funded from Jul -- from March 10 to the 14, and letting them know that regardless if they get funding, there is a reduction in funding. We cannot fund them at the level that they're being funded right now. Commissioner Gonzalez: OK. From my perspective. OK, when I went to work in Allapattah in 1990, nobody wanted to invest a penny in Allapattah; and I don't care what anybody says, I don't care what the federal government says, I don't care what anybody says here, the facade was a big contribution to change the image of that neighborhood and start attracting businesses. Ms. Gomez -Rodriguez: It does. Commissioner Gonzalez: Now, when you provide technical assistance, which is another eligible activity of U.S. HUD, when you provide technical assistance, you're supposed to get your credit according to the amount of jobs that you provide to the community. And I don't know if you're familiar with technical assistance; also, in the issue of the disability act, the City of Miami for probably four or five years, because I did some of those, I implemented some of those programs when I worked, was the director of Allapattah Business Development. We have had the code compliance program with the City of Miami, where you were allowed to give to the merchant $7,000 as a grant, and the merchant was supposed to contribute with 30 -- with $3,000 in order to remedy handicap bathrooms, handicap ramps, and so on, and so on, and so on. When you do facades, you provide jobs, because the painters -- the paint doesn't stick to the wall just by the miracle of the holly spirit, so the people that sell paint, they are workers. The people that paint, they also work. I don't see how you can --how can you create a job with a facade. I don't see it. I mean, I would need one of these U.S. HUD experts to tell me how to do that. When we had -- Ms. Gomez -Rodriguez: And they're not saying it -- 42 February 27, 2003 Commissioner Gonzalez: Excuse me. When we had Miami Capital lending money to the merchants of the entire City of Miami, and it wasn't in Allapattah, it was entire City of Miami was taken the benefit of Miami Capital, OK? Every loan that was given out, was supposed to be supported by "x" amount of jobs. I don't know if that was ever followed. I believe CAMACOL (Latin Chamber of Commerce) is the agency that took over now the portion of Miami Capital. I don't know how many jobs they're creating with the loans that they're giving out. OK? But I know that back then, a lot of jobs were created because of the loans that we -- that the City, because I wasn't, I wasn't here then, that the City provided to these new businesses. All right? Facade, technical assistance, Code Compliance, are motives to attract new businesses into the neighborhood, because when you have a person that is looking for an empty space to establish a business and you offer them that you can provide more of this assistance, you are able to attract business, and we did a lot of business attraction and we did a lot of job creation and job retentions in Allapattah, and you know that. Because you've been in Community Development for a long time, and you were my monitor, OK? At the time, so you know, eventually, the time -- I don't want to take the whole morning in this, in this issue, but eventually we're going to need to have a long, long, long discussion because as Commissioner Teele says, what may not be good to his district, it may be fabulous to my district, and it may not be maybe half -way good to Commissioner Winton's district. Because we don't all share the same problems, and the same issues, so you know, in fact, we're going to need to have a real, real, real long discussion in regards to this program. Thank you. Vice Chairman Teele: You're welcome. Chairman Winton: Anyone else? Do we need a --? Ms. Gomez -Rodriguez: We need a date of Commission meeting that funding recommendations will be made, and that must be prior to July 15. Chairman Winton: Prior to what? Ms. Gomez -Rodriguez: July 15. Commissioner Sanchez: Probably the second, the second meeting (UNINTELLIGIBLE). Ms. Gomez -Rodriguez: In the past, you wanted a special Commission meeting dealing with Community Development since you know that there will be a lot of public speakers, so that will up to you. Commissioner Sanchez: And I think that's appropriate. We're going to have a meeting (UNINTELLIGIBLE) special meeting, where they have plenty of time to come and participate in the process. It's got to be a special (UNINTELLIGIBLE). Chairman Winton: Well, I don't have my calendar with me, so -- Vice Chairman Teele: -- but the Clerk's got a calendar out on the -- 43 February 27, 2003 Chairman Winton: -- yeah, but I don't have one to look and see when I'm available, so I've got to get it out of my car, so, Barbara, we can, you know, we will make that decision today. Ms. Gomez -Rodriguez: OK. Chairman Winton: What other actions you need for us to take on this? Ms. Gomez -Rodriguez: That's the key date right now that I'm looking for. Commissioner Sanchez: There's no action, just the date. Chairman Winton: OK, fine. Well, I'll get my calendar and then I'll bring this back here. Vice Chairman Teele: Let me tell you what I would recommend for -- Chairman Winton: I don't, but Commissioner, I don't have my calendar with me, so I've got to get it and then -- so I'll bring this issue back as soon as I get my calendar. Ms. Gomez -Rodriguez: OK. Commissioner Regalado: But regardless of the date, whatever date, I'm OK with it, but regardless of the date, it's important that we have one special meeting only, only for that, because there are many changes, there's a shortfall, there are many issues and you know, we should spend the whole day on that because it's very important, because then we're going to have all the complaints and all the problems. Vice Chairman Teele: Mr. Chairman, may I inquire and I request of the Manager, where are on the so called housing summit that we ordered a year ago that was supposed to happen in December? Ms. Gomez -Rodriguez: It did not happen, Commissioner, Commissioner Winton's office were taken already the lead to start that again. He has assigned Patrick Range to start it, so we are working back on that Housing Summit. We have been working with the agencies that would be impacted, so we have been working with that end, but the housing summit did not happen. Vice Chairman Teele: What about the organizations, LISC (Local Initiative Support Corporation) and those organizations that we asked, are they out of this now? Ms. Gomez -Rodriguez: No, they're not. The LISC is coming in, we have invited them, as we have invited also -- Vice Chairman Teele: Well, I would like to get a report in writing from those organizations that Commissioner Regalado, because this was his initiative, that we designated one or two organizations to take the lead on this, because what I'm hearing, is it, is it -- we're going to have the usual fight that's going to go on for four, five hours just over the housing issue, and the reason we call for a summit is we said we didn't want to have that problem this coming year, and 44 February 27, 2003 it sounds to me like we're flying right into the bulls -eye of that discussion issue, so we may need two days, `cause the housing just may take one day. Ms. Gomez -Rodriguez: Yeah. Vice Chairman Teele: I'm saying that sarcastically, I hope. Mr. Manager, one of the observations, and I don't know if Linda Haskins, Ms. Haskins is here today. Is she here? One of the observations that I -- Chairman Winton: She's having a cigarette break. Vice Chairman Teele: -- would like for you to take under the consideration is this: Community Development has been organized traditionally along functional lives and that has a lot of strengths, and I'm not one to start bashing everything and everybody because -- I'll leave that my colleague. The fact to the matter is this: there are a lot of good people in Community Development, and Community Development needs to be positively supported in my opinion, and I think there's too much bashing of Community Development that's going on and going on. There's some problems. I've certainly have had strong criticisms, I can tell you right now, I am deeply concerned that the program that we head, the horror stories about the housing, the $40,000, what is it? The housing -- Ms. Gomez -Rodriguez: The single family rehab program. Vice Chairman Teele: The single family rehab program was a disaster and Mr. Manager, it has not been corrected. Unidentified Speaker: Right. Vice Chairman Teele: It has not been corrected, and I could use a lot of language to -- dah, dah, dah, dah, but again, I mean, I don't think that serves any purpose, unless you're trying to get your name in the press. The fact to the matter is, Community Development needs to be supported and they need positively supported, in my opinion. There are a lot of good people that are still around here, and we don't need to just keep pushing people out the door because there's a lot knowledge that we need to re-engineer, in some cases, I'm appealing to you and Ms. Haskins to do one -- consider one thing: every district, every neighborhood, but district -wide, should have a Community Development Specialist or in the military we call it desk officer, or a point of contact, but that person takes everything, whether be housing, whether be infrastructure, whether be capital, whether public service, because what happens in these meetings? Is that people come to the meetings, but it's not their job, we find out a year later, nine months later, that the information was never passed on to the proper functional area, and I'm not recommending to do away with functional areas or anything like that. What I'm recommending is that every NET (Neighborhood Enhancement Team) office and every Commissioner, and every neighborhood know that there is one community, a mini Barbara Rodriguez, is what I'm saying, so that there is a single point of contact, so information can flow a lot better, because I'm telling you, if you don't call the right person in the right office at the right time, you know, is not my job, it's a response that everybody's got, so I'm appealing to you, Mr. Manager, to look 45 February 27, 2003 positively at the Community Development, in terms or creating greater coordination as a result of the public hearing meetings and the input from the various NET offices, et cetera. Community Development is really on the most important functions that NET plays with, in fact, most of the money that NET has to clean up vacant lots are cars, or whatever, is Community Development, yet, the NET process is never been integrated, in my opinion, with the Community Development process, so I wanted to make that appeal jointly to three of you, Ms. Haskins, that's the Assistant Manager, Ms. Rodriguez, and you, Mr. Manager, I'm not bashing, I'm not trashing, I think, you know, we ought to try to work with the Department and I'll, you'll have my full support. Chairman Winton: I have my calendar now, so two things. One, we can set the date that Barbara has asked for, and I want to make an announcement, there's a black Cadillac escalade, license plate number 415FVF, parked out front illegally, it's going to get towed, if don't move it. I'm just wondering, there seems to be a person leaving at the moment. OK, dates, what month would you all like to consider for this, for the special meeting for CDBG? Vice Chairman Teele: Aren't you recommending June or July? Ms. Gomez -Rodriguez: The last day that we can have it July 15, from there you work yourself back, whatever -- Chairman Winton: So we have to do in June, so don't -- Commissioner Sanchez: First week of July I will not be in town, so -- Vice Chairman Teele: First week of July, you got July 4th, that week. Ms. Gomez -Rodriguez: Right. Vice Chairman Teele: That's going to be a bad week. Chairman Winton: Yeah, I think we ought to pick a date in June -- Vice Chairman Teele: You got a CRA (Community Redevelopment Agency) Board meeting on June 30th, why don't you just do it June 30th? Chairman Winton: I'm sorry? What date? Vice Chairman Teele: How about June 30, 1 o'clock, we'll go straight through? Chairman Winton: June 30. Vice Chairman Teele: I said, why not June 30? You can do it -- start at 1 o'clock or 1:30, and go straight through. Chairman Winton: Mr. Regalado? 46 February 27, 2003 Commissioner Sanchez: I will not be in town. Chairman Winton: Commissioner Regalado, what time can you be available? Commissioner Regalado: 1:30. Chairman Winton: 1:30? OK, so you guys want to set 1:30 -- Commissioner Sanchez: What date? Chairman Winton: --Monday -- Vice Chairman Teele: No, one person is not available. Chairman Winton: Oh, you're not here? Commissioner Sanchez: I will be out of town June the 28th. Chairman Winton: Oh, OK. When? Commissioner Sanchez: The 28th. Chairman Winton: The 28th? So do you want to look at the week of the 23rd of June? Week of 23rd? Commissioner Sanchez: Yeah. Chairman Winton: Pick a date. You want to do it on Monday -- Vice Chairman Teele: Tuesday, June 24? Chairman Winton: Tuesday, June 24, 1:30? Commissioner Sanchez: 1:30 is fine. Commissioner Regalado: Fine by me. Chairman Winton: Commissioner Gonzalez. Commissioner Sanchez: Are you available June 24? Chairman Winton: 1:30, June 24? Tuesday? Tuesday afternoon, June 24? For a special meeting on Community Development? 47 February 27, 2003 Chairman Winton: OK, so date set. Tuesday, June 24, 1:30 p.m. Location to be determined. Maybe by then we'll be back in the City Hall. Commissioner Sanchez: Barbara, we realize that there's going to be reductions, I just hope that their reductions are across the board. Ms. Gomez -Rodriguez: It will. Commissioner Sanchez: Thank you. Ms. Gomez -Rodriguez: And I will come back at 3:00 with the percentage, as Commissioner Teele requested. Commissioner Sanchez: Thank you. Chairman Winton: OK, that takes care of the morning time certain items and we can go to our -- we have a resolution? ?: Yeah, there's a resolution. Chairman Winton: Oh, OK. I guess we need -- do we need a motion? So this a resolution, we need a motion on adopting the calendar. I have a motion. Vice Chairman Teele: Second. Chairman Winton: Second. Discussion, being none, all in favor, "aye." Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-196 A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING THE PLANNING CALENDAR FOR THE TWENTY-NINTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. 48 February 27, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 7. APPOINT GUY FORCHION AS INTERIM EXECUTIVE DIRECTOR FOR VIRGINIA KEY BEACH PARK TRUST. Chairman Winton: If you all don't mind, usually I take my blue sheet items last but we have people in the audience who have been here for a while, and this is on the interim, on the appointment of the interim executive director for Virginia Key Beach Park Trust, so who from the board is going to come up and -- Good morning. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would like to confirm the nomination of the counsel, of the Virginia Key Committee. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Do we have any further discussion? Being none, all in favor -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: It would be appropriate if we could just hear from the nominee. Chairman Winton: I'm sorry, I didn't hear you. Commissioner Sanchez: If we could hear from the nominee. Guy Forchion: Good morning, Mr. Chairman, good morning, Commissioners. My name is Guy Furchion, I reside at 160 Northwest 101 Street, Miami Shores, Florida. I do have some of my Board members here, and it's a pleasure to stand here of you now. My Chairperson, Ms. Athalie 49 February 27, 2003 Range, Vice Chair Gene Teeney, also, Maud Newbold is in the audience, Eugenia Thomas, Edna Pinkney, and also Robert Weintraub, a friend of the Trust, and I also want to recognize other members, those who were too busy right now, to be able to come out. Now, in support of Mark Walters, Miguel Germain, and Dick Townsend, I also want to recognize the staff that we do have. I'm in a process now doing some discovery work with the Trust, organizing some different assessments and really getting a number of things on track and the staff that has been there has been cooperative, I do want to let all know that it is a staff that's very dedicated to the project, and that is moving the Virginia Key Beach forward, and I want to compliment them for their cooperation with me and one member of the staff is here in the audience and I've got to recognize Joyce Bower. If you'd stand please, Joyce. She's been essential so far working very closely with me. Our project coordinator, David Shorter also is been fantastic and has kept his eye strictly on the project, so I think we're in very good shape to move forward. Thank you, board members for your vote of confidence for me thus far, and I hope, Commissioners, I can also have your appointment. Thank you. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would ask the Manager -- if you would please make sure that the staff, particularly, Victor Monzon, makes it his business, if he's available, to work closely with Mr. Forchion, there are some commitments that have been made and timelines and I'd like to just make sure, particularly, as it relates to the sewer where the City advance dollars, and we get that moving, we would assure that it would be expended before September 30. I'm not sure we can do that, but I think it's really important that we give them the support they need, Mr. Forchion as he comes in the building. Mr. Arriola: As a matter of fact, I had a meeting with him a couple of days ago, and he will not only get Victor's support; he knows how important this is to me. I'm going to work closely with him on it. Vice Chairman Teele: Thank you, Mr. Chairman. Thank you, Mr. Forchion. We look forward to working closely with you. Mr. Forchion: Thank you. I look forward to working with all of you and your staff. Thank you. Chairman Winton: OK, and we have not voted, so any further discussion? All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 50 February 27, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 03-724 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE VIRGINIA KEY BEACH PARK TRUST'S APPOINTMENT OF GUY FORCHION AS THE INTERIM EXECUTIVE DIRECTOR OF THE TRUST, UNDER THE TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON BY THE TRUST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Congratulations. Thank you. Welcome and go make stuff happen. Mr. Arriola: That's exactly what I was going to tell him; go get something done. Chairman Winton: I'm sorry? Vice Chairman Teele: Don't we have some other confirmations? Chairman Winton: Well there's some other personal appearances and I would like to -- in the blue sheet items and if you all don't mind, I know everybody has some things, but I would like to hit the blue sheet items where we have somebody from the public who wants give us a presentation which might mean we bounce around a bit, so Commissioner Regalado, are any of your blue sheet items have personal appearance? Vice Chairman Teele: I think Mr. Tinney wants to be heard. Chairman Winton: Oh, I'm sorry. Gene Tinney: Yes, Sir Mr. Commissioner Winton. I don't know if you're earlier motion, Commissioner Teele covered this already, but three of our members are at large and I think that they have to be approved by the Commission to be reinstated and in their terms I think they are -- 51 February 27, 2003 Chairman Winton: Re -appointed? Mr. Tinney: Re -appointed. I think that was already done? Chairman Winton: It's probably a separate agenda item. Gene, it's scheduled for next meeting. Mr. Tinney: Oh, OK and Mrs. Range wanted me to make sure that I shared with you that through Congresswoman Meek, another $500,000.00 of federal funds -- Chairman Winton: All right. Mr. Tinney: -- have been brought forward for -- for Virginia Key Beach. OK. Thank you very much. Chairman Winton: Thank you very much. OK. I'm sorry, Commissioner Regalado. 8. DIRECT MANAGER TO ENTER INTO AGREEMENT WITH FRANZ BOETES TO ESTABLISH MARITIME MUSEUM AT BICENTENNIAL PARK. Commissioner Regalado: Mr. Chairman, I only have a personal appearance but that -- all is on a time certain around 3 o'clock, we checked with you office -- Chairman Winton: OK. Commissioner Regalado: -- that we were OK on that. Chairman Winton: So we might get to your blue sheet items yet, but I'd like to do the -- any -- anybody else got a personal appearance? Commissioner Sanchez, do you? Commissioner Sanchez: Yes, I have one that I know some Commissioners would like to comment on. I would like to have Commissioner Regalado here, I know he leaves at 11:45 to get to his work, but it's my number one -- it's my A Item under the discussion of my district -- well it's my discussion item for my district and it's Item A, concerning the future of the city mounted police department. Chairman Winton: OK, but -- but you don't have anybody here from the public here for that item? Commissioner Sanchez: No. Chairman Winton: OK, so I would like to -- we'll get to all these blue sheet items when all of us are here. But I want to --I just --the people, I also have another presentation from a volunteer in the community that I want all of you to hear on my blue sheet, so Commissioner Gonzalez, do you have? OK, Commissioner Teele, do you have anybody on your blue sheet? You have a public appearance on any of your blue sheet items? OK, if you all don't mind then can I go to 52 February 27, 2003 my -- another blue sheet item? I would like to bring Frans Boetes to the podium. Is he still here? There he is. Frans, if you don't mind, would you not only put your name and address on the record, but would you give my colleagues up here just a brief outline of your history and background before you get into the presentation that you want the Commission to hear? Frans Boetes: Thank you, Mr. Chairman. Commissioners, City Manager, ladies and gentlemen. My name is Frans Boetes, it's very difficult to pronounce. Maybe we should change it after a while. I'm here to, I'm the representative of the -- Chairman Winton: Frans, I need your address on the record, please. Mr. Boetes: Address, yes. Excuse me, 5701 Maggiore Street, Coral Gables, Florida 33146. Chairman Winton: Thank you. Mr. Boetes: I'm the Founder and Chairman of the Miami Dade Historical Maritime Museum. I have some colleagues of mine over here who represent also in that organization. It's a non -for- profit organization and I have here Don Pool who is the Director of Development of this museum, the Master Chief, Broady who's there who is very much involved in recruiting and educate students. I have Ed Bandis here and he is the Chairman of the Military Affairs Counsel of the Greater Miami Chamber and I have Scott Dudley who is a former commander in the Navy and is a board member of our organization and somewhere is also Hilda Andrews and she's the person of the Navy League in Miami Council. I have to take this microphone and go over to the presentation if you don't mind? It is our intention to start a maritime museum. Our maritime museum consists of ships which represent the Coast Guard which have their busiest district in the entire world over here, it's District 7 and the Navy who plays such a significant role in the first World War, second World War and after and the Cuban missile crisis. I have told you this is a non -for-profit organization. What we'd like to do is we'd like to respect Miami's role defending the nation. What we'd like to do is use the ships we are going to bring in, not only as a floating museum but as a platform for training young people, outcast people. We will train 24 people a year. We pay them and we call it the inner-city youth training program. It's called My City. These people will be ready for -- we can say job readiness. We also use the ships as a platform floating museum for changing expositions in several subjects and with -- and bringing in two ships we can maybe employ 62 to 65 people. That has an incredible multiplier effect for the whole area because visitors will stay longer in the City of Miami Downtown area. It's a boost for Miami Bayside area and I think knowing and have experience in the past doing these things for the community, ships will always attract more visitors than conventional museums and I'll give you an example later on. This is an example representing a Coast Guard ship and a Navy ship. The vision is to bring these organization much closer to the public and moor these ships in Bicentennial's slip. Here you can see an overview of the slip. The slip will be used if it has your blessing of course, on the park side for visiting ships and maritime events like the "Armistad," but also bringing back the "Eagle" or other Navy ships. The other side, the arena side, we're having two ships as a floating museum. Why Miami? Miami has a rich history not only on Navy, but it's the only major town in the United States without having a historical ship. It's on the water and has a huge history but there's no historical ship. This is the location we're talking about. You see the park side. The benefit for us is we can fairly soon bring in the first 53 February 27, 2003 World War II ship to develop the park as a museum park, which is the City's plan. It takes eight years maybe or ten years. We can do this within two years. Here you have an overview. It's an interesting location because has many possibilities for parking. It has many possibilities for access for the public especially with the facility you already have. It is a cell -- train station in the park and across the street. We don't ask the City for money. This project will cost us millions and millions of dollars. We do it under private funding and some grants and we only ask the City for its support. Chairman Winton: Frans, would you repeat that, please? I want, be real clear about that so that everybody hears this. Mr. Boetes: OK. It's not our intention to ask the City for money to establish a museum -- a floating museum. Although it's hard enough for us but we are going to take care of buying the ships, explore the ships, renovate them and make them ready as a museum, floating museum. We only like to ask the City for instance to give us the free mooring space which will attract a lot of visitors. With two ships, we will attract 280 to 285,000 people. If you compared them to conventional museums it maybe 38,000. It depends on the size of the ships but I have -- we have two ships now we want to buy. The other thing is that we have your blessing to have a ticket booth on land and that we have access to the ships for a emergency vehicles and for wheelchair access. Now we have the sea wall protection and mooring systems available, made by the City and of course street lighting and whatever. That's the only thing, Mr. Chairman, I would like to propose. Miami has a rich history. These pictures are from the historical Miami -- Historical Museum of Miami and you can see PT (patrol torpedo) boats were build here and hundred thousands of men were trained here and there are still many veterans left who want to do their official ceremonies on board of these ships. The Coast Guard -- and now I show you just the cover of the training programs we have developed. We are talking to two foundations right now. They are interested in our "My City" Youth Training Program and it's the Kennedy Foundation and the Knight Foundation. This is from previous experience I have, I set up another Navy ship museum. It works very well with our government subsidies in the Netherlands and is a former U.S.A. (United States of America) Navy ship. You can see life skills training programs, educational programs for youngsters. Education is one side. Employment is the other side. For employment, we will have staff. We will have paid people there and we also have paid people -- students in the program of My City. Talked about the multiplier effect; it has an enormous attraction could be a new destination. Also, for Watson Island, because even if you attract people to this location and after half an hour and they leave the ship and they want to spend their money somewhere else and I think it's a great opportunity. Ships always attract more publicity, more visitors; they're actually very cheap to enter, I mean admission fee is maybe $3.50 for a child and in some cases even less and for adult, maybe $5.00 but then they have money enough left in their pocket to go somewhere else and spend it. So, they can go to Watson Island, Children's Museum or Parrot Jungle or Bayside or whatever. Talked about the possibility in the slip having visiting ships. In 1988, the Greater Miami Chamber told me that they had 46 Navy ships coming in and that brought the City 6.7 million dollars, in 1988. Today, compared to the value of the dollar, maybe 7.1 million dollars and it was mainly spent on procurement and spending by crew members. We lost that opportunity. Most of it went to Ft. Lauderdale. We'd like to bring it back together with the help of the Chamber and the Military Press Council and maritime events like in Amistad or like this Dutch Festival which went recently to Australia. We 54 February 27, 2003 are focused now on two ships and then I am almost finished, Mr. Chairman. This is a ship that -- U.S. Barney was involved in the Cuban missile crisis. I think very significant to bring in a ship like this for many reasons because we were so close to a nuclear war and the USCG Mohawk which is a World War 11 ship and we are going to purchase it within two weeks now. It's laying in the water in a scrap yard in Staten Island. It is still in a working condition. We would like to bring it over and restore it here and do the renovation project with Jones's Shipyard. It has a dock which is enable to help us and I think it's great to start our training program there as well. The Mohawk was involved in many U-boat attacks here on the Atlantic ocean. There was an earlier Mohawk in 1800 and that Mohawk was involved in the -- how do you call that, the blockade of Cuba at that time, in 1896. The sixth Mohawk is also stationed in Key West and we are talking about this Mohawk and it's the fifth -- hopefully ours soon. It's saved many lives. Our organization is a member of the historical Navy Ship Association. It has 59 locations throughout the United States with Navy ships. It stands to honor people who gave their lives to defend the country, educate and inspire visitors and students. We really do hope this is a really good platform to keep people in the city much longer, and make the center more safe and there will be a new destination. I would like to ask you for your guidance and see what the next step should be with the City of Miami. Thank you very much. Chairman Winton: Frans, thank you very much. Commissioner Sanchez. Commissioner Sanchez: Frans, we read about a year ago when you came to see me with this great idea, and I was very fascinated with it because South Florida has played such an important factor in just about every war. You know, whether it was fought in South America, Central America or the Caribbean Islands or Cuba, this will give us another attraction in downtown that will attract veterans, people that come down here that are fascinated with these war ships throughout the United States. I know there's a ship park in Mississippi, I don't remember the name and educate me on it, what's the one park in Mississippi? Mr. Boetes: In Mississippi? Commissioner Sanchez: Or Alabama? Mr. Boetes: It's -- Unidentified Speaker: The Alabama. Commissioner Sanchez: The Alabama. The Alabama that's visited by many, many people. It's a wonderful museum and these types of things, downtown the way that it's developing with the Parrot Jungle and everything that's going on is just a win-win situation for everyone so I am prepared -- Mr. Boetes: Well, Commissioner Sanchez, I talked and our organization talked to many people. We have many letters of endorsements. I just gave a few here to look at it from the Admiral, it's from Jeb Bush, the Governor, it's from Senator Graham. Commissioner Sanchez: You certainly have mine, sir. 55 February 27, 2003 Mr. Boetes: It's from the Heat, it's from well the Navy League and you name it. Well, it's all in there and everybody, even the Chamber of Commerce, everybody says it's a great opportunity because it mobilizes so much. Chairman Winton: When I met Frans, I don't know, probably a little over a year ago -- also he came into my office and told me about this idea and said I'm not going to ask for public money and I didn't believe a word of it. OK, do you now how many people come in and say oh no, no, no it's not going to cost you; and you know what? I didn't believe it, and I -- I really ran him through the ringer and Frans has done this in Holland. The same thing. Generated the money from the private sector, bought a ship, ultimately donated the ship to the country with the condition and the stipulation that they maintain that as a floating museum -- Mr. Boetes: --as an American landmark, yes. Chairman Winton: So, he's very real, very sincere, and I think this will could be a great opportunity for us. What he needs from us -- because they are about actually buy a ship, what he needs from us, is simply an endorsement, a statement of interest and a commitment that we're going to work with him to moor this ship or these ships in the slip at Bicentennial Park. Is that not correct? Commissioner Sanchez: Well, I believe that the appropriate action to take here is to direct the City Manager to enter into whatever acceptable agreement by the City Manager and the Attorney and come back to this Commission for approval. Chairman Winton: So would you like to make that motion? Commissioner Sanchez: Yes, sir. I make that motion. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Any other discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 56 February 27, 2003 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-198 A MOTION DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FRANZ BOETES, FOUNDER OF THE MIAMI-DADE COUNTY MARITIME FOUNDATION, TO ESTABLISH A MARITIME MUSEUM AT BICENTENNIAL PARK; FURTHER DIRECTING THE CITY MANGER TO BRING BACK SAID AGREEMENT FOR COMMISSION CONSIDERATION AND APPROVAL. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Tomas Regalado Chairman Winton: Thank you very much for your presentation and thanks a lot for the hard work. Mr. Boetes: Thank you for inviting me. Chairman Winton: Commissioner Teele? Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I think it's very important that the Planning Director's staff get in the loop on this. I'm 100 percent supportive, but we've had enough different reports and enough different proposals which we never acted on any of them of filling in some of the slips, providing more -- you know, we've got a hundred issues and again I think -- I didn't want to have that discussion while that motion was on the floor because I don't want anything to dilute my enthusiasm from that, but again, if we don't plan this thing right -- Chairman Winton: I completely agree, and that process has started by the way, so the people are linked in and this was not done in a vacuum at all. It is -- your point is outstanding and we're working on that. OK, yes. 57 February 27, 2003 Joel Maxwell (Deputy City Attorney): In the motion dealing with the marine slip also implicit in that motion just for the record, would be that you are also requiring that the whole process, including referral to the Waterfront Advisory Board and compliance with all competitive bidding requirements of the charter will also be followed. Commissioner Sanchez: As the maker of the motion, Johnny -- Commissioner. Chairman Winton: What do you mean competitive bidding requirements? Mr. Maxwell: If in fact you use Bayfront Park, that has waterfront property and you lease out that property there are requirements that deal with the use of waterfront property in the charter, so you will have to comply with those provisions so what I was -- what I'm saying is the record should also reflect that as you give those directions you are also saying that they will have to comply. Chairman Winton: What the City Attorney needs to do is make sure that they craft whatever it is crafted understanding that this an asset to the City. We're not giving up waterfront land. We're not leasing it. You know, so you need to figure out how we make this work so that it becomes a success. Commissioner Sanchez: Mr. Chairman, as the maker of the motion, I think it's prudent that we take the advice of the City Attorney on this and one that it go to the Waterfront Board -- Chairman Winton: Absolutely -- Commissioner Sanchez: --which they will be in support of this. This is something that is a win- win for everybody, but I think we need to take -- Hans, we're working with you on this but I think we have to do this right. I think every Commissioner that has made a statement, has made a very intelligent statement up here, including Commissioner Teele, with the planning. Mr. Boetes: Mr. Chairman -- Chairman Winton: Hold on, yes, sir. Mr. Boetes: May I just add something to it? We went to the Waterfront Advisory Commission and it has their full endorsement. Chairman Winton: Yeah they've been -- Mr. Boetes: That was more than a month ago. Commissioner Sanchez: I just -- they're a board, they're a very committed board and that's what their responsibility is. I don't want to bypass anybody here. Chairman Winton: They're not, they've been there already. 58 February 27, 2003 Commissioner Sanchez: They've been there, so -- Mr. Boetes: Fully endorsed. Thank you. Commissioner Sanchez: So that's the motion. Call the question. Chairman Winton: Didn't we already vote? Commissioner Sanchez: We didn't vote on it, did we? Mr. Maxwell: You did vote, yes. 9. DISCUSSION CONCERNING FUTURE OF CITY'S MOUNTED POLICE PATROL. Commissioner Sanchez: Thank you, Mr. Chairman. If I could take up one of my items. Chief Timoney here? Chief. Not you, sir. You say, "Chief," and five or six people stand up. Yeah, this is -- Unidentified Speaker: Excuse me. I'm sorry, but when someone calls "Chief," I rush. Commissioner Sanchez: Chief, good morning. Chief John F. Timoney (Chief of Police): Good morning, sir. Commissioner Sanchez: Chief, I bring this discussion item concerning the future of the City of Miami's Mounted Police because of the concerns that have been brought out, and several discussions that have been brought out of what's the future of the Mounted Police. I don't need to state -- and I want to say this before I say another word. You know my love for horses. I love horses. I have horses. I ride. I enjoy it, but that has nothing to do with this. I just think that it's an issue that has been back and forth. I think there's a lot of people that are concerned, not only are the Mounted Police officers concerned with the future outcome of the Mounted Police, but also some merchants who, for many years, have benefited from this police service, because it's a good service. I think that the Mounted Police has done an excellent job in the communities that they serve when they ride their horses. I consider it to be one of the best sources of community policing. I consider it to be a great public relation tool for kids to see the police officers on the horse, and pet the horses and take pictures with the horses. I think it's also a great visible thing for people to see police officers on horses in the community. The downside is, of course, what they leave behind. But, of course, there's a positive to everything, and you could always turn that into great fertilizer. But I think that we need to address what your concerns are. I will respect any concerns that you have as the Chief of Police, but I think that we need to know what would be -- what's going to be the future of the Mounted Police, because there's been plenty of discussion on the stables, which have been very, very controversial in many ways, and there's also been some valid concerns on your behalf and also from the City Administration, saying that where they're at today, it's not in the best interest of the City. And I agree with you 100 percent because they have to go out there. They have to, you know, brush the horse. Get all the equipment into the trailers. Hook up the trailer. Come down, whether it's rush hour traffic in the 59 February 27, 2003 morning or going back, and you're really taking time away from patrol time. We're trying to find a reasonable solution to this. We are working to try to bring the stables into the City for several reasons: cost effective, liability effective, all kinds of things. But we need to know what's going to be the future. Is it your intent to do away with the Mounted Police? Is it your intent to reduce the amount of horses that we have? You know, I think that you need to let us know what you want to do. Chief Timoney: Well, there is no -- right now, there is no agreement within the department. We've had those discussions, myself and the chief and the other chiefs, regarding the future. What I will say, right up front, that the system is as in place now, in other words, where the horses are stabled outside the City, I mean, that can't go on in the future. I think -- Commissioner Sanchez: Sir, and I agree with you 150 percent. Chief Timoney: Yeah. Even in the best of circumstances. You know, I had them both in my prior departments in New York and in Philadelphia, and in both of those situations they were housed within the City, but even then, you know, there's an awful lot of down time preparing the horse and then getting it back to the stables early on. There's a -- I guess another problem here in Miami is it's not just outside the City, but the 10 -hour working tours, which means you really -- effectively only have them for four days. It's a very expensive proposition. It's interesting, I was looking at a newspaper article, which I have and I'll give you a copy, in St. Paul, Minnesota. They're in the process now of doing away with their Mounted Unit for all the same reasons that we're confronting in Miami, including the fact that the Chief of Police in St. Paul is allergic to horses. I'm not, but it turns out this chief is allergic to horses, but he's a big proponent of the Mounted Unit, a big supporter. We haven't made a final decision. I wish I could give you a clearer answer. I think, within the next week, we will make the decision. And I know the chief is briefing you all on Monday regarding some other policing schemes, and maybe we'll have some more definitive information. But clearly, even if the decision was to keep them, I don't think that decision is solely within the purview of myself and the executive staff. In other words, I'm sure the City Manager has some say, because if in fact we do have to create a stable within the City, you're talking about a lot of money. Then where is it going to house? I know there was -- I know Commissioner Gonzalez had proposed Sewell Park, which seemed like a good idea; however, I've gotten letters from the friends of Sewell Park, who object to it. And so, there seems to be no clear place right now, you know, to have a stable, if, in fact, that was the decision. So I think there's -- probably the next two or three days will -- in conjunction with Mr. Arriola, looking at what's available. We can't have what's going on now. We can't have them outside the City, but maybe it can happen inside the City or maybe with a reduced force. Part of the problem is -- you're absolutely right — they're very good PR (Public Relations). They work well in certain areas, particularly along commercial strips. But it's a very expensive proposition. And the other enforcement part, I am -- while I love public support, and I love support for the business community, I'm always hesitant to take donations, whether it's a bike or a horse, from the business community, because they think once they get that, that they've got the horse and the cop, and you can only be in front of my store. And so, I just assume we pay for bikes and horses, if that's the decision; that we pay them out of our own budget. In that way there isn't this understanding, if you will, or misunderstanding that somehow if you can get up to 4 or $5,000 or 60 February 27, 2003 $800 for a bike, that somehow you get the cop to come with it, and that's -- the cheap part is really the horse or the bike. Frank, you want to add to that? Commissioner Regalado: Mr. Chairman. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Chief, this discussion started, what, seven months ago or eight months ago? And I happen to agree with you 100 percent. The way that it's functioning now is not good. We have to find a solution. Having the horses in Tropical Park, and having probably three hours, three and a half hours down time, that's unacceptable. When we were confronted -- well, first of all, let me tell you. There is a joke around, "Are we going to mount them or eat them?" So, you know, that's what they're saying here. Chief Timoney: I want the record to reflect that I didn't start that joke. Commissioner Gonzalez: "Are we going to mount them or eat them?" I also have a lot of people from my district, especially in Allapattah, that really, really like the service of the Mounted Patrol. As a matter of fact, we had them there for, I don't know, three or four years. One day they took them away and people start calling me, and start complaining about it and asking me to please bring it back. The neighborhood where the Sewell Park is, even though you may perceive that there is some strong opposition to these stables being there, it's not true. There is an organization, which is called the Friends of Sewell Park. It was just recently organized because of the intention of bringing the stables to the park. But most of the people that were here at the public hearing are people that don't reside in the district, don't reside in the area. They live in other areas of the City of Miami. Most of the neighborhood -- and we walk every single home adjacent to the park, in the neighborhood of the park -- everybody is in support of having the stables. Now, the cost, as you said -- when I first offered to have the horses at Sewell Park, because, first of all, I know that the Mounted Patrol could do a lot of activities in the park for the kids and for the neighborhood. There would be a constant police presence here, and I do like police. I'm a strong supporter of police and the Police Department. Eventually, there was some other people that want the horses to go somewhere else -- Alejandro Vilarello (City Attorney): Commissioner. Commissioner Gonzalez: -- you know, but I offered one of my parks. I offered Sewell Park. When I discussed the cost of building the stables, they came up with a million four. And I said, wait a minute. Mr. Vilarello: Mr. Chairman. Commissioner Gonzalez: You know, we're building a housing projects in Allapattah, which is 21 town homes, and it's going to cost me a million one. Why don't we move the horses into the apartments? And you know, it's going to be cheaper. 61 February 27, 2003 Chairman Winton: Commissioner -- Mr. City Attorney. Mr. Vilarello: Commissioner, I apologize for interrupting, but if we could -- there's a couple items on the agenda later in the day that are PZ (Planning and Zoning) items and quasi judicial. Commissioner Gonzalez: We're not going to discuss them today. Mr. Vilarello: If we could focus on the issue of the stables, that's independent of Sewell Park, and leave that discussion for a later time. Commissioner Gonzalez: All right. Well -- referring to the cost of the stables, when we -- when I started having discussions with the administration, then the price went down from a million four to about six hundred thousand. I said, well now it looks -- it sounds more reasonable. And maybe if we decide to find some volunteers, maybe we can bring it down to three hundred thousand instead of six hundred thousand. The thing is that we need to make a decision, because we have an item pending that I have been deferring and deferring and deferring, waiting to see what your decision is going to be and what you want to do with the horses. If you want to keep them, then we'll discuss where the horses could be set. And if not, then, you know, we just forget about it. But I also have the same sentiment that Commissioner Sanchez has, that the public likes the Mounted Patrol. The merchants especially, they like to see the Mounted Patrol. You know, I don't know why they have the perception that they have more security with the Mounted Patrol than with the patrol car or motorcycle or bicycle. I don't know. That might be their own idea but, you know, we have to respect what the citizens want and what the taxpayers want. Commissioner Regalado: Can I -- Chairman Winton: Commissioner Regalado. Commissioner Regalado: Before I leave, I just want to say something. Long before you came, we were discussing moving the stables, because everybody understands that that is something that is wrong. In fact, it will save the City a lot of money, a lot of time. We can -- we're paying the stables with a lot of income that the City is not getting. So, that's not the issue. We all agree with you, that it's a wrong location. Having said that, I want to thank you because I have seen one mounted patrol in the Coral Way Corridor, and the residents -- and I mean the residents, not only the merchants -- because the officer goes around on 21st Terrace and 22nd Terrace -- they're adjacent to Coral Way -- and he leaves cards. He has spoken to the residents saying, "I'm the officer here" and the people are very happy. Why do the people like the Mounted Patrol? I think it's about perception. You may like to ride bicycles, but if I see you or a police officer in a bicycle, I don't notice. I'm driving on the Coral Way Corridor. There is a guy on a bicycle. I don't notice that guy as a police officer. However, if I see a horse, I certainly would look, and everybody in the stores will go out and look through the window because there is a horse on the sidewalk, and it's a police officer. I will tell you that, from the PR point of view, if you were to decide to abolish the unit, the perception of the people will be that the police is reducing services, and it may not be the case. It may that you could increase the patrol. But the 62 February 27, 2003 perception of the people -- the headline will be "Police canceling or abolishing horse patrol unit." And the people cannot get enough of police presence. So I would tell you that the people in my area are very happy with the horse and, of course, the police officer, but rather more with the horse. And I hope that you will take all that into account. Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Yes. Chief Timoney, could you kindly provide myself, and if the other Commissioners would like, the following information: Revenues generated by the mounted police. And when I say revenues, I'm talking about tickets that they give, whatever it may be, so I can make a comparison. I also want information pertaining to the crime stats of the mounted police; how many arrests they make, how many assistants do they provide to whatever. I need to see all those documents that you have that could give me information on that. Also, the cost to the City of the entire Mounted Police Department. That's from, you know, vet bills to feeding the horses, to equipment, to the officers, so I could make an intelligent decision on this issue. But once again, it's not -- Chairman Winton: OK. Commissioner Sanchez: -- because I'm an avid lover of horses. Chairman Winton: OK. Thank you very much. Chief Timoney: You're starting to sound like my wife and the Mayor's wife. I'm hearing it everywhere. Chairman Winton: Good. All right. Thank you. Commissioner Sanchez: Thank you, Chief. Chairman Winton: I'd like to go to -- Commissioner Sanchez: Thank you. Chief Timoney: Thank you, sir. 10. RECOGNIZE AND ACKNOWLEDGE ROLE OF VIRRICK PARK COMMITTEE IN ASSISTING CITY IN FUNDRAISING FOR, AND PROGRAMMING AND OPERATION OF, ELIZABETH VIRRICK PARK AND ITS FACILITIES. Chairman Winton: I'd like to go to my other blue sheet item. We also have folks from the public here. Will, are you going to -- I want to recognize the -- there's a resolution in my blue sheet section that I'd like to call to your attention and what we're doing by this resolution, you all know that a -- that the Virrick Park, and you all have been to Virrick Park in the West Grove. That park has gone from a dilapidated drug infested mess to one of the best parks in our entire city and in large part that transformation was created by a group of volunteer citizens which was 63 February 27, 2003 the Virrick Park Committee, who really adopted this park have spent tons of time and energy on creating a new -- the design that was implemented on fundraising for the park. They've just done a terrific job and we have a resolution in here that is simply a resolution that will allow the City to recognize that committee as a functioning committee so the committee can then be empowered to work directly with the City and that's the whole purpose of this. Will? I'd like to recognize you. Will Johnson: Good morning, thank you. Good morning, Chairman, commission members and Mr. Manager. I'm the President of the Virrick Park Citizen's Committee and we're here this morning to ask you to pass this resolution -- Chairman Winton: --and we need your name and address. Will Johnson: I'm sorry, Will Johnson, 3750 South Dixie Highway, Miami, Florida 33133. We have a couple of people are going to make a short presentation just to give some history and background of the committee and also we have the park's manager with us and we have a few members of our committee with us today, which includes our NRO (Neighborhood Resource Officer) and of course our Secretary and our Treasurer today and our Counsel. What we wanted to do was get this resolution passed so we become official, legitimate and recognized for what we've already been doing for almost eight years anyway, and been dealing more intensely over the past couple of years, so not to drag this out, I'm going to have the history put into the record if you please, Mrs. McDonald. Yvonne McDonald: Good morning, Commissioners. Chairman Winton: Good morning and we need everybody's name and address on the record when you come to the podium. Ms. McDonald: I'm Yvonne McDonald. My address is 3411 Oak Avenue, Coconut Grove. I'd like to read this history into the record, six years ago before Miami -Dade County successfully promoted and the people passed the Safe Neighborhood Parks Bond issue, to fund the revitalization of the city and county's fledgling park systems, a group of Grovites and friends began meeting about the conditions of Virrick Park. There was not much fan -fare. There was not much of a plan. There was only a dream that one day Virrick Park would live up to expectations of those who had originally founded it. Ms. Elizabeth Virrick, founded the Coconut Grove Citizens Committee for Slum Clearance in 1948. She later teamed with Reverend Theodore R. Gibson, Rector of Christ's Episcopal Church, and Secretary of the Coconut Grove Ministerial Alliance, members of the City Commission and Mayor Robert King High to purchase land between Day Avenue, Plaza Street, Hibiscus Street and Oak Avenue for the creation of a park. Mrs. Virrick and Reverend Gibson, who later served as a city commissioner, knew that just clearing away dilapidated housing and building sewers and sidewalks, was not all there was to building a neighborhood. They realized that parks are the heart and soul of communities and on Saturday, June 14, 1963, at 2 p.m. Virrick Park was dedicated. After years of physical and financial neglect, Virrick Park slipped from being an asset of community pride to being a source of neighborhood embarrassment. At the point when the park had fell absolutely rock bottom; buildings falling apart, homeless people sleeping on 64 February 27, 2003 benches, rampant drug dealing and use, and blatant open prostitution, a group of citizens decided to take the park back in the spirit of Mrs. Virrick's and Reverend Gibson's Slum Clearing Committee. The Virrick Park Committee was born. That was about six years ago, but the committee can trace its lineage back to 1963. The timing was providential. The Committee with assistance from the original architect, of 1963, Mr. Kenneth Triester, quickly became energized and organized. Ms. Thelma Edwards a founder of the present day Virrick Park Committee and the first Neighborhood Enhancement Team administrator for the West Grove recalls we were ahead of the game when the Safe Neighborhood Bond issue was passed. We had in place organization, architecture and design and community consensus. When the Bond Committee started to look at projects to fund, the Virrick Park received some of the first monies awarded from the bond. However, the money awarded was not enough to complete even the first phase of the project to the standards set by the Committee. Some in city government urged and advised the committee to accept what they were given and just build something. Out of that urging grew the Committee's rallying cry which still drives it today: "A first class facility or no facility." Along the way, the Committee and Coconut Grove citizens have the gained the respect and admiration of city government. The City has become a powerful booster, supporter and believer in the vision that the Committee has for Virrick Park. The City no longer decided or doubts the Committee to just build something, but now share and pushes the vision of a first class facility at Virrick Park. Phase 2 and Phase 1 is completed, and with the help of the partners: The University of Miami, The United Way, Boys & Girls Club, Coconut Grove Cares, The Barnyard, the James L. Knight Foundation, The City of Miami and Miami -Dade County the Committee has set sail to complete Phase 2. Phase 2 is the park's new building which will house a full service branch of the Miami -Dade Library as well as a music rooms, computer lab, classrooms, craft room and a cooking lab. Thank you. Chairman Winton: Thank you, Yvonne. Anyone else from the Committee? Mr. Johnson: No, I know your time is sensitive so we're going to cut it down short and I ask that you pass the resolution for us -- Chairman Winton: You know what I would like to do Will, is I would like to get all the members of your committee to come to the microphone and at least put their name and address on the record because they've done a heck of a job and -- and we do want to recognize them. Sylvia Jordan: Sylvia Jordan, Coconut Grove Cares, 3750 South Dixie Highway. Wesley Carroll: Wesley Carroll, Virrick Park Facility Manager, 3255 Plaza Street, Miami, Florida. Thank you. Chairman Winton: Go Canes. Officer Thomas: Officer Thomas, West Grove NET, 3750 South Dixie Highway. Mr. Johnson: Thank you. These are some of the members here with us this morning. As you look at the resolution section -- 65 February 27, 2003 Chairman Winton: Is Tucker here? Mr. Johnson: Tucker's here too. Chairman Winton: Is he on the committee? Mr. Johnson: Yes. Chairman Winton: You too. Tucker Gibbs: Tucker Gibbs, Attorney for the Committee. Chairman Winton: Thank you. OK, I'm sorry, Will. Mr. Johnson: All right. It's just that the language on Section 3, we're asking that you take a look at that and please change that to a "shall" for us instead of "may." Chairman Winton: I will introduce that as a part of the resolution. Mr. Johnson: OK, We appreciate that and we're here to answer any other the questions you have. Chairman Winton: Commissioner Teele, would you chair for a moment? Vice Chairman Teele: Thank you, Mr. Chairman. Recognizing you, Mr. Chairman. Chairman Winton: As I said before, this committee and I think Yvonne McDonald did a real good job of giving you the history of where this park has come and it really did -- it has just moved forward in tremendous ways and it was because of the dedication and commitment and vision and hard work of this committee and so we're simply recognizing this as an entity that's kind of adopting the park, so that's purpose of this resolution. I would like to move the resolution with one modification, which in Section C after the Director parenthesis, end parenthesis, that word says; may; I'd like to change that to "shall" and so moved. Commissioner Gonzalez: Second, as amended. Vice Chairman Teele: Moved and seconded. Is there an objection? All those in favor, signify by the sound of "aye". The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? Let the record reflect unanimous vote. 66 February 27, 2003 The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-199 A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING AND ACKNOWLEDGING THE ROLE OF THE VIRRICK PARK COMMITTEE IN ASSISTING THE CITY IN FUNDRAISING FOR, AND PROGRAMMING AND OPERATION OF, THE ELIZABETH VIRRICK PARK AND ITS FACILITIES. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: None ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez Vice Chairman Teele: Mr. Chairman? Chairman Winton: Yes, sir. Vice Chairman Teele: I want to take two -- I want to ask one question and take one strong exception from what has been read. The first question is, what kind of technical assistance or support, architectural support or design support is the committee getting now? Mr. Johnson: Well, we have -- as a matter of fact, the park building itself right now, and the ground was a concept by Mr. Ken Treister-- Vice Chairman Teele: Mr. Treister, right. Mr. Johnson: Right. He donated all that to the City on our behalf. The first plans and he's still with us. Vice Chairman Teele: So, Mr. Treister is still volun-- in other words, the things that you read out; the elements of Phase 2. Phase 1 is completed now? Mr. Johnson: Yes. Vice Chairman Teele: Now the Phase 2 elements, Mr. Treister has done that? 67 February 27, 2003 Mr. Johnson: Yes, sir. He has turned in preliminary plans already to the City about the plans for Phase 2 and this is a joint effort between the County and the City; the City coming in and building a shell and the County coming in and flushing it out as a library, putting in all the interior work and staffing to do programs there. Vice Chairman Teele: Mr. Chairman. The exception that I have is this thing has been debated and debated and it is your honor, yours truly I should say, who made the motion during a late budget hearing to put the first funding into this, because this has been discussed for three years -- Mr. Johnson: Absolutely. Vice Chairman Teele: --and I said I'm tired. Let's put the first four or five thousand dollars in it, so I just want you to make sure that you correct the record that the funding was initiated from across the track. From the laborers pool over there in Overtown, you know the domestics versus the laborers. Chairman Winton: Let that record be absolutely clear that the first funding from the City came from Commissioner Teele's leadership. Vice Chairman Teele: What I really want to say is this. Mr. Treister, the architect, deserves much more than we can do. Really, I'm not even sure what he's doing is legal because there's a law against the donation of services, etc. I think there's some big exceptions to it, but I'm telling you, he's not just giving you time, which is money, he's saving you two or three years because if this were in the City process, and I stand witness, if this were in the City process, you would be no where near where you are now and I really don't want you take him for granted. Mr. Johnson: We do not. Vice Chairman Teele: In this regard, because what he is doing for you is not just giving you architectural love and commitment in his profession; he's saving you years of time. I really want the record to reflect and we need to do something appropriate, Mr. Chairman, I'm sure you will to really acknowledge. I had some misgivings you know, but this man is truly a man doing the public will and working for community. Community he doesn't necessarily fit right into the heart of, but he does fit into the heart of it, because his heart is there. Mr. Johnson: Yes he does. Vice Chairman Teele: I just want to commend him, Mr. Chairman. I know it's your district but Mr. Triester did a wonderful job for this community and this city. Chairman Winton: Right. Thank you very much, Commissioner Teele. Mr. Johnson, thank you very much. Mr. Johnson: Thank you, Sir. Thank you, all. Can I make one last request to the Commission? That now that we are on the road to making this thing move again, that we have several really, really pressing issues there at the park that we would like to sit down with the appropriate representatives from the manager's office to hash out in the very near future if we could. 68 February 27, 2003 Chairman Winton: You know we can -- we'll set that meeting up through my office and probably do it in my office. Mr. Johnson: Thank you, sir. Chairman Winton: Thank you. 11. REDEVELOPMENT OF CIVIC CENTER SITE, LOCATED AT 1700 N.W. 14TH AVENUE, AS FOLLOWS: 1) ACCEPT $1,000,000 GRANT FOR ENVIRONMENTAL REMEDIATION OF PROPERTY FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) UNDER ITS BROWNFIELD ECONOMIC DEVELOPMENT INITIATIVE (BEDI) GRANT PROGRAM; 2) APPROVE SALE OF SAID PROPERTY FROM CITY TO WAGNER SQUARE, LLC; 3) AUTHORIZE APPLICATION TO HUD FOR SECTION 108 LOAN GUARANTEE ASSISTANCE $4,000,000 FOR PROJECT; 4) APPROVE PROPOSED AMENDMENT TO CURRENT FIVE-YEAR CONSOLIDATED PLAN TO INCORPORATE THIS PROJECT. AUTHORIZE MANAGER TO SECURE $100,000 DEDUCTIBLE FOR 3RD PARTY LIABILITY INSURANCE NEGOTIATED WITH WAGNER SQUARE, LLC. AS PART OF TRANSACTION RELATED TO REDEVELOPMENT OF 2.95 -ACRE CITY -OWNED PROPERTY KNOWN AS CIVIC CENTER SITE IN EVENT CLAIM IS FILED AGAINST CITY. Commissioner Gonzalez: Mr. Chairman could we take Item 4 and 5? It's a project that has to do with my district and I'm not sure if I'm going to be able to come back at 3 o'clock so -- Chairman Winton: Yes, absolutely, so we'll go to the Regular Agenda, Item number 4. Commissioner Gonzalez: I also move number 4, Mr. Chairman. Vice Chairman Teele: What are you --what are you? Commissioner Gonzalez: That's the Civic Center site. Remember the site that was polluted and we had to work on it together about -- a developer that we got a grant to clean up the land and do an affordable housing project, homeownership and rental? Vice Chairman Teele: Well, I have a number of questions. I'd rather take it up after lunch, but -- excuse me, why? Chairman Winton: I think the worry, Commissioner Teele, is that Commissioner Gonzalez feels awful from a health stand point and he's not sure if he'll be able to come back after lunch. Vice Chairman Teele: Well, we need to have a full disclosure of what we're doing on the 108 and how much capacity is left and how many commitments we've made and where we're going, I mean -- 69 February 27, 2003 Chairman Winton: --I agree. Vice Chairman Teele: -- this is the first time -- Chairman Winton: It's OK -- Vice Chairman Teele: This is the first time this 108 has come up, and I've got to tell you Mr. Chairman, you know, on one end you want to commend staff for moving things forward but I have -- but this is not the way a 108 should be done. A 108 affects everybody's district equal -- equally, and given the fact that the 108 -- that we did over my objection, regarding Parrot Jungle has already sucked up about 60 or 70 percent of the total City commitment. Given the fact that we've got some 108 commitments out there, you know I'm really trying to see the analysis of where this 108 is and where it's going and what the elasticity is for the 108. I need to see some studies in terms of the effect of the reduction in community development dollars on the 108, because the 108 is a function of CD entitlement. No one has given me any briefing on the 108 thing. The first time I heard about I saw it in the newspaper. I have been waiting and directed that the staff and the commission support it, that the staff would hold a public hearing regarding the environmental, you know. That has been totally ignored. I was -- I specifically passed a resolution calling for a public workshop with Commissioner Gonzalez and myself on March 15th with notices being provided including mail notices that is a resolution of this board. I've had no contact or feedback and you know. Chairman Winton: Keith. Keith Carswell: Mr. Chair, Commissioners, Keith Carswell, Director for the Department of Economic Development. There are a couple of issues that maybe I can kind of weigh in through -- through some of them. There are two issues. The first issue is this is the Civic Center site, which is separate and a part from the Wagner Creek issue and staff has been meeting and there's a public hearing on the 15th of March where we will be addressing the public's concerns. We've been working with DERM (Department of Environmental Resources Management). We've meet with DERM. We also have a meeting scheduled with the Public Health Trust. We've met with consultants relative to the Wagner Creek issue and we've been also working with our communications director, with actually holding the public meeting, but that's a separate issue. The other issue that we have before you is regarding the development of a site that is adjacent or next to the Wagner Creek. In meetings with DERM we've always viewed that as two separate issues. Now there's another issue -- Vice Chairman Teele: Mr. Carswell? Mr. Carswell: Yes. Vice Chairman Teele: Now I want to get this straight. Is this adjacent to Wagner Creek? Mr. Carswell: Yes, a portion of it is adjacent to Wagner Creek. Vice Chairman Teele: Does Wagner Creek reportedly have dioxins? 70 February 27, 2003 Mr. Carswell: Correct. But in terms of the remediation activity associated with Wagner Creek, it is separate and a part from what is occurring with the Civic Center site. Wagner Creek is actually part of a dredging project that the City -- that was initially done under public works. Vice Chairman Teele: I understand that, but nobody knew about the contamination. Mr. Carswell: At the time, there were environmental assessments done for Wagner Creek associated with the dredging project. Through the environmental assessments associated with the Civic Center site, there were some indicators that perhaps we should test for other things other than just heavy metals which was what was done as part of the dredging project for Wagner Creek. So there were assessments -- environmental assessments done relative to the dredging project but they did not test for dioxins because there were no indicators to test for that. Vice Chairman Teele: Mr. Carswell. I'm not good at this so you'll have to be real helpful to me because I don't know. Do you have a clean clear environmental on the site that you're proposing for the 108? Mr. Carswell: Correct. Vice Chairman Teele: You have a clear environmental -- Mr. Carswell: Yes -- Vice Chairman Teele: --on the site that you are proposing for the 108? Chairman Winton: What do you mean clear environmental? Let's make sure that -- Commissioner Sanchez: Clean. Chairman Winton: Oh. Vice Chairman Teele: That means that there are no dioxins, there's no contaminates; that this is a -- because let me tell you, you know I'm listening to all this stuff on one hand as it relates to three months ago the Feds are saying we didn't do our environmentals right. We start doing this. We start doing that. There's no way you going to do a 108 and not have a clean environmental. Mr. Carswell: OK, there are separate issues. OK -- Vice Chairman Teele: OK then help me understand. Mr. Carswell: OK. Vice Chairman Teele: I want to just talk about the 108 site. Mr. Carswell: OK. The 108 site has contaminations and it has dioxins and it has arsenic in it. 71 February 27, 2003 Vice Chairman Teele: The site of the 108? Mr. Carswell: The site of the 108. Vice Chairman Teele: And you're asking us to approve that? Mr. Carswell: As part -- several months ago, we submitted a proposal in partnership with some developers where we applied for a 1 million dollar Brownsville Economic Development Initiative Grant. We were subsequently awarded the Betty Grant of a million dollars and that is contingent upon us submitting a 4 million dollar 108 loan application. In talking with our community development office, they've indicated that we do have the capacity for the 4 million dollars which includes consideration of the 20 million dollars that we may have to proceed as part of the Parrot Jungle loan, so there is capacity for the four million dollars. Vice Chairman Teele: I'm not questioning capacity of this. I'm asking, what's the elasticity for everything else? See if this is a race to the courthouse, then I've got about three 108's I need to bring up today as Pocket Items. Because if all of a sudden there's no notice really, there's no notice -- is there more 108 capacity and how if so, how much more? That's the question and that's the question that affects everybody equally on the dais and I objected Commissioner Gonzalez. I strongly objected to the 108 on Parrot Jungle. Not against the project, but on the fact that it was sucking up the 108 capacity. We were told, "Oh no, no, no, that's not true. There is $30 million more," but then we had some consultants come in from Washington and say that's not true based upon these rules and that rules, the 108 capacity is substantially less. I don't know how much less, but I think we ought to know. I mean nobody would write a check from their checkbook if they not know how much it is about. Commissioner Gonzalez: Can anybody answer the Commissioner's concern? Linda Haskins (Chief Financial Officer): We're in the process of getting that information for the final balance on the 108 capacity. Commissioner Gonzalez: Because the problem is that this project has been going on forever. We had a group of developers that wanted to develop this land. They would play with the City Commission for two and a half years. Finally, the project was taken away from them. We had three different entities coming to the commission to get the project awarded. Finally, there was a problem with contamination. I was pressured. Pressure was put on me that the City needs to resolve this problem because it was going to look bad on the city and it was going to look bad on me because I was the District Commissioner, so I said fine if we have another group that is going to be able to get the grant and to clean the land and to do the development, let's do it with that group. So we sat with the group, we had a meeting with the Mayor. The issue came before the Commission. This issue has been before the Commission three or four times. Finally, they got the grant to clean the land. They got the finances to do the project. They got everything in place to start and you know if you want to defer it, I mean you know whatever you want to do. 72 February 27, 2003 Vice Chairman Teele: I don't want to -- Angel -- Commissioner Gonzalez, I don't want necessarily defer it. What I want to know is how much capacity, 108 capacity will be left if we approve this? Chairman Winton: Mr. Manager. Commissioner Sanchez: And that's a reasonable -- that's a very reasonable question. Joe Arriola (City Manager): Do you want to continue this in the afternoon and I'll bring you the numbers so we'll all feel more comfortable about it. Is that OK with you? Chairman Winton: Is that the only issue you have, Commissioner Teele? Vice Chairman Teele: The only issue -- I only have two concerns. Commissioner Gonzalez: Let's table it until the afternoon. Vice Chairman Teele: My only two -- Commissioner Gonzalez: -- do I need to second that? Vice Chairman Teele: No, you don't need to second that. Chairman Winton: No, we can -- can. Commissioner Gonzalez: Let's table it. Chairman Winton: Yeah. Ms. Haskins: Thank you. Chairman Winton: Commissioner, we'll bring it up the first item after the break. OK, don't go yet. How long will it take you all to get this answer? Mr. Carswell: We should have it by -- Mr. Arriola: By 3 o'clock, right? Chairman Winton: No, no, no. If you were working on it right now, how long will it take you to figure out the answer to that question? Is it a ten minute process? Barbara Gomez -Rodriguez (Director, Department of Community Development): No. They're bringing the file over. It should be here within fifteen minutes. There is capacity. We did take into consideration the Parrot Jungle. Chairman Winton: Well, he understands that. 73 February 27, 2003 Ms. Gomez -Rodriguez: We'll let you know exactly the amount. Chairman Winton: Barbara. Barbara. Mr. Arriola: Barbara, it's how much -- Chairman Winton: Barbara, it's a -- this is a big question, so -- Ms. Gomez -Rodriguez: Fifteen minutes. Chairman Winton: So in fifteen minutes you could have the answer? Ms. Gomez -Rodriguez: Yes, sir. Mr Arriola: Why don't we wait then? Vicky Garcia Toledo: Mr. Chairman, if I just may put some point of information? Commissioner Gonzalez: Mr. Chairman, I've got a doctor's appointment at 12:30. I've got to go so you know. If they decide it this afternoon and I'm not here to defer -- if we lose the grant, we lose the grant, then let the City be responsible to clean it up. Ms. Garcia Toledo: Commissioner? Chairman Winton: Yes. Ms. Garcia Toledo: That's the point I wanted to make on the record. For the record, Vicky Garcia Toledo with office at First Union. Commissioner Gonzalez: Let the City be responsible to clean it up. Ms. Garcia Toledo: The City of Miami with my clients, the developers applied for a Betty Grant which was granted to the City of a million dollars. Tomorrow, that Betty Grant has to have a matching from the 108 funds. It's one to five. Tomorrow is the absolute last day for the City to respond with the matching funds or we will lose the million dollars that we were given from the federal government. Chairman Winton: OK, we understand. Ms. Garcia Toledo: So that's the critical issue. Chairman Winton: We will bring this issue back at 3 o'clock, very first item when we come back from the lunch break. Do you all want to take any other items up, or should we break now? We will break. 74 February 27, 2003 Vice Chairman Teele: Is Mr. Juliano here? Thank you. Chairman Winton: Meeting is recessed, 3 o `clock. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:07 PM AND RECONVENED AT 3:06 PM, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. Chairman Winton: Anyhow it's after three, so we're going to -- we do have a quorum. We're going to start the commission meeting back up again. The item -- you all want to grab a seat so we can start? Over here, to my left? Where's the City Manager? No, I said when we left that we would take up the item that was important to Commissioner Gonzalez immediately upon reconvening, so. What item was that? Was it four or five? Unidentified Speaker: Four. Chairman Winton: Commissioner Teele had asked a question as we were in the middle of the discussion on Item number 4 and I think we have a handout here in front of us if you all would like to walk through it real quickly. Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. In front of you, you have basically the first maximum allowable base which is five time your entitlement. Our current entitlement is $12,000,856 which gives us an available of 64 million to 80. Right now there's three 108 loans we're currently paying on, Southeast Overtown, Citadel, Wynwood Foreign Trade Zone. That's an equivalent of $16,000,100. We have two potential, the Parrot Jungle at 20 million and the Civic Center at 4 million. That's an additional 24 million. Even if we get those through, we still have an available capacity of $24,000,180. In the event that the 29th Year grant goes down, which the projection says that it will, then our available will drop to $50,700,000. Chairman Winton: Would you all also make a clarification in terms of what the action is we're supposed to be dealing with today. Kind of refresh the memory of all us in terms of the action steps that we've already taken as a Commission. Ms. Haskins: Linda Haskins, Chief Financial Officer. In -- there were some Commission actions in June of last year but the first one that dealt directly with the 108 loan was in July 9th There was a resolution accepting the recommendation of the City Manager to jointly submit a Betty Grant application with Wagner Square, LLC and it included approving and principle future CDBG (Community Development Block Grant) allocation of a 4 million dollar Section 108 loan from U.S. HUD (Department of Housing and Urban Development) for purposes of said application on the Betty Grant. We were asked to -- there was a further direction to the City Manager to come back to the Commission with a recommendation at the Commission meeting of July 25, 2002. On July 25, 2002, there was a resolution authorizing the City Manager to negotiate an agreement with Wagner Square, LLC for development of mixed income homeownership development to include an affordable housing component directing the City 75 February 27, 2003 Manager to come back to the Commission with a negotiated agreement for its consideration. That proposal included the 108 loan which was used as matching funds on the Betty. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Thank you, Mr. Chairman. Ms. Haskins? Have you reviewed the five year plan that is currently on submittal with the U.S. Federal HUD from the City of Miami? Ms. Haskins: The current five year plan from the Community Development Department? Vice Chairman Teele: Yes, Ma'am. Ms. Haskins: This will require an amendment to that plan. Vice Chairman Teele: My question is have you reviewed the current five year plan? Ms. Haskins: I have not reviewed it in some time, so I couldn't answer specifically on that. Vice Chairman Teele: Does this 108 commitments and capabilities reflect all of the commitments contained in that five year plan? Ms. Gomez -Rodriguez: Just the document in front of you. These are the commitments we have presently. There's one out there that we've been talking about which is the CRA (Community Redevelopment Agency). Vice Chairman Teele: No. Ms. Gomez -Rodriguez: That's the only one. Vice Chairman Teele: There's two -- there's at least three -- two or three that I'm aware of, but let me just understand this. My question is does the current five year plan that is on file with the DOT (Department of Transportation), does this document that's not dated or signed and Mr. Manager, I'd like you to put this over your signature if this is what -- if you're standing behind it. Does this document reflect the current five year plan that is on file with the U.S. Department of Housing and Urban Affairs? Ms. Gomez -Rodriguez: This is the commitment that the five year plan includes that HUD has, are the three loans at the top. HUD also have, three loans that were approved in the past that never materialized, such as: the Goombay Plaza at Coconut Grove, which they did have a 2 million dollars which we notified them last year that was not materialized, so that was one of them. Vice Chairman Teele: Has the commission de -funded that commitment? Ms. Gomez -Rodriguez: My understanding, I couldn't tell you. 76 February 27, 2003 Vice Chairman Teele: My understanding is that they haven't. The commission has at least three other commitments that I am aware of and again in terms of transparency and not speaking with a forked tongue, you know it's really important that if we're going to do something, we do it in the openness of day. Now one of my colleagues has expressed an interest in restructuring the CRA which I want to support. Obviously, if that's restructured, that's going to make major commitment on the 108 and I want to make that very, very clear. I'm one hundred percent supportive with my colleagues' statements but he's going to have to live up to the commitments that the City Commission by ordinance has made, so I want to get that on the record, Mrs. Rodriguez with you and I think, you know one of the things that we need to do is we need to start to document what the costs of the commitments that we're making particularly in terms of the restructuring that has been outlined in advanced by one of my colleagues which I'm supporting, but the commitment and the dollars go together. Ms. Gomez -Rodriguez: OK. Vice Chairman Teele: You can't have the, you know the -- the cow without. All right so let's get this on the record. Ms. Gomez -Rodriguez: OK. Vice Chairman Teele: I'm supporting this, but I'm supporting this with the understanding that the commitments that have been made previously by commission resolutions and ordinances, and I am aware of at least three which have not been de -funded. One was the Goombay; one was something on 62nd -- Ms. Gomez -Rodriguez: -- and 7th Avenue. Vice Chairman Teele: There's three of those, plus there's a series of commitments that add up to about 15 to 20 million dollars contained in the five year plan and particularly so that everybody understands what we're doing, when we implement my colleague's recommendations and I'm going to move aggressively in implementing those within the next 30 days. It's very clear that we're going to come back with another 108 -- at least I'm going to come back with a 108 to make sure he does says what he wants to do, because it's one thing to talk for the press it's another thing to talk for the checkbook, so I'm going to basically put you on notice that I would like for you all to begin to prepare a 108 to implement Commissioner Sanchez's recommendations as he's outlined before the press regarding the CRA, all right? Thank you. Chairman Winton: OK, Madam Clerk? Do we have motion and second on this item on the floor? Priscilla A. Thompson (City Clerk): No, I'm sorry. We had a motion that was made by Commissioner Gonzalez. We did not receive a second. Vice Chairman Teele: I second it. 77 February 27, 2003 Chairman Winton: OK, we have a motion and a second on Item number 4. Do we have any further discussion? Being none all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-200 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATED TO THE REDEVELOPMENT OF THE 2.95 ACRE CITY -OWNED PROPERTY KNOWN AS THE CIVIC CENTER SITE, LOCATED AT 1700 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA ("PROPERTY"); (1) ACCEPTING A GRANT IN THE AMOUNT OF $1,000,000 FOR ENVIRONMENTAL REMEDIATION OF THE PROPERTY FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") UNDER ITS BROWNFIELD ECONOMIC DEVELOPMENT INITIATIVE ("BEDI") GRANT PROGRAM; (2) APPROVING THE SALE OF SAID PROPERTY FROM THE CITY TO WAGNER SQUARE, LLC ("DEVELOPER"), AND AS A CONDITION OF THE SALE, APPROVING THE MIXED-USE DEVELOPMENT OF THE PROPERTY BY THE DEVELOPER FOR THE SPECIFIC PURPOSE OF CREATING AFFORDABLE AND MIXED -INCOME HOMEOWNERSHIP RESIDENCES WITH ANCILLARY RETAIL, AND COMMERCIAL AND OFFICE SPACE ("PROJECT") SUBJECT TO THE PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; (3) AUTHORIZING THE APPLICATION BY THE CITY TO HUD FOR SECTION 108 LOAN GUARANTEE ASSISTANCE, IN THE AMOUNT OF $4,000,000, FOR THE PROJECT AND PLEDGING FUTURE CITY RECEIPTS OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS THE REQUIRED SECURITY; (4) APPROVING A PROPOSED AMENDMENT TO THE CURRENT FIVE-YEAR CONSOLIDATED PLAN OF THE CITY TO INCORPORATE THIS PROJECT; AND (5) FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM AND/OR IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS APPLICABLE, TO PROVIDE FOR THE PURCHASE AND SALE OF THE PROPERTY, THE ACCEPTANCE OF THE BEDI GRANT AND SUBMIT AN APPLICATION FOR SECTION 108 LOAN GUARANTEE LOAN ASSISTANCE. 78 February 27, 2003 Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Chairman Winton: Mr. Carswell? Keith Carswell: Mr. Chair, there was one other pending item that had a potential financial impact. We haven't finalized the deductible on the third party liability insurance. We are currently waiting on a hard quote from a carrier. Through this transaction, the developer will pay for the premium for a 10 million dollar third party liability policy over a 10 -year period of time. We don't suspect that should someone -- should we have to pay out a claim, we don't expect that the deductible will exceed a hundred thousand, so our recommendation would be to authorize up to a hundred thousand reviewed by the Risk Management Department. If it exceeds a hundred thousand, once we get a firm quote on the policy, then we will come back to the Commission with a recommendation and direction. Vice Chairman Teele: Why should the developer pay for that? Mr. Carswell: They're paying it for -- this was something that we negotiated as part of this transaction. We're using the 108 loan and the Betty Grant. Vice Chairman Teele: We approved this? Chairman Winton: No, they negotiated it. That's why. Commissioner Sanchez: We approved this in principle, July of 2002. Chairman Winton: No, no, no. That -- I think that Mr. Teele-- Vice Chairman Teele: Approved a hundred thousand dollars more? Chairman Winton: No. Mr. Carswell: No, no, no. Chairman Winton: No, we're -- you guys are talking about two separate things so let's start over again. 79 February 27, 2003 Mr. Carswell: As a part of this transaction, we are securing third party liability insurance. Because of the health concerns and the potential liabilities associated with the contamination, as part of this particular transaction, we negotiated with a developer to pay our premium for an insurance policy that will provide coverage to the City as well as the developer in an amount up to 10 million dollars for a period of 10 years. We have gotten verbal quotes from insurance carriers relative to what the deductible may be in the event that we have to pay a claim against the policy. At this point, we're comfortable with a hundred thousand dollar deductible in the event that there are some claims that have to be paid against this particular policy, so in the even that, once we finalize the insurance policy and if the deductible exceeds a hundred thousand dollars, we will come back to the Commission for authorization. Chairman Winton: OK, but in this -- Mr. Carswell: There's no cash at this point, there's no -- Vice Chairman Teele: -- Mr. Chairman? Chairman Winton: Yes, sir. Vice Chairman Teele: If it's acceptable to Commissioner Gonzalez, I would move the $100,000 deductible as recommended and negotiated by the Manager. Chairman Winton: Got a motion. Commissioner Gonzalez: Second. Chairman Winton: There's the second. Commissioner Gonzalez: Mr. Chairman? Is there a way that we can control the sound? Because Commissioner Teele is talking and I can't hear him. Chairman Winton: Yeah. Can we get the sound technician? We've got kind of the echo chamber again that we had -- that you all fixed at the last meeting, but it's kind of back again, so if you all don't mind working on that. Do you have any other comments on the motion on the table? Commissioner Sanchez: Call the question? Chairman Winton: Being none all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 80 February 27, 2003 The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 03-201 A MOTION AUTHORIZING THE CITY MANAGER TO SECURE A $100,000 DEDUCTIBLE FOR 3RD PARTY LIABILITY INSURANCE NEGOTIATED WITH THE WAGNER SQUARE, LLC. AS PART OF THE TRANSACTION RELATED TO THE REDEVELOPMENT OF THE 2.95 -ACRE CITY -OWNED PROPERTY KNOWN AS THE CIVIC CENTER SITE IN THE EVENT A CLAIM IS FILED AGAINST THE CITY. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None 12. DEFER CONSIDERATION OF PROPOSED CONVEYANCE OF PROPERTY LOCATED AT 1431 NORTHWEST 17TH STREET, CONSISTING OF 10,350 SQUARE FEET OF LAND WITH IMPROVEMENTS, FROM UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BY HUD DEED, FOR PURCHASE PRICE OF ONE DOLLAR. Commissioner Sanchez: Mr. Chairman, Item 5 is a companion item, I believe on the Civic Center. Is that correct? Keith Carswell (Director, Department of Economic Development): Yes, but what we were asking at this time is that be deferred. We're still in process with HUD (Department of Housing and Urban Development) of trying to finalize the indemnification. As the Commissioner pointed out, there are two duplexes that are adjacent to this site as part of the development. We've already acquired one duplex that was currently occupied and actually the Commission authorized the acquisition at the last Commission meeting. We're in the process of having HUD convey for one dollar the duplex which is currently vacant. We're in the process of finalizing the deed restriction associated with the property and it will not -- the delay in and of itself will not impinge upon our ability to submit the 108 loan application. Chairman Winton: So you -- Commissioner Gonzalez: So what do you want us to do, defer this? 81 February 27, 2003 Mr. Carswell: Defer this until the next commission meeting. Commissioner Gonzalez: OK move to defer on Item 5. Commissioner Sanchez: Second. Chairman Winton: Motion and second, further discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-202 A MOTION TO DEFER CONSIDERATION OF PROPOSED CONVEYANCE OF PROPERTY LOCATED AT 1431 NORTHWEST 17TH STREET, MIAMI, FLORIDA, IN "AS -IS" CONDITION, CONSISTING OF APPROXIMATELY 10,350 SQUARE FEET OF LAND WITH IMPROVEMENTS, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BY HUD DEED, FOR THE PURCHASE PRICE OF ONE DOLLAR. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None 13. CONFIRM ARTHUR HERTZ AND MARLON HILL AS MEMBERS OF OFF- STREET PARKING BOARD. Chairman Winton: We have a number of 3 p.m. time certains, including the one we just did. We have the Off -Street Parking Board appointments and then Commission Regalado we'll come to your discussion on South Florida Workforce Board, if you don't mind. Then we'll go to the CRA meeting. 82 February 27, 2003 Vice Chairman Teele: I would move Item 16 the appointment confirming -- the appointment of Messrs. Arthur Hertz and Marlon Hill for the Off -Street Parking Authori -- Board. Chairman Winton: We have a motion. We need a second. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Thank you, gentlemen. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 03-203 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE OFF- STREET PARKING BOARD OF THE CITY OF MIAMI FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Vice Chairman Teele: Mr. Chairman? Chairman Winton: Yes, sir. Vice Chairman Teele: I would hope that Mr. Hertz and Mr. Hill would be afforded at least the courtesy of being able to put their name on the record, stating for the record that they were present. Chairman Winton: You know I'm just terrible at this protocol stuff and it's a good thing you're here. I agree with you wholeheartedly. 83 February 27, 2003 Vice Chairman Teele: I mean it's a little discourteous to have people come down and not at least be on the record. Chairman Winton: That's how bad I am. You're the good guy. Vice Chairman Teele: No, I'm not trying to be the good guy; I just want to be right. Chairman Winton: Mr. Hertz. Arthur Hertz: Hi I'm Arthur Hertz. A pleasure being here. I was just talking to some of my fellow members here. This was Riverside Baptist Church the last time I was in it, but you're all doing the work of the Lord here now, so thank you very much. Chairman Winton: Thank you. Vice Chairman Teele: Mr. Hertz, how long have you been a member of the board? Arthur Hertz: 1987 is when I started, sir. Vice Chairman Teele: Have you been a continuous member since then? Mr. Hertz: Yes, sir. Vice Chairman Teele: Is it factually correct that the principal founder of Wometco, the company you're associated with, was one of the founders of the Off -Street Parking Board? Mr. Hertz: Yes, sir. Vice Chairman Teele: Colonel Wilson. Mr. Hertz: Colonel Wilson back in 1955, I think it was. Vice Chairman Teele: Something to be said of some continuity around here I guess. Mr. Hertz: We try our best. Thank you. Marlon Hill: Good afternoon, Mr. Chairman, Commissioners, my name is Marlon Hill. I'm Mr. Hertz's deacon from Riverside Baptist Church. I'm here with him today too. I want to thank you for the opportunity to serve on the board, Commissioner, thank you for the motion. Chairman Winton: Thank you all for coming. 84 February 27, 2003 14. DISCUSSION CONCERNING AN UPDATE FROM THE SOUTH FLORIDA WORKFORCE BOARD REGARDING THE APPEAL OF THE RFP PROCESS IN THE SELECTION OF AN OPERATOR FOR THE CONSOLIDATED ONE-STOP CENTER IN LITTLE HAVANA. Chairman Winton: We'll go to Commissioner Regalado's -- is this a blue sheet item, Commissioner Regalado? Commissioner Regalado: Yes. Chairman Winton: The discussion on South Florida Workforce Board. Commissioner Regalado: Thank you. I -- Chairman Winton: The floor is yours. Commissioner Regalado: Mr. Chairman, I have only two items in the blue page, and the one you referred to is a time certain that we set two months ago. It's a discussion concerning the update from the South Florida Workforce, regarding the situation of one of the agencies that had been in the district that I represent for many years, and it's going to be closed. I believe that Barbara Rodriguez was here. I also believe that Ms. -- OK, There you are. I can't see. We can't hear. We can't see, so we have a problem here. But anyway, Ms. Spivack, thank you very much for coming. Harriet Spivack: Thank you, Commissioner. I was here about two and half months ago, and you asked for an update. So we have a number of things -- Commissioner Regalado: Your name and address. Ms. Spivack I'm sorry. The name is Harriet Spivack, and I'm the Executive Director of the South Florida Workforce Board. We have four developments to report to you since I saw you last. The first of which is that the state, on February 10, upheld the actions of the South Florida Workforce Board in the award of Little Havana consolidated contract to Youth Co-op. I have a copy of that decision here. Basically, what they said was that a review of the record showed it to be a fair and competitive process; that there was a rational basis provided for the decision; that the board operated within its established procedures, and it did not abuse its discretion in making that award. So the first of those is that the state of Florida has concluded that appeal with that decision. The second development was that following receipt of that decision, we proceeded to work with Youth Co-op to move through the steps that were needed to move into the new Little Havana Consolidated Center. That center was to open March 1. We've actually begun moving in even earlier. It's operational at this point. It'll take a few weeks to get the signage and all of the equipment in and so on, but I think when you do get a chance to go visit that, you'll be very pleased that the residents of Little Havana will have such a really outstanding facility to get access to services. The third development is that to smooth the transition for SABER, the South Florida Workforce Board, at its meeting yesterday, extended the SABER contract for its Little Havana facility for an additional 60 days. So that center, instead of closing at the end of 85 February 27, 2003 February, will in fact close at the end of April. That will enable them to take a number of steps that they need to do to facilitate closing that center and moving the caseload over to the consolidated center. The fourth thing was at the board meeting yesterday, the board reaffirmed a proceeding with the consolidated plan that was developed and put in place a number of parameters as to how we would proceed in the next step of that competition. The first of those items was proceeding with an additional five closures of centers, and decreasing the scale of two other centers to the level of satellites, as opposed to full-service centers. When we began this process, we had 28 centers in the network, plus 10 satellites, 38 facilities. As we moved through the consolidation, first we removed those 10 satellites, then we closed another three centers down to 25. Now, we'll be down to 19; 13 full service centers in Miami -Dade County, plus three satellites, as well as an additional three in Monroe County. What was most interesting yesterday is attending that meeting were the mayors of Florida City and Opa Locka, as well as a representative of the Citizen Advisory Committee of Naranja, each of course talking from the interest of their jurisdictions as to why they would, of course, like us to continue facilities in their community, and certainly full service communities instead of satellites. It was a most interesting exchange between board members and the elected officials talking about the constraints, the funding constraints, and what the options were before them. The key issue being a lack of dollars, cuts that we have that are coming down, that will be in effect July 1, and the fact that we have so much invested or had so much invested in bricks and mortar and staff that we didn't have adequate dollars available for direct services to participants to pay for tuition, to pay for supportive services. And that, obviously, a main issue for the board was ensuring that those dollars would be available so that services -- the best quality and best availability of services would be there. There was a very good exchange between the mayors and the board members discussing those issues. At the conclusion of which, the board proceeded to affirm the consolidation. Commissioner Regalado: Can I ask you -- excuse me. My understanding is that the consolidation has been stopped in terms of future consolidation. Ms. Spivack: Well, let me explain where we are. We are closing five additional centers. We are proceeding with the consolidations for which leases have already been signed. So for instance, Northside, West Dade and Little Havana have already opened. July 1, we will be opening two additional consolidated centers, Homestead and Perrine. For the current period -- and I think this is where your question is coming from -- we are not looking for additional real estate. We are going to move through a process where the consolidated centers, where we feel the services are delivered best, that were already negotiated, are coming on line. And we are not, at this point, this year, looking at additional real estate. We're deferring for another year the decisions about other consolidations beyond that. However, as I just pointed out, we are proceeding with the closure of the five centers I mentioned. We are scaling back the satellites, and we are continuing to open the consolidations that were on line. In terms of your interest -- and I know this was expressed at the December meeting -- the board also authorized us to renew contracts for all of those current One Stops that allow in the language, both of procurement and their contracts, that we could renew for another year. You had a particular interest in the Hialeah Central contract, which is operated by SABER. Contingent on performance, which is the language in their contracts, as well as in the procurement, most of those centers will be renewed for another year. So, in fact, the Hialeah Central contract, should they have met the performance requirements, 86 February 27, 2003 which are being reviewed now, will in fact have a contract that doesn't end this June, but the following June. Again, that's contingent on performance. The new procurement will go forward only with six of the centers, because they'd either materially changed what they're doing or they've changed their locations or, for other reasons, we can't renew the contract. So the board also approves certain performance criteria, which are the basis for determining which of those contracts we can renew, which performance criteria will be used in the selection of whatever new One Stop operators should move forward. I just want to point out that the basis of the consolidation decisions, going back to the origin of the consolidation plan, was the state's concern that we had a far too complex a structure here in Miami-Dade/Monroe County region. At that time, we had 26 different service providers operating One Stops. In any other region of the state that you'll go to, there is one operator, possibly two. So it was a reduction in service providers, which we, in fact, have done from 26 to 12. The other issues were the quality of the facilities -- and remember our discussion, that the two Little Havana facilities were considered inadequate to do the kinds of things that you'll be able to see can be done in the new One Stop consolidated one. We are facing funding cuts, 17 percent, July 1st, of our (INAUDIBLE) money, which makes up a significant amount of our dollars. And most important, the fact that we had so much invested in bricks and mortar that we didn't have the dollars we needed to have enough tuition money for participants who wanted to go to school, enough supportive service money for participants who need that kind of assistance. So, again, the bottom line of the consolidation was to go through a financial analysis to do the kinds of savings that would not only enhance the quality of services, but would save us the dollars that we need to move those dollars over into direct services to participants. Commissioner Regalado: You may not know, but I am a journalist. That's what I do, and I did some inquiries. According to the state, they did not request the consolidation. Ms. Spivack: Let me respond to that. The state never said we had to consolidate. The state doesn't tell local regions, who have the discretion, what to do. They had certain outcomes. They did tell us -- and I can, you know, give you the documents -- that we had too many service providers, as part of how they wanted to reorganize the structure. That's not the same as saying too many One Stops, which I believe is what you're saying in the consolidation. It was the board that determined consolidation was necessary in order to get away from the amount of investment we had in bricks and mortar and move those dollars over to participant costs. Commissioner Regalado: Right. And, you know, the decisions -- the economic decisions are, of course, one that the board should always look. But the problem is that we had in West Little Havana and Little Havana two centers that were a full capacity. As a matter of fact, during 20 years, Youth Co-op and SABER were held as one of the two best agencies in terms of performance. All of a sudden, SABER and Youth Co-op, you know, had problems. And finally, Youth Co-op was selected, which is fine because it's a fine agency. But my problem, as a resident of the City of Miami, as a City Commissioner for District IV, is that you are closing a center that served 90 percent of the people there are Hispanics. And I know that you're going to say, "Well, they can go to the consolidated center." But these people in this area -- and I have been to that area. I know that area -- really need a center. People from the Flagami area, people from the West Little Havana area, you know, they're going to have a lot of problems in getting these services, and that's one of the issues. The other issue is that you -- I think that 18 or 16 87 February 27, 2003 people are going to be out of a job, because there were -- out of the 30 some employees, 16 or 18 will be transferred to Hialeah; is that correct? Ms. Spivack: I don't know the exact numbers, because they are now meeting with staff to handle this 60 -day contract extension and what the implications will be. SABER will be making those requests to us. Commissioner Regalado: Some people in the state, Ms. Spivack, suggested that we invite somebody from the state. They mentioned Mr. Curtis Austin. Ms. Spivack Curtis, uh-huh. Commissioner Regalado: And because they say -- well, the state -- like you said, the state did not order the consolidation. In fact -- Ms. Spivack That's true. Commissioner Regalado: I was told by sources in that department in Tallahassee, that the state considered that those two centers were working very well, and that they do not understand the reason, other than save a little money maybe, to consolidate. But my question is, is it possible to extend the SABER presence in West Little Havana for say another 30 days after the April deadline, until we get people from the state to come here before the Commission? And then the City can decide what do we do, if we stay within the Workforce, if we wish to leave the Workforce. Because, after all, you know, Miami is the poorest city. That's what we're told. And we have a lot of needs, and what we need is more centers. And I know that you have to struggle with the budget, but we do not need less services than we have now. Ms. Spivack I believe, Commissioner, that when your residents use the Little Havana consolidated facility, they will have available to them a much wider array of much better services than could have been provided within the facilities that were -- are being closed. And I believe and I hope to come back another time, or to have you visit with us to see the tremendous amount of difference and the kinds of services that can be delivered in that kind of center. I believe -- I understand your issues. I understand the board has had a considerable number of discussions. They did affirm -- and this was just yesterday -- that they needed to proceed. The 60 -day extension was done in order to smooth the transition for SABER, but every time we do this, there are fewer dollars available for what it is they want to do. I will certainly bring back to the board what has transpired here, and indicate what it is that you requested. Commissioner Regalado: Well, let me ask you. Could you ask the board to extend for 30 days - - additional 30 days? Ms. Spivack I could not recommend that. Commissioner Regalado: You would not recommend that? 88 February 27, 2003 Ms. Spivack: I do not feel I could recommend that, not on the basis of the discussion that we had yesterday, and the significant number we've been asked -- had questions to us, as staff, in terms of why we were even extending as long as 60 days, given what the final implication of that would be. An additional three hundred thousand, as an example, was allocated to SABER to keep that contract going for another two months. And given the other issues that were on the table, in terms of financial cuts, there were some concerns about that. But I will indicate that this was a request from the Commission. Commissioner Regalado: So the wish of the board is to disenfranchise one area -- one hundred percent Hispanic area of the City of Miami? Ms. Spivack I believe that the residents who are currently using the SABER Center will go to the Little Havana consolidated center and will bring back information to you that the quality of services that they're receiving is quite satisfactory, and I believe they will use it. So, I don't believe they're being disenfranchised. I think when they see what's available to them, they will be very happy to use that center. Commissioner Regalado: Well, that's what you believe. But -- Ms. Spivack Yes, I'm -- Commissioner Regalado: -- you know, we have to wait and see. So there is no way that we can extend the life of that entity in West Little Havana? Ms. Spivack I don't know that we have the resources to do that. All that I can do is to communicate to the South Florida Workforce Board your request for their consideration. Chairman Winton: And, Commissioner Regalado, I'm not sure that maybe you shouldn't go attend the board meeting and request directly in person. Commissioner Regalado: I would love to. Ms. Spivack Be happy to have you come to the next meeting in April. Commissioner Regalado: Ms. Spivack, one question. How much are you spending to install the new consolidated center in -- is it Southwest 8th and 27th? Ms. Spivack Eighth Street and 27th Avenue. I don't have the financial dollars in front of me. I know that the analysis that was done indicated that we would be saving about $900,000 a year by doing that. Commissioner Regalado: But you don't know -- to establish a new center, it would have cost dollars, right? Ms. Spivack Every center costs dollars, and different centers have cost different amounts. I can tell you that satellites cost only $350,000. Different One Stops, depending upon their scale, 89 February 27, 2003 depending upon the cost of the real estate, depending upon -- and we had a very good exchange with Commissioner Winton about the particular negotiation for the real estate of Little Havana consolidated. In some centers you get particularly good deals, and in that one we did. Commissioner Regalado: When is the next board meeting? Ms. Spivack: The next board meeting is April 23, and we'll be happy to get you an invitation. If you wish to speak to members of the board earlier, we could certainly have you come to one of the executive committee meetings, because they do meet on at least a monthly basis, sometimes more often than that. Commissioner Regalado: Would you do that? Ms. Spivack I certainly will. Commissioner Regalado: Because I think it's important that they understand that although there is a consolidation process, and I understand that -- although you need to address your budget, although Youth Co-op, which is an exemplary agency, is moving to 27th Avenue, I feel that the City of Miami doesn't need agencies to go away. The City of Miami needs more places for people to go and seek help. Everyday there are more people hurting in the City of Miami. And if the Governor of the state of Florida wants to help the City, where he spent so many years and where he lives, I believe that he needs to address this issue, and the legislature, too. So I would love to be before your executive committee, if possible, and the board. And I will tell you something. I think that the board should understand that at least this Commissioner feels that these tax dollars that we pay -- because this money we pay here and go to the state and come back, needs to be used to help many, many people in the City of Miami who are hurting now. And if you cannot do it, I will tell you that I would fight in every session to leave the Workforce, as a City, and to become one entity to see if we can better serve our residents. Thank you. Ms. Spivack Thank you. Chairman Winton: OK. Anything else on that item? Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Ms. Spivack, I want to thank you for coming today, and I realize that the City has had some ongoing concerns and I hope you appreciate them. Ms. Spivack I do. Vice Chairman Teele: I want to raise my voice in support of my colleague, Commissioner Regalado. I'd like to second a motion so that when he goes to the board, he goes armed with a sense of the board -- of the City, if a majority of the City supports that position. But I'd like to 90 February 27, 2003 understand two things. First, you started your statement by saying there are two new centers, one in Perrine and one in Florida City. What was that? Ms. Spivack: The centers are in the process of being, just as we did with Little Havana, consolidated; are in the process of going through the build -out, and those consolidations will take place as soon as those facilities are open. July 1st or shortly before that, we would expect the one to operate in Perrine, as well as in Homestead. Vice Chairman Teele: So you're reducing the number down there? Ms. Spivack Yeah. Vice Chairman Teele: By how many? Ms. Spivack Naranja and Florida City will be consolidated into the Homestead Center. We previously -- with a satellite continuing in Florida City -- we previously reduced Cutler Ridge and consolidated Cutler Ridge into Perrine. A new Perrine facility across the street is going to be the one that opens in July. Vice Chairman Teele: Well, I think the challenge that we have as a City is as long as we're under -- Commissioner Gonzalez -- as long as we're under 500,000 persons, we're pretty much - - according to my reading, and I'll defer to the City Attorney -- we're pretty much at the whim of the County or the -- actually, I guess it's called a region, because it's actually Dade and Monroe County -- Ms. Spivack Correct. Vice Chairman Teele: -- if I'm correct. Am I? Ms. Spivack That's correct, it is Dade and Monroe County. Vice Chairman Teele: So we're at the whim. Now, if we were a city of 500,000 or more, we would have our own right. So, you know, we can moan and groan, or we can annex and incorporate. And there's not a day that I don't read the newspaper that at least five cities that are existing and one that's being created are moving. So it seems just -- for this and a number of other reasons, we have a particular challenge. I am very concerned that this process seems to be driven much more by a countywide process that is trying to balance the 13 County Commissioners, as opposed to putting the dollars where the need is greatest. If the census is correct, the City of Miami is the poorest urbanized area in the United States. Is that your reading of the census? Ms. Spivack Well, interestingly enough, both Naranja and Opa Locka, yesterday, indicated that they were the poorest cities, but I do believe that the data that you're discussing is the data that is closest to my understanding. 91 February 27, 2003 Vice Chairman Teele: Well, I think it would be helpful if the City of Miami and the County of Dade planners would sit down and understand the census data, because it really shouldn't be that much of an art form. It really should be much more of an exact science. And I really think it would be helpful, Mr. Manager, if we could get with the County Manager and get some agreement, because if our Workforce people don't have a clear knowledge and a clear statement as to where the need is greatest, it underscores the point that I'm trying to make and that is, the need should be based -- the dollar should be based on needs, not on politics or some equitable jurisdiction -- Ms. Spivack: Commissioner, I believe that the board -- Vice Chairman Teele: If I may finish? Ms. Spivack I'm sorry. Vice Chairman Teele: If I may finish. And I think unless and until we're all clear on where the economic pots or needs are -- and everybody goes into a meeting with bright red lines circled around that area, you know, it may look good on a map; it may be geometrically balanced; it may be population balanced, but need is different. I need dollars for tutoring children, because I've got all the "P schools virtually in the whole damn county in my district. You know, I've got three high schools with "F's." There's only two "P high schools in the whole state that are double "F," and I've got the one in Florida. So you can't give me this about balancing dollars based upon these geometric or populations, because there is a certain array of needs and demands that are visited upon by certain economic conditions. And all that I'm speaking to is, I would be a lot more comfortable if you were armed with a full knowledge of the census and the economic disparity that the census takers supposedly document. And I'll yield to you and your, you know, your degrees and your experience, but I don't think that this process can work to my satisfaction if we're not putting the dollars based on need first, and politics and geography second. And unless and until you all are prepared to come in here and clearly state where the economic needs are, then I think we're obviously applying the wrong standard. And so I would like to certainly hear what you have to say, but I want to hear what you're going to say about mentoring dollars that can be made available over the summer for kids, not based upon who's daddies and mamas are connected in a politically with the right CDCs (Community Development Corporations) and they ran the Mayor's campaign or the Commission's this, that, and the other. I'm talking about people that may not even have a mother and father in this county. Because this F school thing is very much associated with new immigrants, and I don't hear that. I don't see that coming out of this process. Ms. Spivack If I may just briefly respond to two things. I believe the South Florida Workforce Board, and we would love to have you and Commissioner Regalado come meet with them to discuss your issues and your concerns. I believe they believe they have made the decisions based on need. And we can show you the data and the analyses that were done as a basis of the committee process, and I think it would be very helpful if we had that kind of workshop and would love to share that information with you. On your other issue, in terms of mentoring in the summer, I can tell you that you need to take a look at what Congress is doing, because all of our dollars are federal dollars. And Congress is eliminating our ability to do anything with in -school 92 February 27, 2003 youth. You and I have had some discussions about Edison and Northwestern and Jackson and so on. The real authorization is eliminating our ability to work with any in -school youth, and most of the out-of-school youth who we do work with targeting only (INAUDIBLE). So we've got some serious problems and they're not even ones that are locally determined. Vice Chairman Teele: Well, I'd like very much to get legislation or any language that you think may be helpful because I really do think that we have to apply our energies. I mean, we do a lot of talk about education and partnering with the school system and all of that, but you know, there's a whole array of young people who are being totally dropped through the system. And you know what, they're going to be a major statistic in our criminal justice system in three years, five years, or seven years, if we don't begin to deal with this. Ms. Spivack: And we've had these discussions. The City of Miami high schools have been prime high schools for our in -school programs. We've got the wonderful Stay in School program that's been operating in your high schools since 1986, dramatically reducing the dropout rate and services to at -risk youth, and this may be the last year of that program. And I'll be happy to get you the legislative information, Commissioner. Vice Chairman Teele: Thank you. Mr. Chairman, I would move -- I would second the motion of Commissioner Regalado, request that the Workforce Board extend the provision of (INAUDIBLE) for an additional -- what is it? -- 60 days, to better provide service in the Little Havana community. I would second the motion, if that's the motion you're making. Commissioner Regalado: That is the motion. And I just -- and Commissioner Teele is right. The City, by itself, cannot become a single entity. I did spoke to Mayor Raul Martinez of Hialeah, and it could happen if Hialeah were to be part of the City of Miami. Vice Chairman Teele: Lots of luck. Commissioner Regalado: You know -- Vice Chairman Teele: I'm not prepared to get that dramatic. Commissioner Regalado: No, but -- Chairman Winton: Commissioner Regalado, could — so, is there -- Commissioner Regalado: No, but the thing is -- Chairman Winton: Is there an additional point? I mean, it's four o'clock. We have no agenda stuff done. Commissioner Regalado: Well, it may be 4 a.m., but this is important. Chairman Winton: Well, I won't be here, rest assured. 93 February 27, 2003 Commissioner Regalado: Mr. Chairman, this is important. Some people are going to be disenfranchised. I consider this an attack on my community, and I'm going to be -- Chairman Winton: We understand. We've heard you. Commissioner Regalado: So -- Chairman Winton: There's a motion on the floor. Commissioner Regalado: One last thing. The deadline for us to make some kind of decision is March 31st. I'll be discussing this on the March 27th meeting, and I hope that I can go before the executive committee before. Thank you. Ms. Spivack: I'll make certain that that occurs. Commissioner Regalado: Thank you. Chairman Winton: OK. We have a motion and a second on the floor. Do we have further discussion on the item? Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-204 A MOTION REQUESTING THAT THE SOUTH FLORIDA WORKFORCE BOARD ALLOW THE CITY TO EXTEND FOR 60 DAYS THE PROVISION OF SERVICES AT THE ONE-STOP CENTER IN LITTLE HAVANA. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 94 February 27, 2003 Commissioner Regalado: And, Mr. Chairman, I don't know if you want to do the other resolution that I have or if you want to do it later, that's OK by me. Chairman Winton: Well, I think we need to -- we had a time certain for CRA (Community Redevelopment Agency). So I think we're going to adjourn the City Commission meeting and I'm going to hand the gavel to -- I mean, adjourn -- recess the Commission meeting, and we're going to take up the CRA Board meeting. Note for the Record: At 3:51 p.m. the City Commission meeting recessed in order to convene a meeting of the Community Redevelopment Agency for Southeast Overtown/Park West and Omni Districts. 16. RESCIND RESOLUTION NOS. 02-288 AND 02-469 AND SUBSTITUTE IN LIEU THEREOF HEREIN RESOLUTION, RELATED TO COMMUNITY BASED NEWSPAPERS; ESTABLISHING MINIMUM QUALIFICATIONS FOR PUBLISHING, SUPPLEMENTAL OR COURTESY PUBLIC NOTICES; AUTHORIZE CITY CLERK TO QUALIFY AND INCLUDE ADDITIONAL QUALIFIED COMMUNITY-BASED NEWSPAPERS; ALLOCATE FUNDS FROM BUDGETS OF INDIVIDUAL USER DEPARTMENTS. Chairman Winton: OK, we're re -convening the City Commission Meeting and we have a 4 o'clock time certain. It's not quite four, but is Bill Talbert here? No, OK. Let's go back to our blue sheets. Commissioner Regalado would you like to take up your other item? Commissioner Regalado: Thank you, Mr. Chairman. This resolution, if you remember last Commission meeting, I gave you copies of a resolution regarding the community based newspapers. That resolution, of course, is in your packets. Basically, what this does is that this brings all the spending of the City departments through the Manager's office in terms of advertising in the different community based newspapers. We all know that there's certain issues that have to be advertised in the mainstream media being The Herald, El Nuevo, Diario Las Americas, a daily newspaper and then some, but there were some loopholes in what we approved, and some of the community based newspapers were being used to maybe some kind of advertising. The Clerk followed the resolution and she did a very good job and I congratulate you, but other departments that were not communicating with the Clerk's office did some advertising at their will, so what this does is -- it sets the criteria for qualification based on certain circulations and publication information to advertise. This, I guarantee you that this is the same thing that the County, had and the County had something similar to what we have now and they have to multiply, so I move the resolution, Mr. Chairman. Chairman Winton: We have a motion -- Commissioner Gonzalez: Second. Chairman Winton: -- and a second. Any further discussion? Being none all in favor, "aye". The Commission (Collectively): Aye. 95 February 27, 2003 Chairman Winton: Like sign, opposed. The motion carries. Commissioner Regalado: Thank you. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-205 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NOS. 02-288 AND 02-469 IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF THE HEREIN RESOLUTION, RELATED TO COMMUNITY BASED NEWSPAPERS; ESTABLISHING MINIMUM QUALIFICATIONS FOR PUBLISHING, ON AN AS -NEEDED ROTATIONAL BASIS, CITY SUPPLEMENTAL OR COURTESY PUBLIC NOTICES IN COMMUNITY-BASED NEWSPAPERS; FURTHER AUTHORIZING THE CITY CLERK TO QUALIFY AND INCLUDE ADDITIONAL QUALIFIED COMMUNITY-BASED NEWSPAPERS ON THE LIST WHEN DEEMED APPROPRIATE; FURTHER DIRECTING THE CITY CLERK TO SET FORTH CRITERIA FOR QUALIFICATIONS BASED ON CERTAIN CIRCULATION AND PUBLICATION INFORMATION AND ALLOCATING FUNDS FROM THE BUDGETS OF INDIVIDUAL USER DEPARTMENTS, SUBJECT TO AVAILABILITY OF FUNDS. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Chairman Winton: Is that all you have, Commissioner Regalado? Commissioner Regalado: Yes, sir. 96 February 27, 2003 17. STATUS OF PLAZA AT S.W. 8" STREET AND S.W. 15" AVENUE, LINEAR PARK ON S.W. 13" AVENUE BETWEEN S.W. 8TH AND S.W. 22ND STREETS AND GATEWAY AT S.W. 8TH STREET AND S.W. 27TH AVENUE. Chairman Winton: Commissioner Sanchez, you have one more don't you? Commissioner Sanchez: Yes, sir. It's a discussion concerning an update from the new CIP (Capital Improvements Program) Director, on the status of District 3 projects. Also, while he's here, I would -- maybe he can give us an update of the -- what he is doing in the department to address the concerns and of course all the projects that are going forth. Jorge Cano (Director, Department of Capital Improvement Projects): OK. Thank you, Commissioner. Good afternoon, Mr. Chairman, Commissioners. My name is Jorge Cano I'm the new director of Capital Improvements Department. I'll address your last question first. I'd like to touch on several items. We're now in our 15th day with our new management team and I'll like to talk about -- briefly about some of the organizational changes that we're doing. A concerted effort to implement a task team approach to managing the large capital projects that we have at hand and also some of the next steps that we're going to pursue. The first thing that we've done, we've realigned the staff in our department to flatter more functional organization. The purpose to this is to be a little bit closer to ground level with all the internal/external constituents and communications with your staffs. There's one position that we've created through this realignment that we're calling the Chief of Governmental Affairs and Planning. This is going to be a key position because it's going to involve facilitating the Capital Improvements Program department early on in the scoping and the costing of all the projects with all of the departments. We rapidly move to an integrated approach to managing the capital projects. This position will also work with me to facilitate the strategic as well as the district agendas and improve the communications level. Along those lines, yesterday we initiated the creation of a task force to address the Miami River projects. We feel that so many departments involve we will be in a position to provide the lead department facilitation and improve communication so that when any issue comes up regarding the Miami River projects, we'll have one contact person similar to Commissioner Teele's desk officer, through which all the issues could be channeled and expedited to the right person in the right department. Some of the next steps that we have is of course building an integrated management approach to capital projects. Adopting a more robust automated capital project management and tracking system and finally implementing a communications plan. This is very important because I think there's an opportunity here to improve how we communicate with all the internal and external constituents groups, starting with the Commission and City executives. We need to identify what your informational needs are and before I leave today, I'm going to leave behind a packet which is a first effort at putting together a status of projects report which we didn't have before. We quickly put this together and it's a work in progress which we hope to automate, but what you'll have here by district are all the projects, the locations, the descriptions and the status. We have been aggressively pursuing moving projects into the design, bidding and construction; we've done about 15 to 18 projects in the last two weeks and we also recognize that we need to facilitate a more formalized form to work with you prioritizing the projects and deal with funding issues, so that's what we're doing in that particular area. 97 February 27, 2003 Commissioner Sanchez: Have you implemented a plan to work with the other departments to expedite some of these CIP projects? Mr. Cano: Yes. That is that position the governmental affairs -- the Chief of Governmental Affairs and Planning. The first prototype project is going to be the Miami River. We've all met our new chief which will be joining us soon who's Diane Johnson, coming over from the Economic Development Department, will be leading that effort and she will be the point person to coordinate everything having to do through the river. Doesn't mean she'll do everything, but she'll make sure that the right people do the right thing on a timely basis. We're also expanding the role of our former CIP liaison. We're calling it Community Relations and Communication and that is Dannette Perez and she's charged with putting together that communication plan which includes providing your staff, every two weeks, this project status report and some other projects that will be coming in. Commissioner Sanchez: Can you elaborate on several of my projects; one is the 8th Street Plaza? I know that you inherited this and you walked into this mammoth productivity line of projects. I mean there's how many projects are out there now? Mr. Cano: Hundreds. Commissioner Sanchez: Hundreds and hundreds of them, but can you elaborate because it was my understanding this project has been going on almost about three years and we were ready to start and apparently they have not started yet. Mr. Cano: OK, we had -- you're talking about the gateway or? Commissioner Sanchez: No, I'm referring to the -- Mr. Cano: --the plaza? Commissioner Sanchez: The plaza on 8th Street in between two historical sites. Mr. Cano: OK, no, the plaza is well along in the permitting process. All of the permits are being pulled by planning right now. They should be finished by the end of March and at that point if there're no significant changes to any aspects of the design, we'll be ready to move into the bidding process so the project I believe is funded and we'll be ready to put it out to bid. We'll be working with them to make sure that we have the selection of qualified consultants from our list. Commissioner Sanchez: The Linear Park? Mr. Cano: Linear Park, a project manager met with this week the planning department to discuss design considerations that the consultant is going to incorporate in the revised proposal for the design of the park. Some of their considerations include working as close as possible with existing conditions, minimizing tree removals, alternate lighting designs and working with as much as possible with existing infrastructure within the right-of-way. 98 February 27, 2003 Commissioner Sanchez: The gateway that we spoke about earlier today -- and it caught you off guard, because apparently you state there's no record of District 3 having a gateway and we have discussed it here in this Commission. Several gateways into the city and one was always on 27th Avenue and 8th Street and for the simple reason that coming into the City you're welcomed by a giant Budweiser sign and I feel that it's inappropriate for that type of sign to be there, but the owner has every right to put whatever he wants on his wall and it would be a perfect setting for us to have a beautiful sign welcoming people that come to visit our City and come especially to visit Little Havana, for us to have a sign there. Mr. Cano: I've already met with the Planning Director and we're going to work together to identify how this concept can be developed and what City planners and consultant from our certified list can work with us in this regard. Commissioner Sanchez: I'm very glad that you're on board, Mr. Cano, because in the past these are all projects that have been going on for years and years and years and apparently in the past, very little got done around here, so I am hoping that with your professionalism and with your expertise, we will be able to expedite not only my projects, but all the projects throughout the City. We said it very clearly we got the CIP money. We got the bond money and then we went, "Oh, gosh we've got the bond money. What do we do now?" So now we have to deliver and people -- the voters in Miami are out there waiting to see all these projects that we promised them and sooner or later we're going to have to come with him. So I thank you for your time and your professionalism. Mr. Cano: Than you very much. We have a team of professionals fully committed. Commissioner Sanchez: You will be providing us a report, either a monthly or quarterly report on the status of the projects? Mr. Cano: Every two weeks and then I will like to provide perhaps quarterly reports on more strategic items and the development of a more robust database. We just working with basic Excel now, but we're looking into that and also how we're moving forward with the testing approach on the higher impact projects. Commissioner Sanchez: Thank you, sir. Chairman Winton: OK, anything else? Commissioner Teele, blue pages? 99 February 27, 2003 18. AUTHORIZE MANAGER TO EXECUTE AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) FOR DEVELOPMENT, CONSTRUCTION AND MANAGEMENT OF VISITORS AND AVIATION CENTER ON WATSON ISLAND. AUTHORIZE CITY MANAGER TO EXECUTE SUBLEASE AGREEMENT WITH MIAMI SPORTS AND EXHIBITION AUTHORITY TO SUBLEASE 1,638.7 SQUARE FEET OF SPACE IN AVIATION AND VISITORS CENTER ON WATSON ISLAND FOR USE AS PRESS AND VIP CONFERENCE CENTER. AUTHORIZE ASSIGNMENT OF AGREEMENT BETWEEN CITY AND SPILLIS CANDELLA DMJM FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR WATSON ISLAND AVIATION AND VISITORS CENTER PROJECT TO GREATER MIAMI CONVENTION AND VISITORS BUREAU. Vice Chairman Teele: Mr. Chairman, I really think that we have a zoning -- I'll be willing to defer mine but we've got the public here on a lot of issues. Chairman Winton: So you want to -- Vice Chairman Teele: --yeah. Chairman Winton: OK we have a time certain 4 o'clock, Greater Miami Visitors Convention Bureau. Apparently they're here so can we bring Bill Talbert to the podium, please. Bill Talbert: Good afternoon, Mr. Chairman. Bill Talbert. Chairman Winton: Good afternoon, it's all yours. Mr. Talbert: Well I think you've got several items on your agenda -- Chairman Winton: We need your name and address. Mr. Talbert: Bill Talbert. 701 Brickell, Suite 2700, Miami, Florida USA 33131. I think the principal item -- we have a couple of agenda, actually three agenda items one is the development agreement which is an agreement between MSEA, the Convention Bureau and the City of Miami and we have some drawings -- I think as you know this is the Watson Island Regional Aviation and Visitors Center that we've been discussing with the City now for a number of years. I can tell you that on last Tuesday, our board -- our executive committee which has the authority to vote, voted to approve this project; MSEA has approved the project and we're here before you today, hopefully to get your approval so we can move forward and break ground on this signature building for your destination. Chairman Winton: Thank you. Lori. 100 February 27, 2003 Laura Billberry (Acting Assistant Director Economic Development): Yes, Mr. Talbert went through why we're here today and I just want to outline some of the significant business points that have changed in these agreements. Chairman Winton: Which item are we starting with by the way? Ms. Billberry: 9, 10 and 11 are all related to the aviation and visitor's center and I'm going to start with item nine which is a resolution. We're asking the Commission to approve the amended and restated local agreement with MSEA which provides for the City's leasing of the property to MSEA for the aviation and visitors center. It provides for approving an amended and restated funding and development agreement which is an agreement between the City, MSEA and the Bureau and the sets forth the terms and obligations regarding the construction of the facility and consenting to an amended and restated sublease agreement which is between MSEA and the Bureau for their use of space within the new terminal building. Within the amended and restated inter -local agreement; the primary difference is that we're establishing a short fall reserve account in the amount of $425,000.00 which will be funded by the PILOT, a payment in lieu of tax. It is -- all project operating shortfalls are to be paid first by the subtenants within the building and then by the shortfall reserve account, provided that after the first two years of operation, the bureau would have a cap of 3% each year on the operating expense component of the rent. With respect to the amended and restated funding and development agreement, we're transferring the construction responsibility to the Bureau and they will now be the ones handling -- overseeing the management of the construction and hiring the construction manager. They are further increasing their capital contribution to 7 million dollars, which includes a 3.8 million dollars CDT grant from the County. Additionally, the City has been able to secure additional grant funds from FDOT (Florida Department of Transportation) and our allocation now from FDOT is 4.7 million for a total of 11.7 million available for the project. The Bureau's going to be handling all cost overruns with respect to the project except for change orders that are requested specifically by a tenant and the City will be responsible for the build -out for the press center which is consistent with the Commission's action last August. We must further get possession of the bait and tackle shop. Due to the shifting of the site to include that portion of the property, there is removal of tanks that is necessary and we have negotiated a sharing of the environmental remediation. The Bureau would be responsible for the first sixty thousand. The City will take care of the next $140,000. We would split fifty-fifty the next hundred thousand for a total of $300,000 available in the environmental remediation. If the estimated cost of remediation exceeds $300,000 we would work together to identify additional funds and if we are unsuccessful, either party can terminate the agreement. The City must also relocate utilities at the property and put them under ground in other for the helicopters to be able to land at the site. That cost is estimated at $400,000 and is the cap that the City would be responsible for. If the estimated costs exceeds this amount, we would together, again, seek additional funds and if we are unsuccessful, we can terminate the agreement. There's certain rights to terminate in the agreement that in the event the estimated costs of the project goes above 11.7 million dollars, the Bureau can terminate. If the actual bids from the general contractor exceeds 11.7, they could terminate. We must also get possession of the bait and tackle shop by June 30th unless the Bureau requests an extension to December 31st. Lastly if FDOT ceases to fund the project, then we would work for a period of nine months, we would work together and seek additional funds to complete the project. The last agreement which is really a consenting is to be a sublease 101 February 27, 2003 agreement between the Bureau and MSEA and this is for their use of the space within the aviation center. Basically the primary changes here are that the Bureau has requested a cap on the operating and expense portion of the rent, where they will pay all actual operating expenses for the first two years of operation so we can achieve a stabilization period. Following that, they will receive a 3 percent cap each year on the operating expense portion of the rent. They will also manage the rooftop, which is the exhibition area for the presses -- for press conferences, excuse me. They will -- the City, MSEA the subtenants of the building including the Bureau can use that area for free other than extraordinary costs such as for security and the reason they would be managing that is also to make sure we don't have any double bookings. They also will be receiving a right of first offer on the food portion -- the food service are which is currently leased to Bimini Landing, a subsidiary of Chalk's but in the event they forfeit that lease that they will have a right of first offer under the same terms and conditions of that lease. Item 10 is a sublease between the City and MSEA and that is for the press center space and the City will pay 50 percent of that rent and the Bureau will pay the other 50 percent and that's approximately 12,700 each. Ours will be paid as a reduction from the PILOT that MSEA remits to the City and the Bureau will also handle all the janitorial services for that area. Lastly as Item 11 which is a resolution that provides for an assignment of the architectural agreement to the Bureau and this is for -- since they will be handling the construction of the projects so they can be in privity with the architectural firm, Spillis and Candella. Do you have any questions? Chairman Winton: So what action do you need us to take then? Ms. Billberry: We need all three resolutions adopted. Chairman Winton: So we'll start with nine. Commissioner Sanchez: So move nine. Chairman Winton: Got a motion. Second. Any discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 102 February 27, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-206 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR THE DEVELOPMENT, CONSTRUCTION AND MANAGEMENT OF A VISITORS AND AVIATION CENTER ON APPROXIMATELY 5.6 ACRES ON WATSON ISLAND FOR INITIAL TERM TO EXPIRE AUGUST 13, 2042 OR FOR 30 YEARS COMMENCING ON THE COMMENCEMENT DATE, WHICHEVER EXPIRES LATER, WITH THE CITY'S EXCLUSIVE OPTION TO EXTEND THE TERM FOR TWO SUCCESSIVE TERMS OF TEN (10) YEARS EACH; CONSENTING TO THE TERMS OF THE AMENDED AND RESTATED SUBLEASE AND OPERATING AGREEMENT BETWEEN THE MIAMI SPORTS AND EXHIBITION AUTHORITY AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED FUNDING AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF MIAMI, MIAMI SPORTS AND EXHIBITION AUTHORITY AND GREATER MIAMI CONVENTION AND VISITORS BUREAU, IN SUBSTANTIALLY THE ATTACHED FORM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY OR DESIRABLE TO IMPLEMENT THE TERMS OF THE AMENDED AND RESTATED INTERLOCAL AGREEMENT AND THE AMENDED AND RESTATED FUNDING AND DEVELOPMENT AGREEMENT, OR AS MAY OTHERWISE BE PROVIDED IN SAID AGREEMENTS, ALL IN FORM AND SUBSTANCE ACCEPTABLE TO THE CITY ATTORNEY. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Ten. Martin Tritt: I would like to talk on that. 103 February 27, 2003 Chairman Winton: It is not a public hearing, Sir. Item 10? Commissioner Sanchez: So move ten. Chairman Winton: We have a motion and a second on ten. Do we have further discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-207 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBLEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI SPORTS AND EXHIBITION AUTHORITY TO SUBLEASE APPROXIMATELY 1,638.7 SQUARE FEET OF SPACE IN THE AVIATION AND VISITORS CENTER ON WATSON ISLAND FOR USE AS A PRESS AND VIP CONFERENCE CENTER, FOR AN INITIAL TERM OF THIRTY YEARS, WITH THE OPTION TO RENEW FOR TWO SUCCESSIVE TEN-YEAR PERIODS, WITH AN INITIAL AGGREGATE RENT AMOUNT OF $22.08 PER SQUARE FOOT OF WHICH FIFTY PERCENT SHALL BE PAID BY THE GREATER MIAMI CONVENTION AND VISITOR'S BUREAU; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS OF THE SUBLEASE AGREEMENT. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: Item 11. 104 February 27, 2003 Commissioner Sanchez: So move 11. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on 11. Discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. Thank you very much. Ms. Billberry: Thank you. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-208 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY OF MIAMI AND SPILLIS CANDELLA DMJM ("ARCHITECTURAL AGREEMENT") FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE WATSON ISLAND AVIATION AND VISITORS CENTER PROJECT ("PROJECT") TO THE GREATER MIAMI CONVENTION AND VISITORS BUREAU ("BUREAU'), EFFECTIVE UPON EXPIRATION OF THE REVIEW PERIOD ON JUNE 30, 2003, UNDER THE AMENDED AND RESTATED FUNDING AND DEVELOPMENT AGREEMENT BETWEEN THE CITY, THE BUREAU AND THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR THE DEVELOPMENT OF THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY AND THE ASSIGNMENT AND ASSUMPTION OF ARCHITECTURAL AGREEMENT TO THE BUREAU, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PROJECT. 105 February 27, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: This is a long, long, long process for everyone. There was a fair amount of pain involved I'm sure with Bill and his board -- Commissioner Sanchez: -- and debates. Chairman Winton: -- and the Miami Beach stuff, but it's finally done. Let's hope the pricing comes in good. You all get this thing built, and let's go to work. Mr. Talbert: I'd like to thank City staff as well for sticking with us. Chairman Winton: Thank you. Mr. Tritt: Hey, I don't have no right to say anything? Chairman Winton: No, it's not a public hearing, sir. Mr. Talbert: It's not a public hearing. Mr. Tritt: I can't speak out on this matter? Chairman Winton: It is not a public hearing, sir. Mr. Tritt: No, but you're kicking me out of my business of 33 years. Chairman Winton: We've heard it 20 times. Mr. -- Mr. Tritt: Most people -- most people -- now the business is in place for 33 years -- Chairman Winton: Excuse me, Mr. -- Sergeant At Arms? Mr. Tritt: Most people that have a conscience -- Chairman Winton: Mr. Sergeant At Arms -- Mr. Tritt: Most people that have a conscience would put a grandfather clause on this. 106 February 27, 2003 Chairman Winton: Would you? Thank you. OK. 19. ACCEPT DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY, CITY OF MIAMI, CITY OF CORAL GABLES AND CITY OF MIAMI BEACH REGARDING FREE TRADE AREA OF AMERICAS (FTAA). Chairman Winton: Commissioner Teele, do you want to do -- oh, he's not here. So I would like to get the Mayor's blue page item done here quickly. What did I do? We're going to -- this is a - - this is from the Mayor and it's on the FTAA (Free Trade Area of the Americas). And what we're going to do -- I think Commissioner Regalado asked -- and Commissioner Teele asked for an update on what's going on with FTAA. And, Commissioner Regalado, what we would like to do -- we would have done it today but he's not available. The Governor has appointed Chuck Cobb to oversee -- excuse me, Francois -- has appointed -- the Governor has appointed Chuck Cobb to oversee the whole effort to -- for both the America's Business Forum and the Secretariat, and Armando Codina is going to chair the America's Business Forum. Luis Laredo has been appointed the equivalent of the Executive Director to really run all of the operation. We're going to ask -- we asked him to come today but he was in Washington. We're going to ask him to come to the next Commission meeting and give you all a full briefing in terms of what the board is doing, what the plans are, and allow y'all -- because you had some very good ideas and thoughts about what we ought to -- some action items we ought to be considering, so we'll bring him here so you can talk about that. Commissioner Regalado: Oh, OK. But why don't -- what -- Mr. Chairman -- and you are involved in this through the International Trade Board -- what can the City do to really make an effort to bring this to the City of Miami? Chairman Winton: Well, the Mayor is on this board -- the Mayors of the County, the City, Miami Beach, Coral Gables, so the County, Coral Gables, Miami Beach and the City of Miami Mayors are on this Steering Committee board and they are -- there's a whole host of things, I mean, major efforts being developed to assure that we win the permanent secretariat. The major -- the biggest part of that step comes this November when we're hosting the ministerial meeting here in Miami, and our performance at that ministerial meeting -- and this is really kind of countywide performance, not just the City of Miami -- our performance is going to be crucial at that. And so, that's why I think it's important for Mr. Laredo to come address this Commission. Y' all have some good ideas. I want him to hear those ideas, and he can give you a more thorough update, just in terms of what's going on, but in the meantime, we have a memorandum of understanding that has been created linking the four cities together, and that's in a resolution form in here that the Mayor has asked us to accept today, so, Vice Chairman Teele, would you mind -- let's see. Let me grab that. Commissioner Regalado: It says here -- it says -- Chairman Winton: (INAUDIBLE) I'm sorry. I'm sorry. Commissioner Regalado: On this list, it says here, County Manager Joe Arriola. 107 February 27, 2003 Joe Arriola (City Manager): You know, I made a comment yesterday about the mistake. I said, "Not yet," and then I had to say, "Not ever." No. To satisfy a little bit of your curiosity, most of the hotel rooms have been reserved and they're all in the City of Miami, starting with the Mandarin Hote', so, Ambassador Laredo is very, very aware how badly we want it, and Chuck Cobb is very aware, and we're working very hard to make sure that most, if not all of the functions, happen in the City of Miami, and Vizcaya's going to be an integral part of the entertainment of all these ministers. Chairman Winton: Vice Chairman Teele, would you take the gavel for a moment? Vice Chairman Teele: Be happy to. Chairman Winton: I would like to -- in -- under the Mayor's blue page section, there is a graph MOU (Memorandum of Understanding) linking Miami -Dade County, City of Miami, City of Coral Gables and the City of Miami Beach that we need to approve, and I would move the acceptance of this MOU. Commissioner Gonzalez: Second. Vice Chairman Teele: Moved and second. Discussion. Commissioner Sanchez: None. Vice Chairman Teele: Excuse me? Commissioner Sanchez: None. Vice Chairman Teele: None, what? Commissioner Sanchez: No discussion, unless you have a discussion. Vice Chairman Teele: Commissioner Regalado, do you have any discussion? Commissioner Regalado: No. I'm fine. Vice Chairman Teele: I think this is a -- this -- speaking for myself, I think this is a serious step in the wrong direction. I think there are so many fatal flaws with the way this is being outlined that I'm going to be forced to vote "no." I don't want to debate it. I'm not going to get into it in deep -- in depth. But this board of directors is nowhere near reflective of the Americas. It's not reflective of the Caribbean. It's not reflective of any intellectual thinking that I want to be associated with, and I've said it in every meeting, that this cannot be a Hispanic deal or a Black deal or a Cuban deal. This has got to be about the Americas, and the Americas is not adequately represented in this composition. Chairman Winton: So -- 108 February 27, 2003 Commissioner Sanchez: Call the question. Vice Chairman Teele: All those in favor -- Commissioner Sanchez: Yes. Vice Chairman Teele: -- say "aye." All opposed, say "no." No. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-209 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY, THE CITY OF MIAMI, THE CITY OF CORAL GABLES AND THE CITY OF MIAMI BEACH REGARDING THE FREE TRADE AREA OF THE AMERICAS ("FTAA"). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: Vice Chairman Arthur E. Teele, Jr. ABSENT: None. Chairman Winton: OK. Thank you. 20. ACCEPT PLAT ENTITLED BMS SUBDIVISION. Chairman Winton: Commissioner Teele, you said that you would like to take up your blue page item later. Would you like me to go the regular agenda now? Vice Chairman Teele: Don't we have a zoning -- what time did we advertise zoning for? 3 o'clock? Commissioner Regalado: No, we're two. Move two. 109 February 27, 2003 Vice Chairman Teele: Whatever the Chair would like. Commissioner Regalado: We are in the regular agenda? Chairman Winton: Yeah, we're on the regular agenda. So -- Commissioner Regalado: I move 2. Chairman Winton: We have a motion -- Vice Chairman Teele: Second the motion. Chairman Winton: We have a second. We have a motion and a second on Item 2. Tony Recio: Excuse me. Chairman Winton: Discussion? We have discussion? Mr. Recio: Is this a public hearing item? Chairman Winton: Is this a public hearing item? Alejandro Vilarello (City Attorney): It's a plat approval, yes. Chairman Winton: OK. So it is a public hearing, public's recognized. Mr. Recio: Thank you. Good afternoon, Mr. Chair, members of Commission. My name is Tony Recio. I'm with Weiss, Helfman, Pastoriza, Guedes, with law offices at 2665 S. Bayshore Drive, Suite 420. I'm here representing Norman and Irma Braman who own property at 2060 Biscayne Blvd., which is just south of the property under consideration. I'm here this afternoon to request the Commission defer this application until the underlying zoning issues are determined by the courts and unrelated to those legal procedings by the City's planning staff which is working on the substantial revisions to the zoning affecting the property. I'll explain each of these briefly. There are two legal procedings that affect this property, first, there's a certiorari proceding whereby this Commission's special exception approval of the mini -storage use is being challenged at the Circuit Court Appellate Division. As you are aware, approval of a plat is quasi judicial in nature in Florida and therefore any challenge to your decision here today would be appealed to that very same court currently dealing with those matters. Now, the second legal proceding that affects this property is an original action challenging whether that approval for the mini -storage use is indeed consistent with the comprehensive plan. This action is still under consideration by the Circuit Court. Let me explain for a second how this plat relates to the consistency issues presented before the Circuit Court here. Florida law provides that development orders must be consistent with the comprehensive plan. Now, approvals or denials of a plat like zoning approvals -- under -- like the zoning approvals under consideration by the court are development orders and therefore must be consistent with the comprehensive plan. The special exception approval that is intrinsically tied to this plat has not been determined to be 110 February 27, 2003 consistent yet by the courts. Until that determination is made, any further action on this property either approving this plat or going further is premature and inappropriate. It seems that the City doesn't want to be put in a position where it continues on a course potentially inconsistent with the comprehensive plan despite the fact that the matter is already pending before the Circuit Court. Also, should the court rule that the approved mini storage use is inconsistent with that comprehensive plan and therefore not permitted, a plat approval today would mean that the City is looking at an enormous vacant lot at the gateway -- at one of the gateways to Miami. Right along Biscayne Boulevard with a potential for development well out of scale of any other property in that neighborhood as well as along Biscayne Boulevard. Lastly, the City's planning department is currently in the process of updating the zoning for that property and other properties along Biscayne Boulevard. The planning department is working on a new destrict -- new overlay district, SD -20.1 which will substantially change and limit the uses, the lot sizes and the intensity of development permittedalong Biscayne Boulevard. The planning department has been working with the area owners on this SD -20.1 and they are moving forward slowly but surely. It should be noted that the intensity of development proposed for this site right now that is being challenged is completely out of scale for what's being proposed for SD -20.1 which is the direction that the planning department wants to move in. Also, the potential for development Commissioner Regalado: Excuse me. Mr. Recio: Yes. Commissioner Regalado: I have a question here. Mr. Recio: Yes, sir. Commissioner Regalado: Are you saying that the planning department is working on something to change what this Commission approved? Mr. Recio: No. No, no, no I'm not. I'm saying for the future, they're attempting to further restrict -- Commissioner Regalado: So what's the problem with this? Chairman Winton: Commissioner Regalado, let's let him finish, because I'm going to call in the City Attorney -- Commissioner Regalado: Sure, no problem. Chairman Winton: -- as soon as he's completed here. Mr. Recio: Should this be determined to be inconsistent by the courts, what you're looking at is this large vacant lot that has the potential for overdevelopment in this area and SD 20.1 is being put together to address some of these issues, however so this property will be completely out of scale with the other properties in the area so you're looking at the potential for increase development here. Now in some, we feel that it would be inappropriate to act on this plat 111 February 27, 2003 application at this time. Instead, we believe the safe alternative is to avoid these possible consequences and defer this item pending the determination of the circuit court and the eventual approval of SD 20.1. It is for these reasons that we ask the Commission to forgo acting upon this plat application at this time and defer consideration of this matter until there's a final determination of consistency with the comprehensive plan. Thank you. Chairman Winton: Thank you. Mr. City Attorney would you provide guidance here. Mr. Vilarello: Mr. Chairman, this item is properly before you for the City Commission to take action on it today. They're requesting a deferral, in effect, a stay of your action. This plat approval is consistent with the Commission's actions and consistent with the initial decisions of the appellate court upholding the Commission's actions. If they wish to get a stay or an injunction, they should go to the court systems and apply for an injunction there. Otherwise it's properly before you to act on it today. Chairman Winton: Anyone else from the public would like to comment on this item? Vicky Garcia -Toledo: Good afternoon; for the record, Vicky Garcia -Toledo with offices at 200 South Biscayne Boulevard. Ditto to your City Attorney but I would also like to further state that there's a factual issue that should be corrected and that is the appeal on the special exception was approved and your actions on that special exception were affirmed per curium which means all three judges on the panel supported your actions. But that's not what we're here to talk about today. We have strictly before you a final plat. Let me remind you that approximately a year and a half ago you approved the tentative plat that was before you that included a street closure. At that time, I proffered a covenant saying that if for any reason we could not build consistent with the project that was being reviewed in the special exception; we voluntarily would come back to this Commission with a project before we could build anything there. That is a covenant has been reviewed by your law department and will be placed in the public records of Dade County upon your actions here today. There is really no concern about -- in the worst case scenario, should the courts not allow us to proceed on your approval of the special exception because we will come back here before you. I also should let you know that in reliance of the tentative plat that you approved with the street closure a year and a half ago, in order according to your City procedures, for us to be here in a final plat, we had to demolish all the properties that were there. We demolished in reliance on the City's process and in order to be here today, four apartment buildings and three single family residences because they encroached and your plat and street committee required us before we can have the final plat, to take down all the encroachments, so we have relied on the actions of the City and that's what brings us here today. I certainly would like to ask our expert, Mr. Mark Alvarez to briefly state the expert testimony which you already have. You already have comfortable substantial evidence on the record based on the recommendation of your staff, but we do have the expert here if you wish to speak hear him speak. Chairman Winton: I just asked the City Attorney if -- unless he has something new, we would like him simply to stand up and incorporate it by reference. We don't want to hear it again. 112 February 27, 2003 Ms. Garcia -Toledo: We can put it in writing if you want. We have it in writing. We can submit it. Mr. Vilarello: That's fine, submit it. Mark Alvarez: Mark Alvarez, a professional planner AICP (American Institute of Certified Planners) address, 247 Southwest 8th Street, Number 214, Miami, Florida. I will incorporate my notes into the record as my testimony. Chairman Winton: Thank you. Anyone else from the public like to comment on this item? Anyone else from the public? Then we will close the public hearing portion. We have a -- do we already have a motion and second on this? Commissioner Regalado: Yes, I move it. Chairman Winton: We have a motion and a second. Do we have -- I would like to make one comment and that's just to remind you all that I voted against this item because I didn't think that a mini -storage facility was appropriate on Biscayne Boulevard. I still don't, so I'm going to vote no again, because I'd like to not really see that happen from a principle standpoint, so I'm just putting that on the record. Anyhow, any further discussion on this item? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. I vote no. Ms. Garcia -Toledo: Thank you. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-210 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE PLAT ENTITLED "BMS SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. 113 February 27, 2003 Upon being seconded by Commissioner Teele, the resolution was passed and adopted bye the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: Chairman Johnny L. Winton ABSENT: None 21. RATIFY, APPROVE, AND CONFIRM MANAGER'S DETERMINATION THAT COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, WAIVE REQUIREMENTS FOR SAID PROCEDURES, AND APPROVE ACQUISITION OF 280A NEIHOFF ALTERNATOR UPGRADE, MOTOROLA RADIO AND INSTALLATION, TELMA RETARDER, MODULAR BODY DIFFERENCE, MERCEDES MB3900 230 HP ENGINE UPGRADE, AND COMBINATION 12VDG120VAC AIR CONDITIONING SYSTEM UPGRADE, FOR THREE EMERGENCY MEDICAL CARE VEHICLES FROM AERO PRODUCTS CORPORATION, FOR DEPARTMENT OF FIRE - RESCUE, $37,941; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. Chairman Winton: Next Item, number three. Number three is ratification. Commissioner Gonzalez: Move number three. Commissioner Sanchez: Second. Commissioner Regalado: Second. Chairman Winton: I have a motion and a second on three. Discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. 114 February 27, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-211 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S DETERMINATION THAT COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS; WAIVING THE REQUIREMENTS FOR SUCH PROCEDURES, AND APPROVING THE ACQUISITION OF 280A NEIHOFF ALTERNATOR UPGRADE, MOTOROLA RADIO AND INSTALLATION, TELMA RETARDER, MODULAR BODY DIFFERENCE, MERCEDES MB3900 230 HP ENGINE UPGRADE, AND COMBINATION 12VDC/120VAC AIR CONDITIONING SYSTEM UPGRADE, FOR THREE EMERGENCY MEDICAL CARE VEHICLES FROM AERO PRODUCTS CORPORATION, FOR THE DEPARTMENT OF FIRE -RESCUE, UNDER EXISTING MIAMI- DADE COUNTY CONTRACT NO. 5472-4/01-4, EFFECTIVE THROUGH FEBRUARY 28, 2003, SUBJECT TO ANY EXTENSIONS, FOR A TOTAL AMOUNT NOT TO EXCEED $37,941; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313233, ACCOUNT CODE NO. 289401.6.840, AS FUNDED BY THE FIRE ASSESSMENT FEE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None 22. COMMISSION TO SUPPLY CLERK WITH HEARING DATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT HEARINGS. (See 6, and 62). Chairman Winton: Item 4. Oh, we did that. We did four and five. Commissioner Regalado: We did six. Chairman Winton: We did six. Did we do seven? OK, seven. 115 February 27, 2003 Alejandro Vilarello (City Attorney): Mr. Chairman, Item 6, you each designate the day that you wanted to have your public hearings, the district public hearings. You were going to do that at 3 o'clock, between March 12th and March 20tH Chairman Winton: Well, I think that -- I think my staff has to go to -- did you all get together with Barbara to get the dates, for the public hearing? Did we? Unidentified Speaker: Yes. Chairman Winton: OK. So, we've done that I would just simply -- do we need to put that in the record? Mr. Vilarello: It would be helpful to put -- make that a part of the resolution, yes. Chairman Winton: Well then -- Mr. Vilarello: You don't need to take it up right now. Chairman Winton: Yeah, we don't. So if -- if, would each of you, Commissioners, direct your staff to get the dates. We'll work it out with Barbara today, so that we can put this on the record later on in our Commission meeting? Commissioner Regalado: Sure. Chairman Winton: Thank you. 23. AMEND APPROPRIATIONS ORDINANCE 12279, PROVIDE FOR OFFICE OF HEARING BOARDS TO BECOME ITS OWN DEPARTMENT REPORTING DIRECTLY TO MANAGER, MODIFY TABLE OF ORGANIZATION AND TRANSFER MONIES FROM CITY CLERK'S OFFICE BACK TO THAT OF HEARING BOARDS. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12279, ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003. (See #25). Chairman Winton: Number seven is an Emergency Appropriations Ordinance. Commissioner Regalado: Mr. Chairman. I'll move it, but I have a small amendment later on when we get a second on discussion. Commissioner Gonzalez: OK, I second for discussion. Chairman Winton: We have a motion and a second for discussion. 116 February 27, 2003 Commissioner Regalado: I have motion to amend the amended appropriations Ordinance Number 12279 as presented to create a separate hearing boards department which its own director appointed by the City Manager whose duty shall include the supervision of staff functions and responsibilities related to the administration of the Planning Advisory Board, Zoning Board, Historic and Environmental Preservation Board, Code Enforcement, Nuisance Abatement Board with the budget to remain the same as in the original appropriation for FY (Fiscal Year) 2002-2003. What this does is that it brings -- it only -- what this means only is that it brings the hearing boards to the City Manager because we placed this under the City Clerk, but my understanding, Madam City Clerk, is that you do not mind to have this under the City Manager? Priscilla A. Thompson (City Clerk): Commissioner, I'll do whatever is the Commission's wish, so it's entirely up to the Commission. Commissioner Regalado: Well that would be my motion to amend. Just changing the hearing board from the City Clerk to the City Manager. Commissioner Gonzalez: Second this amendment. Commissioner Regalado: With the same budget and everything. Chairman Winton: Mr. Manager, do you have a comment on this? Joe Arriola (City Manager): I think that the City Clerk was doing a fine job, but if they want to put it under me, that's fine with me. Commissioner Sanchez: That's fine with you? Mr. Arriola: Absolutely. Commissioner Regalado: I can't hear. Mr. Arriola: It's fine with me. Commissioner Regalado: OK. Chairman Winton: What did you just say? I thought you just said something. Mr. Arriola: I said, the -- under the Clerk was OK with me. You want it under me, it's OK with me too. I'm mean I'm not -- Chairman Winton: OK, I understand. Mr. Arriola: -- going to argue. 117 February 27, 2003 Chairman Winton: So, Commissioner Regalado, I guess I just don't -- I don't understand the significance. Can you help me there? I mean, I'm just missing the significance. It might be the right thing to do, I just don't understand. Commissioner Regalado: You -- if you remember the reason that we proposed this to be -- always this department was under the City Manager. Chairman Winton: OK. Commissioner Regalado: But then, we decide to go through the Clerk. But, you see now, the Clerk has now a tremendous burden with this thing about the advertising and all that and they are sort of overwhelmed so instead of having them on the Clerk -- having them back under the City Manager. Chairman Winton: I understand. I remember now. So, I got it. So we have an amended motion on the floor. Commissioner Gonzalez: Seconded. I second this amendment. Chairman Winton: No other discussion? All in favor of the amended motion, signify by saying "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-212 A MOTION AMENDING APPROPRIATIONS ORDINANCE 12279, PROVIDING FOR THE OFFICE OF THE HEARING BOARDS TO BECOME ITS OWN DEPARTMENT REPORTING DIRECTLY TO THE CITY MANAGER, MODIFYING THE TABLE OF ORGANIZATION AND TRANSFERRING MONIES FROM CITY CLERK'S OFFICE BACK TO THAT OF THE HEARING BOARDS. 118 February 27, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Item 8. Commissioner Regalado: Oh, it's an ordinance. Chairman Winton: Oh, dear. Mr. City Attorney, will you let me get by with that? Mr. Vilarello: Well, I had a question. My question would -- this is an amendment to the table of organization and the corresponding budgetary amendments, correct? Commissioner Regalado: I can't hear, Alex, I'm sorry. Mr. Vilarello: This provides for an amendment to the table of organization, moving the hearing boards as a separate department and the corresponding movement of the dollars from the office of the City Clerk to that new department? Commissioner Regalado: Yeah, but the same dollar. No change in everything, no, nothing. Nothing change. Mr. Vilarello: Since that number isn't in the ordinance I just wanted to make sure that was a part of the record. This is an emergency ordinance. The Miami City Commission amending Ordinance Number 12279, the annual appropriations ordinance to increase certain operational budgetary appropriations for Fiscal Year ending September 30, 2003, containing a repealer provision and severability clause. An Ordinance Entitled - AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12279, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 119 February 27, 2003 was introduced by Commissioner Regalado and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Whereupon the Commission on motion of Commissioner Regalado and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None SAID ORDINANCE WAS DISIGNATED ORDINANCE NO. 12325. Ms. Thompson: The emergency ordinance is adopted, 5/0. 24. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED: "WEAPONS OF MASS DESTRUCTION ADMINISTRATIVE PREPAREDNESS/FEMA GRANT AWARD (FY 2002)" FOR OPERATION OF SAME, $740,000, CONSISTING OF GRANT ALLOCATED BY FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), FOR PURCHASE OF SPECIALIZED EQUIPMENT, STORAGE AND MAINTENANCE, PROVISION OF TRAINING, MANAGEMENT, AND ADMINISTRATION OF SOUTH FLORIDA URBAN SEARCH AND RESCUE (USAR) TASK FORCE WEAPONS OF MASS DESTRUCTION (WMD) PREPAREDNESS PROGRAM. Chairman Winton: Item eight. First Reading Ordinance establishing a special revenue fund. Commissioner Gonzalez: So move. Commissioner Regalado: Mass destruction? 120 February 27, 2003 Chairman Winton: Accepting a grant. Commissioner Sanchez: It's a grant. Chairman Winton: So, did I hear a motion? Commissioner Gonzalez: I move. Chairman Winton: We have a motion, need a second. Commissioner Sanchez: To accept money only. Commissioner Regalado: Second. Chairman Winton: We have a second. Discussion? None? Mr. City Attorney would you read the Ordinance, please? Roll call, please. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "WEAPONS OF MASS DESTRUCTION ADMINISTRATIVE PREPAREDNESS/FEMA GRANT AWARD (FY 2002)" FOR THE OPERATION OF SAME IN THE AMOUNT OF $740,000 CONSISTING OF A GRANT ALLOCATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR THE PERIOD BEGINNING JANUARY 10, 2003 THROUGH JANUARY 9, 2004, FOR THE PURCHASE OF SPECIALIZED EQUIPMENT, STORAGE AND MAINTENANCE, PROVISION OF TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE (USAR) TASK FORCE WEAPONS OF MASS DESTRUCTION (WMD) PREPAREDNESS PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 121 February 27, 2003 was introduced by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): The Ordinance is passed on first reading. 25. COMMENTS REGARDING EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 12279, ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2003. (See Section #23) Vice Chairman Teele: Mr. Chairman? Chairman Winton: Yes, sir? Vice Chairman Teele: May I go back to the previous ordinance that we just passed on an emergency? Chairman Winton: Yes, you may. Vice Chairman Teele: Could I get just a little bit of an explanation on the 1.7 million dollars. I had some notes here I can't seem to locate them; the 1.7 of contingency reserves that are being appropriated. Under number seven, the Manager's memo makes no reference to the movement of about a million seven but somewhere buried in there, I can't find it. There's a million seven of contingency reserves; and I'm trying to understand what are we really doing? Can somebody demystify what, I guess the rest of my colleagues understand but I'm just being honest. I don't really understand what we are doing. Chairman Winton: I didn't even notice it, so. Vice Chairman Teele: It's not covered by the Manager's memo, at all. Larry Spring (Chief, Strategic Planning, Budgeting and Performance): Afternoon, Chairman and Commission. Larry Spring, Strategic Planning, Budgeting and Performance Department. That 1.7 is a reallocation. 122 February 27, 2003 Vice Chairman Teele: Excuse me. Is that listed in the Manager's Memo? Mr. Spring: It's part of the 3.6 payment on the pension. Vice Chairman Teele: OK. It says 3.6 payment on what? Mr. Spring: The pension -- to the pension. Vice Chairman Teele: Now what is the 1.7 Is that a pension payment? Mr. Spring: The 1.7 is a portion of the pension payment yes, sir. Vice Chairman Teele: So the full 1.7 is going to the pension payment? Mr. Spring: Correct. Vice Chairman Teele: So there was no -- there's no movement of dollars other than the 3.6 total for the pension payment? Mr. Spring: Correct. Vice Chairman Teele: Then, what does it mean when it says, additional monies in reserve for face appropriation? Mr. Spring: In the last Commission meeting, if you recall, the Commission approved moving of $9,800 that was the proceeds from the sales of the Fast and The Furious cars. Vice Chairman Teele: Yeah, but that's on another line. Mr. Spring: But, the appropriation is coming out of the general -- out of those contingency reserves because where the money -- the proceeds will be going from the sales. Vice Chairman Teele: The full 3.6 million -- Mr. Spring: Yes. Vice Chairman Teele: Less -- the full 3.6 is going for the -- Mr. Spring: The payment of COLA (Cost of Living Allowance) to the pension fund. Vice Chairman Teele: Can you explain and just help me understand, why wasn't this cost anticipated in the budget? I mean, what's the unexplained, unforeseen, unknown circumstance that has occurred between September and now? 123 February 27, 2003 Mr. Spring: Actually, I don't know that it was necessarily un -- not budgeted for, but rather in the financial ordinance, it states that these payments will come out of the undesignated reserve and contingency reserves. Vice Chairman Teele: But I thought the whole budget principle -- the whole principle of budgeting was you look back at your historical and you project it actually. Mr. Spring: Absolutely. Vice Chairman Teele: Is that like, budget 100 or something? Mr. Spring: 101. Vice Chairman Teele: OK. Mr. Spring: Unfortunately -- I mean, unfortunately, as you probably do know, I've only been here for exactly two weeks -- Vice Chairman Teele: Very bad answer. Mr. Spring: Well, let me finish. Vice Chairman Teele: We're all here (UNINTELLIGIBLE) Mr. Spring: I understand, but I can't -- I can not speak to what process was taking -- had taken place prior to my arrival. Vice Chairman Teele: But it'll really be good if you would spend the time. Mr. Spring: Absolutely. Vice Chairman Teele: Sir, respectfully, because we all inherit -- nothing starts when you get here or when I got here or when the manager got -- we all are a part of a moving process and we have to try to be -- I just really would like to understand is this unanticipated or was this planned this way? Mr. Spring: I think it was unanticipated. Vice Chairman Teele: But you don't know. Mr. Spring: No. I'm tell you it isn't -- it was an unanticipated -- Vice Chairman Teele: I think somebody is behind you trying to help you, too. Mr. Spring: Yes. 124 February 27, 2003 Vice Chairman Teele: Trying to protect you. Linda Haskins: He's wonderful. Linda Haskins, Chief Financial Officer. In the budget, if I -- presumed in the budget were additional pension expenses and there was an expense stabilization fund. So there is a portion of the surplus that was anticipated from 2002 that went to an expense stabilization reserve. By definition from financial accounting, that's sitting in reserves. So in order to now use that to spend on the COLA (Cost of Living Allowance) adjustment, we take it out of reserves. We did not -- the number was not known -- my understanding is that the number was not known from the pension board of how much would be required from the COLA until a month or so after the budget was completed. But what was known at the time the budget was being put together, was there would be additional pension expenses not only in Fiscal 2003, but going on into Fiscal 2004 because of market losses, so that was a discussion as part of putting together the budget. Vice Chairman Teele: Does this money go to -- just help me, Linda. Does this money go to pay into these union pension funds, based upon our contract or covenant with them on the --? Ms. Haskins: Yes, sir. Vice Chairman Teele: OK. Ms. Haskins: It's the cost of living adjustment that was agreed to for a period of time and what happens is that there's a certain percentage that goes from excess earnings in the fund will pay for the COLA adjustment. In those years where they're not excess earnings, the City has to foot the bill. Vice Chairman Teele: So a part of this has to deal with the decline in the stock market? Ms. Haskins: All of it has to do with the decline in the stock market actually. Vice Chairman Teele: Finally got that. OK. Ms. Haskins: And he's cool. Vice Chairman Teele: No, I really don't know. I mean so I'm asking not to try to be cute. Ms. Haskins: No, it's real complicated. Vice Chairman Teele: I mean I do understand that we're going to have a bigger number next year because this thing is on an average of three years. Ms. Haskins: They're currently on an average of three years and I have to say we've had some meetings with the pension boards especially the FIPO (Firefighters and Police) pension board, and they have been so cooperative in working with us, in trying to address the whole funding issue. It has been really wonderful. 125 February 27, 2003 Vice Chairman Teele: I think one of the reasons, Linda, they've been cooperative -- and I appreciate you putting that on the record, is because they also -- this Commission voted with the Mayor's support and really recognized that they have been under -funded in past years in terms of salary and that salary adjustment that we gave is paying dividends because they are really working with us in the context of the gaps based upon the pension fund that we are now facing, which is a function of Wall Street. Linda Haskins: That's right. Vice Chairman Teele: Thank you very much. I understand and I really appreciate the explanation. Thank you, sir. Mr. Spring: You're welcome. 26. APPROVE MIAMI SPORTS AND EXHIBITION AUTHORITY PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2002-2003. Chairman Winton: OK, we've done 9, 10 and eleven; twelve and thirteen are the folks from Aon are not here. I told them we would bring this item back at 5:30 so, we'll come back to that at 5:30. So that takes us to 14. We finally have an opportunity to approve the MSEA (Miami Sports and Exhibition Authority) budget. Got a motion? Alejandro Vilarello (City Attorney): Mr. Chairman, at this point the MESA Board has approved it and has communicated to the Manager, the adoption of the budget and I don't believe the Manager has any comments. So, it's properly before you. Commissioner Sanchez: So move. Commissioner Regalado: I'll move it. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Do we have discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 126 February 27, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-213 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING, THE MIAMI SPORTS AND EXHIBITION AUTHORITY PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2002-2003, ATTACHED AND INCORPORATED. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None 27. AUTHORIZE CONVEYANCE OF SIX CITY -OWNED VACANT PARCELS LOCATED IN MODEL CITY NEIGHBORHOOD TO PALMETTO HOMES OF MIAMI, INC. AT NO COST FOR DEVELOPMENT OF SIX NEW SINGLE-FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW INCOME. Chairman Winton: Fifteen, Occupational License Equity Study Commission. Anybody have any appointments they would like to make to this board? Commissioner Sanchez: Which board is that? Chairman Winton: Occu -- Fifteen. Did I skip something? Commissioner Regalado: 14A and 14B. Chairman Winton: Oh, I'm sorry. Sorry, sorry, sorry. We'll go back to 14A. What is 14A? Alejandro Vilarello (City Attorney): Conveyance of city -owned property to -- parcels to Palmetto Homes of Miami Inc. Chairman Winton: OK. Sorry about that. OK 14A. Mr. Manager? Oh, I'm sorry. Ms. Rodriguez. 127 February 27, 2003 Barbara Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. This is basically conveying six city -owned properties to Palmetto Home for affordable housing. Chairman Winton: OK. Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on 14A. Do we have discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-214 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONVEYANCE OF SIX (6) CITY -OWNED VACANT PARCELS LOCATED IN THE MODEL CITY NEIGHBORHOOD TO PALMETTO HOMES OF MIAMI, INC. AS DEVELOPER AT NO COST FOR THE DEVELOPMENT OF SIX (6) NEW SINGLE-FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW INCOME, SUBJECT TO THE DEVELOPER: (1) AGREEING TO PAY THE COST OF ELIMINATING ALL TITLE DEFECTS EXISTING ON THE PARCELS, (2) PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING FOR PURCHASE BY QUALIFIED HOMEBUYERS, (3) COMMENCING CONSTRUCTION WITHIN TWELVE (12) MONTHS FROM THE DATE OF CONVEYANCE BY THE CITY, (4) COMPLYING WITH OTHER TERMS AND CONDITIONS, INCLUDING PARCEL REVERTER PROVISIONS, AS DEEMED APPROPRIATE BY THE CITY MANAGER AND THE CITY ATTORNEY, AND (5) PROVIDING THE ADMINISTRATION WITH A STATUS REPORT CONCERNING THE TITLE TO THE PARCELS WITHIN NINETY (90) DAYS FROM THE DATE OF CONVEYANCE; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. 128 February 27, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None 28. AUTHORIZE CONVEYANCE OF TWO CITY -OWNED VACANT PARCELS LOCATED IN ALLAPATTAH NEIGHBORHOOD TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. AT NO COST FOR DEVELOPMENT OF TWO NEW SINGLE-FAMILY HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF LOW AND MODERATE INCOME. Chairman Winton: 14B. Commissioner Sanchez: So move 14B. Commissioner Gonzalez: Second 14B. Chairman Winton: In Allapattah. So, we have a motion and a second on 14B. Further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 129 February 27, 2003 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 03-215 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONVEYANCE OF TWO CITY -OWNED VACANT PARCELS LOCATED IN THE ALLAPATTAH NEIGHBORHOOD TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. AS DEVELOPER, AT NO COST, FOR THE DEVELOPMENT OF TWO NEW SINGLE-FAMILY HOMES FOR FAMILIES AND INDIVIDUALS OF LOW AND MODERATE -INCOME, THE HEREIN AUTHORIZATION IS CONTINGENT UPON THE DEVELOPER: (1) AGREEING TO PAY THE COST OF ELIMINATING ALL TITLE DEFECTS EXISTING ON THE PARCELS, (2) PROVIDING EVIDENCE ACCEPTABLE TO THE CITY OF FIRM COMMITMENTS FOR PROJECT CONSTRUCTION AND PERMANENT FINANCING FOR PURCHASE BY QUALIFIED LOW AND MODERATE -INCOME HOMEBUYERS, (3) COMMENCING CONSTRUCTION WITHIN TWELVE MONTHS FROM THE DATE OF CONVEYANCE BY THE CITY, (4) COMPLYING WITH OTHER TERMS AND CONDITIONS, INCLUDING PARCEL REVERTER PROVISION, AS DEEMED APPROPRIATE BY THE CITY MANAGER AND THE CITY ATTORNEY, AND (5) PROVIDING THE ADMINISTRATION WITH A STATUS REPORT CONCERNING THE TITLE TO THE PARCELS WITHIN NINETY DAYS FROM THE DATE OF CONVEYANCE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. 130 February 27, 2003 29. APPOINT DEMESIO GONZALEZ AND GABRIEL GARCIA AS MEMBERS OF OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION Chairman Winton: Now, fifteen. Occupational License Equity Study Commission. Commissioner Sanchez: I have an appointment. Chairman Winton: You have one? Commissioner Sanchez: Yes, sir. Chairman Winton: OK. Commissioner Sanchez: I would like to nominate Gabriel Garcia. Chairman Winton: Gabriel Garcia. Commissioner Gonzalez: Second. Chairman Winton: Let's get -- does anybody else have anybody to appoint on this commission? Commissioner Gonzalez: Yes, I have one. Chairman Winton: Please. Commissioner Gonzalez: Demesio Gonzalez. Chairman Winton: I'm sorry? Commissioner Gonzalez: Demesio Gonzalez. Chairman Winton: Commissioner Teele? Vice Chairman Teele: No. Chairman Winton: Commissioner Regalado? Commissioner Regalado: I'll defer, Mr. Chairman. Chairman Winton: I'm in the, sorry guys. I'm deferring also. I need a motion on -- Commissioner Sanchez: So move both nominees. Commissioner Gonzalez: Second. 131 February 27, 2003 Chairman Winton: Motion and a second. Any further discussion? Being none all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-216 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None 30. AUTHORIZE MANAGER TO AMEND LETTER OF CREDIT WITH SARMIENTO INC. TO DECREASE BOND AMOUNT FROM $250,000 TO $100,000 AND FURTHER EXTEND RENEWAL DATE OF BOND TO MAY 2004. Chairman Winton: Sixteen, we did. Seventeen, agenda item -- Priscilla A. Thompson (City Clerk): Deferred. Chairman Winton: Is anyone here to speak on this issue? What, what did you say? Commissioner Gonzalez: No, it was deferred. Ms. Thompson: Deferred. Chairman Winton: Oh, OK. Nineteen, what is nineteen? 132 February 27, 2003 Commissioner Regalado: Bus benches. Vice Chairman Teele: Eighteen (UNINTELLIGIBLE). Chairman Winton: Eighteen, oh, discussion? Sorry. Victor Monzon-Aguirre: Good afternoon, Commissioners; Chairman. My name is Victor Monzon-Aguirre, Chief of Neighborhood Services. At the last Commission meeting you've instructed us to work with Sarmiento, who is the vendor installing bus benches throughout the City and enter into negotiations, which have been comprehensive. We have started doing the determination as, one, where all the bus stops are; where the availability of bus stop benches can be placed; as well as other issues affecting their ability to perform. One key item which was presented to you at the last commission meeting was the issue of the performance bond, which they have submitted to us as a letter of a credit. Initially, there was two letters of credit; one for half a million dollars and one for $250,000. In the last year, the Commission took action and reduced the one letter of credit from 500 to 200,000 which gave them sufficient ability to go back to the bank and withdraw the cash which they used as part of their funding mechanism. That particular bond would have to be renewed or bought back up to the same level of 500,000 to May of 2003. One of the items that we're trying to negotiate which will be incorporated into a complete redo of this contract for your next Commission meeting was to extend that renewal date to May 2004. The other item was another letter of credit which is a performance bond for 250,000. Again, this is a letter of credit which means Sarmiento has put up the cash in the bank. We wish to reduce that to $100,000. This again would release another 150 for Sarmiento. I would need the Commission to instruct the Manager that we do this today, even though I don't have a particular resolution, so that we can allow him to get access to the cash to help provide capital for him to buy additional benches and make additional benches. His inventory is roughly 50 to 60 benches so he doesn't have enough to do -- or Sarmiento does not have enough to implement the entire program. Now this is due as a result of that inability to install signs. If you can't install signs, he can't advertise, he can't make revenue, so it's the chicken in the egg issue, so we're asking the Commission to instruct the manager to allow us to release or lower the performance bond to 100,000 -- the letter of credit, to $100,000 and that will not be renewed up to 250, until next May of 2004. Again, all these items will be a complete amendment which will be presented to you on March 27th. Additionally, we'll have a complete implementation plan for all the districts and all the routes in the area. The City did not have an inventory of all the bus stops and all the locations available and we'll have a complete report. I have instructed them not to remove any of the benches from the former contract, so at least we have some of the benches there because he can not supply benches and just hit those locations where he can't place benches. With respect to District 2, Commissioner Winton, I had met with the representatives from the committee that was trying to determine which bench would come with the final one as the result of our meetings that I've had with them, and I have in the subsequent meetings, that will be incorporated in the same amendment that will be presented to you on March 27th. 133 February 27, 2003 Chairman Winton: Great. Commissioner Gonzalez. Commissioner Gonzalez: Yes, sir. Mr. Monzon, I really commend you for the work that you have done in this respect, because most of us here have been going crazy with the pension situation and, you know, this company. Especially, with the people that need to take a bus, that need to wait for the bus and don't have a bench, so I really commend you. Mr. Manager, I'd like to request that you meet with Mr. Monzon and write the right resolutions that need to be approved for the Commission. Joe Arriola (City Manager): We'll take care of it right away. Chairman Winton: Mr. City Attorney. Alejandro Vilarello (City Attorney): Mr. Chairman. I believe there -- the Manager's requesting authorization for an amendment to the agreement right now which addresses the reduction in the bond which is provided in the form of a letter of credit from $250,000 to $100,000, and that the increase of the bond will not take effect until next year, the one that is due this May? Mr. Monzon: May. Mr. Vilarello: Would be deferred for one year. Unidentified Speaker: I would move for -- Mr. Vilarello: Then he will -- that's what the request is for today. He'll come back on the 27th with a comprehensive review of the contract, so. Commissioner Gonzalez: Mr. Manager, let me ask you a question. Mr. Vilarello: We'll prepare an amendment and a resolution to that effect if the Commission approves it. Commissioner Gonzalez: Will this be effective today? Could it be made effective today? Mr. Vilarello: Yes, sir. Commissioner Gonzalez: OK. Mr. Vilarello: The resolution -- this resolution would be subject to the Mayor's veto but you can provide an effective date to that. Commissioner Gonzalez: So move. Chairman Winton: We have a motion. We need a second, Joe? 134 February 27, 2003 Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second, discussion? Commissioner Sanchez: Mr. Chairman. Vice Chairman Teele: Discussion. Commissioner Sanchez: Let me just say why, I'm going to support this. We have treated this company very unfairly. This company has bent over backwards to please this City and to please the residents of Miami. I mean if you asked them to paint those benches any color, they would have done it. We've done them a tremendous injustice and we can not continue to ever treat such a business, because if I ever would've gotten on a plane and I would have gone back to wherever they are from, I believe they're from Argentina. We did -- it was horrible, what we did to that company and they've stuck here with us addressing all of the concerns. They've attended every meeting. They've put so much resources into helping us find a solution to this that this is why I stand here and say we have to do whatever we can so we can work with them so we can get done what we want we would want to do and the bottom line is, working on improving the quality of life in the City of Miami. Chairman Winton: Commissioner Teele. Vice Chairman Teele: Mr. Chairman, I've asked the Manager for an update on the number of benches that are out. I -- can I get an assurance from you? Mr. Monzon: Yes, sir. They are counting those today for those avenues you told me. You'll have the report by tomorrow morning. Vice Chairman Teele: You know and, I don't know if you were around when this discussion was started up or if anyone has briefed you on it, but both Commissioner Gonzalez and I were saying the same thing. We'll take as many bus benches as you can provide. You can paint them polka dot, we'll take them and because our constituents largely are transit dependent. They need -- this is not a luxury. They need it. As I drive down Northwest Second Avenue -- Northeast Second Avenue, they're virtually no bus benches. They're people standing up on the swale area this afternoon; it's 4 o'clock, 5 o'clock right now, if you go down and you want to look. There's no reason -- just because people live in a town -- a community that may not be as affluent as another part, there's no reason to have that disparity and I'm very, very interested in expediting the delivery of whatever color, whatever size bus benches as long as there are benches there for people to sit on. I tend to believe that maybe the economy in the -- is this Argentine company? Mr. Monzon: Yes, it is, sir. 135 February 27, 2003 Vice Chairman Teele: It's worse than I thought, because there has been a lot of abuse of - - in my opinion of this company and a lot of it is well intentioned but just misdirected. You know, nobody has a title like Commissioner, or mayor or manager or assistant manager, or director and all of sudden they become an expert in bus benches or transit or any number of things and what you got is just misdirected staff giving instructions because they've got the badge or the authority and we ought to let those people do what it is they want to do within the planning and design criteria and we've heard from Commissioner Winton's district. I respect Chairman Winton's district they Upper Eastside, Coconut Grove. Those areas should be held harmless from the bus benches to the extent that we've agreed on that, whatever it is, but there's no reason why you know, we can't get these bus benches out. I really think that you all -- the manager should be commended for trying to come up with a Solomonic approach because, truly in a different economy, these folks would have gone on to the next city and maybe we should be grateful that they have stayed with us and I hope we'll work better with them under your leadership. Mr. Monzon: Thank you, Commissioner. Commissioner Regalado: Mr. Chairman? Chairman Winton: Yes, sir. Commissioner Regalado: Not only -- we have a situation because the old company is apparently taking some of the benches that they are not using because they can not place advertising. They did that in Flagler between 39th and 38th. They took two benches and there is a huge apartment building that elderly residents go to downtown and they have to stand now because they weren't -- they have no bus benches, so I would ask you to look into that address as a priority, because -- and it was a company. Because, since they could not advertise they just take what is theirs. I mean, it's fine by me, but it's a lot of people standing in the sun there. This is going east in Flagler. Also, the same situation in Northwest 7th Street, both sides of the street. From 27th to 37th there are no bus benches at all. They took them. The company took them, so if you can ask the company to take care of those addresses, I would really appreciate it. Mr. Monzon: Commissioner, if I may add for all the Commissioner's benefit. We're trying to address those major corridors where there's transfers to at least have benches in those areas because that's the only real -- the biggest area where we have a congregation of folks. Other areas may not have a bench which may be a side street but we're trying to focus on those crossroads, cross -routes where there are -- where there's a need for benches and making sure those have it first, if they don't have them now. We're asking the vendors not to remove the benches from the old vendor until such a time I have the opportunity to replace it with Sarmiento's benches. Chairman Winton: OK, anything else? Commissioner Gonzalez, you'd like to make some board appointments? 136 February 27, 2003 Commissioner Gonzalez: Yes, I do. Did we voted on this? I don't think so. Mr. Monzon: No we didn't vote on it. Chairman Winton: There's no vote? Was there a vote required? Ms. Thompson: You have a motion on the floor. Vice Chairman Teele: A motion and a second. Chairman Winton: Oh, I'm sorry. So wait a minute, an further discussion on this item? We have a motion and a second. All in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-217 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE AGREEMENT WITH SARMIENTO ADVERTISING GROUP, L.L.C. FOR BUS BENCH DESIGN, INSTALLATION AND MAINTENANCE TO ALLOW SARMIENTO TO MAINTAIN THE $200,000 CASH DEPOSIT IN LIEU OF THE REQUIRED PAYMENT BOND, AND ALLOW FOR THE SUBSTITUTION OF A $100,000 CASH DEPOSIT IN LIEU OF THE REQUIRED PERFORMANCE BOND UNTIL MAY 15, 2004, AT WHICH TIME THE ORIGINAL PAYMENT AND PERFORMANCE BOND REQUIREMENTS SHALL APPLY. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None 137 February 27, 2003 Chairman Winton: Thank you very much. 31. APPOINT ADOLFO RAMOS AS MEMBER OF CODE ENFORCEMENT BOARD. APPOINT FRANK CASTANEDA AS MEMBER OF COMMISSION DISTRICT BOUNDARY COMMITTEE. APPOINT ALBENA SUMMER AND MIRIAM URRA AS MEMBERS OF EQUAL OPPORTUNITY ADVISORY BOARD. APPOINT MARIANO CRUZ AND MANOLO REYES AS MEMBERS OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. APPOINT GUILLERMO REVUELTA AS MEMBER OF PLANNING ADVISORY BOARD. APPOINT CARLOS MARTELL AND MIGUEL A. GABELA AS MEMBERS OF ZONING BOARD. APPOINT JACK BLUMENFELD, WILLIE CALVINO, BRENDA MARTIN SHAPIRO AND REV. WILLY LEONARD AS MEMBERS OF COMMUNITY RELATIONS BOARD. Chairman Winton: Commissioner Gonzalez. Commissioner Gonzalez: Yes, Mr. Chairman. With all due respect, I would like to request the opportunity to make some appointments to some boards. The reason is we don't have another meeting until March 27th and I've been told that the boards are not having a quorum, so on the occupational license -- OK we already did that. On the Code Enforcement Board we appoint Adolfo Ramos. Chairman Winton: Why don't we -- can we go through all of his and do it in one motion? Put it in one motion, for different boards? Commissioner Gonzalez: For different boards? No. OK. Chairman Winton: No, so we need a motion for each board? OK. Commissioner Gonzalez: OK. So, Adolfo Ramos for Code Enforcement. Chairman Winton: Need a second, Joe. Commissioner Sanchez: Second. Chairman Winton: OK. We have a motion and a second. Discussion? Being none all in favor, "aye". The Commission (Collectively): Aye. 138 February 27, 2003 Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-218 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD. Note for the Record: Commissioner Gonzalez nominated Adolfo Ramos. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Commissioner Gonzalez: OK, Commission District Boundary Committee, Frank Casteneda. So move. Commissioner Sanchez: Second. Chairman Winton: Got a motion and second. Discussion? Vice Chairman Teele: Who'd you appoint? Chairman Winton: Frank Castaneda. Commissioner Gonzalez: Frank Castaneda, my Chief of Staff. Vice Chairman Teele: Second. Chairman Winton: Discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 139 February 27, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-219 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMISSION DISTRICT BOUNDARY COMMITTEE. Note for the Record: Commissioner Gonzalez nominated Frank Castaneda. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Commissioner Gonzalez: Community Relation Boards. Jack Blumenfeld and Willy Calvino. So move. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-220 A MOTION APPOINTING JACK BLUMENFELD AND WILLIE CALVINO AS MEMBERS OF THE COMMUNITY RELATIONS BOARD. Note for the Record: The essence of this motion is incorporated as part of Resolution 03-226. 140 February 27, 2003 Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Commissioner Gonzalez: Equal Opportunity Advisory Board. Albena Summers and Miriam Urra. So move. Vice Chairman Teele: Second. Chairman Winton: Motion and a second. Discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION 03-221 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD. Note for the Record: Albena Summer and Miriam Urra were nominated by Commissioner Gonzalez. 141 February 27, 2003 Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Commissioner Gonzalez: Homeland Defense Neighborhood Improvement Board. Mariano Cruz and Manolo Reyes. So move. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-222 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD. Note for the Record: Mariano Cruz and Manolo Reyes were nominated by Commissioner Gonzalez. 142 February 27, 2003 Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Commissioner Gonzalez: Planning Advisory Board. Guillermo Revuelta. So move. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-223 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE PLANNING ADVISORY BOARD. Note for the Record: Commissioner Gonzalez nominated Guillermo Revuelta. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None 143 February 27, 2003 Commissioner Gonzalez: Zoning Board. Carlo Martell and Miguel A. Gabela. So move. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Discussion? Being none all in favor, "aye". The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-224 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD. Note for the Record: Commissioner Gonzalez nominated Carlos Martell and Miguel A. Gabela. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Commissioner Gonzalez: Thank you, Mr. Chairman. Commissioner Regalado: Mr. Chairman, I have one appointment. Chairman Winton: I'm sorry? Commissioner Regalado: I have one appointment for the Community Relations Board. Chairman Winton: OK. Commissioner Regalado: Brenda Martin Shapiro. 144 February 27, 2003 Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION 03-225 A MOTION APPOINTING BRENDA MARTIN SHAPIRO AS A MEMBER OF THE COMMUNITY RELATIONS BOARD. Note for the Record: The essence of this motion is incorporated as part of Resolution 03-226. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Commissioner Regalado: Thank you. Chairman Winton: OK, I would like to appoint the Reverend Willy Leonard to the CRB (Community Relations Board) Board. Commissioner Gonzalez: Second. Vice Chairman Teele: So moved and seconded. Is there objection? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chairman Teele: Those opposed have the same right. 145 February 27, 2003 The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION 03-226 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD. Note for the Record: Commissioner Gonzalez nominated Jack Blumenfeld and Willie Calvino. Commissioner Regalado nominated Brenda Martin Shapiro. Chairman Winton nominated Rev. Willy Leonard. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Chairman Winton: Thank you. 32. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT PROTEST OF GREENBERG TRAURIG, P.A., ON BEHALF OF Aon RISK SERVICES, INC., IN CONNECTION WITH REQUEST FOR LETTERS OF INTEREST (RFLI) NO. 02-03-032 FOR PROVISION OF INSURANCE BROKERAGE SERVICES FOR DIVISION OF RISK MANAGEMENT. ACCEPT RECOMMENDATION OF MANAGER APPROVING FINDINGS OF EVALUATION COMMITTEE PURSUANT TO RFLI NO. 02-03-032, THAT MOST QUALIFIED FIRMS TO PROVIDE INSURANCE BROKERAGE SERVICES IN RANK ORDER ARE: (1) BROWN AND BROWN, INC., (2) SUMMIT GLOBAL PARTNERS, INC., AND (3) ARTHUR J. GALLAGHER AND COMPANY; AUTHORIZE MANAGER TO NEGOTIATE PROFESSIONAL SERVICES AGREEMENT, WITH BROWN AND BROWN, INC., $110,000; AUTHORIZE MANAGER TO NEGOTIATE AGREEMENT WITH OTHER FIRMS IN EVENT NEGOTIATIONS FAIL WITH TOP-RANKED FIRM. Chairman Winton: OK. We can -- the folks from Aon are here, and what item is that? Vice Chairman Teele: Federal case. 146 February 27, 2003 Chairman Winton: 12 and 13, so let's go to Item Number 12. Mr. Manager and Mr. City Attorney, would you clarify for us what our task is here today relative to this issue? Alejandro Vilarello (City Attorney): With regard to Item 12, the Manager's recommending that the rejection of the bid protests received on this RFLI Number 02-03-032 with regard to insurance brokerage services. Chairman Winton: Is this a public hearing? Mr. Vilarello: Yes, it is. Chairman Winton: OK, and now as it relates to the public hearing, what information -- can we limit the discussion to the issue related to the protest? Mr. Vilarello: No, the protest is to the procurement process, so the appropriate discussion on Item 12 are issues related to the appropriateness of the procurement process. Chairman Winton: OK. Mr. Vilarello: As opposed to, for example, business issues related to the decision that you'll reach on Item 13. Chairman Winton: OK, so -- Commissioner Sanchez: Before we do that, I have two questions. Chairman Winton: Yes. Commissioner Sanchez: Mr. Chairman, if I could be recognized for two questions. These -- we're dealing with two compartments -- components. We're dealing with two components here. We're dealing with casualty and property. We'll be -- the City will be having a savings on both of these compartments, correct? Stuart Myers: That's correct, sir. Commissioner Sanchez: OK. My other question is, once you bring in a new broker, would we be able to obtain the same coverage or a better coverage for the City? Mr. Myers: Yes, sir. Commissioner Sanchez: Thank you. Chairman Winton: OK, so this is a public hearing. I'd like to open the public hearing. Mr. Knox, I'm assuming you want to speak on this issue. George Knox: Yes, sir. 147 February 27, 2003 Chairman Winton: You're recognized. Mr. Knox: Thank you, Mr. Chair, and members of the Commission. My name is George Knox. I'm an attorney with offices at 150 Southeast 2nd Avenue. I will be joined shortly by Mr. Steve Brodie, who's a member of the law firm of Carlton Fields, who will -- who's joining in this protest. Joining us also is Mr. Luis Sastre, who's the principal of Aon Risk Services, Inc. It is our intention to make a case on the record and to adopt and incorporate the protest documents that were filed prior to your last meeting from which this meeting was deferred. It is the contention of Aon that the selection process and, more particularly, the deliberations of the Selection Committee, resulted in a recommendation that was arbitrary and capricious, and that the deliberations were a legal sham and resulted in a miscarriage of justice. In my presentation, I will rely upon a letter, which was addressed to previous counsel from your Acting Purchasing Director, Mr. Michael Rath, which is dated February 12, 2003, and that letter is in your back-up. I will also rely upon the transcript of the Evaluation Committee meeting, which was held on January 24, 2003. I'll refer to that a little bit later, but at this time, I'll take the opportunity to proffer that transcript to the Clerk, and ask her if she would please distribute it to you. Mr. Chairman and members of the Board, we intend in this presentation to establish that the City's Acting Purchasing Director has admitted that the Selection Committee knew that the process was a sham process. We will establish that your City staff, who served as a facilitator, also knew that the deliberations were a sham. We will establish the fact that a member of the Selection Committee willfully, knowingly, malevolently, improperly, intentionally, deliberately, and successfully imposed his subjective will and personal preferences on the members of the Committee, and that that person manipulated the process in furtherance of that person's personal preferences and achieved his improper objective. Upon a review of the record, it could easily appear that the logic of the Selection Committee, lead by one of its members, had a motive. I call it the ABA Motive, Anybody But Aon. I'm reminded, when I look at the record and examine the words and conduct of this member of the Selection Committee, of a story that was told by Richard Pryor, who is a comedian. Mr. Pryor talked about being caught in a very compromising position by his wife. He was engaged in an act of infidelity and she caught him red-handed and, of course, his first impulse was to deny the accusation, and he persisted in denying until he finally said, "Well, who are you going to believe, me or your lying eyes?" And so the characterization of the conduct of this member of the Selection Committee invites you to examine the record and decide whether you're going to believe him or whether you're going to believe your own eyes. The matter resembles, in many respects, one of these five-minute soap operas that I know all of you are too young to know anything about, that used to appear on the radio. The cast of characters for this soap opera were: the facilitator, who was a member of the City Staff, and who dutifully and desperately tried to do her job without compromising the process. Then there was the consultant, who was a voting member, a voting member of the Selection Committee, in spite of the fact that he was compensated, and he came from outside of the City and, of course, was not accountable to the City in whatever remarks or conduct he displayed. The next member of the cast of characters was a Committee member, who served as chair of the Selection Committee, and he introduced himself as an advisor to the mayor. Now, these -- and the third member of the Committee, I'll call the other member, and I'll speak about him a little bit later, but the importance of the identities that were expressed on the record by these two Committee members gives rise to a reasonable, a reasonable inference that there was a coded message that was being delivered by the parties who identified themselves. The 148 February 27, 2003 consultant held himself out to be an expert and, therefore, he knew all of the answers, and they should -- the Committee should rely upon him and his opinions because of the power of his expertise. It's also fair to infer, without making any accusations at all, it's fair to infer that when a person identifies himself or herself as an advisor to the mayor, that that person is acting as an agent of the mayor; and it's fair to infer, therefore, that that person's conduct can be construed as representing the will of the mayor. We suggest that at the very beginning, at the very introduction to the deliberative process, when these parties identified themselves in such a manner, then the independent judgment of the entire committee was impaired. I would like to take this time to refer to portions of the transcript that has been provided for you in our five- minute soap opera. It begins with "Good morning." The facilitator opened the meeting. The parties were allowed to identify themselves. Party number 1 identified himself He gave his name and said, "I'm a Risk Management Consultant for the City of Miami." The other member identified himself only by name. The Chair of the Committee identified himself as Advisor to the Mayor. I'm on page 3. The facilitator turned the meeting over to the Chair for a discussion. "Hello, Consultant, would you like to start out"? And the Consultant responded, "Sure, I would, absolutely. Thank you very much. I have reviewed all four proposals. In evaluating their proposals and my knowledge of the overall performance in the market place, I have done some preliminary scoring," and he went on to announce his scores in the presence of the other members, one of whom had not even scored his evaluation sheets, and at the end of his scoring, he says, "Aon's poor assignment points in this category is based directly on my experience in dealing with them, since I've been doing consulting work for the City of Miami, so I'm not happy with how they've responded to me for information and various other things." The significance of that statement is that at the previous meeting, when the Committee members received their charge, they were specifically instructed to confine their deliberations and their analysis to the four corners of the proposal, and so this was surplus language calculated and designed for this person to express some form of expertise, and to let the other Committee members know how he scored before they had even finished their scoring. On the next category, this consultant said, "I've rated Aon again, very low, based upon what I've seen; what they've done with the property last year in other areas of the program for the City, where they've actually left the City naked and haven't even done routine renewals." But there's nothing in the fact to support these statements, at all. As a matter of fact, there was nothing in this process that would even warrant those statements. After the consultant announced his scores to the other members of the committee, the facilitator thanked him and he reminded the Committee -- and I'm quoting directly from the transcript as it appears on page 4 -- "And I'm negotiable. And I'm negotiable," followed by laughter. Then the other member that I referred to was asked to tabulate his scores, and the transcript reflects that the other member had not previously tabulated his scores. As a matter of fact, that other member said, "No, no, no, no, no, I can't do it right now. I'm doing it now. I don't know what I did with my copy," and the facilitator says, "Do you want to then pause at this time and kind of, and kind of go off the record until you finish so that we can go back on the record and you can read us your scores?" So now we have this third member having heard what the purported experts had to say about the scoring, who admitted that he had not done scoring prior to the time that he heard it, who was allowed time off the record to tabulate his scores, and there's nothing in the record to indicate what conversations or what took place while they were off the record during an open and public selection process. When they went back on the record, this other member announced his scores, and then the Chair announced his scores, and the Consultant, based upon the scores that the Chair had announced, said, "Oh, were you 149 February 27, 2003 copying my numbers?" And there was more laughter. We don't find too much funny about the fact that it appears that the parties were engaged in what we can fairly call "funny business." We don't know because there was no record of what took place, while the deliberations were off the record. Now, there was also an allegation in the original protest which suggested that the scoring matrix, the methodology of scoring was incorrectly applied by the members of the committee. As a matter of fact, it was the expert who skewed the whole scoring mechanism. There was a matrix where a number of maximum points were available in each category, and the objective was that the each individual applicant would score against this maximum number of available points, much like a boxing match: Ten rounds, maximum ten points for each round, and each boxer then would be scored against the ideal of 10 points, and that was the expectation in this selection process. Instead, the consultant led the committee to divvy up the maximum number of points so that he thought that 20 points were available to be distributed between the competing interests. Now, this skews everything because the end result of that process is that the committee pitted one application against the other when, in fact, they were supposed to pit the applications individually against the maximum scoring available for each category in the scoring matrix. The result of that is that there was an unfair distribution of the points, and this operated especially unfairly against Aon. I would like now -- oh, before we go on, the dutiful and diligent facilitator, who's a member of this City staff, had some question about the scores, once they had been tabulated in this incorrect manner, and I return to the transcript. The facilitator said, "Any discussion of the scores?" And the consultant said, "What do you want us to discuss?" The facilitator said, "Well, my issue would be, you had a hun -- total of a hundred points. From a purchasing standpoint, your average score is 31 points. Are you even going to recommend a number one ranked firm with 31 points out of 1007 The consultant said, "Why would you asked that question?" Well, the facilitator asked that question because she was kindly trying to indicate that they had screwed up the scoring process, and even if you use that scoring process, would you recommend to the City Commission a matter of this importance when the winner only scored 31 against a 100 points? Now, most importantly in this transcript, in spite of the fact that the scoring matrix was erroneously applied, in spite of the fact that the consultant used his influence to dominate the thinking of the members of the committee, it was that same consultant during that same meeting who said -- and I quote -- "It will be my desire to actually meet these people and get some, perhaps, direct responses from them as to how they plan on doing what they need to do at those numbers." Now, that is the important part of it. The important part of the process was not to decide and determine how much commission or how much fees were going to be paid to the winning bidder. The ultimate important consideration should have been, how much is it going to cost the taxpayers and the citizens of the City of Miami in order to receive the coverage that was contemplated by the engagement? There's nothing in the record to indicate that the parties were ever required, expected, or asked -- even the recommended parties - - to say how much is it going to cost the taxpayers? Commissioner Sanchez just asked a question. We don't necessarily agree with the answer that was given. We don't know whether or not the rates that are currently in place for property and casualty would be higher or lower because there's nothing in the record to indicate that any of the parties, except Aon, in connection with this protest, even gave the City information about the extent or costs of the coverage. Now, having this transcript available and having the protest available, your Acting Purchasing Director wrote a letter to the law firm that originally submitted the protest, and once again, this is a demonstration of commitment and intellectual honesty on the part of your City staff, but I ask you to please consider what was said in that letter, and again, I'm quoting. "The 150 February 27, 2003 scoring of firms was determined based upon independent subjective scoring by the individual Evaluation Committee members." I'll read it again. "The scoring of firms was determined based upon independent subjective scoring by individual Evaluation Committee members," and again, your staff is telling you that the process was not objective. The process was in danger of being unfair because the consideration was subjective and subjective means what goes on inside of the mind of the individual, not necessarily based upon external facts or external factors, and so in the first paragraph, where he responded to the protest, your Assistant Purchasing Agent said, "This was a subjective process." Further in the letter, the Acting Purchasing Agent said, "That the decisions were not based upon personal preference or bias." But that defies the definition of the word subjective that he, himself, used. As to another item in the protest, there was a question about the scoring system. The Acting Purchasing Director answered that question by saying, "The request for letters of interest did not prescribe the scoring system or format for the evaluation of responses." Yeah, it was subjective because they didn't even have any guidance about how to use the scoring matrix. This Purchasing Department prepared an evaluation form, with the total value of 100 points for use of the committee, if desired. As no clear direction was provided to the committee for the use of the scoring system, the committee individually scored the firms based upon their on interpretation, which was wrong, of the form. Had the committee not interpreted the form in a consistent method, more direction would have been provided by the Purchasing Department, so once again, what your Purchasing Director is saying again is, yes, they did it wrong, but they did it consistently wrong and, therefore, no harm, no foul. I'm almost through. Chairman Winton: Good. Thank you, sir. Mr. Knox: And so the point that I would like to make is three wrongs do not make a right, and I'll close and turn the microphone over for Mr. Brodie by asking you, simply, number 1, in light of all of the evidence, that the selection process was tainted, was skewed, was subjective, was based upon not following standards and instructions from the facilitator, resulted in patent unfairness of maldistribution of the points associated with the evaluation process, that you disregard the committee reports entirely, and ask the pertinent questions of your staff related to savings to theCity citizens, if possible, and what evidence is there that there would be savings if, in fact, you utilize companies other than the one that you've been satisfied with for the past 12 years? Thank you, and I'll turn the microphone over to Mr. Brodie. Steve Brodie: Thank you, Mr. Knox. My name is Steve Brodie, and I'm a lawyer with the law firm of Carlton Fields, located at 4000 International Place, 100 Southeast 2nd Street, Miami, Florida. Let me state that we have reviewed the protests filed by the law firm of Greenburg Traurig, and while it's clear, in our opinion, that the actions of the committee were arbitrary and capricious and improper and that any court of competent jurisdiction would so find that Aon wants to do more than just go ahead and try to delay this process, but we have, over the last two days, sent letters to the City Manager and had suggested other ways of approaching this that would remove -- Mr. Vilarello: Mr. Chairman, if I may. Chairman Winton: Yes. 151 February 27, 2003 Mr. Vilarello: To Mr. Brodie, the item before the City Commission at this point is the bid protest. Any issues that you want to bring forward unrelated to the bid protest, the substantive portion of the award of the bid, should be considered at the next item. Mr. Knox has argued the issues with regard to the bid protests. Unless you have something to add to that argument, I think your comments are out of order at this time. Mr. Brodie: Thank you. I understand what you are saying, but I do want to just state for the record, because of the subjective nature and because of the ultimate concern that what we are really looking for, as I understand the process, is to get the City the best insurance at the best price, and there are things that -- Mr. Vilarello: Mr. Brodie, I'm sure the Chairman will entertain your comments at the appropriate time. Mr. Brodie: Let me then just state that I will not repeat what Mr. Knox has said. I was going to address the other options, and the reason why Aon has taken this position, and let me just state -- because I do think it's important -- that both commentaries made on the record, things made to the paper by the City Manager, others questioning Aon's competency is really the reason why Aon is here today, to defend itself. To say to the board, and what I think is important that maybe was not mentioned, as part of the protest Aon included in exhibits which demonstrates that from year 1995 to 2001, it achieved a savings for the City of 45.5 percent of the premiums every year, I believe, but one. Over that six-year period, there was substantial savings of premiums and, as a result to the decrease in premiums, Aon's commissions were reduced, and the comments that were made in respect to Aon -- Chairman Winton: Mr. Brodie. Mr. Vilarello: Mr. Brodie, I think that we're trying to provide you some leeway. However, that certainly doesn't go to the issue before the Commission right now. Mr. Brodie: Thank you. Chairman Winton: Mr. Manager. Joe Arriola (City Manager): To respond to Mr. Knox. Pam Burns: Mr. Chairman, members of the Commission. My name is Pamela Burns. I'm the Senior Procurement Contracts Officer with the Department of Purchasing, and the so-called dutiful facilitator in this process. I have been working in Purchasing handling RFP (Request for Proposals), RFQ (Request for Qualifications), request for Letters of Interest processes for over seven years, and I have handled over 100 of these processes. To my recollection, this is the first time any of those have ever come to you as a protest. In fact, they are routinely approved because I do my processes consistently; they are done right, and they are done by the book, and I will stand by this process being handled the same way in this process as the one that you approved this morning in my other RFQ process for the Emergency Management Plan. They 152 February 27, 2003 were all done the same way. I take offense to somebody that's saying that the processes were not handled properly. I have ownership on every single process that I handle, and I'd like to actually contest some of the issues. I wasn't here last time. Some allegations were made about what Pam Burns was saying. Pam Burns wasn't here, but Pam Burns did not make some of the statements that were alleged. Some of the allegations that you mentioned about the outside members of the committee, it is a City requirement that every single one of these committees have outside membership. They must be experienced, they must be knowledgeable in the field, and they must be non -city employees, so when you say you have three members who are non - city, that's correct; they should be non -city. If we had had -- we might have had some other City members on there, but we require to have non -city members. I'm going to go through some of the allegations that were made last time, because I do want to capture some of those elements and kind of go up to this. You had alleged -- Aon had alleged last time that there were some poor references that were submitted by the number one ranked firm, and what they failed to mention -- what I would call "what was said" -- was that Brown and Brown did not have very good references, but Aon's were excellent. What they failed to say was that Brown and Brown did, in fact, have an excellent reference. In fact, that reference says, they would hire them again without a doubt, and that Brown and Brown saved the day. You didn't hear that part; you only heard the other. Talk about where the tape recorder was left off. You know, I wanted to point out that every single one of my processes are publicly noticed; it's advertised in the paper, open for anybody to attend. My very first meeting, we had Mr. Sastre. He was there. He attended our first meeting. He knew what occurred. At that meeting, we established the second meeting date. Mr. Sastre did not show up. I don't know why, but it was interesting what you didn't hear was that someone else did. We had another representative from another firm who showed up. They were there that whole meeting, but they didn't say that. The tape recorder was turned off. We sat there. We did not move. We did not talk. We did not leave, and I can attest to that and so can -- we have that independent third party, if you want to ask that person. You know, there's a lot of allegations made about this tape recorder. I don't know if you want to sit and listen to, you kow, five or ten minutes of dead time, but that's what happened, but we did have another witness there. Aon chose not to be there that day, but you didn't know that. The committee members so- called collaborated on the scoring. What you didn't know is, when Mr. Patillo said his scores, and I turned off the tape recorder, and Mr. Fixler had to do his scores because he could not find his score, he was fumbling around. He had already scored. He could not find his paper. He, again, rescored in that time. Mr. Myers, sitting next to me, had already scored. His sheet was there. His pen was down. He was not rescoring. It was already done. I don't know how Mr. Fixler could remember all of these numbers, so that you could come up with a total that was alleged. Overall qualifications. You talk about the scoring mechanisms. I went back and re- evaluated. You have a big emphasis on points. We had about five categories, and I kind of want to highlight some of those. Overall qualifications of the firm: Gallagher rate number 1 across the board with all three members. It wasn't Brown and Brown. It was Arthur J. Gall -- it was Gallagher, so I mean, if there was a conspiracy, you would think that Brown and Brown would be number one. They weren't; Gallagher was. The next criteria was strategy to represent the City. Gallagher, again, was ranked number 1, but there were some ties involved with the two other members. There was a tie for Gallagher and Brown and Brown and Summit, and then there was a tie for second place on the same. Aon ranked four. What you're not hearing is that there were three firms consistently ranked above them; that consistently changed in rankings. Marketing experience: Mr. Patillo: There was a tie between Summit and Gallagher. Mr. Fixler: 153 February 27, 2003 There was a time between Summit and Gallagher, or Gallagher rate second in that case. Mr. Myers ranked Gallagher first. There was a tie between Brown and Brown and Summit. If there is so-called conspiracy, you would think that one firm would consistently rank first, and that did not occur, and price was a factor. I know that we talked about price last time. Aon was three - times higher than the low price. Aon's price was 300 and -- over 300,000, and Brown and Browns is 106,000 and change. That was three times higher. Price was a factor and, therefore, Aon ranked number 4 because they were the highest. Then I want to cover some of the other allegations that were indicated today about the so-called screw up. My processes are consistent. I did not say that they screwed up, and I will never say that they screwed up. The scoring was consistent. I did not see in that room, as I -- handled with every single one of my processes, that there was any partiality in any way, and I will stand by the process and by the recommendation made that day. Thank you. Mr. Vilarello: Mr. Chairman, in your agenda, you have the response of the Procurement -- Chief Procurement Officer to the protest, dated February 12, 2003, and that should be made part of the record, as well as the Manager's acceptance of the Procurement Officer's recommendation, and my sign -off as to the protest being without merit. Chairman Winton: So -- Mr. Vilarello: Your options, at this point, are to approve -- to accept the protest, as presented by Mr. Knox, or to reject the protest, as recommended to you by the Chief Procurement Officer and the City Manager. Chairman Winton: So -- Mr. Brodie: Do I have time for rebuttal, by chance? Can I -- Is there any time for rebuttal? Can I rebut some of the statements made? Chairman Winton: Well, I mean -- I'm only -- if -- if it's required legally, yes. If it isn't required legally, no. Mr. Vilarello: There's no mandate for rebuttal -- Chairman Winton: No -- so -- Mr. Vilarello: -- in (UNINTELLIGIBLE) protests proceedings. Mr. Brodie: Usually, the -- Chairman Winton: I just asked our City Attorney, so the answer is no. This is -- we've had -- this has gone on for hours now, so -- Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir. 154 February 27, 2003 Commissioner Gonzalez: Mr. City Attorney, I don't know if I just understood correctly what you just said. You said that the -- according to your legal opinion, the protest has no merit. Mr. Vilarello: On a legal basis, the protest has no merit. The Chief Procurement Officer makes a determination, a point -by -point rebuttal to each of the issues on the protest. It was a timely filed protest. However, in my opinion, it is without merit. Chairman Winton: So we need -- Commissioner Regalado: I move to reject the protest. Commissioner Gonzalez: I second it. Chairman Winton: I'm sorry. What was your motion? Commissioner Sanchez: To reject. Commissioner Regalado: To reject. Chairman Winton: To reject the protest, so we have a motion -- Commissioner Sanchez: Mr. Chairman. Chairman Winton: -- and a second on rejection of the protest. Commissioner Sanchez. Commissioner Sanchez: Just a discussion. Based on the testimony given hereby both parties today, and after reviewing all these documents, I think that Aon is an excellent company. They served this City for 12 years with pride. We are in the process now -- and I will continue to say this -- it's not pertaining to Aon, but there's been a lot of companies that have done business with the City that have taken advantage of the City's generosity. In some cases, taken advantage of the City's lack of management in the past, so you're going to start seeing now -- and I made a suggestion, to start reviewing a lot of these contracts, because every time that you open up the doors for competition, you are going to get a better price and, most times, you're going to get a better savings, so I just want to state that for the record because, you know, it's hard to let go of a company that's provided service for 12 years to this City, but I think that, you know, we're going to have the City Manager go out there and try to do what's right for this City. You know, you can't send a soldier out to war without bullets. and I think that it's important that we support the Administration based on the statements that have been made here today, and so I am prepared to support this resolution, but I -- for the record, I will amend the next resolution coming up. Chairman Winton: And I would like to add two points. One is to echo what you just said, Commissioner Sanchez, in terms of Aon. Aon's a fabulous company. I hope that, in the future, we're able to business with Aon again. They're an outstanding, upstanding, wonderful corporation. They happen to actually lease office space in the City of Miami, and we're happy that they're doing that and, again, I hope that we have an opportunity to work with Aon again in 155 February 27, 2003 the future. My second point is that I, too, am going to support the rejection of the bid protest, and there's another reason why I'm doing that, and that is this kind of debate goes on at the County constantly, and at the City of Miami, while -- and it's pretty clear to me that I think we haven't made any mistakes, but that isn't to say that staff won't, in the future, or hasn't, in the past, made some mistakes and, hopefully, we learn from those errors, but if we get into the business of encouraging every single vendor that is doing business with us to protest the bid process, then we will spend hours and hours and hours and hours at each Commission meeting just talking about bid protest stuff, so I would not have supported re -opening this process unless it was proved that what staff was doing was virtually illegal. I mean, that's what the kind of action it would have taken to get me to go against staff recommendation, and it's been consistent since the day I got here, and we've had very few real protests since I got here, and we haven't had a process going on where the lobbyists are coming to see us at City Hall all the time. They just don't -- and people representing other companies, that just doesn't happen, and so -- and I'm thrilled it doesn't. We're able to move on and get business done, so those are the only two points that I wanted to make, so we have a motion and a second. Do we have any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Commissioner Gonzalez, you want to vote on this? Commissioner Sanchez: You want to vote on it? Chairman Winton: We said, all in favor, aye. We got three ayes. I just asked, if you wanted to vote. Commissioner Gonzalez: Aye. Chairman Winton: OK. Opposed, like sign. The motion carries. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-227 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF GREENBERG TRAURIG, P.A., ON BEHALF OF Aon RISK SERVICES, INC., IN CONNECTION WITH REQUEST FOR LETTERS OF INTEREST NO. 02-03-032 FOR THE PROVISION OF INSURANCE BROKERAGE SERVICES FOR THE DIVISION OF RISK MANAGEMENT, AS SUCH PROTEST HAS BEEN DETERMINED TO BE WITHOUT MERIT. 156 February 27, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. Chairman Winton: What's the next item? Priscilla A. Thompson (City Clerk): 13. Mr. Vilarello: Item 13 is the Manager's recommendations with regard to the award of the insurance brokerage services to Brown and Brown. Commissioner Sanchez: Mr. Chairman? Chairman Winton: Yes. Commissioner Sanchez: I would like to make the motion and open it up for discussion. In other words, recommend the City Manager's recommendation of Brown and Brown. Chairman Winton: OK, so you're making the motion? Commissioner Sanchez: But I need a second. Chairman Winton: Commissioner Regalado, you want a second for discussion? Commissioner Regalado: What did you do? Commissioner Sanchez: We're awarding Brown and Brown. Commissioner Regalado: I can't hear. I don't know. Commissioner Sanchez: We are awarding Brown and Brown, the -- Chairman Winton: He is moving the Manager's recommendation on Item 13. Commissioner Regalado: OK, I'll second. Chairman Winton: OK. Discussion. 157 February 27, 2003 Commissioner Sanchez: OK. On the discussion, the recommendation of the administration is for a one-year, with an option to extend for four additional years. I would like to amend this for one-year, with an option for another year, and I'll tell you why. I think, we need to start -- if we're going to start rebidding all these things, then I think it's an excellent move for the City. It is a part of one of the first steps you take to reform, you know. One of the things we do is, we can't continue to tie ourselves for long term deals. Let's give them a year, with an option for another year, and then to review them -- evaluate them and then, if they're -- if we're satisfied with their services, then we'll bid it back out and we'll go through the process again, and then we'll award them again, but I think that we need to start shying away from doing these long-term deals because, you know, the first couple of years we're OK and then, you know, the prices go up, so that is my amendment to this resolution -- or this ordinance. No, it's a resolution, sorry. Chairman Winton: Any other comments? Would you like to -- I'm sorry. Mr. Brodie: Steve Brodie. Chairman Winton: Mr. Brodie, right? Mr. Brodie: Yes. Chairman Winton: I will give you an opportunity, as City Attorney said, to make just a brief comment on this particular segment. Mr. Brodie: I appreciate it, Chairman. I think it's important -- and I don't want to get into too much detail, but there are certain facts that I think are incumbent upon you to be aware of and it's part of Aon's obligation to make you aware of it. The first fact is that the property portion expires May 1st. Aon has already had discussions with the insurer, the provider, and has a commitment of savings of $800,000. Two, your casualty portion, which expires October 1, 2003. However, when Aon solicited that insurance product for the City, it was able to get a commitment of a flat fee for three years. The third year of that commitment is October 1, 2003 through 2004. Aon has determined that it believes -- and I think it's important for you to be aware of two things: One is that that product -- that insurance policy is no longer available on the marketplace with those same terms and conditions. In other words, the City has a broader policy. Two, to go ahead because Aon secured a fixed fee or fixed price for three years, to go out and commit to either Brown and Brown or anyone else out there that it will cost probably at least $200,000 more for the casualty portion, if you permit someone other than Aon to go ahead and procure that. The insurance company that made that commitment to Aon has stated -- and it's part of our response -- that that commitment is so long as Aon remains the broker, so if Aon is not the broker of the casualty, I just want the City Commissioners to be aware that based upon everything Aon's been able to determine, you're not going to find a policy as broad, and any policy you do obtain will probably be $200,000 more expensive, so I wanted you to be aware of these two different timeframes because it is an option, if you so desire, to go ahead and let Brown and Brown proceed with the property and remove the casualty portion for a separate RFP to really look at what's in the City's best interest. Because I believe, if you did that -- and I use the analogy, you're negotiating a commission for a car salesman without looking at the price of 158 February 27, 2003 the car, and at the end of the day, the price of the car may far exceed whatever savings you think you may be getting by negotiating down the commission to the car salesman. Chairman Winton: Thank you. Mr. Manager. Mr. Arriola: If you would allow me to recognize Stuart Myers. Stuart Myers: Hi. Hello. My name is Stuart Myers. I live at 119 Thorton Drive, in Palm Beach Gardens. The issues raised by the gentleman there, I think are inappropriate at this time. We did an RFLI that was for the entire insurance brokerage; that was the process that everyone went through, and that's what was bid on by Aon, as well as Brown and Brown, and the other two respondents. I suspect that if Aon had won, they wouldn't have suggested that they go out to bid again on the liability portion. Second of all, I believe a broker record letter for the casualty placement will, in fact, get that deal for the City. Although, I'm not convinced that at all that we wouldn't be able to -- that Brown and Brown will not be able to improve on that placement when they go out into the marketplace. The Brown and Brown people are here and are certainly capable of speaking for themselves, if this is a public forum. Chairman Winton: OK. We have a motion and a second on the table. It's a modified -- we have a motion to -- yes. Thank you. Motion, as amended. Do we have any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 159 February 27, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-228 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO RFLI NO. 02-03-032, THAT THE MOST QUALIFIED FIRMS TO PROVIDE INSURANCE BROKERAGE SERVICES IN RANK ORDER ARE: (1) BROWN AND BROWN, INC., (2) SUMMIT GLOBAL PARTNERS, INC., AND (3) ARTHUR J. GALLAGHER AND COMPANY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT, WITH BROWN AND BROWN, INC., THE TOP-RANKED FIRM, FOR AN INITIAL PERIOD OF ONE YEAR, WITH THE OPTION TO EXTEND THE AGREEMENT FOR FOUR ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $110,000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE OTHER FIRMS, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP-RANKED FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY COMMISSION FOR REVIEW AND CONSIDERATION. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. 33. DIRECT MANAGER, IN CONJUNCTION WITH CHIEF OF POLICE TO INITIATE 90 -DAY PILOT PROGRAM TO ADDRESS SECURITY AND HOMELESS ISSUES AFFECTING BUSINESSES WITHIN PARKWEST ENTERTAINMENT DISTRICT; ALLOCATE $50,000, FROM BUDGET OF COMMUNITY REDEVELOPMENT AGENCY. Chairman Winton: I think that concludes the Regular Agenda and -- so I'd like to. Mr. Vilarello: I request that you recess. Chairman Winton: We'll recess the Regular Agenda and go to P and Z (Planning and Zoning). 160 February 27, 2003 Steve Brodie: Thank you for your time. Chairman Winton: Thank you. Sir? Yeah -- Commissioner Teele. Vice Chairman Teele: With your permission could I just bring the police chief down. I didn't realize they'd been waiting all day. Chairman Winton: Absolutely. Is that on your blue page item. Vice Chairman Teele: Yes, sir. Chairman Winton: Absolutely. Vice Chairman Teele: I apologize. Chairman Winton: So we will reconvene the Regular Commission meeting and go to Commissioner Teele's blue page item. Vice Chairman Teele: Major, is somebody getting the deputy chief? Major Joseph Longueira: Yes, sir, they are. Vice Chairman Teele: Alright. Mr. Chairman, thank you very much. One of the areas and candidly Mr. Chairman, this is your district. It's not my district. Chairman Winton: I understand. I didn't -- that -- I didn't miss that. Vice Chairman Teele: But directly is affected by my constituents. Mr. Manager, to the Chief through the Manager -- Deputy Chief, we have a serious homeless problem in the community. That problem has become extremely aggressive and for the first time we are now being confronted with strong-armed panhandling. I'm trying to be polite about this. It's been reported for the first time, recently -- very recently, in the areas adjacent to Overtown and Park west, the areas between 395 and let's say 8th Street. Where we have had in the past, the Miami Rescue Mission providing services -- the homeless, the Camillus House and unfortunately in violation of City Ordinances, we continue to allow everyone who really wants to do well or feel good about helping, to feed people sort of like you would feed animals under the bridge and that's a direct violation of our ordinance. If a church or an organization wants to bring some people into their home or into their religious facility and treat them like human beings and feed them, we will support that; but feeding people on along the street corner under the bridge just creates another problem because once the people all gather there, there's no mode of transportation to move them back so they tend to congregate. As you are aware, the redevelopment area has had a tremendous explosion of club activity et cetera and they are set now for a major re -launching of several clubs and new clubs being opened up as well as a bowling alley. March and April and May are the three months in which we have national personalities and celebrities that come here for the much maligned I guess Hip -Hop Awards and the things there. That is complicated by 161 February 27, 2003 another problem. Miami Beach is very tough. We don't want to send the signal that Miami is a place where we have permissive policing around our clubs, et cetera. The club owners, the property owners have all come together in the context of the CRA (Community Redevelopment Agency) and they have requested repeatedly more assistance by the police as part of the pilot program, we did the same thing last year I think for 45 days. The CRA Board has approved in principle, the funding for a pilot program for 90 days. These 90 days coincide with re -launching and reopening of major facilities. One or two of them have expenditures, capital expenditures in excess of 3 million dollars. One has an expenditure in excess of 2 million dollars and we're anticipating not only world famous personalities and producers but also a lot of people from the news and entertainment magazine, TV magazine that cover this. I've conferred with the Chief, I think the Chief has a clear understanding of the problem and the problem Mr. Manager, is complicated by the Pottinger case and it's also complicated by the underlying factor in the Pottinger case if you don't have beds the activities that the police department can take are much more restrictive, so what I'd like to try to get on the record at least and pass this resolution requesting in conjunction with the Chief to initiate a pilot program and to seek the reimbursement from the redevelopment authority. Whether or not, you all can support and you recognize the need that has been outlined, particularly by the property owners in the community. Frank Fernandez: Good afternoon, Commissioner. Yes we have a comprehensive plan -- Vice Chairman Teele: Your name for the record. Mr. Fernandez: Frank Fernandez, first time. Vice Chairman Teele: Deputy Chief. Mr. Fernandez: Deputy Chief, Frank Fernandez, Miami Police. Vice Chairman Teele: Frank, and I'm real happy to see you down here, sir. Mr. Fernandez: Thank you, sir. We do have a comprehensive plan to address that issue with the homeless in that area. We do have a budget outlined for that period of time of March through the end of May. We're looking to put bicycle officers out there. The second component that we're assessing now is our personnel in the Downtown area to see if we can come up with additional personnel to put on bicycles, outside of the hours we've outlined here during the entertainment time, to address the issue of our tourists getting off the 836 expressway and confronting someone washing their window, so we want to increase that high visibility there so when the tourist get here from out of the state, the perception is positive and not a negative perception. Vice Chairman Teele: Mr. Manager -- thank you very much, Deputy Chief. Mr. Manager, one of the mistakes that the City of Miami made in my opinion, when we opened the old arena, the Miami Arena; is that we didn't have enough policing 24/7 around the arena. Folks would come down -- and this is what Wayne Huizenga told me once, people would come down for example from Palm Beach or Boca Raton to buy -- to go to the arena. The wife would say to the husband, "Oh, we have a few -- time, before we go shopping, why don't we go by the arena and buy the tickets so we know where we're going?" Well, they get here at 1 o'clock, 2 o'clock; you know 162 February 27, 2003 what they see? You know what the lady says to her husband? "Oh, honey, let's just have dinner instead and go back home." That's a very normal reaction. What I'm suggesting to you is that we can't just wait until the moment these restaurants and clubs are opening. We've got to have a little bit more during this period of time because a lot of people from all over the country, indeed all over the world will be coming here during this 90 day period, especially in the month of March and especially in the month of May and it would be very helpful if you all could work with the NET (Neighborhood Enhancement Team) office in getting more motors or a more comprehensive approach to the squeegee guys, the panhandling is just totally out of control, so do you have any objections to us passing a resolution requesting this 90 day program and requesting that you all seek reimbursement from the redevelopment authority? Mr. Fernandez: No, sir, we have no objections. We look forward to this assistance of what we need and I'm very confident this is going to be very productive and increase perception. Chairman Winton: So you want to move the motion, Commissioner Teele? Commissioner Sanchez: Mr. Chairman? Vice Chairman Teele: I would like to move the motion for discussion. Chairman Winton: OK, got a motion. Commissioner Regalado: Second. Chairman Winton: Got a second. Discussion? Commissioner Sanchez: Mr. Chairman? Chairman Winton: Yes, sir. Commissioner Sanchez: In principle I have no problem with this resolution but I want to tell you this, there are other areas in the community that are also crying the same thing. I mean, Allapattah is crying the same thing, Calle Ocho is crying the same thing, the Pottinger case is really impacted heavily on the entire City. On that other issue, I think there's a lot of businesses on the CRA that through the assistance are now generating a lot of income and I think they also need to play a key factor in providing; whether it be through off-duty police officer, or having more participation in the security of the CRA. So I have no principle -- you know, I'm OK with the resolution, but if the City is going to be putting money towards that area, let me just say that Commissioner Gonzalez, who can speak for himself, is going to say, why not in Allapattah, I'm going to say why not in Little Havana, Commissioner Winton is going to say why not in the Grove and that continues to be a problem. Chairman Winton: You know Commissioner Sanchez, I think -- and I've talked to the chief about this and I think he is going to take a very active role in it because the fact of the matter is that -- that what's happened all too often, the police department has hidden behind Pottinger and used it as an excuse not to do things. There's a lot of things that our police department can do to 163 February 27, 2003 control some of the stuff that's going on this whole homeless situation and the chief, at least in the conversation I had with him, has made an absolute commitment that they're going to re- evaluate everything that the police department is doing relative to homeless. Not going to do anything that violates the letter of the law relating to Pottinger, but they are going to enforce all the laws and rules and regulations that they can enforce that aren't impeded by Pottinger. Commissioner Sanchez: Mr. Chairman, let me speak from experience as a police officer. I did work off duty in Downtown and I worked off duty throughout the entire city. The homeless issue is once you apply pressure and police presence in an area, all you do is divert the problem into another area. That is exactly what's happening. It happened in Downtown, you clean up Downtown, they come over Allapattah, they come over Little Havana, so you know the homeless problem is an issue we should address independently and I know there is a lot of debate back and forth on that and the only issue that I want to make every entertainment district or any area that s coming up in the City of Miami s going to cry out for this service. Vice Chairman Teele: Mr. Chairman? On the motion. Commissioner Gonzalez. Commissioner Gonzalez: I also don't have any problem with Commissioner Teele's resolution, but I will also like to say if you want to see homeless, just go to Allapattah, Northwest 7th Avenue and 14th Street, Sister Theresa. You have a homeless shelter there doesn't even have the permits to be there and if you go there around 8:30/9:00 in the morning you'll see a hundred twenty homeless laying all over the place, OK. If you go on 20th Street you'll see them there. If you go on 17th Avenue in front of Rivera Supermarket, that -- that man is about to close his supermarket because he can't live with it. He can't live with it no more. So you know, definitely -- and let me tell you, we're came back to discuss the problem with the homeless and I'm glad that this discussion took place because I'm going to make sure that I get a copy of this meeting and the things that have been said in here tonight and keep it for the future. I'm going to keep it for the future. I believe that the first thing that the City of Miami should have done long, long, long time ago; and it will be the solution for the entire City of Miami. Not only the solution for Downtown, or for Coconut Grove or for Overtown. It will be the solution for the entire City of Miami is to go back to court and challenge that ruling, OK? Because we have spent half a million dollars here in attorney's fees to remove some panels, some advertising panels and we still haven't won the case here and I bet you this homeless situation is doing the city more harm than a thousand billboards but no one is taking the initiative to say let's go back to court, let's challenge this and I'm going to bring the resolution to request that the City Attorney initiate the proceeding to go back to court and find a definite solution with the homeless situation for the entire City of Miami. Because I ride in Commissioner Sanchez's district and you should go in Commissioner Sanchez's district at 10 p.m. and 11 p.m. and you should go on Southwest 8th Street, an area he's trying to re -develop and he can't do it, because you've got these people doing their personal things in the patios, doing it in the sidewalks, doing it in front of restaurants so hey gentlemen, you know, this is a problem that is affecting everybody and it's not a matter of solving someone's problem and dumping it in somebody else's problem. Let's try to find a solution for the entire City of Miami. Mr. Attorney, I -- like I say, I'm asking you respectfully that you start doing some work on going back to court and challenge this ordinance, because the judge that ordered that didn't live in the City of Miami. He didn't have to live with the homeless problem. He live in the Gables. OK? So he didn't care what happened to the City 164 February 27, 2003 of Miami, but I've been a resident of the City of Miami for over 30 years, for almost -- as a matter of fact 41 years. Forty-one years I've been a citizen of this city, so for the respect of the citizens of the entire City of Miami, we need to go back to court. We need to challenge this because we spend, like I say, we spend thousand of hundreds and hundreds and thousands of dollars on challenging minor, to me, stupid things. We don't address the real issues and the real problems that are affecting the City of Miami. Thank you. Mr. Vilarello: Mr. Chairman? Chairman Winton: Yes, Mr. City Attorney. Mr. Vilarello: It's necessary for me to correct the record. The Pottinger's ruling is a part of the settlement that this City entered into in 1996. This is an agreement that the City entered into with the ACLU (American Civil Liberties Union), Pottinger defendants. This settlement does not say that we can not address the homeless issue. In fact this settlement prescribes how to address the homeless issue and it provides many, many tools for us to do that and I think as Chairman Winton correctly said, the fact that that settlement was entered into doesn't mean that you do nothing with regard to the homeless issue, but you deal with it as the social problem and issue that it is and the police department is very well aware of it. I've briefed the manager on the appropriate methods by which you could address the homeless issue and going through the mandates of the Pottinger settlement, I think that you can achieve those things that you would like to accomplish with regard to addressing the homeless issue. Commissioner Gonzalez: But let me tell you, I don't blame the police department because unfortunately, I think we have about 3,000 homeless in the City of Miami and unfortunately our police force is about a thousand eighty-four men and women. So even if we want to dedicate one officer to each homeless to keep them under control, we can't do that, so it's not their fault. They're doing the best they can, but they get them from the street, they put them in the shelter and five minutes later, they're back on the sidewalk. They take them to Dade County Jail and two minutes later they're back on sidewalks and on the streets of the City of Miami. They take them to Jackson Memorial Hospital to get treatment, they give them a bottle of pills and 20 minutes later, they are out on the street with the bottle of pills. OK, so actually, we're not doing anything and until we find a way, a bigger way, a bigger solution to solve this problem definitely, we're going to be in the same spot. Vice Chairman Teele: Mr. Chairman? Chairman Winton: Yes, sir. Vice Chairman Teele: On the motion, I just want the record to be very clear. This request and action 90 percent will take place in a district that I'm not privileged to represent. It will take place in your district. To my colleague that makes reference to finding the money to solve it citywide, I want to agree with him but again, one shoe doesn't fit all. If you listen to the property owners whose money we are going to be spending, the number one thing they told us when we had the meeting over at Big Time is, what? Security. Whenever we have a public hearing the one thing that the community says that they want us to spend their tax dollars with 165 February 27, 2003 TIF, tax increment funds; is security. The number two thing is parking. Every dollar that will be spent, will be spent by the people who are paying the taxes and in this area, unlike in any residential area in Miami, the taxes have gone up at least five -fold in five years. People that were paying $30,000 a year in taxes are now paying upwards of a $150,000 a year in taxes, and you saw that the other night when you look at the water and sewer issue. These are real numbers. These are not numbers out of the sky. This is being paid for 100 percent by the property owners and if you want to raise your taxes in a community, I don't want to raise mine. I'm going to work within the context of the system, but I don't think it's fair to disparage the record that this is something that we can do citywide because this is not a district where the taxes have gone up times five citywide. This is a unique entertainment district where nobody lives. It's a business district that creates jobs and if you go there you'll see that the vast majority of these people are young people who many of them would be unemployed, so I want to employ the police department to do your job the best way you can. I'll support whatever recommendations the Chief makes to do this citywide, but the simple fact of the matter is, you know, don't try to raise my taxes to do it. Let's do it within the existing tax structure, because the intent of what I'm proposing today is to take tax increment finance dollars that is 100 percent paid by the property owners in the affected area and apply those dollars back for the services that they ask us to give them as board members of the CRA. Thank you. Chairman Winton: OK, we have a motion and a second. Any further discussion? Commissioner Regalado: Just one brief question. I got a question for -- City Attorney, don't go. I know you have to go but don't go. Do we have an ordinance that sets feeding points in the City or Downtown Miami? Mr. Vilarello: No, we do not. What we have is a voluntary feeding program that tries to control the areas of charitable feedings. This is feedings that were going on otherwise in the public right-of-way and it has been compartmentalized at an area that we provide -- the charities that wish to provide the public -- Commissioner Regalado: Is it illegal to feed a homeless now in downtown? Mr. Vilarello: No, it's not. Commissioner Regalado: It's not illegal? Police can not stop a person. Mr. Vilarello: They can enforce other laws and general application but just to feed someone is not an illegal act. Chairman Winton: I thought we had three zones that were set-up. That's a voluntary feeding zones that had been established for the purposes of bringing everybody together and then we were able to address the trash and littering issues associated with that and as well as provide our - - the most important service that's provided is our homeless coordinator would provide the social services there and the opportunities to place homeless either in the HAC (Homeless Assistance Center) or other available facilities. 166 February 27, 2003 Vice Chairman Teele: Mr. Attorney, then I was wrong when I said that it is illegal for people to come down and feed people under 395 where they're feeding them now? Mr. Vilarello: In the areas that are otherwise -- under 395 -- if that's an area that we've established for the -- Chairman Winton: No, they're very specific. It isn't a zone it's an actual lot. I mean it's a very specific site. Mr. Vilarello: My response is the public right-of-way -- Vice Chairman Teele: Underneath 395 around 14th Street and Northwest 1st Avenue. That's on the other side of the railroad track and somebody's saying 7th Avenue, people are being fed. I though it was a violation of a code to feed people on from the public right-of-way in swale area. There is no -- Mr. Vilarello: No, sir. In fact, the street feeding issue goes exactly to -- we do allow the commercial sale of food on our public right-of-way. We can't allow commercial sale food and then be more restrictive to the charitable organizations which are providing these feedings. Commissioner Regalado: So there is nothing illegal in doing that? Mr. Vilarello: There's nothing illegal and we've gotten very good participation from the charitable organizations to focus it so that we could provide and make sure that the food isn't thrown on the ground -- that brings rodents and other problems. We provide an area for the garbage to be picked up, port -o -lets and services. Commissioner Regalado: I just mentioned that because -- then again this in your district, Johnny, but it is a very good dear friend of mine. Monsignor Gabriel, the pastor of St. Jude Church in Brickell was almost arrested the other day because he went to downtown with some leftover and started feeding and a police officer came and even he was with another priest and they called six units of the City of Miami Police Department. Chairman Winton: Good, well maybe you know, some intimidation would be good. Let them go to the feeding sites that have been established and get them off the streets, so if it takes some intimidation, I'm all in favor. Mr. Vilarello: Commissioner Regalado, I'm not aware of that particular incident, but however if there's any trash being thrown on the ground and other issues -- other laws being broken, of course, that might have been the issue. Commissioner Regalado: No, the reason I'm asking and you know, I am all in favor in an ordinance for feeding points ordinance, but the reason I ask is because he was told by the police officer that it was illegal to feed the homeless in the streets of Miami. 167 February 27, 2003 Chairman Winton: We now have clarification on that so I guess it's not illegal. Do we have any further discussion on this item? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign opposed. The motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-229 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, IN CONJUNCTION WITH THE CHIEF OF POLICE OF THE CITY OF MIAMI TO INITIATE A 90 -DAY PILOT PROGRAM, COMMENCING MARCH 1, 2003, TO ADDRESS SECURITY AND HOMELESS ISSUES AFFECTING THE BUSINESSES WITHIN THE PARKWEST ENTERTAINMENT DISTRICT, INCLUDING BUT NOT LIMITED TO AN INCREASE IN POLICE PRESENCE, IN COMPLIANCE WITH ALL APPLICABLE LOCAL, STATE AND FEDERAL LAWS AND CONSISTENT WITH ANY COURT ORDERS; ALLOCATING FUNDS NOT TO EXCEED $50,000, FROM THE BUDGET OF THE COMMUNITY REDEVELOPMENT AGENCY. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None 168 February 27, 2003 34. CONTINUE CONSIDERATION OF: PROPOSED CLOSURE OF PORTION OF ALLEY BETWEEN N.W. 2 AVENUE AND BISCAYNE BOULEVARD NORTH OF N.E. 20 TERRACE; AND PROPOSED ORDINANCE ON FIRST READING TO AMEND ORDINANCE 10544, COMPREHENSIVE NEIGHBORHOOD PLAN, TO CHANGE FUTURE LAND USE DESIGNATION OF 1815-1825 N.W. SOUTH RIVER DRIVE FROM CONSERVATION TO RECREATION AND PROPOSED ORDINANCE ON FIRST READING TO AMEND ZONING ORDINANCE 11000 TO CHANGE CLASSIFICATION OF SOUTHEAST PORTION OF SEWELL PARK AT 1815-1825 N.W. SOUTH RIVER DRIVE FROM CS CONSERVATION TO PR PARKS AND RECREATION TO COMMISSION MEETING CURRENTLY SCHEDULED FOR MARCH 27, 2003. Note for the Record: At this point, the City Commission closes consideration of the regular portion of the agenda to consider items from the Planning and Zoning portion of the agenda. Chairman Winton: Now we will recess the Regular Commission Agenda meeting and go to PZ (Planning and Zoning). PZ -1. And before we go there I made a little note here at the top of my page. I've made this comment several times Mr. Manager, you might want to hear this. This irritates me to no end. I have an aerial photo -- aerial photos are very important to the process because it allows us to see what the surrounding property uses really are when we're dealing with these. This looks like nothing and I've made this point four or five or six times. I don't understand why after all this time, why I would get something like this in my book. Lourdes Slazyk (Assistant Director, Planning & Zoning): The reason for this one, this was a modification of a MUSP (Major Use Special Permit) that was from a couple of years ago and that was before we have the new system of how we're doing them now so the aerial was part of the package from the original MUSP but the new ones don't come out like that. Chairman Winton: Well you didn't have a good aerial at all in your files, is that what you're saying? Or somebody just decided they would copy whatever they -- that in anyway they wanted to copy it and this would be OK. You know, my point is to do some extra work get us something we can use. I don't care what the issue is. Joel Maxwell (Deputy City Attorney): Could you recognize the City Clerk, Mr. Chairman? Chairman Winton: Yes, ma'am, Madam Clerk. Priscilla A. Thompson (City Clerk): Mr. Chairman Winton, we just need to take care of some housekeeping issues, if you please. We need to make sure that anyone who is appearing as a lobbyist; that means being paid by a third party, to speak in favor of an issue or speak for an issue needs to make sure that they have registered with the City Clerk's office and that's number one. Number two, we have items -- in my notes, we have continued PZ Items 10, 11 and 12 to the meeting of March 27th and before we start would you like to find out if there are any other items to be continued? Chairman Winton: Sure. Any other items -- any PZ Items to be-- any other PZ Items other than 10, 11 and 12 that we're going to continue that you know of? 169 February 27, 2003 Mr. Maxwell: Yes. Chairman Winton: Yes, sir. Mr. Maxwell: Items PZ 28 and 29 are the Sewell Park items. We will request that those items be continued to the meeting of March 27tH Chairman Winton: So we're going to also continue PZ 28 and 29. Okay any others? Mr. Maxwell: That's all we have. Gil Pastoriza: Mr. Chairman, if I could. Chairman Winton: Yes. Mr. Pastoriza: Gil Pastoriza, 2665 South Bayshore Drive. I'm here to request a continuance to your March 27th meeting of Item Number 2. Chairman Winton: You said, 2? Mr. Pastoriza: Two. PZ -2. Chairman Winton: OK. PZ -2 as well so we'll continue PZ -2. Any others? OK, you need to swear in all the witnesses. Ms. Thompson: Do you want to make a motion? Chairman Winton: Oh we need a motion? So we need a motion to continue 10, 11, 12 -- Commissioner Regalado: Second. Ms. Thompson: No, we've already done 10, 11, 12. Chairman Winton: We've already done that? Mr. Maxwell: PZ -2, 28, 29. Chairman Winton: 28, 29 and 2, for March 27th. We have a motion. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Winton: Discussion? Being none, all in favor, "aye." 170 February 27, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -23 0 A MOTION TO CONTINUE CONSIDERATION OF THE FOLLOWING ITEMS TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MARCH 27, 2003: • PROPOSED CLOSURE OF PORTION OF ALLEY BETWEEN N.W. 2 AVENUE AND BISCAYNE BOULEVARD NORTH OF N.E. 20 TERRACE; �RDINANCE PROPOSED ORDINANCE ON FIRST READING TO AMEND 10544, THE COMPREHENSIVE NEIGHBORHOOD PLAN, TO CHANGE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 1815-1825 N.W. SOUTH RIVER DRIVE FROM CONSERVATION TO RECREATION. • PROPOSED ORDINANCE ON FIRST READING TO AMEND ZONING ORDINANCE 11000 TO CHANGE CLASSIFICATION OF SOUTHEAST PORTION OF SEWELL PARK AT APPROXIMATELY 1815-1825 N.W. SOUTH RIVER DRIVE FROM CS CONSERVATION TO PR PARKS AND RECREATION. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. 171 February 27, 2003 35. APPROVE SUBSTANTIAL MODIFICATION TO MAJOR USE SPECIAL PERMIT FOR BLUE PROJECT, A CONDOMINIUM TOWER F/K/A BISCAYNE BAY TOWER; SAID PROJECT TO ALLOW RESIDENTIAL PLANNED UNIT DEVELOPMENT CONSISTING OF 356 UNITS WITH 525 PARKING SPACES AND ACCESSORY RECREATIONAL USES AT 501 NE 36TH STREET Applicant(s): BISCAYNE BAY TOWER, LLC & CAUSEWAY TOWERS, LLC. DIRECT MANAGER TO HAVE ADMINISTRATION WORK WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO NEGOTIATE MEMORANDUM OF UNDERSTANDING REGARDING POSSIBLE USE AND IMPROVEMENTS TO PARK ADJACENT TO 501 N.E. 36 STREET. Joel Maxwell (Deputy City Attorney): One -- one other thing. Priscilla A. Thompson (City Clerk): Yes. Now, we need to swear in any one that is going to be testifying on any of our P&Z (planning and zoning) items, so those of you in the audience, if you plan on testifying concerning a P&Z Item I need you to please stand and raise your right hand so I can swear you in. AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -1 is a modification to a major use special permit. It was approved in 1999 as the Biscayne Bay Tower project. It was originally approved with 358 units and 525 parking spaces. The modification request today is for 356 units with 499 parking spaces. The project is -- was actually reviewed by the Zoning Division and deemed to be a non -substantial modification with respect to numbers for the project because they're not making it any taller, any wider. They're not moving the footprints, however, it is a complete redesign of the project, so the Planning Department interpreted that it was -- determined that it was substantial in that it looks nothing like the original project and it should come for the same public reviews for design as it would if it had been a brand new major use special permit. In the design review it was recommended for approval and the Planning Advisory Board also recommended approval subject to the same conditions that were opposed on the original major use special permit regarding the traffic management -- the construction management plan and all of the other issues, covenants that are due for major use special permit projects. Other than that, we recommend approval. It was -- it's a beautiful project. It's going to provide new residential units on -- right on Biscayne Bay. It's actually -- there's a park between the property and the Bay that's owned by DOT (Department of Transportation) but managed by the City and they're going to be right up against that park. It's going to provide, like I said, 356 new units, close proximity to the expressways, to Downtown and we recommend approval. Chairman Winton: Yes, ma'am. Lucia Dougherty: Good evening, Mr. Chairman, members of the Commission. Lucia Dougherty with offices at 1221 Brickell Avenue. Here today with my partner, Adrienne Pardo. We are representing the owner and the applicant, Causeway Towers, LLC. Mr. Paul Murphy is here this 172 February 27, 2003 evening and he is the principal of the project and the owner's representative. Mr. Murphy and his colleagues bought this piece of property recently with all the development rights and I'd like him to show you the project which was approved in 1999. It's located in 36th Street, just north of 36th Street and south of I-195 in a parcel of ground that was -- had several -- pieces, or lots aggregated for this project. Chairman Winton: Lucia, can I interrupt you for a one second? Ms. Dougherty: Certainly. Chairman Winton: I'm curious. Is there opposition in the audience to this project? Is there opposition? Ms. Dougherty: Not that I know of. Chairman Winton: OK, so given that fact, you might want to radically abbreviate your presentation. Commissioner Sanchez: Limit your presentation. Ms. Dougherty: We would urge your approval of this project. Chairman Winton: So we have a request to approve this project that has been approved by the Planning Department. Planning Advisory Board recommended approval. So do we have a motion? Commissioner Sanchez: So moved. Chairman Winton: We have a motion and a second. Do we have -- Vice Chairman Teele: Mr. Chairman? Chairman Winton: Yes, sir. Vice Chairman Teele: I second. Could I hear from the architect just a minute? Chairman Winton: You sure may. Bernardo Fort -Brescia: My name is Bernardo Fort -Brescia from Arquitectonica. Vice Chairman Teele: Bernard, this is the first time your tie is totally unimpressive. Mr. Fort -Brescia: Trying to be discreet today. Vice Chairman Teele: Thank you. That was a great presentation. 173 February 27, 2003 Mr. Fort-Bresilia: Thank you. Chairman Winton: This is a public hearing. I would like anyone from the public, particularly those in opposition, would you please come to the podium? Being none, we will close the public hearing. We have a motion and a second. Any further discussion? Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. Thank you very much, great presentation. Ms. Dougherty: Thank you very much. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-231 A RESOLUTION OF THE Miami CITY COMMISSION, WITH ATTACHMENTS, APPROVING CONDITIONS, A SUBSTANTIAL MODIFICATION TO THE MAJOR USE SPECIAL PERMIT (APPROVED BY THE CITY COMMISSION ON APRIL 27, 1999, BY RESOLUTION NO. 99- 307) PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE BLUE (F/K/A BISCAYNE BAY TOWER) PROJECT, A CONDOMINIUM TO BE LOCATED AT APPROXIMATELY 501 NORTHEAST 36TH STREET, MIAMI, FLORIDA; TO BE COMPRISED OF NOT MORE THAN 356 UNITS, WITH ACCESSORY RECREATIONAL SPACE AND 525 PARKING SPACES; DIRECTING TRANSMITTAL OF THE RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Angel Gonzalez Commissioner Tomas Regalado 174 February 27, 2003 Ms. Dougherty: Mr. Chairman, could we make one issue for you. Chairman Winton: Yes, you may. Ms. Dougherty: This piece of property is adjacent to a park. It's a park that's owned by FDOT (Florida Department of Transportation) although the City of Miami manages it. We would like to improve the park. We would like to use it as a staging area during construction and then improve the park after construction. Bernardo has done a plan for the park and what we would ask for you to do today is direct your park staff to work with us to try to implement this particular park strategy. Vice Chairman Teele: Mr. Chairman? Chairman Winton: Yes, sir. Vice Chairman Teele: I would move that the City staff be instructed to work with the DOT to get a memorandum of understanding regarding the park as it relates to the applicant's request. Chairman Winton: Got a motion. Need a second. Commissioner Sanchez: Second, but why DOT? Vice Chairman Teele: They own the park. Chairman Winton: FDOT owns it. So we have a motion and a second. Further discussion? Being none all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 03-232 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATED TO THE USE OF, AND IMPROVEMENTS TO, THE PARK LOCATED ADJACENT TO 501 NORTHEAST 36 STREET, MIAMI, FLORIDA. 175 February 27, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Angel Gonzalez Commissioner Tomas Regalado 36. CONTINUE CONSIDERATION OF PROPOSED CLOSURE OF PORTION OF N.W. 7 STREET BETWEEN N.W. 1 COURT AND METRORAIL RIGHT-OF-WAY TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003. Chairman Winton: PZ -3. Ms. Slazyk: PZ -3 is a request for an official vacation and closure of a public right-of-way. It's a portion of Northwest 7th Street between Northwest 1st Court and the Metrorail right-of-way. The application is Miami -Dade County and this is part of the Overtown Metrorail Station Redevelopment Plan. This actually was -- did go through a street closure process years ago but the final plat had not been recorded, so they're back before us for approval to do it again. We recommend approval. Chairman Winton: This is a public hearing. Anyone from the public like to comment on this? Anyone from the public like to comment? Being none, we'll close the public hearing. Vice Chairman Teele: Is the Manager around? Chairman Winton: I'm sorry? Vice Chairman Teele: Mr. Chairman? Chairman Winton: Yes, sir? Vice Chairman Teele: This is another one of those issues here now. This is Miami -Dade County in a lawsuit with the City on the land right next to this and I'm going to move that this item be deferred and ask the Manager to study this issue to see if we can resolve all of the issues in this area related to the lawsuit and the plat. I would so move. Commissioner Regalado: Second. Chairman Winton: We have a motion and a second, further discussion? Being none, all in favor, aye. 176 February 27, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 03-233 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED CLOSURE OF PORTION OF N.W. 7 STREET BETWEEN N.W. 1 COURT AND METRORAIL RIGHT-OF-WAY TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003; FURTHER DIRECTING THE CITY MANAGER TO STUDY THIS ISSUE TO SEE IF ALL ISSUES IN THE AREA RELATED TO LAWSUIT AND PLAT CAN BE RESOLVED. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado NAYS: None ABSENT: Commissioner Angel Gonzalez Commissioner Joe Sanchez Chairman Winton: Would you like to continue this to the 27th or April? Vice Chairman Teele: No I think it's going to require at least 60 days, so. Chairman Winton: I do too. Vice Chairman Teele: Second meeting in April. Chairman Winton: Yes. Carlos Del Valle: If I may? Chairman Winton: Yes, sir? Mr. Del Valle: My name is Carlos Del Valle. I represent the owner, Miami -Dade County. I do business with PBSNJ. I'd like to ask what the issues that concern Commissioner Teele. 177 February 27, 2003 Vice Chairman Teele: I think the two Managers ought to work on those issues. This is higher than my pay grade and they're issues relating to the adjacent property where the County has filed a lawsuit against the City. Mr. Del Valle: That's correct. Vice Chairman Teele: You know it's -- Chairman Winton: So if we're going to do this, we want to get all of our issues resolved. Vice Chairman Teele: We may try to resolve all issues. Mr. Del Valle: OK. Alright. Thank you. Chairman Winton: Thank you. 37. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" AND "RESTRICTED COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES AT 2731 SW 16TH TERRACE AND 2750 SW 16TH STREET APPLICANT(S): Florida Power & Light). Chairman Winton: So we just continued PZ -3. I guess we can go to PZ -4 Tucker Gibbs: Mr. Chairman? Chairman Winton: Yes, sir? Mr. Gibbs: Tucker Gibbs representing the Coconut Grove Civic Club. We had a time certain on the Grovener at 5:30. Vice Chairman Teele: What's the item number? Mr. Gibbs: Item Number is PZ -27. Chairman Winton: What is it? Vice Chairman Teele: 27. Mr. Gibbs: PZ -27. Chairman Winton: PZ -27. So I guess we'll go to PZ -27. Mr. Gibbs: Thank you. 178 February 27, 2003 Chairman Winton: Is it 5:30? Unidentified Speaker: It's 6:30. Commissioner Regalado: I have one in my district. It's a second reading, non -controversial, I don't think it's anybody here . Just 30 seconds. PZ -4. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -4 and 5 are actually companion items. Second reading, this is the Florida Power and Light property. We're recommending approval and it was recommended approval by the Planning Advisory Board. Chairman Winton: This is an ordinance. Vice Chairman Teele: This is a public hearing on Items 4 and 5? Chairman Winton: Right. There is a public hearing on Item 4. Anybody from the public like to speak on PZ -4. Being none, we'll close the public hearing on PZ -4. Commissioner Regalado: I move it. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. Mr. City Attorney would you read the -- Could you call the roll, please? An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544 aS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2731 SOUTHWEST 16TH TERRACE AND 2750 SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" AND "RESTRICTED COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" MAKING FINDINGS, DIRECTING TRANSMITTALS TO EFFECT THE AGENCIES, CONTAINED A REPEALER PROVISION UNDER SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 179 February 27, 2003 was passed on its first reading, by title, at the meeting of January 23, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, seconded by Vice Chairman Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12326 Ms. Thompson: The ordinance is adopted on second reading, 4/0. 38. SECOND READING ORDINANCE: AMEND PAGE NO. 40 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL AT 2731 SW 16TH TERRACE AND 2750 SW 16TH STREET (Applicant(s): Florida Power & Light). Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -5 is the companion. It's also second reading, recommended for approval. Chairman Winton: OK. Commissioner Regalado: Move it. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. Public hearing, anyone from the public like to speak on PZ -5? Lucia, are you here for PZ -5? OK. Anyone from the public on PZ -5? Being none, we'll close the public hearing. We have a motion and a second, Mr. City Attorney would you read the ordinance, please. The ordinance was ready by title into the public record by the City Attorney. Chairman Winton: Roll call, please, and Mr. Sergeant at Arms, would you mind going and getting the noise level, down out, there, wherever it is? Madam Clerk, would you call the roll please? 180 February 27, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 40 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM (R-2) "TWO-FAMILY RESIDENTIAL" TO (G/I) "GOVERNMENT AND INSTITUTIONAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2731 SOUTHWEST 16TH TERRACE AND 2750 SOUTHWEST 16TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A"; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of January 23, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, seconded by Vice Chairman Teele. The ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Angel Gonzalez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12327. Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0. 39. CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR GROVENOR PROJECT AT 2610 TIGERTAIL AVENUE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003, WITH A TIME CERTAIN OF 5:30 P.M. Chairman Winton: OK. PZ -27. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -27 is a major use special permit for the Grovenor Project located at 2610 Tigertail Avenue. This will allow 151 residential units with accessory recreational space and 409 parking spaces. This was continued from the City Commission meeting of January 23rd. The Planning Department recommendation is for approval with conditions. It was also recommended -- it was recommended for denial by the Planning Advisory Board from a motion which failed due to a failure to obtain the majority favorable votes. It's was three to three. A tie vote. 181 February 27, 2003 Chairman Winton: Yes, ma'am, and what we would like -- this is a continuation of an item so I think you can -- what's the technical term? Joel Maxwell (Deputy City Attorney): You can incorporate the referenced information from the previous hearing instead of repeating it. Ms. Slazyk: Yes, we incorporate. Chairman Winton: So we don't have to hear it all again, OK? Lucia? Lucia Dougherty: Good evening. Lucia Dougherty, 1221 Brickell Avenue, joined today by my partner, Adrienne Pardo and Zoning Consultant, Rosario Kennedy. Also, with us this evening, is Lester Miller, Bruce Weiner who are the principals of the project; Lugo Colombo is on his way and their colleague, Art Murphy. At the last meeting we made a full presentation which I would like to incorporate the record of that presentation into this hearing. Since that period of time, we've met with the Civic Association to try to resolve many of our issues. Unfortunately, there were no settlement that were reached. Both sides, I know worked very hard and very diligently and attempted to settle all of the issues, but I think that there is just a basic philosophical disagreement. We do believe however, and we do hope that even after -- if we were to be fortunate enough to have your favorable vote, I do believe we could continue to talk with our -- with the Civic Club. I just wanted to remind you that there were 152 high end condominium units and not 490 residential units that could be here. The project has a very highly respected developer, Hugo Colombo who has a wonderful track record in the City of Miami as a high-end quality developer. The project has a great architect, Luis Revuelta that you know from the Bristol Tower and the Santa Maria. The Grovenor has reached settlement with both our immediate neighbors, the Grove Hill Association -- the Grove Hill Condominium Association and Oradio Holdings which is the owner of 2601 South Bayshore Drive. It's a chevron shaped building that is set back 137 feet from South Bayshore Drive, which it could be only 20 feet and it's much further back than either of our two neighbors. It's set back 128 feet from Tigertail with a 1 story garage which is the same size of a single family house and it sets back 305 feet on the tower from Tigertail. There are no entrances to Tigertail. The side jars [sic] are 10 feet and that happens to be part of the problem that the Civic Association has with the site, but I want you to know that the SD17 that they believe should be the proper zoning for it only has a 10 feet set back. The building is so far set back, vis-a-vis our neighbors however, this does not create a wall and the chevron shape you may recall from the last meeting, also mitigates against having a so- called wall on South Bayshore Drive. We again feel disappointed that we were unable reach settlement with our neighbors and we will continue to try to work with them should we have a favorable vote this evening. With that I would like to conclude our presentation and ask for a few minutes of rebuttal if that should be appropriate. Chairman Winton: OK. Mr. Gibbs? Tucker Gibbs: My name is Tucker Gibbs, with offices of Gibbs and Weiss of 215 Grand Avenue in Coconut Grove. I'd like to also incorporate into the record everything that was said on our behalf by both me and Mr. Alvarez our planning expert as well as the testimony of all other 182 February 27, 2003 public that was present at the last meeting and remind the board that the key issue for us is this is a project that is too big on South Bayshore Drive. What we want is a project that is compatible with the existing zoning on South Bayshore Drive. That this piece of property is zoned government/institutional and this isn't a government or institutional use and it takes advantage of two -- we consider -- unconstitutional bonuses -- density bonuses, your affordable housing bonus as well as your planned unit development bonus and we've discussed those at the last meeting. I know that there are several people from the public who are here to speak on it and I will defer to them. Thank you. Chairman Winton: OK, is the part of the expert testimony or are we getting into the -- Suzanne Peters: No, this is public. Mr. Gibbs: Our expert testimony is proffered at the last meeting by a report by Mr. Alvarez. Chairman Winton: OK. Public hearing -- and those of you, all of you from the public that are going to speak I would appreciate it if you all would just come up, line up at each microphone. Get in line. Comments -- I hope that we don't hear redundancy in the volunteer comments -- I mean in the community comments and each speaker will be limited to two minutes. All yours. Ms. Peters: Thank you. Suzanne Peters, 2848 Chicanonta, Coconut Grove. I'm here, I'm the Chairman of the Coconut Grove Village Council. The Village Council passed a resolution opposing this project in its current form. There are a number of reasons why we're opposed to this project. The building is going to be 345 feet tall although the surrounding zoning only permits 220 feet of height. The building is only set back 10 feet. With that sort of height, it is very closely flanking and there's a great fear that this will create a wall along South Bayshore Drive. The building design, quite frankly from what I have seen, is unimaginative and you know our Grove skyline should really be something that's beautiful and that we're proud of and we don't need another Ritz Carlton. I've seen it from the water and it's really a shame. I believe someone from the Council requested plans but we've never received them. We have not been part of the negotiations with the developer and so we haven't had a presentation from them so I can't say that I've looked at the plans myself beyond the other information that I've been provided but we did attempt to obtain that. Most importantly, I think the problem here is the governmental institutional zoning. This really is a slippery slope. I hope that we'll move forward to prevent this from happening in the future and have an ordinance that prevents having a non-governmental institutional use that takes advantage of that zoning, but I would really urge you at this point not to head down that slippery slope and begin that descent. Personally that's -- you know I also feel that I just want to urge you to do the right thing. A lot of residents are interested in this issue and take it seriously and although it's happening in the Grove, it can happen in all of your districts as well. I've also been asked by the Center Grove Neighborhood Association, the couldn't be here but they have a statement that they wanted to have me get on the record for them. This is addressed to Commissioner Winton. On behalf of the Center Grove Neighborhood Association, "we do not approve the Grovenor Project as it is presently scaled or sized. We ask that you take our associations position into account when considering the merits of this project this evening. If you, Jason or Frank wish to further discuss our position on this 183 February 27, 2003 project, we will make ourselves available," and that is from Mark Sernon. With that, I will urge you to please consider rejecting this application and I will leave you with that. Thank you. Chairman Winton: Don't be -- the microphone is not going to bite you, I promise, so use both mikes, line up, be ready standing behind the next person and go. Ron Nelson: I'm absolutely ready it's just that there was only one commissioner that was listening at the time. My name is Ron Nelson, 2535 Inagua Avenue, Coconut Grove: President of the Coconut Grove Civic Club. Just for record as we just heard, the Village Council, the Center Grove Homeowners Association, The Coconut Grove Park Homeowner's Association which is directly behind it, are all opposed to this project so that's a pretty good chunk of the organizations in Coconut Grove that are active and participate on a regular basis in the community. Not just the, Coconut Grove Civic Club. She mentioned the intent and Tucker mentioned the intent of GI zoning. We feel the intent is for government or institutional. This is not government nor institutional, nor ancillary to, so again, you have the opportunity to do the right thing. It's located on a historic and scenic corridor, I believe it's Bayshore Drive and on a property that unfortunately probably should have been designated historic, the Naval Reserve Center. The ball was dropped on that by the City, we believe as well. Anyway, we're in the position we are now. This property has been left alone for a long time so it has some fabulous large trees on the property. One to mention that has not been talked about much, but I would like to make sure that it is remembered. If you stand on Bayshore Drive face the property and look at it, on the left hand side starting from Bayshore about a third of the way up the property is a Banyon tree that covers approximately 31,000 square feet of canopy. This is a tremendous tree and I'm really surprised that our historic preservation officer did not speak about this, instead had no comment. We had a tree survey done. Chairman Winton: Ron, that's your two minutes, so can you wrap this up? Mr. Nelson: Yes. We had a tree survey done and we will have our tree expert come up and speak on the issue. Chairman Winton: Thank you, next. Linda Ettie: I'm Linda Ettie from 2575 South Bayshore Drive. I am with -- where I live within 500 feet of the proposed project and I would just like to add to Mr. Gibbs and Mr. Nelson that are there. We have looked at everything that we could look at possibly and we feel that this building is not suitable for that area and it will cause even more traffic, although you begin to wonder how can there be more on Bayshore Drive; but that's exactly what's going to happen. I would appreciate it if you voted against this project. Chris Brock: My name is Chris Brock, I live at 2545 Lincoln Avenue in the Grove. I can see the project from my house and again, I was here at the last meeting and I said before and will reiterate, if the alternative comes about which I think is a possibility of having 500 or 450 units with people that will probably be there all the time in our neighborhood is going to create more traffic than we could ever even imagine. If we think it's bad now it's going to get worse, so I understand the issues that maybe they think it's too big or -- you know, I'm a neighbor too and 184 February 27, 2003 I'm not trying to pick sides, but I think it's -- for me, because I'm that close, I don't want 500 people running around my neighborhood. I just don't, so I'm for the project. Chairman Winton: Yes, ma'am. Nina West: My name is Nina West, I live at 176 North East 44 Street, which is Buena Vista, Historic District in the City of Miami. I'm very concerned with GI Institutional zoning being bought by private developers. I believe it sets a precedent. The corridor for Biscayne Boulevard is going to be developed. I sincerely hope that we will not be overshadowed and never see the daylight as I think will happen to the neighbors in Coconut Grove, so I am here to support these people because I fear G1 is everywhere and if we ever did a survey of what the City can sell and might wish to sell we might all be in the same position. Thank you. Joyce Nelson: Joyce Nelson, 2535 Inagua and I would like to say that first, I am extremely disappointed. We only have two people listening to us. We have spent many, many, hours and days negotiating, including Saturdays and Sundays and evenings and although there aren't 200 people in this room, there are 200 people that participated by email, by phone calls, by talking to us and saying that they do not want this project, so I am extremely disappointed in this Commission. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. I'm President of the Grove Treeman Trust. The Trust is dedicated to preserving the tree canopy of Coconut Grove. I've been president of the Trust about two years. This is the first issue that I have appeared before you as President of the Trust opposing the tree issue. The Trust -- I am very careful, we don't appear on every issue but this is an important issue. We have been talking to the owners. They've been very cooperative. They let us on the property to look at the trees. We still have some outstanding concerns. The Planning Department, their recommendation recommends that 65 and 66 be preserved. The owners have redesigned the front access drive around these trees but we don't really have elevations yet. It's an elevated driveway. We really don't have any assurances that these two trees are being saved. There are other major trees on the property that they are proposing to either cut down or transplant that we would like retained in site. Lisa Hammer is going to give a brief statement about a report she's written on the property. I just gave a copy of the report to Adrienne Pardo and I will give a copy to City staff and the Trust does reserve the right to appeal the tree removal permits, when the property owner does come in for building permits because they will still have to come in for tree removal permits. Thank you very much. Chairman Winton: Mr. City Attorney. Joel Maxwell (Deputy City Attorney): Just for the record, Mr. Chairman. Commissioner Teele at all times during this discussion has been at the dia -- on the podium here. He stepped away out of view of the cameras for a second but he was still here. Is that correct,. Commissioner? He indicates that's correct, just for the record. Chairman Winton: Yes, ma'am. 185 February 27, 2003 Lisa Hammer: Good evening. My name is Lisa Hammer. I'm a horticultural consultant and a consultant arborist. My address is P.O. Box 1551 in Homestead. I was retained by the Grove Treeman Trust to do an evaluation of the trees on this site. I was out there on October 15 of 2002. I looked at all of trees out there. I numbered each one. Identified them, measured their sizes, their height spread and trunk diameters. I evaluated the conditions of each one and I did a dollar value appraisal on selected trees. There was a total of 87 trees on the property as shown on a survey -- a boundary survey provided by ER Bronell and Associates. Out of those 87 trees, I recommended preservation of nine trees. There were six live oaks, one gumbo limbo and two lofty figs that are commonly referred to as banyons. It looks to me like on the plan that the applicant is proposing, they're proposing preservation of five trees; three live oaks, one gumbo limbo and one of the big ficus trees. They are proposing to relocate three of the live oaks that I recommended for preservation, and removing one of the ficus trees that I recommended for preservation. Of the five oaks to be preserved -- I'm sorry of the five trees total to be preserved that they're proposing, three of them are oaks and two of those three are the ones in the driveway that Jim was talking about where they are proposing to keep it at grade but they're building a raised driveway and portico-chos (phonetic) around it. I think there are still some questions as to whether there's going to be adequate clearance for the canopy of those trees. I appreciate their efforts to keep it grade and not put fill around them, but I think that with the portico-chos (phonetic) there, there still may be some concern about how much canopy pruning is going to be required on those trees. There were three live oaks specified for relocation. Two of them may be far enough away from the proposed building to preserve them. I think that still warrants some discussion and revisiting the trees and looking at where the canopies are and so forth, but it may be possible to save two of those three. I really prefer not to relocate large live oaks if we can avoid it. They don't survive very well. It's generally not recommended unless you follow very, very stringent guidelines for doing so, one of which is time of year, winter time. Also the two large ficuses that I recommended for preservation, these are highly visible from Biscayne Boulevard -- Bayshore Drive, excuse me. They're beautiful trees, they are in excellent condition. They're proposing to keep one and remove one. I think they're both worthy of preservation. They're proposing preserving two other trees in that same location, the strangler fig and a Poinciana which are really basically very, very poor condition. I would rather see them preserver the lofty fig rather than those two trees. Chairman Winton: So do you have a specific proposal that we could understand. I mean I'm not very clear on what you're recommending, so could you be very clear and tell us what you're proposing here? Ms. Hammer: What I'm saying is that out of nine trees that I've recommended for preservation, they're only recommending preservation of five, and I think two of those five deserve a little more consideration as to how the proposed construction will affect them. I think they're recommending relocation of three and of those three we need to look at two of them and determine whether or not they need to be preserved instead of relocated, and I would like to see preservation of both of those big ficus trees, but I don't know what -- what the parties have come to on that. Chairman Winton: Thank you, thank you. I understand. 186 February 27, 2003 Chairman Winton: Anyone else? Yes, ma'am. Kate Terry: Yes, My name is Kate Terry, 1896 Tigertail. I live in Coconut Grove. I'm here tonight to represent the 350 residents of the North Grove Homeowners Association. Because of where the meeting is it is very difficult. A lot of our members are elderly and have trouble finding it. A lot of people have spoken tonight. I hope everyone up there is listening. I see that we are missing a couple of people but what's really important here is this is the gem of the City, Coconut Grove and Bayshore Drive. I think you all really need to search your conscience and look at what Bayshore Drive means to Coconut Grove. Thank you, Mr. Commissioner. To have this wall with a so-called veer or whatever they're calling it. I don't know if you all have seen the model but the V is -- I'm not sure what the degrees are but it's basically a wall. It is way too tall. You know that it is too tall. From the water, we will look like any other downtown condominium -- I don't even want to say. That is not what Coconut Grove is about. We already have high-rises that are inappropriate and none of us are proud of them. None of us. We look at them and we go, how did that happen? Alright, so this is what's important right now. This is a very emotional issue. For 17 years we've been fighting to save Bayshore Drive. I don't know if you guys are that old, but I am. I want to tell you, we need to look at this. The building needs to be shorter. The trees need to be preserved. They are so important, and the whole thing needs to be under consideration by you all, and seriously, I'm sorry if this is hard to hear, but this is your gem. This is what people come to see. They do not come to Coconut Grove to see skyscrapers. They are in Downtown Miami, and they look great there. OK? Everybody with us? Terrific. Thank you so much. I really appreciate your listening. James Jude: Mr. Winton, Commissioners. My name is James Jude. 111 Southwest 5th Avenue, also Coral Gables because that's where my business is. I have driven for years past this site and of course remember it as the Coast Guard Station and it was a big battle over at that time to try to preserve it as a park or historic building. That was unfortunately lost. Here's an opportunity for you to -- and Mr. Teele, we know you're interested in parks, I think you all are -- to purchase this land, I don't know why it wasn't originally purchased by the City and make it a park. It's a jewel and the banyan trees, I wasn't going to speak until I heard about all these beautiful trees, and I love banyan trees, and I think you do, too. That's what visitors look for and as I look at the sign up there, it says keep the sun shining, this is what we're here for. If we're going to look like any other city, there's no reason for people to come here. I've watched Coconut Grove morph from a beautiful little city into what it is today. It still has some beauty remaining, so if there is any way you can make it a park, keep it. Keep it in its history. Well there's a way you would go down in history as being one of the great Commissioners and the commissions that ever existed. Thank you. Chairman Winton: Anyone else? Anyone else from the public? Sue Martin: Yes. Chairman Winton: Well, as I said before, if you're going to speak would you all please come to the microphone so that we can keep it moving. 187 February 27, 2003 Ms. Martin: Sorry about that John, but I just changed my mind. I wasn't going to say anything. I was up here at the last meeting and I'm a little old lady in tennis shoes and I'm back again. I live on Blaine Street. I will look out my front door and I'm going to see -- at first it was going to be 40 stories now how tall is going to be now. How tall is going to be? Unidentified Speaker: Thirty-three. Ms. Martin: Thirty-three stories. How tall is the Terremark building? Chairman Winton: I'm sorry, you need to put your name and address on the record, please. Ms. Martin: OK. My name is Sue Martin. I live at 3017 Blaine Street, Coconut Grove, 33133. I'm sorry, I forgot protocol. How tall is the Terremark? Twenty -something? No, Terremark is not 305 feet and how tall is this building going to be? Chairman Winton: Ma'am, ma'am, ma'am, just address the Commission, please. Ms. Martin: OK, I object to the size and scope of the project as vehemently as I did the last time I was here. That's all I have to say. Chairman Winton: Is there anyone else from the public? Being no one else, we'll close the public hearing. What's that? Commissioner Sanchez: Motion. Chairman Winton: Commissioner Teele or Vice Chairman Teele would you chair? Vice Chairman Teele: Be pleased to recognize you, Mr. Chairman. Chairman Winton: I represent this district. I know probably fairly well most of the people who were here the last time speaking on this issue. In our packet as usual we always receive the information relative to the P&Z Items and as I looked at the project through my eyes and understanding that you could end up with a much worse project there, I felt, coming in that I would support this PZ item, but I thought about it at length. When I listened to all of the organizations from the Grove who have taken this issue up and voted on this issue as entities like the Civic Club and the different homeowners association and the Village Council, it dawned on me that there was a very strong message across a lot boundaries relative to the Grove and people felt very strongly about this issue. Now as a Commissioner, and you all know that, I've never been afraid to say no or battle with anybody, including my constituents, if I felt it was the right thing to do from a public policy standpoint and I still feel this way, but in this regard, this is about a building. It isn't a public policy. It's a building and so as I thought about it, I came to the conclusion that I did get elected to represent the views of my constituents on most all issues that come before this Commission -- don't clap, please -- and that's what my job is. It doesn't mean that I won't vote against my constituents' wishes and you all have seen me do that many times in the past if I felt strongly about it from a public policy standpoint, but as I said, this isn't a public policy issue. This is about a building on a site that the neighborhood -- the whole 188 February 27, 2003 community feels very strongly about, so as a consequence, I'm not going to support this application and I will make a motion to deny -- Mr. Maxwell: You want to deny or approve the application? Chairman Winton: No, I don't want to approve, I want to deny. Mr. Maxwell: You want to deny the application. Chairman Winton: So I will make a motion to deny this application. Commissioner Sanchez: Second. Vice Chairman Teele: All those in favor -- Ms. Dougherty: May I speak on the motion -- Vice Chairman Teele: Excuse, me? Ms. Dougherty: Yes, sir. Vice Chairman Teele: You know the rules, Counsel. Ms. Dougherty: No, I never got to rebut anything, for one thing. I asked for a reservation of rebuttal and one of -- Vice Chairman Teele: You absolutely have the right to rebut the witnesses as a presenter, is that correct Mr. Attorney? Ms. Dougherty: But they closed the public hearing before I even got the chance to do that. Vice Chairman Teele: I apologize. Mr. Maxwell: I didn't hear counsel ask to reserve a rebuttal on this. Ms. Dougherty: I did. Chairman Winton: She did. Mr. Maxwell: She did? Chairman Winton: She did. Vice Chairman Teele: She has a right. She has an absolute legal right to do it and whether she asked for it, the courts would recognize it, so. You can not extend the time of the people who made the argument against it and you must confine your remarks to the testimony in rebuttal. 189 February 27, 2003 Commissioner Sanchez: Well what I think is appropriate is for me to withdraw the second. Open it up, let her rebut, then we'll take the action, so I withdraw my second. Vice Chairman Teele: Well, the status quo is returned. The motion is withdrawn and Mr. Chairman you may preside if you like. Chairman Winton: So you are going to rebut? Ms. Dougherty: Yes, I want to rebut. The fact that -- Chairman Winton: You may. Ms. Dougherty: We had a Center Grove Association, a Coconut Grove Park Association the Village Council say to you and that's one of the reasons you would make a motion to deny it. We have worked literally for two years on this project. We have been through every board and commission that you can possibly imagine. We went to a pre-ap board, we went to a large scale development committee meeting, we went to a zoning board hearing, a planning advisory board hearing. We had a large scale community meeting, not once, but more than once. We have staff's recommendations of approval. We have the zoning board recommendation of approval. We have the planning advisory board in a three to three motion. We have -- I have a list of 27 meeting and or public hearings that we've had. We've never had the opportunity frankly because we worked very hard with our neighbors who are both supporting this project. We worked very, very hard with all of our neighbors. We've met with the Treeman Trust any number of times but we never have met with the Coconut Grove Village Council and no one ever asked for our plans from them. We didn't meet with the Coconut Grove Park Association. I doubt they've seen the plans. The Center Grove Association has never seen the plans, so you're going to make a motion, this evening Chairman Winton, based on the fact that these -- you -- there's broad support from these associations and I doubt that they've seen the plans. I know we've never made a presentation to them, so I would only ask that you would allow us to do that before you make a motion in this respect. Commissioner Sanchez: Have these associations had an opportunity to see these plans? Mr. Nelson: I'll come back up and answer that -- Mr. Maxwell: Wait, you don't have to do that. You don't have to go back and forth. Chairman Winton: Wait, wait, wait, wait. We're not going to reopen the public hearing, so. Mr. Nelson: OK, I was just answering his question. Chairman Winton: OK. Don't answer. So, OK. Ms. Dougherty: It is amazing to me that we would get to the point that we would have to start all over again after two and a half years and investment in trying to do the right thing with respect 190 February 27, 2003 to our neighbors especially, that we would reach a point where you wouldn't at least ask us to meet with them again. Chairman Winton: What does that mean? Ms. Dougherty: Well, if you don't feel comfortable because there's such broad opposition to it, I would suggest that you at least continue the case and tell us to meet with those folks. Chairman Winton: I would consider an additional 60 day continuance because I don't want it back her on the March 27th agenda because it's too big, so I would consider that, but I'm going to make two statements. I'm going to make one to the developer and I'm going to make one to the community that I forgot to mention in my opening remarks. You all -- community first. I know that many people here are convinced that there's a zoning issue tied to all of this that is illegal and you all will deal with that in an appropriate setting which is the courts, but if you lose that issue in the courts, I think that you should not lose sight of the fact that if you lose what could in fact end up here by right which is a hundred times worse than what you're looking at today, so don't come yell at me later, if that's where we end up. If you all can't figure out how to work something out. To the developer; you've heard my motion which we've taken off the table, which is a move to deny and I don't know if I have the votes or not have the votes, but I certainly got a quick second, so maybe I do have the votes. I would suggest that you all get very serious about working out an appropriate compromise with the neighborhood and it isn't about two high- rises next door. It's about an entire community, so I've made a comment to the developer. I've made a comment to the community. I'm no magician. I can't make just anything happen. I'm just one guy, City Commissioner here that counts on two other votes to make anything happen. I don't know where those votes are either by the way, nor do you, because none of us voted, so I hope everybody gets very serious and very rational about coming together and getting a compromise that really works because you might end up with something that nobody is going to like. With that said, I will move to continue this item for 60 days which will be the April. Mr. Maxwell: P&Z Agenda. Chairman Winton: P&Z Agenda. Commissioner Sanchez: Second. Chairman Winton: Oh, I'm sorry. I can't do that as a -- Commissioner, would you chair, Commissioner Regalado? Commissioner Regalado: Sure. Commissioner Sanchez: Is there a motion? Chairman Winton: We've got a motion. Commissioner Regalado: OK, there is a motion and a second. All in favor to defer for 60 days, yes, sir? 191 February 27, 2003 Vice Chairman Teele: Hasn't this item been deferred once? Chairman Winton: Continued. Vice Chairman Teele: Hadn't it been continued once? Commissioner Regalado: Yes. Chairman Winton: Yes, it was continued once for 30 days, this is for 60. Vice Chairman Teele: I think -- Chairman Winton: Oh, I'm sorry, Commissioner Teele. Vice Chairman Teele: I think we need to be very careful that it doesn't look like (a) we trying to tire out the public and/or, (b) that we we're avoiding a tough issue. I support the Commissioner from the district. This is a very tough issue. I'm very much impressed with the discussion. We didn't buy the land. If you're going to defer it, I would like for you to ask the City staff to determine whether or not the land is available during that 60 days. Chairman Winton: I'll be glad to ask, but you and I both know where the money is and where the money isn't. I have a sense of what the land value is here --so, I'm not -- I'm not -- while that's a nice idea, you know if somebody writes us a check we might consider. But, OK I will include that in my request. Mr. Maxwell: Can I ask that, that not be part of this motion if you want to address that issue, it be a separate matter? Chairman Winton: That's fine. Mr. Maxwell: After you address the item on the floor? Chairman Winton: Fine. Vice Chairman Teele: Is it your intent -- what is going to happen during the 60 days? Chairman Winton: That the hope here is, as I said to both parties, that they come back here in 60 days with an agreement between the two parties that we can vote on. Mr. Maxwell: OK, Commissioner -- oh so, I'm going to -- let's finish that motion and then I'll address Commissioner's statement. Chairman Winton: Call the question? Mr. Gibbs: Mr. Chairman? Can we have a time certain? 192 February 27, 2003 Chairman Winton: Sure. We'll try 5:30 again? Mr. Gibbs: Thank you. Chairman Winton: OK, call the question. Commissioner Regalado: All in favor on continuing this item for 60 days, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: No nays. The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03-234 A MOTION TO CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR THE GROVENOR PROJECT AT APPROXIMATELY 2610 TIGERTAIL AVENUE TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 24, 2003, WITH A TIME CERTAIN OF 5:30 P.M. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following votes: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Mr. Maxwell: On the issue of Commissioner Teele's motion, I would suggest, Commissioner -- Vice Chairman Teele: I didn't make a motion. Mr. Maxwell: OK. Vice Chairman Teele: I asked Chairman Winton as the district representative, if there's any -- We've heard from the public, Dr. Jude made a very eloquent plea and I don't know if the land's available or not. I mean, but somebody ought to talk to somebody and see if that's something we can pursue or something that just doesn't make sense, I don' know. 193 February 27, 2003 Mr. Maxwell: OK, but I would suggest that -- that there be no discussion of that while this item is pending. 40. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL" AT 2407 SW 6TH STREET Applicant(s): Mesi, Inc) Chairman Winton: There's a request from a gentleman in the audience to pick up his item before we got to all the big ones. It seems to be potentially non -controversial. Every time I get into one of those non -controversial items, they take two hours, so I'm going to hope that it is, so we will go to PZ -17. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -17 and 18, actually are companion items. PZ -17 is First Reading. It is an amendment to the comprehensive plan, 2407 Southwest 6th Street, from single family residential to duplex residential. Recommended for approval by the Planning and Zoning Department, recommended for approval by the Planning Advisory Board. Vice Chairman Teele: Your name, sir, for the record. Eduardo De La Fuente: My name is Eduardo De La Fuente, on behalf of my daughter, Ana Maria Garcia. Vice Chairman Teele: Are you supporting the change or are you opposed to it? Mr. De La Fuente: Who me? Commissioner Sanchez: Yes. Vice Chairman Teele: Yes. Mr. De La Fuente: I'm supporting the change. Vice Chairman Teele: Alright. Just -- if you would step to the side one minute. Are there any persons here in opposition to this item PZ -17 the recommended change by the staff. There being no persons coming forward, the public hearing is closed. Commissioner Sanchez: So moved. Commissioner Regalado: Second. Vice Chairman Teele: Moved and seconded. Is there objection? All those in favor, say "aye." 194 February 27, 2003 The Commission (Collectively): Aye. Vice Chairman Teele: It's an ordinance? Commissioner Sanchez: Yes. Vice Chairman Teele: Mr. Attorney, read the ordinance. The ordinance was read by title into the public record by the, Deputy City Attorney. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2407 SOUTHWEST 6TH STREET, MIAMI, FLORIDA FROM SINGLE FAMILY RESIDENTIAL TO DUPLEX RESIDENTIAL; MAKING FINDINGS, DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: Unanimously adopted, 4/0. 41. FIRST READING ORDINANCE: AMEND PAGE NO. 34 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL AT 2407 SW 6TH STREET (Applicant(s): Mesi, Inc.) Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -18 is the companion item. This is the zoning change recommended for approval by the zoning board and approval by the Planning and Zoning Department. 195 February 27, 2003 Vice Chairman Teele: Is there anyone herein opposition to PZ -18? Commissioner Sanchez: So moved. Commissioner Gonzalez: Second. Vice Chairman Teele: If not, it's moved and seconded. Mr. Attorney? The ordinance was ready by title into the public record by the Deputy City Attorney. Vice Chairman Teele: All right. Madam Clerk. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2407 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Chairman Johnny L. Winton Priscilla A. Thompson (City Clerk): Is Commissioner Winton, absent? Vice Chairman Teele: Yes, he is. Ms. Thompson: Thank you. Vice Chairman Teele: Item passes, 4/0. 196 February 27, 2003 42. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 1700 NW 14TH AVENUE; 1635, 1641 AND 1701 NW 15TH AVENUE; 1601 NW 15TH STREET ROAD AND, 1401 AND 1479 NW 16TH STREET (Applicant(s): Planning and Zoning Department) Vice Chairman Teele: Next item, go right ahead, ma'am. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -6 and 7 are companion Land Use and Zoning. PZ -6 is the second reading ordinance for land use change. This is at the Civic Center area. It's recommended for approval by the Planning and Zoning Department and recommended for approval by the Planning Advisory Board; as I said, second reading. Vice Chairman Teele: Is there any one here in opposition that Item PZ -6 involving the Civic Center? If not, Commissioner Gonzalez, you're recognized for a motion. Commissioner Gonzalez: Move PZ -6. Commissioner Sanchez: Second. Vice Chairman Teele: Moved and seconded. Is there objection? Madam -- Mr. Attorney? The ordinance was ready by title into the public record by the Deputy City Attorney. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1700 NORTHWEST 14TH AVENUE, 1635, 1641 AND 1701 NORTHWEST 15TH AVENUE, 1601 NORTHWEST 15TH STREET ROAD AND 1401, 1479 NORTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "HIGH-DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 197 February 27, 2003 was passed on its first reading, by title, at the meeting of January 23, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12328 Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. 43. SECOND READING ORDINANCE: AMEND PAGE NO. 24 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-4 MULTIFAMILY HIGH DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT 1700 NW 14TH AVENUE; 1635, 1641 AND 1701 NW 15TH AVENUE; 1601 NW 15TH STREET ROAD AND, 1401 AND 1479 NW 16TH STREET (Applicant(s): Planning and Zoning Department). Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -8 is second reading ordinance -- Commissioner Gonzalez: PZ -7, right? Ms. Slazyk: Oh, I'm sorry. Seven is the companion, I'm sorry. You're correct. PZ -7 is the companion zoning change recommended for approval by the Planning Advisory Board and the approval by the Planning and Zoning Department. Commissioner Gonzalez: Move PZ -7. Commissioner Regalado: Second. Commissioner Gonzalez: Is this a public hearing? Joel Maxwell (Deputy City Attorney): Public hearing. This is a public hearing item. Commissioner Sanchez: Alright there is a motion and a second. Mr. Maxwell: Did you open and close the public hearing? 198 February 27, 2003 Commissioner Sanchez: OK, did they open public hearing? Mr. Maxwell: They did. Commissioner Sanchez: Anyone in opposition? Hearing none, there's a motion and a second. All in favor say, "aye". The Commission (Collectively): Aye. Mr. Maxwell: I have to read the ordinance, sir. The ordinance was ready by title into the public record by the Deputy City Attorney. Commissioner Sanchez: Madam Clerk, roll call. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 24 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM (R-4) "MULTIFAMILY HIGH-DENSITY RESIDENTIAL" TO (C-1) "RESTRICTED COMMERCIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1700 NORTHWEST 14TH AVENUE, 1635, 1641 AND 1701 NORTHWEST 15TH AVENUE, 1601 NORTHWEST 15TH STREET ROAD, AND 1401 AND 1479 NORTHWEST 16TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 199 February 27, 2003 was passed on its first reading, by title, at the meeting of January 23, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12329 Priscilla A. Thompson (City Clerk): The ordinance passes is adopted on second reading, 5/0. 44. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 602 SD -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, SUBSECTION 602.3.2, IN ORDER TO ALLOW FOR CERTIFICATE OF COMPLIANCE IN LIEU OF CLASS II SPECIAL PERMITS FOR PROPOSALS THAT COMPLY WITH COMMUNITY APPEARANCE CODE AS INCORPORATED BY REFERENCE COCONUT GROVE CENTRAL COMMERCIAL DISTRICT (Applicant(s): City Manager). Vice Chairman Teele: Go right ahead, ma'am Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -8 is a second reading ordinance to allow certificates of compliance in lieu of Class 11 in the SD -2 Coconut Grove District, recommended for approval by the Planning and Zoning Department and approval by the Planning Advisory Board. Vice Chairman Teele: Commissioner Winton, you may want to pay attention to this, close attention. Chairman Winton: I need to be paying attention anyhow. Vice Chairman Teele: Could you please state what you're doing here, Maam? Ms. Slazyk: This is the second reading ordinance to allow the certificate of compliance in lieu of Class II in Coconut Grove for signage and painting. It's something we've done in other parts of the City and it's been very successful in getting compliance with guides and standards and speeding the process up for people getting permits. 200 February 27, 2003 Chairman Winton: It's a public hearing. Anyone from the public would like to speak on PZ -8? Anyone from the public on PZ -8? Being none, we will close the public hearing. Need a motion. Commissioner Sanchez: Motion. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Is this an ordinance? Mr. Maxwell: Yes, sir. Chairman Winton: OK, would you read the ordinance, please? The ordinance was ready by title into the public record by the Deputy City Attorney. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, ENTITLED SD SPECIAL DISTRICTS GENERAL PROVISIONS, SECTION 602 SD -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, SUBSECTION 602.3.2, TO ALLOW CERTIFICATES OF COMPLIANCE IN LIEU OF CLASS II SPECIAL PERMITS FOR PROPOSALS THAT COMPLY WITH THE COMMUNITY APPEARANCE CODE AS INCORPORATED BY REFERENCE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of January 23, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Vice Chairman Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12330 201 February 27, 2003 Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0. 45. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, BY AMENDING SECTION 917, BY INTRODUCING NEW SUBSECTION 917.14 ENTITLED "PARKING LIFTS", IN ORDER TO ALLOW PARKING LIFTS CONDITIONALLY WITHIN CERTAIN ZONING DISTRICTS, AND ADDING CRITERIA FOR IMPLEMENTATION OF SUCH FORMS OF PARKING (Applicant(s): City Manager). Chairman Winton: PZ -9. Second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -9, second reading recommended for approval by the Planning and Zoning Department; approval by the Planning Advisory Board. This is to allow parking lifts conditionally within certain zoning districts, and adding the criteria. Chairman Winton: This is a public hearing. Anyone from the public like to speak on PZ -9? Being none, we'll close the public hearing. Mr. Attorney, would you read the ordinance? The ordinance was ready by title into the public record by the Deputy City Attorney. Commissioner Regalado: Who moved it? Commissioner Gonzalez: Nobody. Ms. Thompson: Nobody. Chairman Gonzalez: Move PZ -9. Chairman Winton: Thank you, Commissioner Regalado. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Thank you very much. Could you continue reading please. Commissioner Regalado: Don't worry, it's a delay tactic of mine. I just want to keep you here. Chairman Winton: Hey, I'm trying to get us out of here. Commissioner Regalado: So you prove me right. 202 February 27, 2003 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, SECTION 917, BY INTRODUCING NEW SUBSECTION 917.14 ENTITLED "PARKING LIFTS" TO ALLOW PARKING LIFTS CONDITIONALLY WITHIN CERTAIN ZONING DISTRICTS, AND ADDING CRITERIA FOR THE IMPLEMENTATION OF SUCH PARKING; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of January 23, 2002, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Vice Chairman Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12331 Priscilla A. Thompson (City Clerk): The ordinance was adopted on second reading, 5/0. 46. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "RECREATION" TO "SINGLE FAMILY RESIDENTIAL" AT 281 NE 84TH STREET (Applicant(s): Planning and Zoning Department). Chairman Winton: PZ -13. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -13 and 14 are companion items. This is for a land use and zoning change at 281 Northeast 84th Street, from recreation to single- family residential. This is a piece of property that is in private ownership that's got the PR (Parks and Recreation) zoning and land use that was applied to it. As far as we can tell, going back in time, it looks like there was an error, a mapping error here. There seems to be a little park at the end of the block that is officially on public right-of-way, and it looks like when the zoning was applied here, that it was interpreted that the park was the private property. This property is the site of a single-family residence; it's been single-family residential as far back as 203 February 27, 2003 we can tell. There are no covenants or anything tying this property to a park use, and like I said, it's in private ownership, and it appears to have been a mapping error, so this amendment is to correct it and to revert the property back to single-family residential, which is what it's surrounded by. Chairman Winton: Public hearing. Anyone from the public would like to speak on PZ -13? Being none, we'll close the public hearing. Need a motion. Commissioner Gonzalez: Move PZ -13. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Roll call. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 281 NE 84TH STREET, MIAMI, FLORIDA, FROM "RECREATION" TO "SINGLE FAMILY RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. 204 February 27, 2003 47. FIRST READING ORDINANCE: AMEND PAGE NO. 9 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM PR PARKS AND RECREATION TO R-1 SINGLE FAMILY RESIDENTIAL AT 281 NE 84TH STREET (Applicant(s): Planning and Zoning Department). Chairman Winton: PZ -14 is a companion to PZ -13. Public hearing. Anyone from the public would like to speak on PZ -14? Being none, we'll close the public hearing. Need a motion. Commissioner Gonzalez: Move PZ -14. Chairman Winton: Fourteen. Second? Commissioner Regalado: Second. Chairman Winton: Commissioner Regalado. Got a motion and a second. Read the ordinance, please. Roll call. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 9 OF THE ZONING ATLAS OF ZONING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING ZONING CLASSIFICATION FROM PR PARKS AND RECREATION TO R-1 SINGLE FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 281 NE 84TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is adopted on first reading, 5/0. 205 February 27, 2003 48. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL" AT 615 SW 2ND AVENUE (Applicant(s): William O. and Marjorie Brickell, Trustees and Riverfront Village LLC (Contract Purchaser). Chairman Winton: PZ -15, this is a public hearing. Anyone from the public would like to speak on PZ -15? Commissioner Gonzalez: (UNINTELLIGIBLE). Chairman Winton: Well, I don't know yet. Lourdes Slazyk (Assistant Director, Planning & Zoning): Recommended for approval by the planning Advisory Board, approval by Planning and Zoning Department. It's a land use change. I just wanted -- Chairman Winton: Anyone from the public would like to speak in opposition to this item? Gil Pastoriza: Let me just introduce for the record -- Chairman Winton: Sure. Mr. Pastoriza: -- Gil Pastoriza -- a letter from the Miami River Commission supporting these two items. Unidentified Speaker: You beat me to it. Commissioner Gonzalez: (UNINTELLIGIBLE) to it. Chairman Winton: OK. Anyone else from the public? David, do you want to speak? David Miller: Yes. Dave Miller, Managing Director of the Miami River Commission. Mr. Pastoriza beat me to the punch line. I wanted to introduce this letter of recommending approval of this zoning change from marine industrial to commercial in this particular area and it is in harmony with our strategic plan, the Urban Infill Plan for the Miami River. Thank you very much. Chairman Winton: Thank you. Anyone else from the public would like to speak on PZ -15? Being none, we'll close the public hearing. Need a motion. Commissioner Gonzalez: Move PZ -15. Chairman Winton: Need a second. Commissioner Teele, second? 206 February 27, 2003 Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. The ordinance was read by title into the public record by the Deputy City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 615 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Vice Chairman Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Chairman Winton: Roll call. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. 49. FIRST READING ORDINANCE: AMEND PAGE NO. 36 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM SD -4 WATERFRONT INDUSTRIAL DISTRICT TO SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT AT 615 SW 2ND AVENUE (Applicant(s): William O. and Marjorie Brickell, Trustees and Riverfront Village LLC (Contract Purchaser). Commissioner Sanchez: Yes, ma'am. Chairman Winton: PZ -16. 207 February 27, 2003 Commissioner Sanchez: If the Miami River Commission is supporting it, I am. Chairman Winton: Yeah, right. OK. PZ -16 is companion to 15. A public hearing. Anyone from the public would like to speak on PZ -16? Being none, we'll close the public hearing. Need a motion. Commissioner Gonzalez: Move PZ -16. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. The ordinance was read by title into the public record by the Deputy City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM SD -4 WATERFRONT INDUSTRIAL DISTRICT TO SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL - RESIDENTIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 615 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Chairman Winton: Roll call. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. 208 February 27, 2003 Mr. Pastoriza: Thank you. Goodnight. Chairman Winton: Thank you. Did we do 17 and 18 already? Ms. Slazyk: Yes. Chairman Winton: Yes? OK. 50. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 2264 SW 7TH STREET (Applicant(s): Diego Duran and Ana Quintero, Owners. Chairman Winton: So, PZ -19. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -19 and 20 are companion land use zoning change for 2264 Southwest 7th Street. The Planning and Zoning Department is recommending approval. The Planning Advisory Board on PZ -19, it was a recommendation of denial, due to a failure of obtaining five favorable votes. It was in favor for the two, but they needed five to pass on a favorable recommendation to you. This is from single-family residential to restricted commercial along Southwest 7th Street. It's adjacent to another restricted commercial site and all the other properties on that block are parking for the back side of the 8th Street, so this is really the only noncommercial use on this block left, so we recommended approval. Chairman Winton: OK. Well, you couldn't -- I couldn't tell that from the -- not from the map you had in here, so I didn't understand it at all, but now I -- so everything else along there is already commercial. Ms. Slazyk: The backsides are parking -- Chairman Winton: Got it. Ms. Slazyk: -- from the 8th Street, and then the one other site that was residential on the block has already changed to commercial. Chairman Winton: Got it. OK. This is a public hearing. Anyone from the public would like to speak on PZ -19? Being none, we'll close the public hearing. Need a motion. Vice Chairman Teele: So moved. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. The ordinance, please. The ordinance was read by title into the public record by the Deputy City Attorney. 209 February 27, 2003 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2264 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Teele, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Roll call. Priscilla A. Thompson (City Clerk): Roll call. The ordinance is passed on first reading, 5/0. 51. FIRST READING ORDINANCE: AMEND PAGE NO. 34 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT 2264 SW 7TH STREET (Applicant(s): Diego Duran and Ana Quintero, Owners). Chairman Winton: PZ -20 is a companion Item. It's a public hearing. Anyone from the public would like to speak on PZ -20? Being none, we'll close the public hearing. Need a motion. Commissioner Gonzalez: Move PZ -20. Chairman Winton: Need a second. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. 210 February 27, 2003 The ordinance was read by title into the public record by the Deputy City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF ORDINANCE NO. 11000. AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2264 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. It was introduced by Commissioner Gonzalez, seconded by Vice Chairman Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: None Chairman Winton: Roll call. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. 211 February 27, 2003 52. TABLED: CONSIDERATION OF AMENDING ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 3221 SW 23RD STREET AND CONSIDERATION OF AMENDING PAGE NO. 42 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C- 1 RESTRICTED COMMERCIAL AT 3221 SW 23RD STREET (See #57 & 58). Chairman Winton: PZ -21, staff. Vicky Garcia -Toledo: Commissioner Winton, if I may -- Vicky Garcia -Toledo -- I would like to request that we be left for last on the agenda. There's a group of neighbors that are coming. They're on their way. They're in route -- Chairman Winton: No problem. Ms. Garcia -Toledo: -- in support of this. Chairman Winton: OK, we'll hold off on PZ -21. Lourdes Slazyk (Assistant Director, Planning & Zoning): And 22, the companion. Chairman Winton: And 22, OK. 53. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "OFFICE" TO "RESTRICTED COMMERCIAL" AT 122, 130 AND 132 SW 2ND STREET, 201 SW 2ND AVENUE, 251, 259 AND 265 SW IST COURT (Applicant(s): Planning and Zoning Department). Chairman Winton: So, PZ -23. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -23 and 24 are also companion items. This is for the properties in the river quadrant area right next to -- right down the street from the Miami River Commission (Miami Riverside Center) building. Most of the river quadrant area had been rezoned over the years to either SD -15 or some other commercial district. This is the one piece that's left in the quadrant that's still an office designation. In an attempt to get the River quadrant all under the unified zoning so it could be mixed use, this is an application to change the subject property from office to restricted commercial and the companion Item to the SD -6, which is the companion zoning. It was recommended for approval by the Planning Advisory Board and approval by the Planning and Zoning Department. Chairman Winton: OK. Public hearing. Anyone from the pubic would like to speak on PZ -23? No one from the public appears. We'll close the public hearing. Need a motion. 212 February 27, 2003 Commissioner Gonzalez: Move PZ -23. Chairman Winton: And a second, Joe. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. The ordinance was read by title into the public record by the Deputy City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 122,130 AND 132 SOUTHWEST 2ND STREET, 201 SOUTHWEST 2ND AVENUE, 251, 259 AND 265 SOUTHWEST 1sT COURT, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. 213 February 27, 2003 54. FIRST READING ORDINANCE: AMEND PAGE NO. 36 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM O OFFICE TO SD -6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICT AT 122,130 AND 132 SW 2ND STREET, 201 SW 2ND AVENUE, 251, 259 AND 265 SW 1sT COURT (Applicant(s): Planning and Zoning Department). Chairman Winton: PZ -24 is a companion. It's public hearing. Anyone from the public would like to speak on PZ -24? Apparently not. We'll close the public hearing. Need a motion. Commissioner Gonzalez: Move PZ -24. Chairman Winton: Second, Joe? Commissioner Teele? Commissioner Sanchez: Second. Chairman Winton: Got a motion and second. Read the ordinance, please. The ordinance was read by title into the public record by the Deputy City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 36 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM (0) "OFFICE" TO (SD -6) "CENTRAL COMMERCIAL RESIDENTIAL DISTRICTS" FOR THE PROPERTIES LOCATED IN THE DOWNTOWN MIAMI AREA MORE PARTICULARLY DESCRIBED AS 122, 130 AND 132 SOUTHWEST 2ND STREET, 201 SOUTHWEST 2ND AVENUE, 251, 259 AND 265 SOUTHWEST IST COURT, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 214 February 27, 2003 Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 5/0. 55. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP) IN ORDER TO AMEND GOALS, OBJECTIVES, AND POLICIES OF TRANSPORTATION ELEMENT TO IMPLEMENT EVALUATION AND APPRAISAL REPORT (EAR) GROUP III RECOMMENDATIONS, AFFIRM DESIGNATION OF AN URBAN INFILL AREA, AFFIRM DESIGNATION OF NEW CATEGORY OF PUBLIC THOROUGHFARES ENTITLED "URBAN STREETS", AND RESPOND TO NEW STATE REQUIREMENTS; AMEND ORDINANCE 10544 TO AMEND GOALS, OBJECTIVES, AND POLICIES OF PARK, RECREATION AND OPEN SPACE ELEMENT TO INCLUDE SPECIFIC GOALS ASSOCIATED WITH NEW PARK IN LITTLE HAITI AREA (Applicant(s): City Manager). Chairman Winton: PZ -25, second reading. Joel Maxwell (Deputy City Attorney): Commissioner. Chairman Winton: Yes. Mr. Maxwell: Just -- Mr. Chairman, for the record, the Planning Department would want to indicate to you that what you have here is a bifurcated ordinance from the first ordinance. So, you have two ordinances in PZ -25; one is an EAR (Evaluation Appraisal Report) amendment generally, and the other deals with the Little Haiti area. Lourdes Slazyk (Assistant Director, Planning & Zoning): The Parks and Recreation element. Let me just explain real quick. These were two items that came to you as two separate items on first reading. Because the submittal to DCA (Department of Community Affairs) for the large scaled amendments -- whenever we amend the text to the comp plan, it's a large-scale amendment -- they were submitted together to DCA and came back. Now, for final action, there is two ordinances that will approve Item PZ -25. One was the EAR amendments and the second one was amendment to the Parks Recreation and Open Space Element regarding the goals, objectives and policies for the Little Haiti Park. So, for you to adopt this, you need to adopt two ordinances to resplit the items for adoption. Mr. Maxwell: And just for the record -- Ms. Slazyk: You saw them first reading separately. Chairman Winton: Yes, sir. Mr. Maxwell: Just for the record, Ms. Slazyk, both ordinances were noticed -- properly noticed? 215 February 27, 2003 Ms. Slazyk: Yes. Yes, they were. Because the title -- one goes right into the other. They were properly noticed. Chairman Winton: This is a public hearing. Anyone from the public would like to speak on PZ - 25? Being no one, we'll close the public hearing. Need -- do we -- should we -- Ms. Slazyk Twenty-five "A" and `B." Chairman Winton: -- treat these as two separate motions? Mr. Maxwell: Yes. Chairman Winton: OK. Need a motion on the first ordinance, which is -- is that the EAR or the Ms. Slazyk The transportation element, yes. Chairman Winton: OK. So, we need a motion -- Commissioner Gonzalez: PZ -- Chairman Winton: -- second reading -- Commissioner Gonzalez: Move PZ -25. Chairman Winton: -- of the first ordinance. Commissioner Gonzalez: The first ordinance. Chairman Winton: OK. Got a motion. Need a second. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. Roll call. 216 February 27, 2003 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE TEXT OF THE GOALS, OBJECTIVES, AND POLICIES OF THE TRANSPORTATION ELEMENT, SAID AMENDMENTS MAKING SUBSTANTIVE ADDITIONS AND DELETIONS, TECHNICAL CHANGES, AND UPDATING OF TIME FRAMES IN ACCORDANCE WITH THE RECOMMENDATIONS OF: "THE 1995 EVALUATION AND APPRAISAL REPORT ON THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000" (EAR) ADOPTED NOVEMBER 16, 1995 BY RESOLUTION 95- 830; THE REPORT ON "SUFFICIENCY ISSUES WITH RESPONSES BY THE CITY OF MIAMI, INCLUDING REVISIONS IN RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) LETTER OF SEPTEMBER 13, 1996" ADOPTED OCTOBER 24, 1996 BY RESOLUTION 96-796; IN AFFIRMATION OF DESIGNATION OF AN URBAN INFILL AREA ADOPTED NOVEMBER 16, 1999 BY ORDINANCE 11864; IN ACCORDANCE WITH THE DESIGNATION OF A CATEGORY OF PUBLIC THOROUGHFARES ENTITLED "URBAN STREETS" ADOPTED OCTOBER 24, 2001 BY RESOLUTION 01-1126; AND/OR IN RESPONSE TO STATE REQUIREMENTS AS DESCRIBED IN CHAPTER 163, F.S. AND CHAPTER 9J-5, F.A.C.; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of February 19, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Gonzalez, seconded by Vice Chairman Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12332. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Need a motion on the second ordinance. 217 February 27, 2003 Vice Chairman Teele: So moved. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Read the ordinance, please. Mr. Maxwell: "An ordinance of the Miami City Commission, with attachments, amending" -- Chairman Winton: Oh, wait a minute. Don't I have to do the public hearing part on the second one, as well? Mr. Maxwell: I'm sorry. Yes, you do. Ms. Slazyk: Yes. Chairman Winton: OK. Public hearing on the second ordinance of PZ -25. Anyone from the public would like to speak on the second ordinance related to PZ -25? Being none, we'll close the public hearing. We have a motion and a second. Please read the ordinance. Roll call, please. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE TEXT OF THE GOALS, OBJECTIVES, AND POLICIES OF THE PARKS, RECREATION AND OPEN SPACE ELEMENT TO INCLUDE SPECIFIC GOALS ASSOCIATED WITH A NEW PARK IN THE LITTLE HAITI AREA; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 218 February 27, 2003 was passed on its first reading, by title, at the meeting of February 19, 2003, was taken up for its second and final reading, by title and adoption. On motion of Vice Chairman Teele, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12333. The Ordinance was read by title into the public record by the Deputy City Attorney. 56. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTIONS 914, 605, 606 AND 607, IN ORDER TO MODIFY PROVISIONS RELATED TO AFFORDABLE HOUSING TRUST FUND (Applicant(s): City Manager). Chairman Winton: PZ -26. Yes, ma'am. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -26 is a first reading ordinance amending Articles 9 and 6 of the zoning ordinance, in order to modify the provisions related to the Affordable Housing Trust fund. Specifically, the way that's written now, the trust fund dollars collected in special districts five, six and seven, which is the Brickell and Omni areas, need to be targeted back into specific neighborhoods. This has reduced the flexibility of the City to be able to use it where we have specific programs going on, like the homeownership zone in Model City, so removing that restriction on where the funds can be used will allow us to use it in other areas of the City where the initiatives are taking place. This is something that will help the Community Development Department and Economic Development in leveraging those funds with other dollars, so we're recommending approval, and it was recommended approval by the Planning Advisory Board. Chairman Winton: This is a public hearing. Anyone from the public would like to speak on PZ - 26? Being none, we'll close the public hearing. Need comments or a motion. Commissioner Gonzalez: Move PZ -26. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Discussion? Being none, would you please read the -- is this an ordinance? 219 February 27, 2003 Joel Maxwell (Deputy City Attorney): Yes, it is. Chairman Winton: Please read the ordinance. The ordinance was read by title into the public record by the Deputy City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 9 AND 6, SECTIONS 914, 605, 606 AND 607, TO MODIFY PROVISIONS RELATED TO THE AFFORDABLE HOUSING TRUST FUND; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Roll call. Priscilla A. Thompson (City Clerk): Roll call. The ordinance is passed on first reading, 5/0. 57. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT 3221 SW 23RD STREET (APPLICANT(S): SHAMROCK AT THE GABLES, LLC (SEE #52). Chairman Winton: OK. We only have one PZ (planning and zoning) item left and that's the one that we moved back. What item is that, Vicky? Joel Maxwell (Deputy City Attorney): 21 and 22. Vicky Garcia -Toledo: 21 and 22. 220 February 27, 2003 Chairman Winton: 21 and 22, so -- Ms. Garcia -Toledo: And, if you wish, I'll start and hopefully -- one of the neighbors is here already and others will arrive as I am doing the presentation. Chairman Winton: OK, please. Oh, I mean, staff. Sorry. Lourdes Slazyk (Assistant Director, Planning & Zoning): Thank you. PZ -21 and 22 are companion land use and zoning change. PZ -21, which is the land use change, it's at 3221 Southwest 23rd Street. The Department is recommending denial. It was also recommended for denial by the Planning Advisory Board. If you look at the maps that's in your package, you'll see that this is a specific request that's being made to -- you know, it's not a logical extension of the commercial category into the residential area. It is breaking a very stable line in a stable area. We don't think this is consistent with the comp plan and we recommend denial. Chairman Winton: Yes, ma'am. Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at 200 South Biscayne Boulevard. We are here today to request a land use and zoning change for a lot that is directly adjacent to C-1 property fronting 32nd Avenue, and maybe, if I can move it more into the light, you can see the actual lot that is the subject matter of your application and we are requesting a zoning change and a land use change. Those requests are legally correct and have the basis by meeting the requirements for such changes in your code, but let me give you a little bit of history why we're here; and let me also say that even though the Planning Advisory Board recommended denial of this application, they passed a companion resolution, after their vote of denial, suggesting to -- or recommending to this board that if you saw fit to approve this application, based on our proffer of a voluntary covenant, that they would have no objection to doing so. Basically, the reason that we're making this request to alter the land use and zoning change of this lot is because, if you have traveled on 32nd Avenue across Victor's Cafe, you will have seen that there is a shell of a building that has been under construction for approximately three or four years, and what occurred was that three or four years ago, this building was approved and obtained a building permit by right. They did not need any zoning of land use changes to obtain that building permit. That building permit occurred at a time where the City of Miami zoning code had something called "dense," and so if you had an apartment, a one - bedroom apartment, with a den, you only needed one parking space because the den was not considered a bedroom and, therefore, you did not need a second parking stall for that apartment. Fortunately, your Planning staff got very smart about two years ago and they changed that to where now, even if it says "den," you still have to treat it as a bedroom and you still have to treat it as an additional bedroom. Now, what happened was that my client -- this building has been -- the construction was stalled and you have seen it in shambles because there was litigation between the developer and the builder and, as a result, nothing happened until my client purchased the building out of court and is now seeking to finish the building. Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes, sir. 221 February 27, 2003 Commissioner Regalado: Let me say something because, since I have so few projects in my district, I know them all, but this one has been a headache. There were four homeless living in that building. They caused a fire. They opened all the water main; flood the house in the back next door. There was then people coming in and out taking building materials all the time. They destroyed three or four cars in the neighborhood. That building was really a headache for the residents, and the question that I get from all the residents in that area is, what are they going to do with that building? Are they going to demolish it or are they going to finish it? Because every time that, you know, somebody takes possession of that building, which has been, I think three or four owners, they put a fence, but the people -- Ms. Garcia -Toledo: Knock down the fence. Commissioner Regalado: -- they broke the fence, and it's becoming a nightmare for the residents in that area, I just want to make that comment because that's not in the files, that's not in the backup material, but that building has been a pain for the residents of that area. Chairman Winton: Yeah, Vicky, would you continue, please? Ms. Garcia -Toledo: And, Commissioner, we are expecting a completion date of September or October of 2003, so we're a few months away from that, and this building is fully permitted. My client does not have to be here on the application to change this land use and zoning. Why? Because he has a building permit and this building is completely legal as it was approved. The problem is that he knows that when this building is complete, if you were to apply today's parking code, this project will be approximately 20 to 26 parking spaces short, and what my client knows that will happen is that people will move in saying they're going to use the one - bedroom as a den and then use it as a bedroom, and they'll have two cars instead of one, and those cars have no place to go, except parking on the Street. Now, if I can show you this particular site plan, you will see -- the red is the building site; the orange next to it is the lot that we want to, in fact, change for parking in support of the building; the yellow around it are neighbors who are actually in support of this, and I have put previously in the record, and will do so again, 13 letters from neighbors in the direct vicinity of the property who want this Commission to approve this land use and zoning change so that that one lot next door, which my client, by the way, has already purchased, can have the house demolished and so that he can do a two-level parking deck. Now, he is going through the extreme expense of digging out, and what he's proposing to do here is -- the building has a basement parking, so he wants to do basement parking on this lot so that the second deck or the upper deck will be approximately ten feet above ground, so that that top deck will be the same height of the houses around it. He is -- there will be no access to that additional parking from the residential street, so that it will blend as much as possible. All the access into this parking deck will be from the commercial building. Commissioner Sanchez: From the commercial building? Ms. Garcia -Toledo: Yes, from the residential building on the commercial side of 32nd Avenue. You're following me? No? 222 February 27, 2003 Commissioner Sanchez: No. You need to explain that to me. Ms. Garcia -Toledo: OK. The building, the existing building, the apartment building is located on C-1 property. This is commercial. Commissioner Sanchez: Right. Ms. Garcia -Toledo: OK. Commercial zoned, but it's a residential building. The entrance to this building is in that area of land that is zoned C-1. What we are doing by taking this lot is that we are not providing any entrance into this lot from the residential street. In order to access this parking, should you approve this tonight, the access will be from the basement parking of the residential building, so in other words, we will not be adding any elements of parking to that lot. Further, if you look at this particular aerial, you will see, this is where the proposed parking deck will go. This neighbor and this neighbor have signed letters and, in fact, some of them are here now, and I would like you to hear from them because they certainly don't want to have difficulties coming out of their houses or being able to park in front of their houses because others have taken those parking lots. I would also like to share with you that this lot that we're asking to rezone is directly across from the existing surface parking for what used to be Victor's Cafe, which is now Renaissance Hall. This is a particular area of a neighborhood which has a parking problem, especially on weekends. Victor's Cafe or Renaissance Hall is directly across the way. The Concord Club -- it's a night club -- is across the other corner, and there is -- Commissioner Regalado: Let me interrupt you. The Concord has valet parking, and they park all over the residents in that area. That is another problem, so you know, whoever fixes or help alleviate the situation of parking in that area, for me it's welcomed, because what we having with the Concord now, it's a big, big problem with the valet parking at 3 a.m. and at 4 a.m. in the morning. Ms. Garcia -Toledo: And this developer certainly does not want to add to the problems in the neighborhood. I'd like to have the neighbors speak to you, briefly. Vice Chairman Teele: How many people are going to be speaking in opposition? Ms. Garcia -Toledo: No one, I don't think. Vice Chairman Teele: So the opposition is staff opposition. Ms. Garcia -Toledo: Correct. Chairman Winton: Any other -- OK. Are you finished with your presentation? Vice Chairman Teele: She wants to put on her -- Ms. Garcia -Toledo: If the neighbors could just -- they took the time to come down here. 223 February 27, 2003 Chairman Winton: Fine. Yes, sir. Jacobo Rodriguez: (as translated by Spanish interpreter, Ondina Suarez) Good evening. My name is Jacobo Rodriguez, and I'm the closest neighbor to them. I have a house and a duplex. I'm right next to them. I think that's going to be good for us. It's like now they won't be parking in front of us if they have a place to park, because, you know, the Concord has finished us (UNINTELLIGIBLE). They start off like really early in the morning. They're throwing bottles and things. It's really bad for us. It's a very big problem for us, for the neighbors. One day, I hope they'll have to resolve that. Thank you. Chairman Winton: Thank you. Jose Adan (as translated by Spanish interpreter, Ondina Suarez): Good evening and hello to my friends, Tomas Regalado and Mr. Teele, old friends. I am in favor of this petition for the same reasons stated before, the parking, and so (UNINTELLIGIBLE) the front of the houses. We have our own parking. As you know, my home already. I wanted to clarify something, and if someone would be directly affected, it would be directly me because the buildings are like right next and behind. I'm totally blocked by them, so everything's within the City norms and I believe they have worried. As a matter of fact, with this new problem with the parking, all of you, better than I, know all of the problems that we have had with the transit, so good luck. Chairman Winton: Thank you. Vicky, anything else? Ms. Garcia -Toledo: No. Just if you have any questions, Commissioner. Chairman Winton: OK. Commissioner Regalado, would you like to start the discussion? Vice Chairman Teele: (INAUDIBLE) public hearing. Chairman Winton: Oh, yeah. I'm sorry. Anyone else from the public would like to comment? Being none, we'll close the public hearing. Commissioner Regalado. Commissioner Regalado: Thank you very much. Vice Chairman Teele: Tomas, would you yield just one -- Commissioner Regalado: Sure. Vice Chairman Teele: Vicky, I want to compliment you because you, very clearly, outlined the fraud that has been going on in this city -- Chairman Winton: Absolutely. Vice Chairman Teele: -- for 20 to 25 years. I don't know who did who; how this thing got this way. I don't understand how the City process has allowed it to get out of control. It's really bad in the poor neighborhoods. You don't have this problem on Brickell, per se, but Johnny, I lived 224 February 27, 2003 on 11th Street, right in front of the Water and Sewer facility there on 11th Street, near the Winn Dixie, one bedroom, one study. Cars are all up and down the road, all up and down the side road; you can't get in; fist fights, gun fights over parking spaces. It's crazy, and everybody knows that this one -bedroom, one -study, it's nothing but a fraud. Chairman Winton: Right. Vice Chairman Teele: And why we, as a staff, and why we, as a City, don't recognize it and encourage creative solutions, I just don't -- I don't get it, so I mean, I'm one -- no matter what Commissioner Regalado says -- I don't know if he's for you or against you. It's his District, but whatever he says, I'm for it, because it's an intelligent solution to a very real problem that we have created in this City. Ms. Garcia -Toledo: Thank you, Commissioner. Vice Chairman Teele: So I don't mean to disrespect you, but I just feel so strongly about that. Commissioner Regalado: I really thank you, and you're right. I don't know who did that and who did what, but let me tell you something. There are houses that people live in next to a night club that stays open until 5 a.m. People go into the houses and do what they have to do at 5 a.m. There are shootings. Police have been there three times in the last 30 days. The parking situation is a mess, because you have some valet parking people that, you know, they want to make a buck and they park right in front of the driveway. They're calling me -- and when I say "me," they're calling me directly because I have friends in that area, and they call me on my cell and it's really a mess, and those are the things that, when the staff look at something, they do not look at it, and I know that the people at the MRC cannot go, but they should go to see what mess is that area, and let me tell you, if anybody brings a little solution to that area, you know, I welcome them with open arms, so I am moving for approval on first reading. Chairman Winton: We have a motion. Need a second. Vice Chairman Teele: Second. Chairman Winton: Second. I would like to comment. I agree with the comments that all of you have made, wholeheartedly, because we are put in an impossible situation here. No matter what we do, we're screwing up this neighborhood, because if we deny the additional parking, then they're going to park -- more people are going to park in driveways, and if we approve it, we're creating a real -- I think a problem for the adjacent neighborhoods. Here's my real concern -- and I haven't sorted through how I'm going to vote yet -- I'm in favor of allowing additional parking on that site because we have virtually no choice, but I'll tell you what bothers me immensely and that's this double -deck business. We're going to allow them to build a parking structure there that's literally going to bump up against two duplexes; one to the north and one to the west. Now, it's one thing if you're at surface parking and you've got nice landscaping and it buffers the sound. You're not going to have sound buffering on that second deck. There's just going to be noise going straight into the bedrooms of the units that are going to be adjacent, so I think we need to have a little more dialogue about how this developer's going to be allowed to 225 February 27, 2003 deal with this parking issue. I think the deck part of this is a huge, huge mistake. I think what you're going to end up with, Commissioner Regalado, are two adjacent buildings, where they're not going to be able to lease those spaces or live in those spaces because when you're talking about multiple cars driving onto the deck -- and that could be 24 hours a day, 7 days a week -- that's a very, very noisy kind of element that's going to pop right into their bedrooms, so I'm in favor of creating a surface parking lot there. I think, if you're going to approve a deck, I think there needs to be an awful lot of additional conversation about how they're going to noise - attenuate and create an appropriate visual buffer between real residential properties and this deck. Ms. Garcia -Toledo: Commissioner, if I may, perhaps, I can -- I misspoke or I didn't make myself clear. When I say two levels, it's because one level is a basement. Chairman Winton: But the other one's ten feet high, you said. Ms. Garcia -Toledo: The other one, at the highest point, will be ten feet, which is the same height as a house. Chairman Winton: That's my point. Ms. Garcia -Toledo: So when you look at it from the street, you are flushed with the height of the houses. Chairman Winton: But we're not looking at it from the street, Vicky; I'm looking at it from my bedroom window. Ms. Garcia -Toledo: We're also going to have, I believe it's a ten -foot buffer between the house and the actual deck, and if I may show you the -- we have a rear view. This is the rear view of the building and if you see here, this is the finished look of the deck that we're talking about. We've created elements, architectural elements to tie it into the building, but at the same time, create a roofline similar to what a house roofline would be. Perhaps, I can send this up there? Chairman Winton: Please. And you know, a continuation of a point that I didn't quite finish and that is, if you, in fact, create a real problem for each of those two properties on either side, you can't lease them or the people won't live them because of sound and the visual appearance, then you begin the classic cancer that creates blight in the neighborhood that just begins to eat it up, because it's a domino effect. This one goes down, then that one goes down, then that one goes down, so -- Ms Garcia -Toledo: Commissioner, there's two other issues. We're going to tie ourselves to a covenant that this property will be used in this fashion and in support of this building, for as long as the building is there. If the building ever ceases to exist as a apartment building, then we can offer that the land will revert back to its original zoning. 226 February 27, 2003 Chairman Winton: Vicky, I don't see the cars in this parking structure. Can you tell me, will cars be actually hidden, like this rendering suggests, or will the cars be visible once they get up on that deck? Ms. Garcia -Toledo: There will be a -- I believe it's a 42 -inch wall so when the car is there, you might see the rooftops of the cars, but not the lights and the body of a car. Also Commissioner, the two gentlemen you just heard from are those two homes directly behind and to the side. Chairman Winton: Yes, I know, but they haven't put up with that car coming in with their lights shining in their bedroom window every night, yet, so our job is to -- while we have an opportunity to protect them as best as we can now, because this is the only opportunity we have to do that -- Could I ask a question here? Has the Planning Department reviewed this parking structure? If we were to approve this -- and I think there's -- I think the Commission wants to approve it, but I think we need to make sure that when we do this, we create every opportunity to protect those neighbors that we can and so my question is this: Has the Planning Department reviewed, in detail, the parking structure itself, keeping in mind this issue over the cars on that deck and the impact it may have on the two surrounding properties? Ms. Garcia -Toledo: No, Commissioner, they have not but we will be willing to work with them, if you are -- want to put that as a condition. We will be happy to submit this for their enhancement and any positive ideas or suggestions that they can give us in how to improve it. Chairman Winton: Could we approve this subject to something like that? Ms. Garcia -Toledo: I can make that part of my voluntary proffer. Joel Maxwell (Deputy City Attorney): Yes, that -- Commissioner Regalado: Why don't you do that? Mr. Maxwell: That would be the best way. Chairman Winton: Yes, ma'am, Lourdes. Turn your microphone on. Go to another microphone. Vice Chairman Teele: It's time to go home. Chairman Winton: Yeah, they've turned the sound off. That's one way to get us out. Ms. Slazyk: What you would do in the next item, the zoning item is, you would accept their voluntary proffered covenant outlining what Vicky has proffered, and add -- and this is where the Planning Advisory Board, their separate motion to you was, if you were to so approve this, that you would accept that covenant and include design review as part of it -- Chairman Winton: OK, I'll accept that. Ms. Slazyk: -- for the Planning and Zoning Department. 227 February 27, 2003 Chairman Winton: Fine. Thank you. I have no other comments. Also, we -- let's see, so we have a motion and a second. Is this an ordinance? Mr. Maxwell: Yes, sir. Chairman Winton: Read the ordinance, please. Roll call. The ordinance was read by title into the public record by the Deputy City Attorney. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3221 SOUTHWEST 23RD STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Regalado, seconded by Vice Chairman Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Roll call please. Priscilla A. Thompson (City Clerk): Roll call. The ordinance is passed on first reading, 5/0. 228 February 27, 2003 58. FIRST READING ORDINANCE: AMEND PAGE NO. 42 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT 3221 SW 23RD STREET (APPLICANT(S): SHAMROCK AT THE GABLES, LLC (SEE #52) Chairman Winton: PZ -22, companion item, public hearing. Anyone from the public would like to comment on PZ -22? Being none, we'll close the public hearing. Commissioner Regalado: Move to approve. Chairman Winton: Move to approve with the proffered -- Joel Maxwell (Deputy City Attorney): Voluntary covenant. Commissioner Regalado: With the covenant offer -- Chairman Winton: -- voluntary covenant. Yes. OK, so we have a motion -- Commissioner Gonzalez: Second. Chairman Winton: -- and a second. Read the ordinance, please. Roll call, please. The ordinance was read by title into the public record by the Deputy City Attorney. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3221 SOUTHWEST 23RD STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 229 February 27, 2003 was introduced by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Priscilla A. Thompson (City Clerk): Roll call. The ordinance is passed on first reading, 5/0. Vicky Garcia -Toledo: Thank you. 59. GRANT REQUEST FROM COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE TO WAIVE RESTRICTION OF BACK TO BACK EVENTS FOR ALS RUN SCHEDULED FOR APRIL 19, 2003 AND CPA RUN SCHEDULED TO BE HELD ON APRIL 15, 2003. Chairman Winton: That concludes the PZ (planning & zoning) agenda items. Do we have any other -- Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes sir. Commissioner Regalado: I have a request from the Coconut Grove Marketing Committee. It's about the ALS (Advanced Life Support) run on April 19th. A motion to waive the restriction on back-to-back events for the ALS run, which is scheduled to be held on April 19, 2003. The other event is the CPA (Certified Public Accountant) run, scheduled to be held on April 15, 2002. On February 12th, the Coconut Grove Special Events and Marketing Committee approved this request of waiver of two back-to-back events and recommended approval to the City Commission. That's my motion. Chairman Winton: OK. Got a motion. Need a second. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. 230 February 27, 2003 Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03 -23 5 A MOTION GRANTING REQUEST FROM COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE TO WAIVE THE RESTRICTION OF BACK TO BACK EVENTS FOR THE ALS RUN SCHEDULED FOR APRIL 19, 2003 AND THE CPA RUN SCHEDULED TO BE HELD ON APRIL 15, 2003. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Anything else? Commissioner Regalado: Thank you. 60. URGE STATE OF FLORIDA TO CONTINUE FUNDING DR. RAFAEL A. PENALVER CLINIC MINORITY COMMUNITY OUTREACH PROGRAM, WHICH SERVES 13,000 PATIENTS, $450,000. Chairman Winton: Commissioner Sanchez. OK, hit it. Commissioner Sanchez: I have a pocket item, reference Dr. Rafael A. Penaver Clinic, which is a clinic that provides services to a minority in the community. They have a program that serves 13,000 patients; more than 70 percent of them from all over this city. The clinic has received $450,000 in annual state funds for its outreach program -- each of the past year, but due to the shortfall in Tallahassee, they're very concerned that they're not going to get that amount, so all they're asking is for us to support a resolution urging the state of Florida to continue funding the clinic that amount, which is $450,000. So moved. Vice Chairman Teele: Second the motion. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye." 231 February 27, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-236 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE STATE OF FLORIDA DEPARTMENT OF HEALTH, OFFICE OF MINORITY HEALTH, TO CONTINUE FUNDING, AT NO LESS THAN $450,000 ANNUALLY, THE DR. RAFAEL A. PENALVER CLINIC MINORITY COMMUNITY OUTREACH PROGRAM WHICH PROVIDES HEALTH CARE SERVICES TO MORE THAN 13,000 NEEDY INDIVIDUALS LIVING IN THE MIAMI AREA; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 61. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM. Chairman Winton: I have one. This was an item that was supposed to be on the agenda and, you know, through some technicality, we didn't get it on the agenda, and we have to act on this. This is simply a pocket item authorizing a request to submit an application for a grant to the Florida Inland Navigation District for the Bicentennial Park Shoreline Stabilization Project in an amount not to exceed seven hundred thousand dollars ($700,000). So we're simply -- we need authorization to apply for that grant. Commissioner Sanchez: So moved. Vice Chairman Teele: Second. Commissioner Gonzalez: Second. 232 February 27, 2003 Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-237 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, ATTACHED AND INCORPORATED, IN AN AMOUNT NOT TO EXCEED $700,000, FOR THE BICENTENNIAL PARK SHORELINE STABILIZATION PROJECT -STAGE I; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT WHEN AWARDED, AND TO EXECUTE THE NECESSARY DOCUMETNS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO CERTAIN TERMS AND C ONDITIONS; FURTHER AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $700,000, AS THE CITY'S REQUIRED MATCHING FUNDS FOR AWARD OF THE GRANT FROM CAPITAL IMPROVEMENTS PROJECT NO. 331418, ENTITLED `BICENTENNIAL PARK IMPROVEMENTS," AS APPROPRIATED BY THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 233 February 27, 2003 62. STIPULATE THAT EACH COMMISSIONER MEMBER IS TO FILE IN WRITING WITH CITY CLERK DATE, TIME AND PLACE OF COMMUNITY DEVELOPMENT PUBLIC HEARINGS TO BE PUBLISHED. (See #6 and 22). Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: We were supposed to designate our hearings. I would move that the Commission -- each Commissioner be authorized to file, in writing, with the Clerk the date and time and place of the Community Development hearings, to be published pursuant to the federal public hearing requirements. So move. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second, and I'm assuming everybody's done that. Commissioner Sanchez: I've done that already for mine. Chairman Winton: OK, great. We have a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03 -23 8 A MOTION STIPULATING THAT EACH MEMBER OF THE CITY COMMISSION IS TO FILE IN WRITING WITH THE CITY CLERK THE DATE, TIME AND PLACE OF THE COMMUNITY DEVELOPMENT PUBLIC HEARINGS TO BE PUBLISHED. 234 February 27, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 63. BRIEF DISCUSSION ON PROPOSED 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FORMULA FOR UPCOMING YEAR. Chairman Winton: Yes, sir, Commissioner Teele. Vice Chairman Teele: Secondly, Mr. Chairman, the discussion was supposed to be around -- I think Commissioner Gonzalez raised thi-- the 29th Year CD (Community Development) formula, based on the HUD (Department of Housing and Urban Development) formula, and I asked that it be given to me, but we never acted on this, and I just would like to know, are we acting on this or not? Because it's going to come up in the various hearings, and that is, are we going to allocate the dollars specifically Public Service dollars and other dollars to the extent feasible, based upon the percentages generated by the various districts? Chairman Winton: Well, my view is that, you know, we modified the historical way. We divvied up those dollars -- Vice Chairman Teele: And it created a mess. Chairman Winton: -- this past year and it was a real mess, and I would hope, at least from my viewpoint, that we go back to the system that we had before last year and divvy up the dollars on whatever basis that was. Commissioner Sanchez: Well, if I may. I think this is an issue that we should discuss when we're not tired, when we're clear, you know, when it's early in the morning, not at this late hour. I mean, that could be a very sensitive issue, one that could have some debate. Vice Chairman Teele: Well, I certainly wouldn't propose to bring up something when you're tired, sir, but let me just say this, we're going to have a public hearing and I, for one, am suggesting that anything that deviates from the absolute mathematical formula of the dollars that the districts generate is not going to be very well received because you have to have a rational reason not to, and so I'm only suggesting that I am going to be supporting not the way we did it last year, but based upon the actual dollars generated based upon the census formula, which is population -- 235 February 27, 2003 Commissioner Sanchez: Poverty -- Vice Chairman Teele: -- poverty -- Commissioner Sanchez: -- housing. Vice Chairman Teele: -- and density of poverty, and the density of poverty factors in public housing, etcetera. That's the federal standard and I think we all ought to get familiar with it, whether it be late in the evening or early in the morning. 64. RESCIND RESOLUTION ADOPTED TO HOST EVENT FOR FOREIGN AFFAIRS MINISTER TO SPONSOR RECEPTION AND SUBSTITUTE AIR FARE FOR YOUTH CHOIR FROM DISTRICT 5 FUNDING. Vice Chairman Teele: The other items would be a resolution rescinding the City of Miami resolution dated February 13th related to the expenditure of $3,500 for the Foreign Affairs Minister to sponsor the air -- to sponsor a reception and, further, substituting instead the airfare for the youth choir from District 5 office funds, subject to the availability of funds. I would so move. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-239 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 03-177, IN ITS ENTIRETY, WHICH RESOLUTION AUTHORIZED FUNDING TO ASSIST THE BAHAMIAN YOUTH CHOIR PERFORM FOR THE MINISTER OF FOREIGN AFFAIRS OF THE BAHAMAS AT AN EVENT TO BE ATTENDED BY OFFICIALS CONCERNED ABOUT THE FOREIGN TRADE AREA OF THE AMERICAS ("FTAA"); FURTHER AUTHORIZING IN LIEU THEREOF THE PURCHASE OF AIRFARE FOR THE BAHAMIAN YOUTH CHOIR IN AN AMOUNT NOT TO EXCEED $4,200; ALLOCATING FUNDS FROM THE DISTRICT 5 COMMISSION OFFICE BUDGET, SUBJECT TO AVAILABILITY OF FUNDS. 236 February 27, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 65. APPOINT MR. VINCENT MITCHELL TO SERVE AS MEMBER OF MODEL CITY COMMUNITY REVITALIZATION TRUST. Chairman Winton: The next item is an item appointing Vincent Mitchell to fill the vacancy as a public advocate, which is a sole appointment of the District 5 Commissioner to the Model Cities Revitalization Trust as a public advocate, replacing Ms. Wille Pearl Porter, who couldn't serve because of health issues, I would so move. Chairman Winton: Got a motion. Need a second. Commissioner Regalado: Second. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-240 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF THE MODEL CITY COMMUNITY REVITALIZATION TRUST. 237 February 27, 2003 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 66. RESOLUTION APPOINTING SEVEN INDIVIDUALS TO SERVE AS MEMBERS ON THE HAITIAN BICENTENNIAL COMMITTEE. Vice Chairman Teele: Mr. Chairman, the last issue -- well, the last -- next to the last issue is that the Commission appointed the Grassroots Coalition to make seven nominations for the purpose of serving on the Bicentennial Committee. We're 90 days into this thing and we haven't even gotten the Committee started. Those appointments came back. I got them by fax today, and they are Winnie Cantave, Aude Sicard, Gary Jean-Enard, Marleine Bastien, Gepsie Metellus, Jean - Robert Lafortune and Lucie Tondreau. And I would move the ratification of the said seven nominations. I would so move. Chairman Winton: Need a second. Commissioner Regalado: Second. Chairman Winton: Got a second. Got a motion and a second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign oppose. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 03-241 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI AND SOUTH FLORIDA COORDINATION COMMITTEE FOR THE CELEBRATION OF THE REPUBLIC OF HAITI BICENTENNIAL (JANUARY 1, 1804 -JANUARY 1, 2004). 238 February 27, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 67. RESOLUTION APPOINTING SEVERAL INDIVIDUALS TO SERVE AS MEMBERS ON THE HAITIAN BICENTENNIAL COMMITTEE. Vice Chairman Teele: And I would further move the appointments of Father Reginald, Daniel Fils Aime, the Chairman of the Historic Haitian Society, and Georges Williams, along with the District 5 Commissioner that represents Little Haiti, to be members of the Committee as appointed by this board. I would so move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion. None. All in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. Motion carries. 239 February 27, 2003 The following resolution and motion were introduced by Vice Chairman Teele, who moved their adoption: RESOLUTION NO. 03-242 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI AND SOUTH FLORIDA COORDINATION COMMITTEE FOR THE CELEBRATION OF THE REPUBLIC OF HAITI BICENTENNIAL (JANUARY 1, 1804 -JANUARY 1, 2004). MOTION NO. 03-242.1 A MOTION APPOINTING FATHER REGINALD JEAN -MARY AND DANIEL FILS AIME AS MEMBERS TO THE HAITIAN BICENTENNIAL CELEBRATION COMMITTEE. Upon being seconded by Commissioner Gonzalez, the resolution and motion were passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 68. DIRECT MANAGER TO ESTABLISH PANEL TO EVALUATE REQUESTS FOR FESTIVAL FUNDING TO BE DETERMINED AT BEGINNING OF FISCAL YEAR. Vice Chairman Teele: And, finally, Mr. Chairman, I noted -- you know, we kept waiting for this discussion on this festival stuff, and I don't know where this is going. I got a briefing from -- I think one of our staff members were supposed to come and visit with me, Commissioner Winton, but whatever we're going to do on festivals, I strongly recommend, A, that we do it in the beginning of the fiscal year; B, that it have full public notice; and C, that a panel of people to evaluate be impaneled some kind of way -- Chairman Winton: Yeah. Vice Chairman Teele: -- that doesn't get money, that's not getting money, that doesn't lobby for money, because the people that I appointed, with all due respect, I appointed them because 240 February 27, 2003 they're in the Arts community. I do not want my -- the person that I appointed to the Arts and Entertainment Council evaluating people's proposals because that person submits proposals herself or represents people, and I think whatever we're going to do in this, needs to be tied to the October fiscal year, October 1. I think, whatever we're going to do, try to decide it within the next 30 to 90 days so we can get a public process out there, get it advertised, and do it right, and don't ambush people. Chairman Winton: Mr. Manager, can y'all work on that so you can bring something -- Vice Chairman Teele: Do you have a problem with that, Joe? Joe Arriola (City Manager) No, sir. Chairman Winton: No, I agree with you. I think that's a great idea, so I'm just asking the Manager to jump in and help us with that. Commissioner Regalado: I'm sorry? I fully agree. I was -- Chairman Winton: Me, too. Commissioner Regalado: I was about -- I saw what we had in the agenda, and I really think that that's a process that would me more complicated than the one we have now. It would be a CDBG (Community Development Block Grant) -style lobbying nightmare at the end of the day. 69. A RESOLUTION APPROVING THE CO SPONSORSHIP BETWEEN THE CARIBBEAN -AMERICAN VISUAL CULTURAL PRESERVATION, INC. AND THE CITY OF MIAMI FOR THE 7TH ANNUAL HAITIAN MUSIC AND ENTERTAINMENT AWARDS. Vice Chairman Teele: Now, there is a final item here, Mr. Chairman. Chairman Winton: I'm sorry. Vice Chairman Teele: It involves the 7th Annual Haitian Music Awards presentation that has been scheduled. It is bounced around this Special Events Committee. They've made presentation after presentation. Nobody would deal with it. The affair is going to be, ready or not, on March 22. We would not have another meeting. Now, I've read that the Mayor is way out on the point, and I want to commend him on trying to bring the Latin Music Awards to Miami. But I want this Commission to know that we already have the Haitian Music Awards. Whitney Houston will be here this year with it. Artists from Haiti, New York, Paris, Guadalupe, and all over the French-speaking world will come here for the Haitian Music Awards. And I didn't go last year. I know some of you did go. It was held at the Knight -- at the Miami Arena. This year it will be held at the Knight Center. What I would propose is the following: It's a resolution of the City Commission approving the co-sponsorship between the Caribbean American Visual Culture Preservation and the City of Miami for the 7th Annual Haitian Music Entertainment Awards; preserving the diverse culture heritage of the Caribbean by documenting the artistic excellence and culture traditions; further co -hosting the welcoming reception 241 February 27, 2003 scheduled for Friday, March 21, to host dignitaries, celebrities, and honorees preceding the show, which is planned for Saturday, March 22, by providing a grant not to exceed $4,500 to be allocated from the Special Events, and further providing support to the Haitian Awareness Foundation for subject activity to be held between Thursday, March 20, and Sunday, March 23, for in-kind services of Police, Fire, and Solid Waste, Parks, et cetera, not to exceed $5,000 in- kind, and further providing for a direct payment to Global Spectrum Management for the rental of the James L. Knight Center in an amount that anybody can agree to. Now, the total cost of the show is going to be about $60,000. The cost of the rental for the venue alone is fifteen thousand. The only thing that I'm going to say is this, so we're all fair and clear: We need to support, to some extent, the Haitian Music Awards. I want to support other music awards coming to Miami, but you've got to be fair and you've got to be balanced. Commissioner Sanchez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Sanchez: If I may? I support the event. I just think if we establish a process, where I agree with the process, where people are going to go in front of that committee -- and I agree with you on the first statement you made, all right? But I -- the process that's implemented now works. We put it together for a simple reason, to have good organizations, their intent what they're going to do, and if they present the process -- if they participate in the process that's established -- and I was briefed by the two individuals that came. They have to fill out paperwork. There's accountability. There is a process. This type of event should not have any problem in that process, but we have established a process already, and I said it very clearly in the last Commission meeting that I would, from there on, anything that has to do with Special Events has to go through that channel because we created that channel -- Commissioner Regalado: We didn't approve that. Vice Chairman Teele: That is not approved, sir. Commissioner Regalado: That is not approved. Vice Chairman Teele: And it's already gone through it, but -- Commissioner Regalado: No, no, no, no, no, no. Vice Chairman Teele: -- this is the problem. Commissioner Regalado: Let me tell you. Vice Chairman Teele: No, no, no. Commissioner Regalado: Joe. Joe. Excuse me. Joe, I can bring two persons here with two events that went before some people. I can say their names, but I'd rather not. 242 February 27, 2003 Commissioner Sanchez: Then let's get rid of the board. Commissioner Regalado: No, no, no, no. Commissioner Sanchez: If it doesn't work, let's get rid of it. Commissioner Regalado: And one person told that promoter, "If I don't like this, you don't get any money." That is not the way to run a city. So this is why -- Commissioner Sanchez: We agree that when Commissioner -- Commissioner Regalado: No, no. We did not agree on this. Commissioner Sanchez: We did not agree that we need this process, and we -- Commissioner Regalado: No, no. Commissioner Sanchez: -- have a process? Commissioner Regalado: No. We agree on a process. Vice Chairman Teele: We do not have a process. Commissioner Regalado: But we do not have a process. Whoever is doing that process is violating this City Commission. Commissioner Sanchez: It's under the -- Vice Chairman Teele: That process -- Commissioner Sanchez: It's under the Mayor's Office. I'd like to hear from somebody from the Mayor's Office. Commissioner Regalado: No, it's not in the Mayor's Office. Vice Chairman Teele: That process has not been triggered. There is no resolution. There is no ordinance. Commissioner Regalado: And they have no right to decide who gets what, not the Mayor, not the Manager. The City Commission now decides, and we have not approve a process. Did we want a process? Yes. But no one has the right to deny anything now. Vice Chairman Teele: First of all, everybody at the process is getting money. Chairman Winton: Yeah. 243 February 27, 2003 Vice Chairman Teele: Seth Gordon represents how many groups? He came to me trying to get money for the thing for the art deco or art whatever it is. I mean, Merlin Joseph, my appointee, is Roots and Culture. She's out getting money. I mean, you've got a board -- everybody on the board is trying to get money. Michelle Spence is Music Fest. I mean, come on. Commissioner Sanchez: Well, that's -- Vice Chairman Teele: Let's put it on the table. Commissioner Sanchez: Well, if we're going to put it on the table, let's identify the problem and get rid of the board. Chairman Winton: There's two issues here, so let's separate them for the moment. There is a debate about -- I didn't even know we had this -- whatever this committee is. I don't know where it is. I don't know anything about it. Vice Chairman Teele: Your staff is giving the briefings on the process, but they came to me to say this is what we want to propose. Chairman Winton: OK. Vice Chairman Teele: There is no process that has been ratified -- Chairman Winton: Nor did I (INAUDIBLE). Vice Chairman Teele: -- or approved by this Commission. Chairman Winton: Right. I agree with you. Vice Chairman Teele: And that's the only way the process can get created. Chairman Winton: I agree with you. I don't know about a process. So, process part is one part. Joe Arriola (City Manager): Mr. Chair. Chairman Winton: Commissioner Teele, would you -- you have a motion on the table or did you make one? Vice Chairman Teele: No. I have a discussion, because I wanted to ask for $15,000 to go from the City directly to Spectrum Corporation. In other words, just to get to the issue that Joe is talking about. In other words, to pay some of the core costs of the use of the venue. The total cost of the venue is going to be close to the $60,000 than $15,000. But the rental fee for the Knight Center is a Spectrum cost. 244 February 27, 2003 Chairman Winton: By the way, my staff's whispering that they don't know anything about -- they're not briefing anybody on this. They're not familiar with this. So, I don't know what that's all about. But anyhow — yes, Mr. Manager. Mr. Arriola: Mr. Chair, if I -- Vice Chairman Teele: Is Robert -- Commissioner Sanchez: Parente. Chairman Winton: No. Parente. He's not on my staff. Vice Chairman Teele: Oh, I apologize. I thought he was -- Commissioner Sanchez: He's with the Mayor's Office. Vice Chairman Teele: I thought he was with your office. Commissioner Sanchez: Well, let me just say -- let me clarify some things. Let me get some things here, because I stand corrected. (INAUDIBLE) Commissioner Regalado: But excuse me. I thought that Robert worked for the Manager because he was the executive person for the Arts and Cultural. Who pays his salary? Unidentified Speaker: The Mayor's Office. Chairman Winton: Robert Parente works for the Mayor's Office. There's the answer. Commissioner Sanchez, you're recognized. Commissioner Sanchez: Just to clarify. I was briefed by Michelle Spence and Robert Parente, who came to my office, and we had a meeting and they had package put together, which made a lot sense. And the reason is, you know, we have a lot of people that come in front of this Commission that may not have the appropriate paperwork for a non-profit organization, may not be, you know, a legal non-profit organization, and still, in many ways, we were just supporting them out of the kindness of our hearts. So they're in the process of establishing a process that's going to allow, first of all, people not coming in front of us and begging for money and going through that process. So when I saw that paperwork, it was a good -- they had all the paperwork done, and I felt that it -- I think it's in the best interest of the City to have a process like that. Chairman Winton: It probably is, and we probably all agree with that. They just need to bring the process to the Commission so it finally gets approved. So I think the point here is, you're looking at a process that they're promoting, but it hasn't come to us for a vote yet. So -- Commissioner Sanchez: I stand corrected. I thought it was -- Chairman Winton: Yeah. OK. 245 February 27, 2003 Commissioner Sanchez: -- you know, it had been approved already. Chairman Winton: Commissioner -- I mean, Mr. Manager. Mr. Arriola: Mr. Chairman and members of the Commission, the process, although it may be in draft form, has not been brought forward to the Commission for its approval. We will work with the Mayor's Office to make sure that for the next Commission meeting you have the process, and you can either accept it or modify it. Chairman Winton: We're very clear on that. Do you have a motion, Commissioner Teele? Vice Chairman Teele: Mr. Chairman, I would reiterate that the essence of my motion is to pay the core costs directly to Spectrum Corporation for the cost of -- for the rental cost of the Haitian Music Awards. The rental core cost is $15,000. The actual setup, personnel, et cetera, will exceed 50 to $60,000. So all that I'm saying is the core costs of the rental -- Chairman Winton: Do we have a motion on -- Vice Chairman Teele: -- of the venue, and $4,500 for the VIP (Very Important Person) dignitary present. Commissioner Sanchez: So, it's nineteen five. Vice Chairman Teele: Nineteen five. Chairman Winton: We have a motion. We need a second. Commissioner Regalado. Commissioner Regalado: Second. Chairman Winton: Did you second? Commissioner Regalado: Yes, I did. Chairman Winton: OK. We have a motion and a second. Do we have any further discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. 246 February 27, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-243 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CO-SPONSORSHIP BETWEEN THE CARIBBEAN -AMERICAN VISUAL CULTURAL PRESERVATION, INC. AND THE CITY OF MIAMI FOR THE SEVENTH ANNUAL HAITIAN MUSIC AND ENTERTAINMENT AWARDS TO SUPPORT THE WELCOME RECEPTION SCHEDULED FOR FRIDAY, MARCH 21, 203 TO HOST DIGNITARIES, CELEBRITIES AND HONOREES PRECEDING THE AWARDS SHOW SCHEDULED FOR SATURDAY, MARCH 22, 2003, PRESERVING THE DIVERSE CULTURAL HERITAGE OF THE CARIBBEAN BY DOCUMENTING WORKS OF ARTISTIC EXCELLENCE, CULTURAL TRADITIONS AND EDUCATIONAL INITIATIVES; AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED $4,500, AND THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW; FURTHER APPROVING IN-KIND SERVICES, IN AN AMOUNT NOT TO EXCEED $5,000, TO SUPPORT THE HAITIAN AWARENESS AND CULTURAL FOUNDATION, INC. FOR ACTIVITIES SCHEDULED FOR THURSDAY, MARCH 20, 2003, FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE, MUNICIPAL SERVICES, SOLID WASTE AND PARKS AND RECREATION; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY TE CITY MANAGER; (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER; AND ADDITIONALLY (5) PROVIDING A DIRECT PAYMENT TO GLOBAL SPECTRUM MANAGEMENT, IN AN AMOUNT NOT TO EXCEED $15,000, FOR RENTAL OF THE JAMES L. KNIGHT CENTER; ALLOCATING FUNDS FROM SPECIAL EVENTS ACCOUNT CODE NO. 001000921054.289, SUBJECT TO BUDGETARY APPROVAL. 247 February 27, 2003 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: May I -- before we adjourn, can we have Michelle Spencer and Robert Parente, maybe at the next meeting, come before us and give us a status of where we are on this? Chairman Winton: Like sign opposed. The motion carries. Yes, sir. I'm sorry. Mr. Arriola: Commissioner, I would presume they would be the ones presenting the program. Chairman Winton: Commissioner Teele, do you have anything else? Vice Chairman Teele: Mr. Chairman, no. The only thing that I would like to say is, I think getting the Latin Music Awards here will be a great thing, and I think that the Mayor should be encouraged to do that. But I also think that we ought to put these things that are generating national television and that kind of exposure different from a local festival. Chairman Winton: Agreed. 70. CITY COMMISSION MEETINGS, STARTING WITH MARCH 27, 2003 TO BE HELD IN CITY HALL. Chairman Winton: So one last point here. We need a resolution scheduling all future regular meetings of the Miami City Commission at City Hall, 3500 Pan American Drive, provided that City Hall has be determined by the City Manager to be functional for the purpose of regular City Commission meetings, no later than March 14, 2003. I need that motion. Vice Chairman Teele: So move, Mr. Chairman. Unidentified Speaker: Mr. Chairman, I need (UNINTELLIGIBLE) Commissioner Regalado: Second. Chairman Winton: I'm sorry? OK. Vice Chairman Teele: You said 2004? 248 February 27, 2003 Chairman Winton: Wait, wait. Is that a separate issue? OK, so let me get one done. Vice Chairman Teele: 2004 or 2003? Chairman Winton: 2003. Well, yeah, I agree with you, 2003. We have a motion. Need a second. Vice Chairman Teele: So move, Mr. Chairman. Chairman Winton: OK, second on moving our meetings back to City Hall. I have a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-244 A RESOLUTION OF THE MIAMI CITY COMMISSION STIPULATING THAT THE LOCATION OF CITY COMMISSION MEETINGS SHALL RETURN TO ITS ORIGINAL PLACE AT CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, BEGINNING WITH THE MARCH 27, 2003 COMMISSION MEETING. Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 71. SCHEDULE CLOSED EXECUTIVE SESSION ON MARCH 27, 2003 AT 9 A.M. TO DISCUSS STRATEGY FOR ACCESS NOW INC. VS. CITY OF MIAMI. Chairman Winton: Yes, ma'am. One more issue. Maria J. Chiaro (Assistant City Attorney): Mr. Chairman, the City Attorney's Office request a closed session to discuss litigation strategy for the law suit entitled Access Now, Incorporated 249 February 27, 2003 versus the City of Miami, filed in the District Court. Move to request that a closed session be scheduled for your March 27 meeting, at the time you prefer; preferably, in the beginning of the meeting. Chairman Winton: So 9 a.m.? 9 a.m.? Ms. Chiaro: Yes. Chairman Winton: Do we need a motion? Ms. Chiaro: No. Yes. Chairman Winton: OK. Do we need a motion? Yes? OK, need a motion for the (UNINTELLIGIBLE) meeting, 9 a.m. next meeting? Ms. Chiaro: Yes, sir. Chairman Winton: At the next City Commission meeting, 9 a.m. Commissioner Regalado: Johnny, March 27th, I'm going to get you. Chairman Winton: I know you are. It's going to be terrible. Need a motion. Commissioner Gonzalez: Move. Commissioner Sanchez: Second. Chairman Winton: Second. Discussion. None. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-245 A MOTION SCHEDULING A CLOSED EXECUTIVE SESSION ON MARCH 27, 2003 AT 9 A.M. TO DISCUSS STRATEGY FOR ACCESS NOWINC. VS. CITY OF MIAMI. 250 February 27, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: (INAUDIBLE) regular and PZ (planning & zoning) (INAUDIBLE). Chairman Winton: Regular and PZ meetings. So moved. 251 February 27, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 8:22 P.M. ATTEST: Priscilla A. Thompson CITY CLERK Sylvia Scheider ASSISTANT CITY CLERK MANUEL A. DIAZ MAYOR 252 February 27, 2003