HomeMy WebLinkAboutCC 2003-07-17 MinutesMINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 17th day of July 2003, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida, in regular session.
The meeting was called to order at 9:13 a.m. by Chairman Johnny L. Winton with the
following members of the Commission found to be present:
Commissioner Angel Gonzalez (District 1)
Chairman Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3) (entered Chambers at 9:21 a.m.)
Commissioner Tomas Regalado (District 4)
Vice Chairman Arthur E. Teele, Jr. (District 5) (entered Chambers at 9:17 a.m.)
ALSO PRESENT:
Mayor Manuel A. Diaz
City Manager Joe Arriola
City Attorney Alejandro Vilarello
City Clerk Priscilla A. Thompson
Assistant City Clerk Sylvia Scheider
July 17, 2003
1. EXPRESS DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF
CITY TO FAMILY AND FRIENDS OF CELIA CRUZ, GRANDE DAME OF CUBAN
MUSIC, UPON HER UNTIMELY DEATH.
Chairman Winton: (INAUDIBLE) Commission meeting of Thursday, July 17, 2003, to order,
and if you don't mind, Commissioner Gonzalez, would you lead us in the pledge, and
Commissioner Regalado, the invocation.
Invocation and pledge of allegiance to the flag delivered.
Commissioner Regalado: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Regalado: Would it be possible if we can do a resolution sending our
condolences, on behalf of the Mayor, and the members of the Commission, and the residents of
the City of Miami, to Pedro (UNINTELLIGIBLE) and the family of Celia Cruz? This resolution
will be sent -- will be hand -delivered this weekend to the family during the funeral in downtown
Miami. I so move.
Commissioner Gonzalez: Second.
Chairman Winton: Commissioner Gonzalez, we need a second.
Commissioner Gonzalez: Second.
Chairman Winton: Got a 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 Regalado, who moved for its
adoption:
RESOLUTION NO. 03-751
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF
OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF CELIA CRUZ, THE GRANDE DAME OF CUBAN MUSIC,
UPON HER UNTIMELY DEATH.
2 July 17, 2003
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
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
Commissioner Joe Sanchez
Commissioner Regalado: Thank you.
Chairman Winton: Mr. Mayor, you have some proclamations.
Mayor Manuel A. Diaz: Thank you, Mr. Chairman. First of all, let me say that, for the benefit
of all here, that we have actually, during the past couple of weeks, have been working with her --
with Celia's family and others who are working on the arrangements. When her health started to
deteriorate, they reached out to us and talked to us about having a service here, and so our police
department has been working very closely with all of them, and we plan to give her a full
ceremony with police, and crowd control and traffic, and the procession, and all of that, and we
will -- we'll be having a press conference today, and we'll be keeping all of you and the
Commission briefed as to what the plans are as they get finalized.
2. PRESENTATIONS AND PROCLAMATIONS
COMMENDATION TO AL RODRIGUEZ, PHOTOGRAPHER, CHIEF PHOTOGRAPHER
OF CHANNEL 10 WPLG.
Presentation Made.
Note for the Record: Vice Chairman Teele entered Chambers at 9:17 a.m.
3. CONSENT AGENDA.
Chairman Winton: OK. We're ready, then, for the consent agenda. I would like to pull CA.3.
Commissioner Gonzalez: Mr. Chairman, I move consent agenda.
Chairman Winton: Minus CA.3.
Commissioner Gonzalez: Minus --
Commissioner Sanchez: Minus what?
3 July 17, 2003
Commissioner Gonzalez: -- CA.3.
Chairman Winton: CA.3. It's not a big deal, but it just doesn't have good justification, so we
have a motion on the consent agenda, minus CA.3. Need a second.
Commissioner Regalado: Second.
Chairman Winton: Got a motion and a second. Do we have any further discussion?
Commissioner Teele, you fine? What was that? Is that yes or no?
Vice Chairman Teele: (INAUDIBLE).
Chairman Winton: OK. No other discussion. All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. Motion carries.
Note for the Record: Commissioner Sanchez entered Chambers at 9:21 a.m.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WAS
DETERMINED THAT ANY CONSENT AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION
AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED
AS A REGULAR ITEM ON THE NEXT AVAILABLE AGENDA.
THEREUPON, MOTION DULY MADE BY COMMISSIONER GONZALEZ AND
SECONDED BY COMMISSIONER REGALADO, 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.
4 July 17, 2003
3.1 ACCEPT BID OF PETRO HYDRO, INC., FOR PROJECT ENTITLED "ROAD
REHABILITATION PROJECT, B-4651," TOTAL PROJECT COST $844,125; ALLOCATE
FUNDS FROM CAPITAL IMPROVEMENTS PROJECT.
RESOLUTION NO. 03-752
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE BID OF PETRO HYDRO, INC., FOR
THE PROJECT ENTITLED "ROAD REHABILITATION PROJECT, B-4651,"
IN THE AMOUNT OF $737,543.05, TO COVER CONSTRUCTION
CONTRACT COSTS, PLUS $106,581.95 FOR ESTIMATED EXPENSES
INCURRED BY THE CITY, FOR A TOTAL ESTIMATED PROJECT COST
OF $844,125, AS SET FORTH IN THE FORMAL BID SHEET AND THE
DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET,
ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM
CAPITAL IMPROVEMENTS PROJECT NO. 313855; AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR SAID PURPOSE.
3.2 ACCEPT BID OF HERRERA TIRE SERVICE, TO PROVIDE SPECIALIZED FLAT TIRE
REPAIR SERVICES, FOR DEPARTMENT OF MUNICIPAL SERVICES, FLEET
MANAGEMENT DIVISION, TOTAL CONTRACT AMOUNT $240,000; ALLOCATE
FUNDS FROM DEPARTMENT OF MUNICIPAL SERVICES, LIGHT FLEET DIVISION.
RESOLUTION NO. 03-753
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF HERRERA TIRE SERVICE, TO PROVIDE SPECIALIZED FLAT
TIRE REPAIR SERVICES, FOR THE DEPARTMENT OF MUNICIPAL
SERVICES, FLEET MANAGEMENT DIVISION, ON AN AS -NEEDED
CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO
RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL
AMOUNT NOT TO EXCEED $60,000, FOR A TOTAL CONTRACT
AMOUNT NOT TO EXCEED $240,000; ALLOCATING FUNDS FROM THE
DEPARTMENT OF MUNICIPAL SERVICES, LIGHT FLEET DIVISION,
ACCOUNT CODE NO. 503001.420905.6.670.
5 July 17, 2003
3.3 AMEND AGREEMENT WITH INTERFOREVER SPORTS, INC. TO EXTEND
EXISTING AGREEMENT AND AUTHORIZE MINIMUM OF TWELVE GAMES TO BE
PLAYED AT ORANGE BOWL STADIUM DURING AGREED TERM.
RESOLUTION NO. 03-754
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE USE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
INTERFOREVER SPORTS, INC., TO EXTEND THE TERM OF THE
EXISTING AGREEMENT FROM DECEMBER 2003 TO DECEMBER 2005;
AND TO REQUIRE A MINIMUM OF TWELVE GAMES TO BE PLAYED AT
THE ORANGE BOWL STADIUM DURING THE AGREED TERM.
3.4 APPROVE PURCHASE AND INSTALLATION OF PLAYGROUND AND PARK
EQUIPMENT FOR DEPARTMENT OF PARKS AND RECREATION FOR PINE HEIGHTS
PARK FROM HUNTER KNEPSHIELD COMPANY, UTILIZING EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 4907-2/03-1, TOTAL AMOUNT $33,000; ALLOCATE FUNDS
FROM GROUNDS MAINTENANCE OPERATION PARKS AND RECREATION AND
HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS CAPITAL
IMPROVEMENTS PROJECT.
RESOLUTION NO. 03-755
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PURCHASE AND INSTALLATION OF PLAYGROUND AND PARK
EQUIPMENT FOR THE DEPARTMENT OF PARKS AND RECREATION
FOR PINE HEIGHTS PARK FROM HUNTER KNEPSHIELD COMPANY,
UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 4907-
2/03-1, EFFECTIVE THROUGH FEBRUARY 29, 2004, SUBJECT TO ANY
EXTENSIONS AND REPLACEMENT CONTRACTS BY MIAMI-DADE
COUNTY, IN A TOTAL AMOUNT NOT TO EXCEED $33,000;
ALLOCATING FUNDS FROM GROUNDS MAINTENANCE OPERATION
PARKS AND RECREATION ACCOUNT NO. 001000.580302.6.340 AND THE
HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS
CAPITAL IMPROVEMENTS PROJECT NO. 331419.
6 July 17, 2003
3.5 ACCEPT RECOMMENDATION OF MANAGER APPROVING FINDINGS OF
EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS (RFP)
NO.01-02-245, THAT MOST QUALIFIED SUPPLIER TO PROVIDE IN-HOUSE
OPERATIONS OF PARTS SERVICES, FOR DEPARTMENTS OF MUNICIPAL SERVICES
AND FIRE -RESCUE, ARE, IN RANK ORDER: (1) GENUINE PARTS COMPANY, D/B/A
NAPA AUTO PARTS AND (2) MAROONE CHEVROLET OF MIAMI; AUTHORIZ
MANAGER TO NEGOTIATE PROFESSIONAL SERVICES AGREEMENT WITH
GENUINE AUTO PARTS, D/B/A NAPA AUTO PARTS, $2,500,000; ALLOCATE FUNDS
FROM DEPARTMENTS OF MUNICIPAL SERVICES, FLEET MANAGEMENT DIVISION
AND FIRE -RESCUE ACCOUNT; FURTHER AUTHORIZE MANAGER TO NEGOTIATE
AGREEMENT WITH MAROONE CHEVROLET OF MIAMI, IN EVENT NEGOTIATIONS
FAIL WITH TOP-RANKED FIRM.
RESOLUTION NO. 03-756
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER APPROVING THE FINDINGS OF THE EVALUATION
COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 01-
02-245, THAT THE MOST QUALIFIED SUPPLIER TO PROVIDE IN-HOUSE
OPERATIONS OF PARTS SERVICES, FOR THE DEPARTMENTS OF
MUNICIPAL SERVICES AND FIRE -RESCUE, ARE, IN RANK ORDER: (1)
GENUINE PARTS COMPANY, D/B/A NAPA AUTO PARTS AND (2)
MAROONE CHEVROLET OF MIAMI; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT
("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH
GENUINE AUTO PARTS, D/B/A NAPA AUTO PARTS, THE TOP-RANKED
FIRM, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR
TWO ADDITIONAL TWO-YEAR PERIODS, FOR A TOTAL ANNUAL
AMOUNT NOT TO EXCEED $2,500,000; ALLOCATING FUNDS FROM THE
DEPARTMENTS OF MUNICIPAL SERVICES, FLEET MANAGEMENT
DIVISION, ACCOUNT CODE NOS. 503001.420905 AND 509000.420901,
AND FIRE -RESCUE ACCOUNT CODE NOS. 001000.280601 AND
1000.280701; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AN AGREEMENT WITH MAROONE CHEVROLET OF
MIAMI, THE SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS
FAIL WITH THE TOP-RANKED FIRM; DIRECTING THE CITY MANAGER
TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY
COMMISSION FOR APPROVAL.
7 July 17, 2003
3.6 AUTHORIZE MANAGER TO EXECUTE CONSENT ORDER, FILE NO. OGC 03-0166,
BETWEEN CITY AND STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION CONCERNING SETTLEMENT OF CERTAIN MATTERS AT ISSUE
BETWEEN SAID PARTIES.
RESOLUTION NO. 03-757
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSENT ORDER, FILE NO. OGC 03-0166, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CONCERNING THE SETTLEMENT OF CERTAIN MATTERS AT ISSUE
BETWEEN SAID PARTIES.
3.7 AUTHORIZE MANAGER'S ENGAGEMENT OF PHS ENGINEERING CORPORATION,
SELECTED FROM LIST OF PRE -APPROVED ENGINEERING FIRMS, FOR DESIGN
DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS,
PERMITTING, AND CONSTRUCTION ADMINISTRATION SERVICES FOR PROJECT
ENTITLED "WAGNER CREEK DREDGING PROJECT - PHASE III, B-5688" IN DISTRICT
1; ALLOCATE $227,636.80 FOR SERVICES AND EXPENSES INCURRED BY CITY,
FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT, ENTITLED "OCTOBER 2000
FLOOD RECOVERY.
RESOLUTION NO. 03-758
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S
ENGAGEMENT OF PHS ENGINEERING CORPORATION, SELECTED
FROM THE LIST OF PRE -APPROVED ENGINEERING FIRMS, APPROVED
BY RESOLUTION NO. 02-144, FOR DESIGN DEVELOPMENT,
PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS,
PERMITTING, AND CONSTRUCTION ADMINISTRATION SERVICES FOR
THE PROJECT ENTITLED "WAGNER CREEK DREDGING PROJECT -
PHASE III, B-5688" IN DISTRICT 1, AT SPECIFIC COSTS TO BE
DETERMINED BY (1) THE SCOPE OF SERVICES AND SCHEDULE
REQUIRED FOR THE PROJECT, AS SET FORTH IN THE WORK ORDER
AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS
AND CONDITIONS SET FORTH IN THE AGREEMENT EXECUTED WITH
PHS ENGINEERING CORPORATION PURSUANT TO RESOLUTION NO.
02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK
ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM,
FOR REQUIRED SERVICES; ALLOCATING FUNDS, IN AN AMOUNT NOT
TO EXCEED $227,636.80 FOR SERVICES AND EXPENSES INCURRED BY
THE CITY, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO.
313855, ENTITLED "OCTOBER 2000 FLOOD RECOVERY."
8 July 17, 2003
3.8 AUTHORIZE MANAGER'S ENGAGEMENT OF PHS ENGINEERING CORPORATION,
SELECTED FROM THE LIST OF PRE -APPROVED ENGINEERING FIRMS, FOR DESIGN
DEVELOPMENT, PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS,
PERMITTING, AND CONSTRUCTION ADMINISTRATION SERVICES FOR PROJECT
ENTITLED, "LAWRENCE WATERWAY DREDGING PROJECT, B-5689" IN DISTRICTS 1
AND 3; ALLOCATE $236,856.80 FOR SERVICES AND EXPENSES INCURRED BY CITY,
FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT ENTITLED "OCTOBER 2000
FLOOD RECOVERY.
RESOLUTION NO. 03-759
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S
ENGAGEMENT OF PHS ENGINEERING CORPORATION, SELECTED
FROM THE LIST OF PRE -APPROVED ENGINEERING FIRMS APPROVED
BY RESOLUTION NO. 02-144, FOR DESIGN DEVELOPMENT,
PREPARATION OF BIDDING AND CONSTRUCTION DOCUMENTS,
PERMITTING, AND CONSTRUCTION ADMINISTRATION SERVICES FOR
THE PROJECT ENTITLED, "LAWRENCE WATERWAY DREDGING
PROJECT, B-5689" IN DISTRICTS 1 AND 3, AT SPECIFIC COSTS TO BE
DETERMINED BY (1) THE SCOPE OF SERVICES AND SCHEDULE
REQUIRED FOR THE PROJECT AS SET FORTH IN THE WORK ORDER
AUTHORIZATION, ATTACHED AND INCORPORATED, AND (2) TERMS
AND CONDITIONS SET FORTH IN THE AGREEMENT EXECUTED WITH
PHS ENGINEERING CORPORATION PURSUANT TO RESOLUTION NO.
02-144; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK
ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM,
FOR SAID PURPOSE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO
EXCEED $236,856.80 FOR SERVICES AND EXPENSES INCURRED BY
THE CITY, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO.
313855, ENTITLED "OCTOBER 2000 FLOOD RECOVERY."
3.9 RESCIND RESOLUTION NO. 01-409 IN ITS ENTIRETY AND TERMINATE
CONTRACT AWARDED TO BISCAYNE-HAVANA FIRE AND SAFETY, INC., FOR
ACQUISITION OF INSPECTIONS, CERTIFICATIONS, TESTING, REFILLING AND
REPAIR SERVICES OF FIRE EXTINGUISHERS.
RESOLUTION NO. 03-760
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 01-409, ADOPTED MAY 10, 2001, IN ITS ENTIRETY
AND TERMINATING THE CONTRACT AWARDED TO BISCAYNE-
HAVANA FIRE AND SAFETY, INC., PURSUANT TO SAID RESOLUTION,
FOR THE ACQUISITION OF INSPECTIONS, CERTIFICATIONS, TESTING,
REFILLING AND REPAIR SERVICES OF FIRE EXTINGUISHERS.
9 July 17, 2003
3.10 RESCIND RESOLUTION NO. 03-001, IN ITS ENTIRETY AND TERMINATE
CONTRACT AWARDED TO BISCAYNE-HAVANA FIRE AND SAFETY, INC., FOR
PURCHASE OF FIREFIGHTING HOSES AND ATTACHMENTS FOR DEPARTMENT OF
FIRE -RESCUE.
RESOLUTION NO. 03-761
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 03-001, ADOPTED JANUARY 9, 2003, IN ITS
ENTIRETY AND TERMINATING THE CONTRACT AWARDED TO
BISCAYNE-HAVANA FIRE AND SAFETY, INC., PURSUANT TO SAID
RESOLUTION, FOR THE PURCHASE OF FIREFIGHTING HOSES AND
ATTACHMENTS FOR THE DEPARTMENT OF FIRE -RESCUE.
3.11 APPROVE CONTRACT AWARD TO SECURITY FIRE PREVENTION, INC. TO
PROVIDE FIRE EXTINGUISHERS, REPAIR INSPECTION SERVICES FOR PURCHASING
DEPARTMENT TO BE USED CITYWIDE BY VARIOUS USER DEPARTMENTS AND
AGENCIES, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 4922-4/06;
ALLOCATE FUNDS FROM OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS AND AGENCIES INDIVIDUAL DEPARTMENTAL ACCOUNTS.
RESOLUTION NO. 03-762
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING A
CONTRACT AWARD TO SECURITY FIRE PREVENTION, INC. TO
PROVIDE FIRE EXTINGUISHERS, REPAIR INSPECTION SERVICES FOR
THE PURCHASING DEPARTMENT TO BE USED CITYWIDE BY
VARIOUS USER DEPARTMENTS AND AGENCIES, UTILIZING EXISTING
MIAMI-DADE COUNTY CONTRACT NO. 4922-4/06, EFFECTIVE
THROUGH MAY 31, 2004, SUBJECT TO ANY EXTENSIONS BY MIAMI-
DADE COUNTY; ALLOCATING FUNDS FROM THE OPERATING
BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES
INDIVIDUAL DEPARTMENTAL ACCOUNTS, SUBJECT TO BUDGETARY
APPROVAL.
10 July 17, 2003
3.12 AMEND RESOLUTION NO. 03-421 TO REFLECT INADVERTENTLY OMITTED
VENDORS AND DESIGNATED CONTRACTS ISSUED BY STATE OF FLORIDA SET
FORTH ON LIST OF INFORMATION TECHNOLOGY STATE OF FLORIDA
CONSULTING SERVICES VENDORS AND CONTRACTS FOR ACQUISITION OF
INFORMATION TECHNOLOGY PROJECT MANAGEMENT SERVICES, SYSTEM
INTEGRATION SERVICES, COMPUTER PROGRAMMING SERVICES, SYSTEMS
ANALYSIS SERVICES, DATA BASE MANAGEMENT SERVICES, TECHNICAL
SUPPORT SERVICES, AND OTHER TECHNICAL CONSULTING SERVICES FOR
DEPARTMENT OF INFORMATION TECHNOLOGY, FROM VARIOUS VENDORS,
AWARDED UNDER VARIOUS STATE OF FLORIDA CONTRACTS.
RESOLUTION NO. 03-763
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING RESOLUTION NO. 03-421, ADOPTED
MAY 8, 2003, TO REFLECT INADVERTENTLY OMITTED VENDORS AND
DESIGNATED CONTRACTS ISSUED BY THE STATE OF FLORIDA SET
FORTH ON THE LIST OF INFORMATION TECHNOLOGY STATE OF
FLORIDA CONSULTING SERVICES VENDORS AND CONTRACTS
ATTACHED TO AND APPROVED BY SAID RESOLUTION, FOR THE
ACQUISITION OF INFORMATION TECHNOLOGY PROJECT
MANAGEMENT SERVICES, SYSTEM INTEGRATION SERVICES,
COMPUTER PROGRAMMING SERVICES, SYSTEMS ANALYSIS
SERVICES, DATA BASE MANAGEMENT SERVICES, TECHNICAL
SUPPORT SERVICES, AND OTHER TECHNICAL CONSULTING
SERVICES FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY,
FROM VARIOUS VENDORS, AWARDED UNDER VARIOUS STATE OF
FLORIDA CONTRACTS, SUBJECT TO THE SAME PRICE, TERMS AND
CONDITIONS OF THE RESPECTIVE CONTRACTS, AND SUBJECT TO
ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF
FLORIDA.
11 July 17, 2003
3.13 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF HOGAN &
HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO CITY IN CONNECTION WITH
ILLEGALLY PLACED BILLBOARDS AND CASE OF NATIONAL ADVERTISING CO.
VS. CITY OF MIAMI, $100,000; ALLOCATE FUNDS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND.
RESOLUTION NO. 03-764
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CONTINUED ENGAGEMENT OF THE LAW FIRM OF HOGAN &
HARTSON, L.L.P. FOR LEGAL SERVICES PROVIDED TO THE CITY OF
MIAMI IN CONNECTION WITH ILLEGALLY PLACED BILLBOARDS AND
THE CASE OF NATIONAL ADVERTISING CO. VS. CITY OF MIAMI, IN
THE UNITED STATES DISTRICT COURT, CASE NO. 01-3039 CIV -KING,
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 CODE NO.
515001.624401.6.661, FOR SAID SERVICES.
3.14 AUTHORIZE CONTINUED ENGAGEMENT FOR LEGAL SERVICES PROVIDED TO
CITY IN CONNECTION WITH DEVELOPMENT OF CIVIC CENTER SITE LOCATED AT
NORTHWEST 17TH AND 18TH STREETS AND NORTHWEST 14TH AND 15TH AVENUES,
AND RELATED ENVIRONMENTAL ISSUES FOR ADJACENT SITE; ALLOCATE $75,000.
RESOLUTION NO. 03-765
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CONTINUED ENGAGEMENT FOR LEGAL SERVICES PROVIDED TO THE
CITY OF MIAMI IN CONNECTION WITH THE DEVELOPMENT OF THE
CIVIC CENTER SITE LOCATED AT NORTHWEST 17TH AND 18TH
STREETS AND NORTHWEST 14TH AND 15TH AVENUES, MIAMI,
FLORIDA, AND RELATED ENVIRONMENTAL ISSUES FOR THE
ADJACENT SITE; ALLOCATING FUNDS IN THE AMOUNT OF $75,000,
PLUS COSTS AS APPROVED BY THE CITY ATTORNEY FROM
ACCOUNT CODE NO. 001000.920205.6.250 FOR SAID PURPOSE.
12 July 17, 2003
3.15 AUTHORIZE MANAGER TO EXECUTE MUTUAL AID AGREEMENT BETWEEN
CITY AND CITY OF CORAL GABLES, FOR MUTUAL ASSISTANCE FOR ROUTINE
AND LAW ENFORCEMENT INTENSIVE SITUATIONS.
RESOLUTION NO. 03-766
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL
GABLES, PURSUANT TO CHAPTER 23, FLORIDA STATUTES, FOR
MUTUAL ASSISTANCE FOR ROUTINE AND LAW ENFORCEMENT
INTENSIVE SITUATIONS.
3.16 ACCEPT REPORT FROM CIVIL SERVICE BOARD.
MOTION NO. 03-767
A MOTION ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD.
4. DEFER PROPOSED REQUEST TO RECOGNIZE AND APPROVE SALE AND
ASSIGNMENT OF CITY COMMERCIAL WASTE LICENSE FROM ATLAS
CORPORATION TO SOUTHERN WASTE SYSTEMS; REQUEST THAT REQUEST BE
PRESENTED TO COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY
COMMITTEE.
Chairman Winton: Should we try to get through the regular agenda real quick? Go to Item
Number 2.
Vice Chairman Teele: So move, Mr. Chairman.
Chairman Winton: We have a motion on Item Number 2 --
Commissioner Gonzalez: Second.
Chairman Winton: -- and a second. Discussion? Mr. City Attorney
Alejandro Vilarello (City Attorney): Item Number 2 is a discussion item.
Chairman Winton: I'm sorry?
Mr. Vilarello: It's a personal appearance.
Vice Chairman Teele: I thought this was to transfer a license.
13 July 17, 2003
Chairman Winton: So did I. Oh, this was -- so, is the personal appearance here?
Donald Darrach: Yes, sir.
Chairman Winton: Oh, I'm sorry. Please come up. Yes, sir.
Mr. Darrach: Good morning, Commissioners.
Chairman Winton: Need your name and address for the record, please.
Mr. Darrach: My name is Don Darrach, D -A -R -R -A -C -H. I'm an attorney with the firm of
Roth, Rousso & Darrach, and I represent Southern Waste Systems, and we are here under a
contract that was entered into between the City of Miami and Atlas Waste, which provides for an
assignment of that contract, subject to City Commission approval, Article 13 of that contract, and
that's why we're here. We are requesting, in fact, for the City Commission to approve a transfer
of a franchise license from Atlas Waste Corporation to my client, Southern Waste Systems. The
-- you may wonder, well, why isn't it just done? Why are we here? We have to state, we are not
here with the blessing of the Department of Solid Waste.
Chairman Winton: I'm sorry, I didn't hear.
Mr. Darrach: We are not here with the blessing of the Department of Solid Waste. We simply
couldn't seem to reach an agreement with them. Therefore, we simply took the initiative to
appear before the Commission, which Mr. Patterson understood. He said, "That's your right. Do
what you want to do," but I should state very briefly -- and I won't take up your time -- is it's --
the reason that there's a difference here is that Atlas Waste Corporation sold its license to
Southern Waste, my client, and then sold the balance of its assets to a third party. Southern
Waste then turned around and complied with all of the requirements and qualifications of the
City of Miami for commercial waste services, in accordance with Request For Qualification
number 98-99-090, which is -- which actually the City and Mr. Patterson, from when I spoke to
him, do agree that he's completely complied with all the requirements and qualifications of the
City to do commercial waste hauling. However -- and here's the "however" -- the City -- or the
Department of Solid Waste, it simply does not recognize the assignment on the basis that once a
franchisee, which is -- this was Atlas, which is out of business, by the way -- sells their assets,
then the franchise has been automatically terminated. They cannot, in other words, sell their
assets to one company and their license to another company. They sent us a two-page letter. It
was signed by Mr. Patterson. I -- it may have been draft by the City Attorney, though. They say
-- cite no authority whatever for that theory, nor do we find any authority. There certainly isn't
any authority in the contract, nor do we find any authority in an ordinance, statute, case law, and
when I asked that to Mr. Patterson, he said, "No. We just think there's too much of this going
on." Then, as a result of that, I requested to be on the agenda. When I made that request for the
first time, we received then this letter from the Department of Solid Waste, which reiterated their
position that the franchise was terminated when Atlas sold its assets to someone else; again,
citing no authority, and in fact, then they go on and interesting say, but even if it wasn't
extinguished by operation of law -- so now maybe they're not so sure -- they state, and I quote,
you -- "It has been terminated. Your default status precludes any transfer." Then they go on to
14 July 17, 2003
list in this letter all the defaults. Among those defaults is they claim that there's fifty-eight
thousand dollars -- five hundred -- $58,000 owing, but what's interesting is that all -- of course,
we were told all this nine months later, but what's interesting is all of the defaults against Atlas,
who's out of business, are after Atlas sold their license to Southern, so in other words, we're
caught in a bind here. Southern goes out and gets the $1,000,000 insurance. They go out and get
all of the bond and everything else, but the City says, "We will not recognize the transfer."
Atlas, of course -- so, we're not allowed to comply, and Atlas, of course, has already sold
everything out and they're out of business, so they're not going to comply, nor can they comply.
We're, in other words, are willing -- the only reason we're in default is because the City won't
accept the transfer. We're more than willing to have paid these fees, provide them with the
insurance, provide them with the bonds, and whatnot, but they're -- we're kind of a catch-22 here.
Chairman Winton: And this is for commercial hauling only?
Mr. Darrach: Yes. Now, it's interesting that Southern Waste is already doing business with the
City of Miami. They own a transfer station -- this is Mr. Faraci here -- on Miami Avenue and
20th Street, and they -- it's a -- and he has five recycling stations; one within the City, so he has -
- just -- it's evidence in itself that he has all the insurance, he has all of the bonds, he has all of
the -- and he's -- you know, has a good relationship with the City of Miami, but for some reason,
they don't want to accept this particular transfer of this particular license or for this particular
company.
Chairman Winton: OK. Mr. Manager.
Joe Arriola (City Manager): I would rather have Mr. Patterson give you all the -- he has all the
details on.
Mr. Darrach: Oh, you want to --
Chairman Winton: Yes, sir.
Commissioner Gonzalez: As the Chairman of Solid Waste Committee, Mr. Patterson, did we --
we didn't discuss this at the Solid Waste Committee meeting at our last City -- Solid Waste
Committee meeting, right?
Clarence Patterson (Director, Solid Waste Department): Not this particular item, no, sir.
Commissioner Gonzalez: OK. Is this supposed to be discussed in the Committee before it
comes to the City Commission?
Mr. Patterson: I didn't choose to bring this before the Commission. Counsel chose to appear
before the Commission.
Commissioner Gonzalez: Yeah, but my question is, are these matters supposed to be discussed
at our committee meetings, at Solid Waste, before they're brought to the Commission?
15 July 17, 2003
Commissioner Regalado: Of course.
Commissioner Gonzalez: They are supposed to be discussed, right?
Mr. Patterson: It can be discussed before the Commission, but -- my name is Clarence Patterson,
incidentally, Director of the Solid Waste Department, City of Miami. This is an item that can be
discussed before the Committee, but this transaction that took place is something that only this
Commission, in its issuing of the franchise to all of the haulers who have a franchise agreement.
In Section 13.1 of that franchise agreement, this body passed in its issuing of the franchise
agreement to all of the franchise haulers, says that assignability of a franchise agreement can
only be done before this Commission. This Commission --
Commissioner Regalado: Excuse me.
Mr. Patterson: --has --
Commissioner Regalado: Clarence.
Mr. Patterson: -- that sole source.
Commissioner Regalado: Clarence, excuse me. I just think that the -- I will feel more
comfortable if the Committee, chaired by Commissioner Gonzalez, would recommend yes or no
Commissioner Sanchez: Make a recommendation.
Commissioner Regalado: -- because I mean --
Commissioner Gonzalez: Exactly.
Commissioner Regalado: -- you know, that's what you do. I mean, you listen --
Mr. Darrach: Absolutely.
Commissioner Regalado: -- and so we're here just blind, hearing what you have to say, and
hearing what I have to say, but we don't hear what we created. We created that committee, and
we have a member of the Commission that spends a lot of time and hours there. You know, I
don't -- I'm not voting unless and until --
Commissioner Gonzalez: That's --
Commissioner Regalado: -- we have --
Commissioner Gonzalez: Commissioner Regalado, that's exactly --
Chairman Winton: So --
16 July 17, 2003
Commissioner Gonzalez: -- the way I address that matter, because this should have been
discussed at the --
Commissioner Sanchez: The Committee.
Commissioner Gonzalez: -- Committee. I should have been advised of what was going on. I
should have had the report to report to my colleagues, that was the one that appointed me to that
committee. --
Chairman Winton: Well, let's get a motion.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Sanchez: I would like to put a motion on the floor. The motion is to defer the
item and have this item be presented in front of the Solid Waste Committee; having the Solid
Waste Committee give a formal recommendation to be brought back to this Commission, so
move.
Commissioner Gonzalez: Second.
Chairman Winton: We have a motion and a second. Discussion. 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:
MOTION NO. 03-768
A MOTION TO DEFER PROPOSED REQUEST TO RECOGNIZE AND
APPROVE THE SALE AND ASSIGNMENT OF THE CITY OF MIAMI
COMMERCIAL WASTE LICENSE FROM ATLAS CORPORATION TO
SOUTHERN WASTE SYSTEMS; FURTHER REQUESTING THAT THIS
REQUEST BE PRESENTED TO THE COMMERCIAL SOLID WASTE
MANAGEMENT ADVISORY COMMITTEE AND HAVE SAID
COMMITTEE REPORT BACK TO THE COMMISSION WITH A
RECOMMENDATION.
17 July 17, 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: What happens with the status of the carrier of the licensee or licensee that
y'all are fighting with? I mean, what's the status between now and then?
Mr. Arriola: Well, the truth of the matter, we were not ready to even bring this in front of
Commissioner Gonzalez. This is a personal appearance. This is -- you know, as -- we were not
ready to discuss this with you yet --
Commissioner Gonzalez: OK.
Mr. Arriola: -- is what I'm saying, and -- but you know, he requested a personal appearance and
we have to give him a personal appearance --
Chairman Winton: OK.
Mr. Arriola: -- but I'd be delight -- you know, Mr. Patterson and I will be delighted to sit down
with you Commission -- I mean, with you group and go through all the facts.
Commissioner Gonzalez: I would appreciate that --
Mr. Arriola: OK.
Commissioner Gonzalez: -- so I can -- you know, when this is brought back to the Commission,
I can --
Mr. Arriola: Yes.
Commissioner Gonzalez: -- tell my colleagues here, that was the ones that honored me with that
appointment, exactly what's going on, and you know, and give them some information. I'm on
the blind here. I don't even know what is going on.
Mr. Darrach: Commissioner, and --
18 July 17, 2003
Commissioner Regalado: No, but you see, the problem here is one of culture and one of a
philosophical issue, you know. If we create committees, we don't respect committees --
Commissioner Gonzalez: Exactly.
Commissioner Regalado: -- you know, and that's -- if you don't --
Chairman Winton: Well, I think that --
Commissioner Regalado: -- if we don't want it, just abolish.
Chairman Winton: That's where it's going, so we have a motion and a second. It's already been
passed. Any further -- and so next item. I think the -- thank you, sir.
Mr. Darrach: That's fine. We couldn't agree more. That's great.
Chairman Winton: Thank you.
Mr. Darrach: We'd love to do that.
Chairman Winton: I think the Mayor is coming down here again, right now. The -- Don Peebles
is here for the next proclamation. I do need to put on the record that the Mayor has vetoed no
legislation from our past Commission meeting.
Commissioner Sanchez: Has he exercised his veto yet?
Chairman Winton: I'm sorry?
Commissioner Sanchez: I don't think he's exercised his veto powers, yet.
Chairman Winton: I know. What kind of Mayor is he, you know? He hasn't vetoed anything
yet. Is he here? He's coming, or should we take up another -- what's Item 3?
Commissioner Gonzalez: Let's take another one. Let's move.
Chairman Winton: Well, that's another personal appearance, it looks like, so --
Vice Chairman Teele: They're not here.
Chairman Winton: The personal appearance isn't.
19 July 17, 2003
5. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED: "MIAMI URBAN FOREST CONSERVATION PROJECT" AND
APPROPRIATE $19,998.50, CONSISTING OF GRANT FROM STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AND MATCHING
FUNDS, $20,113, FOR PURCHASE OF EQUIPMENT FOR NATURAL AREAS PROGRAM
OF DEPARTMENT OF PARKS AND RECREATION; ALLOCATE FUNDS FROM
DEPARTMENT OF PARKS AND RECREATION, PARKS FACILITIES.
Chairman Winton: So Item Number 5, an emergency ordinance accepting a grant. Need a
motion.
Priscilla A. Thompson (City Clerk): I'm sorry --
Commissioner Gonzalez: Move 5.
Ms. Thompson: -- Chair, Item Number 4, the young lady is here.
Chairman Winton: I'm sorry?
Ms. Thompson: The young lady is here for Item Number 4.
Chairman Winton: Yeah, but it's going to take a little longer. I'm just going to -- because the
Mayor is going to be here in two minutes, so we'll come back to that as soon as the Mayor -- so,
need a motion on 5.
Commissioner Gonzalez: Move Item 5.
Vice Chairman Teele: Second.
Chairman Winton: Got a motion and a second. This is an ordinance. Would you read the
ordinance?
The Ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call.
20 July 17, 2003
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED:
"MIAMI URBAN FORREST CONVERSATION PROJECT" AND
APPROPRIATING FUNDS, IN THE AMOUNT OF $19,998.50,
CONSISTING OF A GRANT FROM THE STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AND
MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $20,113, FOR
THE PURCHASE OF EQUIPMENT FOR THE NATURAL AREAS
PROGRAM OF THE DEPARTMENT OF PARKS AND RECREATION;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT
AWARD AND EXECUTE THE NECESSARY DOCUMENT(S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING
FUNDS FROM THE DEPARTMENT OF PARKS AND RECREATION,
PARKS FACILITIES ACCOUNT NO. 331369.580301.830; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Gonzalez and seconded by Vice Chairman Teele, for adoption
as an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Chairman 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 Gonzalez and seconded by Vice
Chairman Teele, 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 DESIGNATED ORDINANCE NO. 12383.
21 July 17, 2003
Ms. Thompson: The ordinance is adopted as emergency measure, 5/0.
6. SECOND READING ORDINANCE: AMEND CHAPTER 42/ARTICLE IV, OF CITY
CODE ENTITLED "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES,"
BY ADDING NEW SECTION 42-112 TO SAID CODE TO PROVIDE FOR NOTICE,
HEARING PROCESS, AND BOND PROCEDURES FOR RECOVERY OF IMPOUNDED
VEHICLES.
Chairman Winton: OK. Item Number 7 is a second reading ordinance. Need a motion.
Alejandro Vilarello (City Attorney): Mr. Chairman.
Chairman Winton: Yes, sir.
Mr. Vilarello: We would like to offer a substitute ordinance on second reading. We did meet
with members of the industry with regard to this item, and have reached some satisfactory
amendments to the ordinance, as well as with the Police Department, so that the industry and the
Police Department will work well with the ordinance.
Chairman Winton: Great.
Mr. Vilarello: The ordinance has been substituted and distributed. It's -- there are some
changes; they're not material, requiring it to go back to first reading.
Chairman Winton: OK.
Commissioner Gonzalez: Which one is that?
Chairman Winton: Seven. Need a motion and a second.
Commissioner Gonzalez: OK, so moved.
Commissioner Regalado: Second.
Chairman Winton: Got a motion and a second. Read the ordinance, please.
Commissioner Gonzalez: We're talking --
Chairman Winton: Yes, sir.
Commissioner Gonzalez: -- about Item 7, right?
Chairman Winton: Yes.
Mr. Vilarello: Item 7.
22 July 17, 2003
Commissioner Gonzalez: Regarding towing?
Chairman Winton: Right.
Mr. Vilarello: Towing.
Commissioner Gonzalez: OK. Can I make a short statement?
Commissioner Sanchez: Discussion.
Chairman Winton: Yes, you may.
Commissioner Gonzalez: OK. We have a serious problem with towing companies, and the
reason is that we have a lot of people out there that don't have contract with the City of Miami
and they're towing cars right and left. What is happening is that these companies are not paying
the City the dues, the 20 percent fee, or the 25 percent fee that the City is supposed to have in
every towing. We're not getting that money. I heard that we're losing up close to $400,000 a
year because these operations of pirates that are -- and what happened is, they have a scanner on
their truck. They listen to the police calls. When the police send a call of an accident, they --
sometimes they get there sooner than the police, OK, so actually, the companies that are paying
the City and that are paying for license and for yard, and for all the requirements that we put on
them, they're losing business, and the City is losing revenue, so I would like to see in the future,
Mr. Manager, how we can -- how can we do some kind of enforcement, or how we can control
the situation because it's ridiculous. I mean, you know, they're ripping it off -- they're ripping us
off right and left.
Chairman Winton: Mr. City Attorney.
Commissioner Sanchez: Is this first reading?
Mr. Vilarello: Yes. In my meetings with --
Commissioner Sanchez: Second reading?
Mr. Vilarello: -- certain representatives of the industry, they requested and they were going to
request the Commission to establish a workshop with the City Manager, the City Attorney, the
Police Department to address those very issues --
Chairman Winton: Great.
Commissioner Gonzalez: OK.
Chairman Winton: Good.
Mr. Vilarello: -- and if the Commission --
23 July 17, 2003
Commissioner Gonzalez: Great.
Mr. Vilarello: -- would direct that, we will have a workshop --
Chairman Winton: OK.
Mr. Vilarello: -- with the industry representatives.
Commissioner Gonzalez: All right. Great.
Chairman Winton: Would you read the ordinance, please? Yes, sir, Commissioner Sanchez.
Commissioner Sanchez: On this issue, I just got this substitute ordinance. I had some concerns
with the original ordinance on the issue, and I would have liked if somehow both sides got
together and niched out the pros and cons, because let me tell you something about this.
Chairman Winton: I think they did, though, didn't they?
Mr. Vilarello: We did.
Commissioner Sanchez: Well, but it's --
Chairman Winton: That's what --
Commissioner Sanchez: You're giving it to me now on second reading, which I don't know if
you were able to address the concerns, you know. You just handed --
Mr. Vilarello: Oh, absolutely.
Commissioner Sanchez: -- this out.
Chairman Winton: No, no.
Chairman Winton: Yeah, that's --
Mr. Vilarello: This is --
Chairman Winton: -- what he said. He said --
Mr. Vilarello: -- as a result of the conversations with the industry and with the Police
Department, so these changes --
Commissioner Sanchez: So, is everybody on board in favor with this? Is the Police
Department?
24 July 17, 2003
Mr. Vilarello: Obviously -- yes, sir.
Commissioner Sanchez: The Administration? How about the towing industry? OK.
Chairman Winton: That's why they're not all here?
Commissioner Sanchez: All right.
Commissioner Gonzalez: That's why they're not all here.
Chairman Winton: That's usually a clear sign.
Unidentified Speaker: There's one.
Chairman Winton: There's one, right, see, and he's here in favor.
Commissioner Sanchez: Well, I'm not too thrilled when you hand me a substitute and ask me to
vote on it on a second reading, you know.
Mr. Vilarello: Commissioner, my apologies. We just met with them yesterday and finally
resolved all those issues.
Chairman Winton: Right. OK. Read the ordinance, please.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 42/ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "POLICE/TOWING AND
MOBILIZATION OF MOTOR VEHICLES," TO PROVIDE FOR NOTICE,
HEARING PROCESS, AND BOND PROCEDURES FOR THE RECOVERY
OF IMPOUNDED VEHICLES; MORE PARTICULARLY BY ADDING
NEW SECTION 42-112 TO SAID CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
25 July 17, 2003
was passed on its first reading, by title, at the meeting of June 12, 2003, 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. 12384
Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0.
Chairman Winton: Great.
7. PRESENTATIONS & PROCLAMATIONS
Chairman Winton: Mr. Mayor.
Presentation Made.
PROCLAMATION TO R. DONAHUE PEEBLES, ATLANTIC DEVELOPMENT
CORPORATION, AWARD WINNING DEVELOPER, ROLE MODEL FOR YOUTH,
HONORED BY HAVING JULY 17, 2003 NAMED AFTER HIM.
8. APPROVE REQUEST OF COCOANUT GROVE VILLAGE COUNCIL THAT MIAMI-
DADE COUNTY SUPERVISOR OF ELECTIONS PLACE SLATE OF CANDIDATES FOR
ELECTION AS MEMBERS TO COCOANUT GROVE VILLAGE COUNCIL ON
NOVEMBER 4, 2003 ELECTION BALLOT.
Chairman Winton: OK. We have -- is Mr. Keith Ivory in the audience yet? OK. We'll go to
Item Number 4. Suzanne, are you doing -- oh. Good morning.
Suzanne Peters: Good morning. My name is Suzanne Peters. I live at 2848 Choocanonta Road.
I'm here representing the Cocoanut Grove Village Council. Good morning, gentlemen.
Commissioner Regalado: Good morning.
Ms. Peters: My name is Suzanne Peters. I'm the chairman of the Cocoanut Grove Village
Council, and I'm here to request that you give us approval to have our upcoming elections placed
26 July 17, 2003
on the November 4 ballot. The County requires this. I know that in the past we've done this, and
I don't know exactly whether this requires a resolution or what --
Chairman Winton: Yeah.
Ms. Peters: -- but we need some official imprimatur so that I can tell the County we've got the
permission.
Chairman Winton: We need a motion on this request --
Commissioner Gonzalez: So moved.
Chairman Winton: -- and a second. Commissioner --
Commissioner Regalado: Second.
Chairman Winton: Got a 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 Gonzalez, who moved for its
adoption:
RESOLUTION NO. 03-769
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
REQUEST OF THE COCOANUT GROVE VILLAGE COUNCIL THAT
THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS PLACE
THE SLATE OF CANDIDATES FOR ELECTION AS MEMBERS TO THE
COCOANUT GROVE VILLAGE COUNCIL AT THE APPROPRIATE
PRECINCT(S) ON THE NOVEMBER 4, 2003 CITY OF MIAMI ELECTION
BALLOT; CONDITIONING SAID APPROVAL UPON THE COUNCIL 1)
PAYING ALL APPLICABLE ELECTION COSTS PRIOR TO SAID
ELECTION, AND 2) MEETING ALL CRITERIA SET FORTH BY THE
SUPERVISOR OF ELECTIONS.
27 July 17, 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.
Ms. Peters: Thank you, gentlemen.
Chairman Winton: Thank you. Bye-bye.
9. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 12280, CAPITAL
PROJECTS APPROPRIATIONS ORDINANCE, TO INCREASE APPROPRIATIONS FOR
CAPITAL IMPROVEMENT PROJECT NO. ENTITLED "OCTOBER 2000 FLOOD
RECOVERY," $8,500,000, CONSISTING OF $3,150,000, OF LOCAL OPTION GAS TAX
REPROGRAMMED FROM CAPITAL IMPROVEMENT PROJECT, $4,000,000 OF STORM
SEWER BONDS, $1,000,000 OF STORMWATER UTILITY TRUST FUNDS AND $350,000
OF STORMWATER UTILITY TRUST FUND INTEREST.
Chairman Winton: OK. Item Number 8 is also a second reading ordinance.
Commissioner Gonzalez: Move Item 8.
Chairman Winton: Need a second.
Commissioner Sanchez: Second.
Chairman Winton: Got a motion and a second on 8. Any discussion? Would you please read
the ordinance, Mr. City Attorney?
The Ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call.
28 July 17, 2003
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 12280, THE CAPITAL PROJECTS APPROPRIATIONS
ORDINANCE, TO INCREASE APPROPRIATIONS FOR CAPITAL
IMPROVEMENT PROJECT NO. 313855, ENTITLED "OCTOBER 2000
FLOOD RECOVERY," IN THE AMOUNT OF $8,500,000, CONSISTING
OF FUNDS IN THE AMOUNT OF $3,150,000, OF LOCAL OPTION GAS
TAX REPROGRAMMED FROM CAPITAL IMPROVEMENT PROJECT
NO. 341183, $4,000,000 OF STORM SEWER BONDS, $1,000,000 OF
STORM WATER UTILITY TRUST FUNDS AND $350,000 OF STORM
WATER UTILITY TRUST FUND INTEREST; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of June 12, 2003, 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. 12385.
Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0.
10. SECOND READING ORDINANCE: AMEND CHAPTER 2/ARTICLE XI/DIVISIONS 2,
3 AND 16 OF CITY CODE ENTITLED "ADMINISTRATIONBOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY, INTERNATIONAL TRADE BOARD AND SISTER CITIES
COORDINATING COUNCIL" TO ABOLISH EXISTING INTERNATIONAL TRADE
BOARD AND SISTER CITIES COORDINATING COUNCIL, AND SUBSTITUTE IN LIEU
THEREOF NEW DIVISION 3, ENTITLED "THE MAYOR'S INTERNATIONAL COUNCIL."
Chairman Winton: Second reading ordinance number 9.
Commissioner Gonzalez: Move number 9.
29 July 17, 2003
Chairman Winton: Need a second.
Vice Chairman Teele: Second.
Commissioner Regalado: Second.
Chairman Winton: Got a motion and a second on 9. Discussion? Being none, please read the
ordinance.
The ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call, please.
Priscilla A. Thompson (City Clerk): Commissioner Sanchez?
Commissioner Sanchez: Yes, ma'am.
Vice Chairman Teele: Discussion. I really don't understand, Johnny. I really don't understand
what we're doing. I need to just know -- you're the chair of the International Trade Board.
Chairman Winton: Currently, yes.
Vice Chairman Teele: We're abolishing that board, and then just give me the grand scheme of
things. What are we doing?
Chairman Winton: A new entity is created that really -- Sister Cities has always been run out of
the Mayor's Office, and the International Trade Board from Commission, and we're combining
the two programs because they really work -- they're -- they should work. Logic would suggest
those two work in absolute lockstep, and there's never been any connectivity between those two,
and so we're abolishing the International Trade Board and the Sister Cities program as it was
previously established, combining the two, and it really comes under the Mayor's umbrella, and
with the Commission still closely tied to the new board that's called -- I forget what the technical
name of it is, but it's designed to pull all the resources --
Commissioner Regalado: The Mayor's International Council.
Chairman Winton: Thank you -- and it's designed to pull all the resources of both of those
entities together so that we can really do a much better -- if each of those entities have a budget,
by the way, a line item budget, and I think there's a number of us feel strongly that if we combine
those two budgets and functions so that it really becomes one function focused on International
Trade, and commerce, and protocol with cities that are particular interest and focus, that we can
do a heck of a lot better job, and that's kind of the --
Commissioner Regalado: Question.
Chairman Winton: -- bottom line of it.
30 July 17, 2003
Commissioner Regalado: Question.
Chairman Winton: Yes, sir.
Commissioner Regalado: The International Trade Board now respond to the City Commission --
Chairman Winton: That's correct.
Commissioner Regalado: -- but the Sister Cities is under the Mayor's Office and the Mayor's
budget.
Chairman Winton: That's correct.
Commissioner Regalado: Who's going to be responsible now, the City Commission or the
Mayor's Office? That committee would respond to who?
Francois Illas: Excuse me, Commissioner. Francois Illas, with the Mayor's Office. The new
board will actually be responsible to the Commission; the Mayor is only serving as an ex -officio
capacity, due to the Charter's provision that he be the head of the State, but the board itself will
be governed, in essence, by the chairperson that'll be assigned by the Commission, so the -- this
new board will be reporting to the Commission as any other committee.
Commissioner Regalado: So, the board is the money -making operation, right, the board,
International Trade Board, makes money because I read the --
Chairman Winton: Makes money, you said?
Commissioner Regalado: Yeah. It has income.
Chairman Winton: Oh, yes, yes, yes.
Commissioner Regalado: It generates income --
Chairman Winton: Yes.
Commissioner Regalado: -- because I read the memos that they send, but we fund Sister Cities
through the Mayor's --
Commissioner Sanchez: Budget.
Commissioner Regalado: -- budget. Are we going to have to fund Sister Cities differently than
we fund this committee, or what's the story on this?
Chairman Winton: No, I think the funding's all going to be one line item --
31 July 17, 2003
Commissioner Regalado: From the --
Chairman Winton: -- so there won't be -- that's right.
Commissioner Regalado: -- general budget?
Chairman Winton: Yes. Instead of being --
Commissioner Regalado: And they are --
Chairman Winton: There won't be a line item in the Mayor's budget any longer for Sister Cities.
Commissioner Regalado: OK.
Chairman Winton: That'll all be combined and brought together under one that really is still the
Commission's purview.
Commissioner Regalado: And the last question is, what do we do with the appointments?
Because I did appoint somebody to the Sister Cities many months ago? They never met.
Chairman Winton: We will have a -- and that's another one of the issues, so there -- I'm
assuming in September, we will come back and have on our agenda all the blank seats for
appointing new members to this board. Some of them could be people that you've already
appointed either to International Trade or Sister Cities --
Commissioner Regalado: OK.
Chairman Winton: -- one way or the other there, but it's still up to you to determine who you
want to appoint.
Vice Chairman Teele: Johnny --
Chairman Winton: Yes, sir.
Vice Chairman Teele: -- as Chairman, I'm going to follow your recommendation and lead, but I
have some grave misgivings about the way we're moving this. The administrative consolidation,
I have no objections to, but the functional direction with the advisory board's -- trust me, there is
a world of difference between Sister City activities and Trade activities, and it seems to me that
the City of Miami, perhaps, given the hemispheric consolidation discussions that are going on
around the Free Trade agreement needs a clear focus on trade, and it does not need to have a
mishmash overall committee that is dealing with Sister City functions and Trade functions, and
while it may sound good, I can tell you, having run the Sister City program in Miami -Dade
County, and having led the Trade initiatives, especially with the Summit of the Americas, you're
dealing with a world of difference. I mean, they don't even overlap. The only thing that's
common is they're out of the country. I mean -- and Sister City is more of an AID (Agency of
International Development) function. It's a grant program. It's a cultural program. It's a
32 July 17, 2003
function designed to help, hopefully, poor or impoverished, or communities within a country.
International Trade requires a totally different mind set, discipline, and skills, and it's just -- I
have no objection about -- from a budgetary point of view. I have no objections on a staffing
point of view, or administrative, but on a -- from the point of view that we, as the Commission,
get involved in making appointments, I would be very uncomfortable trying to appoint one
person or two people who overseeing A and Z at the same time, but again, the only thing that I
would say to you is this, this title, International Council, Mayor's International Council, is a good
name -- generic name for something, but if we're serious about trade -- and I know this -- I voted
against the Blue Ribbon Trade initiative that the County set up because there was only one
symbolic out of sixty -some African-Americans. Now, subsequent to that, I'm pleased to note that
they've gone back and done, you know, the second-class citizen thing of going back and start
inviting people to join it as an afterthought, but that -- it's better to have an afterthought than not
do it at all, but it would always be nice in America if you could do things right, and do it
particularly in light of the ongoing activities with the NACP [sic], to treat people fairly. The
International Trade effort regarding the Free Trade Agreement of the Americas and the
hemispheric headquarters issue was totally absent of people from Caribbean -speaking countries,
with the exception of one person who, by virtue of his authority as Mayor, Joe Celestine, was
appointed. That was the only, out of fifty -some people. It just seems to me that nobody's really
thinking this thing through strategically. It seems to me like there's a lot of work, but not a lot of
real thought. Fifteen of the thirty-four nations that will vote on the Free Trade Agreement -- and
this is trade -- are countries that have representatives in this City, in this community that are from
the Caribbean -speaking countries. I mean, from Grenada to Muzaret (phonetic) to St. Croix to
the Bahamas, Jamaica, Haiti, and of course, et cetera. You know -- and you've got a committee
that candidly was primarily made up of Cuban -Americans, the majority of the people on the
committee, all well and good people; most of them -- virtually everybody on there should be on
there. I mean, I can't point to anybody that said they should not have been on that committee,
but candidly, Cuba doesn't have a vote on the Free Trade Agreement. At least they shouldn't, so
I'm very concerned about the signal -- the long-term signal we're sending. I can tell you right
now that I believe that Atlanta's going to wind up being the hemispheric headquarters, or at least
it's going to be a 50/50 chance. Everybody's counting on Bush weighing in for his brother or
something, but it's really not that simple. I can tell you, I've talked to three Prime Ministers.
We've got a Prime Minister coming today -- I mean, this -- yeah, tonight, who's very much
leaning toward Atlanta because of the kinds of things -- and so I just want to make sure that we
don't send the wrong signal by calling something an inter-- a Mayor's International Council when
what we're really talking about is trade, and if there's going to be a trade committee appointed,
you know, I'm comfortable, you know, with something that has the word "trade" in it, but I am
deeply, deeply, deeply concerned that we don't -- and I follow your direction on this, as the
Chairman -- that we don't lose the focal point that Miami is really a city about international trade.
Chairman Winton: And Commissioner Teele, I think -- and you know, that's one of the -- as far
as I'm concerned, one of the good things of being able to work with you because you do think
about things in a way different from me, and it's -- you know, it is a shame that we can't just, you
know, talk about these things in advance, but we will take your words absolutely to heart, and
I'm not going to suggest for a minute that the move as we get down the road -- you know, we
may want to change something again, and we will. If it isn't doing what we want it to do, how
we want to do it, we'll come back and change it, and you continue to watch and see what we're
33 July 17, 2003
doing, and bring that information back, and we will be very responsive because your comments
and thoughts, and your participation in that arena, particularly in the Caribbean and your contacts
there, that's going to be good feedback for us, and we will absolutely follow that, so --
Vice Chairman Teele: Well, Johnny, on that point -- because I want to bring this up with the
Manager -- with the Commission tonight. It just seems to me that a lot is falling through the
crack right now. The -- you've got the Haitian Consul General, who has been around trying to
get the City to support their big trade and discussion this week -- next weekend. They can get no
support from the City. I told them to go to the International Trade Board. The International
Trade Board says, well it's not a part of their portfolio. Somewhere along the line, we've got to
get a lit little bit more serious. I mean, you don't turn down a consul general. First of all, they
don't come to us that much, and you don't turn down a consul general, and I would like to just
ask now if the staff would work with us to try to figure out some way we can be supportive of
that event next week, this evening, as we get to the end of the meeting, but --
Chairman Winton: Would you, by the way, introduce a resolution to that effect?
Vice Chairman Teele: Yes, with the support of the Manager's Office and the Mayor's Office on
that, but we just -- I need to understand what the lines of communication are. It would seem to
me that the Sister Cities and protocol function relating to the consul generals would clearly be
established in the Mayor's Office. That, to me, is very logical, and that, to me, is where it should
be, and the heavy-duty lifting, in my judgment, really should be through the Consul General's
Office and maintain a close coordination with those offices. I happen to have been Chairman of
the Commission -- of the County when we had the unfortunate circumstances related to the
German tourist, and I'm telling you, if the Consul General had winked, blinked or said the wrong
thing, we would have been shut down from all of European trade. I mean, we literally had to -- I
mean, you talk about sucking up, but you just can't suck up after --
Chairman Winton: After it, right.
Vice Chairman Teele: -- there's been a horrible incident, and those consul generals, all of the
media call them if there is an issue, and it's really important to maintain that through the Office
of the Mayor, in my judgment. The trade function, however, I'm just not sure. I mean, Angel
Gonzalez, I can tell you, Allapattah probably does more trade and the Miami River, you know,
do more trade -- and the discipline, the skills disciplines are so different. That's all that I'm
saying.
Chairman Winton: And I understand, and we will pay careful attention to that, and if we need to
make some sort of modification to what we've put together, we will absolutely do that. It's my
commitment. OK. Any other discussion? Was this an ordinance?
Alejandro Vilarello (City Attorney): Yes, itis.
Vice Chairman Teele: Yes.
Chairman Winton: Would you --
34 July 17, 2003
Vice Chairman Teele: We were on the roll.
Priscilla A. Thompson (City Clerk): We're on the roll call.
Commissioner Sanchez: It's second reading ordinance.
Chairman Winton: Did we -- yeah, we had a vote --
Vice Chairman Teele: You were about --
Chairman Winton: -- and a second.
Vice Chairman Teele: -- to have a roll call.
Chairman Winton: Oh, OK. I forgot where we were. Roll call, please.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE XI; DIVISIONS 2316 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION OF REVIEW OF BOARDS
GENERALLY, INTERNATIONAL TRADE BOARD AND SISTER CITIES
COORDINATING COUNCIL" TO ABOLISH THE EXISTING
INTERNATIONAL TRADE BOARD AND THE SISTER CITIES
COORDINATING COUNCIL, AND SUBSTITUTE IN LIEU THEREOF NEW
DIVISION 3, ENTITLED "THE MAYOR'S INTERNATIONAL COUNCIL,"
TO SET FORTH THE COUNCIL'S PURPOSE, POWERS, AND DUTIES, AND
PROVIDE FOR GOVERNING BODY, COMPOSITION AND
APPOINTMENTS, TERMS OF OFFICE AND VACANCIES; MEMBERSHIP
ELIGIBILITY REQUIREMENTS; OFFICERS; OATH; QUORUM AND
VOTING; MEETINGS; ATTENDANCE REQUIREMENTS;
INDEMNIFICATION; APPOINTMENT OF AN EXECUTIVE DIRECTOR,
TERM, QUALIFICATIONS, COMPENSATION, GENERAL POWERS AND
RESPONSIBILITIES; EMPLOYMENT OF ASSISTANTS, COUNSEL;
APPROVAL OF BUDGET; ANNUAL REPORT AND AUDIT; ABOLITION
OF COUNCIL; AND PROVIDING FOR SUNSET REVIEW; MORE
PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-892;
REPEALING DIVISION 3, CONSISTING OF SECTIONS 2-921 THROUGH 2-
930 AND DIVISION 16, CONSISTING OF SECTIONS 2-1231 THROUGH 2-
123 8 IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF NEW
DIVISION 3, CONSISTING OF SECTIONS 2-921 THROUGH 2-930 TO SAID
CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
35 July 17, 2003
was passed on its first reading, by title, at the meeting of June 25, 2003, 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. 12386.
Ms. Thompson: The ordinance is adopted on second reading, 5/0.
Chairman Winton: What number was that?
Ms. Thompson: That's number 9.
Chairman Winton: Number 9, OK. Thank you.
11. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED "CORAL GABLES HOSPITAL/TENET FOUNDATION CONTRIBUTION" AND
APPROPRIATE $2,000, CONSISTING OF GRANT FROM CORAL GABLES
HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET FOUNDATION.
Chairman Winton: Item Number 10, also a second reading ordinance.
Commissioner Sanchez: So move.
Chairman Winton: Receiving a grant. Got a motion.
Commissioner Sanchez: So move number 2 [sic].
Chairman Winton: Second. Discussion. Please read the ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call, please.
36 July 17, 2003
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED "CORAL GABLES
HOSPITAL/TENNET FOUNDATION CONTRIBUTION" AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE
AMOUNT OF $2,000, CONSISTING OF A GRAND FROM THE CORAL
GABLES HOSPITAL/TENNET SOUTH FLORIDA HEALTH SYSTEM AND
TENNET FOUNDATION; AUTHORIZING THE CITY MANAGER TO
ACCEPT THE GRANT AWARD AND TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of June 25, 2003, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Sanchez, 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. 12387.
Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0.
12. SECOND READING ORDINANCE: AMEND SECTIONS 29-123 AND 29-124 OF CITY
CODE ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/WATERFRONT
ADVISORY BOARD" TO INCREASE MEMBERSHIP OF WATERFRONT ADVISORY
BOARD FROM TEN TO TWELVE MEMBERS, ELIMINATE ALTERNATE MEMBER
POSITION, AND PROVIDE FOR APPOINTMENT OF TWO INDIVIDUALS BY MAYOR
AND PROVIDE FOR INSTANCES OF TIE VOTE.
Chairman Winton: Second reading ordinance on 11. Need a motion.
Commissioner Gonzalez: Move 11.
Commissioner Sanchez: Second.
37 July 17, 2003
Chairman Winton: Got a motion and a second, and Mr. City Attorney, did you add the provision
that allows for breaking the tie on this 12 -member board?
Alejandro Vilarello (City Attorney): Yes, sir.
Chairman Winton: OK. Please read -- any discussion on 11? This is -- If not, please read the
ordinance.
The ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call, please.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 29, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND WATERFRONT
IMPROVEMENTS/WATERFRONT ADVISORY BOARD" TO INCREASE
THE MEMBERSHIP OF THE WATERFRONT ADVISORY BOARD FROM
10 TO 12 MEMBERS, ELIMINATE THE ALTERNATE MEMBER POSITION,
AND PROVIDE FOR THE APPOINTMENT OF TWO INDIVIDUALS BY
THE MAYOR AND PROVIDE FOR INSTANCES OF A TIE VOTE; MORE
PARTICULARLY BY AMENDING SECTIONS 29-123 AND 29-124 OF SAID
CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of June 25, 2003, 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. 12388.
Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 5/0.
38 July 17, 2003
13. FIRST READING ORDINANCE: AMEND SECTIONS 22-2,22-14 AND 22-93 OF CITY
CODE ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN
GENERAL/ENFORCEMENT AND ADMINISTRATION" TO UPDATE CERTAIN
SECTIONS AND PROVIDE FOR MORE STRINGENT ENFORCEMENT OF LITTER
VIOLATIONS.
Chairman Winton: Item 12, first reading ordinance. Need a motion.
Commissioner Gonzalez: Move Item 12.
Commissioner Sanchez: Second.
Chairman Winton: Got a motion and a second. Discussion?
The ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call, please.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 22/ARTICLES I AND III OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER
SOLID WASTE/IN GENERAL/ENFORCEMENT AND
ADMINISTRATION' TO UPDATE CERTAIN SECTIONS AND PROVIDE
FOR MORE STRINGENT ENFORCEMENT OF LITTER VIOLATIONS;
MORE PARTICULARLY BY AMENDING SECTIONS 22-2, 22-14 AND
22-93 OF SAID CODE; 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.
Priscilla A. Thompson (City Clerk): Roll call. The ordinance is passed on first reading, 5/0.
39 July 17, 2003
Chairman Winton: Item --
Commissioner Regalado: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Regalado: Just a comment on this ordinance. I think that the City, the Mayor, the
Manager, the City Commission is trying to do, more than ever, something to clean up the City.
We have these clean ups and all that. However, the County is about to introduce a plan whereby
all the landscapers that now pay $305 each year to dump all the stuff that they pick up in the
gardens when they trim the trees and all that. Now the County's proposing on the new budget
that each trip will cost them $18 if there is a pick-up, and $60 if there is a trailer, plus the $305.
What's going to happen --
Chairman Winton: Exactly.
Commissioner Regalado: -- is --
Chairman Winton: All in our streets.
Commissioner Regalado: -- that they're going to dump this somewhere in the City --
Vice Chairman Teele: That's right.
Commissioner Regalado: -- and you know, what are we going to do? Are we going to pick up?
Are we going to attack those people that make a living, you know, cleaning -- we have to think
this because like Commissioner Teele always says, this is the law of unintended consequences,
that the County's doing and it's going to bring on the City because -- even in the City, there are
many people that prefer for their landscapers to take away the debris. Some of them place it the
day before, but I have spoken -- several of them visited my program, and I am telling you that
they cannot and they will not pay 18 bucks for each street, and they're going to dump this
somewhere, so I don't know, Mr. Manager, what are we going to do? We used to have this
police unit --
Vice Chairman Teele: Environmental Task Force.
Commissioner Regalado: -- the Task Force, Environmental Task Force, but we need to look at
this because it's going to happen, and then what's -- what is going to happen is that we're going to
have to pick up more, and it's going to cost more to bring the City trucks to the area, and the
second thing is something that I mentioned to the Manager several months ago. The people in
Virginia Key are ready to process clean debris and have it ready. Each truck cost $400 for the
City to dump in the County dumpster. They can process at least 10 to 12 trucks a week. We are
not doing anything about it. I think it's a good idea that needs to be explored. People would go
and get the mulch free. We're not using our resources, and you know, I'm just saying to you
guys, I have spoken to all these landscapers and they're going to start dumping the thing in the
City of Miami, because it's a logical thing to do because it's the only City that pick up once a
40 July 17, 2003
week. They cannot do it in the County because it's only once a year, so I thought that you ought
to know that.
Chairman Winton: Commissioner Gonzalez.
Commissioner Gonzalez: Yes. Commissioner Regalado, I -- as you are well aware, I've been
trying, for more than a year, to get a mini dump built at the Solid Waste Department site,
precisely to give the residents of the City of Miami an alternative on -- instead of dumping on the
street any day of the week or any day of the month, to have an alternative where to go and dump,
and that could also be a solution for the people that you're talking about, that maybe they could
use that facility at a lower cost than the County, and that will also avoid having this -- another
conflict in our streets, but unfortunately, at this point, I don't know if we even going to build the
mini dump. All I hear is that the plans are ready. The plans are, you know -- it's going to be
done. It's going to cost so much. It's going to cost less. It's going to cost more, but nothing has
been concrete, so you know, I hope that before the prices start, we have a solution.
Chairman Winton: Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, on that point. Our City continues to be a dumping
ground for illegal garbage --
Commissioner Gonzalez: For (UNINTELLIGIBLE), right.
Commissioner Sanchez: -- and it's because of the service that we provide. I mean, we have, by
far, the best service in the entire state of Florida when it comes to picking up garbage, and the
friendliest employees in the garbage department, but let me just say that the quality of life -- and
I speak for the entire City as I drive around -- is you could have a wonderful, clean community
and have in one corner a pile of trash -- you're talking about refrigerators, you're talking about
sofas, you're talking about people that have moved on from one apartment to another and
whatever they don't take, they dump out. What that does is it sets a precedence, or it sends a
welcoming on a lot of these companies that continue to dump roofing materials, continue to
dump anything that they could dump because they don't want to go to the County and dump it on
the site, and they know that if they dump it in the City, it's going to be picked up because -- you
know, somebody's going to call the office; they're going to call Solid Waste, and they're going to
go pick it up. The bottom line here is, and it has always been, enforcement. Coming up with
enforcement to get these individuals that are illegally dumping trash in our city, and really throw
the book at them, whether it be confiscating their trucks, vehicles, or whatever, and making an
example out of these people so it doesn't happen, because they come into our City and they
dump, and you could bring Code Enforcement here and you could bring people to investigate
that, and in many cases, they find addresses and stuff that are outside the City, so it's there, but
once again, they come into our City and they dump in our City because they know that it is going
to be picked up, so what I would like to see in this whole discussion that we've had is to create
some type of legislation or some type of law that really -- I mean, once you get these individuals
illegal dumping, you throw the book at them, and you make them an example, whether it be put
on Channel 9 that you're caught, whether it be that your vehicle is confiscated, whether it be that
-- you know, whatever it may be, but if we don't do that, we're going to continue to do that, and
41 July 17, 2003
the things that are happening outside of the City do not help us because you're right,
Commissioner Gonzalez and Commissioner Regalado are absolutely right, they're going to come
and dump in our City. They're going to cut your glass and on the way out of this City, they're
going to dump your trash in front of my house.
Chairman Winton: You know, it seems to me that, in terms of -- and I agree with you,
Commissioner Sanchez, on the enforcement side completely, and we may not have the teeth in
the enforcement side that we need by ordinance, so that may need to be changed, and maybe this
is an issue --
Commissioner Sanchez: We do.
Chairman Winton: -- Commissioner Gonzalez, that we -- that your Solid Waste committee takes
up, make -- have the City Attorney at one of your meetings where you -- where y'all talk about
steps we can take to help combat this issue from an enforcement side.
Commissioner Gonzalez: But let me tell you.
Chairman Winton: Yes.
Commissioner Gonzalez: I agree with Commissioner Sanchez. I spotted a guy dumping about a
month, a month and a half ago, and I called the NET (Neighborhood Enhancement Team)
administrator, and the NET administrator called a special task force, or whatever that is
supposedly taking care of this infractions, and I stayed at the place. I saw the guy dumping.
When they got there -- when the guy saw the first car arrive, he picked up -- started picking up
everything, and when I asked him what are you going to do about it? There's nothing we can do
because, you know, we didn't see him dump it, but I saw him dump it. I saw him dump it.
Chairman Winton: And that's why I think we need to really look at how the process works, and
change whatever ordinance --
Commissioner Gonzalez: So, I don't know to what --
Chairman Winton: -- that we need to --
Commissioner Gonzalez: -- extent, you know.
Chairman Winton: -- so, could you take that up in your committee?
Commissioner Gonzalez: I will.
Chairman Winton: OK.
Commissioner Gonzalez: Definitely will.
42 July 17, 2003
Chairman Winton: And anybody have any thoughts on the County side of this formula, by the
way?
Commissioner Regalado: Yeah, I do.
Chairman Winton: Let's hear them.
Commissioner Regalado: We got to call the Commissioners that represent the City of Miami,
because—
Chairman Winton: I agree.
Commissioner Regalado: -- you know, most of them, they are going to reelection --
Chairman Winton: And it's going to be --
Commissioner Regalado: -- in 200 -- in 2004.
Chairman Winton: -- their constituents who are --
Commissioner Regalado: That's what I'm saying.
Chairman Winton: -- same constituents, so I think that's a -- we do need to do that.
Commissioner Regalado: Who will be affected in their quality of life. You know, we got Jimmy
who's running now. We got Bruno. We got Barbara Carey. We got --
Commissioner Gonzalez: Rebeca Sosa.
Commissioner Regalado: -- Rebeca. We got Mr. -- what's -- up north. Which one is it? I think
Rolle.
Vice Chairman Teele: Rolle, Dorrin Rolle.
Commissioner Regalado: Yeah, exactly, so we got five --
Chairman Winton: Well, why don't we all --
Commissioner Regalado: -- and it's important.
Chairman Winton: -- call in --
Commissioner Regalado: I will.
Chairman Winton: -- the next day or two. I will call.
43 July 17, 2003
Commissioner Regalado: I already called.
Chairman Winton: OK.
Commissioner Regalado: I already called.
Chairman Winton: So will I.
Commissioner Regalado: I told Rebeca about it because --
Commissioner Gonzalez: All right.
Chairman Winton: OK.
14. FIRST READING ORDINANCE: AMEND SECTION 2-612 OF CITY CODE
ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST," TO ALLOW EMPLOYEES
TO PARTICIPATE IN FEDERAL ECONOMIC DEVELOPMENT PROGRAMS
ADMINISTERED BY DEPARTMENT OF COMMUNITY DEVELOPMENT PROVIDED
THAT EMPLOYEE IS IDENTIFIED AS BEING AN EMPLOYEE OF CITY IN
APPLICABLE DOCUMENTS.
Chairman Winton: Item 13. First reading ordinance, administrative conflicts. Need a motion.
Commissioner Gonzalez: Move --
Commissioner Regalado: Move it.
Commissioner Gonzalez: -- 13.
Chairman Winton: Got a motion and a second. Discussion?
Commissioner Sanchez: Discussion.
Chairman Winton: Yes, sir.
Commissioner Sanchez: Mr. Chairman, I had some concerns with this legislation. I'm sure the
legislation is with good intent, but let me just say that I'm very concerned with the signal that
we're going to be sending out on this legislation. Although City employees enjoy the right to CD
(Community Development) housing programs, and I support that -- I think that the concept and
the idea of bringing City employees to move back into our City is great, but what I do have
concern is when the City employees seek grants or loans for businesses, you know. I think that,
in some cases, you may have CD feeling pressure to approve those fundings for those
employees, and I think it's just going to open the Pandora boxes for certain individuals in the
City saying, "Hey, you know, they got preferential treatment, or they got that loan because
they're City employees," and that continues to be a concern of mine. When it comes to housing,
it's one issue, but when it comes to economic development and an employee being a City
44 July 17, 2003
employee, or being an entrepreneur, it's just a great concern that, you know -- someone's going to
scream out there's foul play or not being fair, so I just wanted to state that for the record. I'm not
comfortable with this legislation, and I just wanted to put that -- I know it's probably going to
pass this Commission, but you're just going to open up the Pandora's box for people who are
going to apply to come back and say that individual got it because he's a City employee, because
Commissioner Regalado: What's in it for us?
Commissioner Sanchez: -- he works for "X" and "X" person, and you know, we'll have to deal
with that problem as we go on, so there's no way that I could support this legislation.
Chairman Winton: Any other comments? And Commissioner Sanchez, I think that -- and I'm
probably -- and I am going to support this, but I think that -- I think your comments are very
valuable, Joe, and I think we do need to -- we probably ought to get some sort of routine report
mechanism going on --
Commissioner Gonzalez: Right.
Chairman Winton: -- so that we can monitor how this is going --
Commissioner Gonzalez: Monitor it.
Chairman Winton: -- and if we fine out that all the applicants are suddenly just City of Miami
employees, then, you know, we've got to do something about that, so Mr. Manager, if you could
prepare a report and provide it to the Commissioners on a routine -- you know, on a monthly
basis, or quarterly basis, or something, so that we can all just kind of stay on top it and not let
what Commissioner Sanchez is saying actually happen, so, any other discussion on this item?
Read the ordinance, please.
The ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call.
Priscilla A. Thompson (City Clerk): Roll call.
45 July 17, 2003
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE VOF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS
OF INTEREST," TO ALLOW EMPLOYEES TO PARTICIPATE IN
FEDERAL ECONOMIC DEVELOPMENT PROGRAMS ADMINISTERED
BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT PROVIDED
THAT THE EMPLOYEE IS IDENTIFIED AS BEING AN EMPLOYEE OF
THE CITY IN APPLICABLE DOCUMENTS; MORE PARTICULARLY BY
AMENDING SECTION 2-612 OF SAID CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
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
NAYS: Commissioner Joe Sanchez
ABSENT: None.
Ms. Thompson: The ordinance is passed on first reading, 4/1.
15. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12280, CAPITAL
PROJECTS APPROPRIATIONS ORDINANCE, TO APPROPRIATE $15,750,000 FROM
AVAILABLE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND
PROCEEDS FOR VARIOUS CAPITAL IMPROVEMENT PURPOSES; REVISE
PREVIOUSLY APPROVED PROJECTS AND ESTABLISH NEW PROJECTS
Chairman Winton: Fourteen, CIP (Capital Improvement Projects).
Commissioner Gonzalez: Move 14.
Commissioner Regalado: But -- Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Regalado: I think it's -- they changed it.
Alejandro Vilarello (City Attorney): They changed --
46 July 17, 2003
Commissioner Regalado: Now it's an emergency ordinance.
Chairman Winton: Which one?
Commissioner Regalado: That one, 14.
Commissioner Gonzalez: OK, we got an update.
Chairman Winton: Oh, 14's an emergency ordinance?
Commissioner Regalado: Well --
Chairman Winton: OK.
Commissioner Regalado: -- it's in the agenda as first reading, but they just give out the same
ordinance -- I think it's the same -- with the emergency.
Commissioner Gonzalez: Yeah, with an emergency.
Chairman Winton: OK, so it's an emergency ordinance.
Commissioner Gonzalez: So move 14.
Chairman Winton: We have a motion. Need a second.
Commissioner Regalado: I'll second. I got a question.
Chairman Winton: OK. Yes, sir.
Commissioner Regalado: The different details are here. The Coral Way beautification is here?
Chairman Winton: Yes.
Commissioner Regalado: OK. That was my question. The other question is, I'm still waiting
for the signs.
Chairman Winton: So, let's get the signs.
Commissioner Gonzalez: Get the signs done.
Chairman Winton: OK.
Joe Arriola (City Manager): We're making the signs as we speak. I promise you, I'll have the
signs out there -- when?
Unidentified Speaker: By next week.
47 July 17, 2003
Mr. Arriola: -- by the end of next week, I promise you. I'm going to have the signs.
Chairman Winton: We all heard that.
Mr. Arriola: I'm --
Commissioner Regalado: No. It has to be on Wednesday --
Mr. Arriola: OK.
Commissioner Regalado: -- because Thursday is the last time we meet, and then I will not --
Mr. Arriola: You want to --
Commissioner Regalado: -- have a forum to go after you.
Chairman Winton: OK, so Wednesday it is. Y'all better speed that up.
Mr. Arriola: OK, I'll speed that up.
Chairman Winton: You've got some weekend work to do. OK. Yes, sir, Commissioner
Sanchez.
Vice Chairman Teele: Mr. Chairman.
Commissioner Sanchez: No.
Chairman Winton: Yes, sir. Commissioner Teele.
Commissioner Sanchez: Oh, on 14?
Chairman Winton: Yes.
Commissioner Sanchez: Yes, yes, yes. Let me first congratulate Mr. Cano for avoiding a blood
bath on all five districts. Let me just say that looking at the report, the breakdown and stuff, it
really focused on the priorities set by the Commissioners, so once again, I want to thank you for
your professionalism on this report. Thank you.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir. Commissioner Teele.
Vice Chairman Teele: May I inquire? Why has this become an emergency, please?
48 July 17, 2003
Jorge Cano: Good morning. Jorge Cano, director of Capital Improvements and acting chief of
Neighborhood Services. The reason we recommended placing it as an emergency, we've got a
number of projects that we need to move forward that don't have first series funding, and because
there's not going to be any Commission meeting until September, we felt it was appropriate to
attempt to get a second reading or an emergency, sir. One example is Commissioner Regalado's
Coral Way project.
Chairman Winton: Anything else?
Vice Chairman Teele: Mr. Chairman, to the Manager, I want to offer some degree of support to
the capital improvement process, and speaking personally -- thank you very much, sir. Thank
you very much -- speaking personally, I must commend our -- and I'm not big on this
commendation all through the process, but Jorge is extraordinarily making a great effort. I think
Joe Sanchez just said it. I mean, he is clearly doing something that has not happened in the City,
and that is not playing politics, but trying to ensure that the citywide perspective is maintained,
and it goes noted by me. If Jorge were not doing this, I would tell you, my discussion today
would be totally different. I would be doing everything I could to block this, and I'm going to
tell you why, Mr. Manager. Manny Diaz has been Mayor now for how many months, nine
months? He's coming up on a year in November.
Commissioner Regalado: No, two years.
Chairman Winton: Two years.
Commissioner Gonzalez: No, two years.
Commissioner Sanchez: Two years.
Commissioner Regalado: Two years.
Commissioner Sanchez: Time flies.
Commissioner Regalado: Time flies, man.
Vice Chairman Teele: Time flies when you're having fun, huh?
Chairman Winton: Yeah.
Vice Chairman Teele: What happened that year? You're right.
Commissioner Regalado: You missed a year, whole year.
Vice Chairman Teele: Missed a year.
Chairman Winton: But I can assure you, we were having lots of fun in that year.
49 July 17, 2003
Vice Chairman Teele: But I'm going to tell you something, what has happened to the capital
improvement and the bond issue is a total disgrace. It's a total disgrace, and we can get into
pointing fingers and blaming, but you know, this thing is going to kind up a little bit like George
Bush. You know, he says he inherited a horrible economy. When he was running for office, he
was talking about how great the economy was, you know. After a while, you -- the point is, after
a while, you can't blame the previous guy; you've got to accept the responsibility. I want,
starting November, on the anniversary date of our Mayor, an outlay schedule of outlay. I'm not
talking about commitments. I'm not talking about contracts. I'm talking about outlay, and so that
we're all clear -- I don't know if the Budget Director's awake or asleep or here today -- outlay,
Mr. Director, means the money that has gone out the door. It means the money that has been
spent. In football parlance, that's the naval button. That's the naval button. You know, the
coach always tells you, don't watch his legs or his shoulders because he'll fake you; watch his
naval button. If we don't start watching the naval button here, we're going to hear about the
expediting of projects, and this, and that, and the other, but at the same time -- and I'm going to
tell you something. Mr. Manager, do you have any idea about how much money has been
outlaid out of this 255 or out of the 165? And it's not just that --
Commissioner Sanchez: Very little.
Vice Chairman Teele: I mean, it's not just that, because remember, there was $100 million --
Chairman Winton: Already there.
Vice Chairman Teele: -- of reprogrammed capital improvement money.
Chairman Winton: One forty.
Vice Chairman Teele: On top of that -- and I need to get clear on this. On top of that, we have
$13 million of secondary gas tax; is that right? What's the right number? Somebody help me
with the right -- correct number. Secondary gas tax money.
Unidentified Speaker: The local option.
Vice Chairman Teele: Local option. Sixteen million?
Joe Arriola (City Manager): Sixteen million. Local option tax --
Vice Chairman Teele: How much capital improvement money do we have available on an
annual basis through our budget process, because we didn't allocate that money this past year in
the budget process?
Mr. Arriola: Seven million.
Vice Chairman Teele: Seven million?
Mr. Arriola: Gas tax.
50 July 17, 2003
Vice Chairman Teele: Seven million, plus the transit is going to generate another $10 million; is
that right?
Mr. Arriola: We don't know yet.
Vice Chairman Teele: I mean, but roughly. For budget purposes --
Chairman Winton: That's correct.
Vice Chairman Teele: -- it's $10 million. It'll probably increase to 12, 13 million and we're
getting a huge cube being developed here, you know. I don't -- I won't cite any park in
particular, or lack of park thereof, but I'm here to tell you that probably less than three percent of
the available dollars, of the 165 -- is it 165 or 155?
Chairman Winton: One fifty-five, right?
Vice Chairman Teele: Hundred and sixty-five?
Chairman Winton: One fifty-five.
Vice Chairman Teele: One fifty-five?
Chairman Winton: First tranche.
Vice Chairman Teele: -- has not been outlaid --
Chairman Winton: Plus the 140.
Vice Chairman Teele: -- so you've got the 165 -- 155, which is available, plus the capital
improvement dollars that were rolled over, plus the gas tax money, secondary gas tax money,
and other capital improvement dollars. We allocated -- how much money for CD (Community
Development) -- from CD this year for capital improvement facilities? About a half a million
dollars, $700,000, et cetera, and I'm telling you, we're getting ready to develop a real problem, so
I don't want to deal with this issue. What I'd like to do is put the Manager on notice that starting
in the second meeting in November, we need to have an outlay discussion, a discussion of
outlay, of how much money has been expended, because all we're going to hear about is projects
that are getting ready, projects that are this, but the real test is how much money -- and we said
all this during the vote -- during the getting up for the vote, which is --
Chairman Winton: Right.
Vice Chairman Teele: -- why -- what Commissioner Regalado is complaining about, or the
signs. It's so frustrating. Mr. Manager, you were not here, Mr. Administrator, but within 48
hours of this Commission approving the $255 million bond issue for a referendum, within 48
hours, there were signs being put up all over the City of Miami from a dead start --
51 July 17, 2003
Commissioner Sanchez: Supporting it.
Vice Chairman Teele: -- supporting it, and saying this is what will be improved if we do it. I
think we can do no less in terms of the timeline, and it was done primarily in the print shop or the
Mr. Arriola: I understand, sir, and how much of those projects really were done or scoped or --
Vice Chairman Teele: Not a one of them.
Mr. Arriola: OK, good.
Vice Chairman Teele: Not a one.
Mr. Arriola: I just want to bring that up.
Vice Chairman Teele: No, nota one of them. I mean, we were flying by the seat of our pants,
but the voters gave us their confidence, and the one thing that destroyed -- you know this better
than anyone in this room -- the one thing that has destroyed the Miami Dade County School
Board's moral authority, and therefore, everything becomes a slippery slope, is the fact that when
they got the billion dollars of capital improvement dollars, the dollars overtime -- because time is
money -- shrank; projects got bigger, overruns got bigger, and after a while, they're in a holy
chaos. We don't want to be back in that, and the key thing is to maintain the public confidence,
which is why I support the bond -- Citizens Bond Review Committee, et cetera. We've got to
expend money, and that's the key thing, and every time we keep allocating more money, but
we're not expending money.
Chairman Winton: And I would like to make one comment about Commissioner Teele's.
Commissioner Teele suggested we get that report on dollars spent in November. I'd rather get
that report at our first Commission meeting in September --
Vice Chairman Teele: I think they need time to --
Chairman Winton: -- showing -- well, that's a month and a half.
Unidentified Speaker: Month and a half.
Chairman Winton: That's plenty of time.
Vice Chairman Teele: I'm trying to give them time to spend some money. You don't want the
report now, do you?
Chairman Winton: Well, they got somebody else that can do that report. Yes, sir, Commissioner
Sanchez.
52 July 17, 2003
Commissioner Sanchez: I just want to elaborate a little bit on what Commissioner Teele and you
said. You know, the greatest assets that any elected official has is his credibility, and you know,
we went out there and we sold this bond rating. The City jumped on the wagon. We put those
signs out, and you know, the voters approved it; gave us the confidence back in a government
that was turning around, a city that is doing much, much better than it was many, many years
ago, but once again, you know, the good news was that we got the bond, and the bad news was
that we got the bond because, you know, we went out there and we basically put it in black and
white. We wrote it down, exactly what we were going to do, what were the priorities, and you
know, the number one priority is to get some of these jobs forward. Now, let me just once again
-- not to praise Jorge Cano -- I could give you one project in my community that's holding me
back because of one individual who has threatened to sue the City because an easement and
we're working with him. We're trying to work with everyone to make sure that, at the end of the
day, we're able to do this project, but some of these projects get held back because, you know,
the person may not have the interest to get the work because it doesn't benefit them. You know,
it's all about, you know, what benefits me? What's going to -- what's in it for me? You know,
the old famous "What's in it for me?" so you know, this project that we have been working on
for four years -- and I think that I've been here many times, Mr. Chairman, and I have basically
have said, you know, hey, why does it take this long to get some of these jobs? Well, first of all,
is getting the money allocated, getting the money in place, then putting out the bids, and in many
cases, you get bogged down on a legal issue, such as this project, so at least on my projects we're
moving forward on them. I'd like to expedite them a little bit more. Of course we all want to do
that, but we have a process that we have to follow.
Chairman Winton: OK. Any other comments? Yes, sir.
Commissioner Regalado: I -- it would have been easy for me -- and I think I was the only one
that was here of all of us, when the financial crisis was announced. It would have been easy for
me to say, "I wasn't here. I just got here. I got here in September of 1996; crisis began in
November of 1996, so I wasn't here. I'm not going to vote," but I had to bite the bullet and vote.
The past administration, the past manager, in writing, gave me timelines of two projects -- and
by the way, I think that Jorge is doing a very fair thing by taking on these new projects
throughout the City, but of all the projects in District 4, none have been done or even started --
Chairman Winton: Wow.
Commissioner Regalado: -- and I have given to the residents memos from Manager Carlos
Gimenez giving time and dates of where and when those projects will begin. Now, I have two
choices: Either go there and say that the former administration was incompetent, or say well, you
know, I'm taking the blame, and this project would not be done as I told you that it was going to
be done. The Bryan Park project has not even started yet. We have visited the park so many
times with the CIP (Capital Improvement Projects) and the consultants. The 16th Terrace project
have not even started, so I don't know what to do or what to say, Mr. Manager. I just feel that
now the only thing that I can hope for are signs saying that those projects will be done. The TV
(television) station here is doing a program about Coral Way improvement. They interview me,
and they ask me when are they going to do the improvement, and I said, well, I think that maybe
53 July 17, 2003
we will start that by the end of the year, maybe in January, but don't take my word for it, because
you know, I don't speak for the Administration, so I just don't know what to do.
Mr. Arriola: Commissioner, let -- and going back to what Commissioner Teele was saying, and
I'm not going to make any excuses because I don't believe in excuses, and nobody drives the staff
more harder than I do, but I will give you a couple of examples what the problems we've had in
the City. First of all, we can't really get really good people to work for us because we don't pay
our bills, unfortunately. We are lousy bill payers. Ms. Haskins is working on this extremely
hard so we can get more competent people to work for us, but two, is the way we've done
business in the past, and I'll give you two perfect example. One was Fern Isle cleanup that we
had somebody come in and bid on the project. I went to Commissioner Gonzalez and I said,
"Boy, I'm so happy we're going to start on Monday." On Tuesday, I had that contractor in my
office with a change order for $200,000, and what happened, that's the way they used to do
business in this City --
Commissioner Sanchez: That's right.
Mr. Arriola: -- and I could have said, you know what, I promised him a project; I'm going to go
ahead and spend the extra couple of hundred thousand dollars because I made that promise, but
we would have kept doing business as always. I had to stop the process. I told him, I says,
blame me for this. I delayed the process for 60 days. We had to go back to our rebidding
process, and now we have the good supplier that's going to do it at a fair price, and that the prior
supplier is not going to do business in this city anymore. I had a very similar case with a project
for Commissioner Regalado. We had this project scoped, you know, kind of budgetized [sic]
and everything, and we had it as a minority set aside. The bid came in $400,000 higher. I'll be
honest with you, I could have gone ahead and said, 400,000; this is it. I decided not to do it.
We've gone back. We've got new bids, and we're going to save several hundred thousand
dollars, but sometimes this process is more frustrating to me, from coming from private life, than
anybody else, but I'm telling you, we have some very, very -- sometimes we do it; we put it out
to bid, and then we have suppliers that don't really come through for us, and it's just -- it's kind
of like everyday when I turn a stone, there's a roach underneath it, and I understand your
frustration, and I'm really working hard on it, and we're getting all these projects out, but Jorge
inherited a list of capital improvement projects; not a single project have scope or budget on it,
and we had a prior CIP director there for eight months. I have no idea what she did because
there was not a single project that was scoped or budget, and he -- this is the kind of things that
he's facing on a daily basis, and I'm telling you, he's doing, not a good job; he's doing an
outstanding job, and his staff is better than good; they're great because they're working very hard
Saturdays and Sundays to get this stuff up, and we'll get the machine rolling. I promise you,
we're going to get the machine rolling, and I have no problem being given a report card on this
thing.
Chairman Winton: And hopefully, in September, when we come back, at least by the second
week, you'll be -- at least a list of projects that have started while we were on the --
Mr. Arriola: Well, by next Monday, I have to have at least signs out, don't I?
54 July 17, 2003
Chairman Winton: Yes, by Wednesday. OK. Anything else on this item?
Commissioner Regalado: Are we doing one project? Is there any CIP projects?
Mr. Cano: Sixteen -- 16th Terrace project is going out for bid in September.
Commissioner Regalado: No, no, I'm talking now. Are we doing any actual work of any
proj ects --
Chairman Winton: Anywhere in the City.
Commissioner Regalado: -- coming -- anywhere in the City coming --
Chairman Winton: Yes.
Commissioner Regalado: -- out of the bond issue?
Mr. Cano: Yes, we do.
Commissioner Regalado: How many?
Vice Chairman Teele: How do you define "work"?
Commissioner Regalado: Work is shovels in the ground.
Commissioner Sanchez: Has great support.
Mr. Cano: One example is the $2 million in structural repairs at the Orange Bowl. One of the
things that we've done that, recently --
Commissioner Regalado: That's the only one.
Mr. Cano: No, it's just an example.
Mr. Arriola: We'll give you a list in the afternoon --
Chairman Winton: Yeah, yeah, yeah, so let them count them up and they can bring --
Mr. Cano: The project list that you received --
Chairman Winton: Excuse me, Jorge, hold on. Let him count them up, and they can bring that
back -- they can bring the number back this afternoon --
Mr. Cano: OK.
Chairman Winton: -- so anything else? Any other conversation on this item?
55 July 17, 2003
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: Not -- to the Manager and I guess to the assistant manager for Planning,
one of the challenges and one of the opportunities, I think, is to somehow get the planning
process and the capital improvement process, which includes Public Works, to work more
closely together. I think I made a bet in error against Jorge, and I hope he won't try to pay up on
that bet or make me pay up on the bet because it involves kissing and smooching, and I'm not
particularly interested in that part of the body, but the planning process has really got to be better
coordinated, and I think there are some real opportunities to move projects ahead if we can
somehow get the Planning Department and the Capital Improvement Department to do some
joint activities. I've recommended one or two, and Jorge, I'd like to know, have you been able to
think that through, you know, over there in the Buena Vista area, where we -- where the Planning
people apparently have been trying to come up with some money, and I know this is an area that
Commissioner Winton is -- you know, and they're doing these that charrettes off. You know, the
charrettes are going on, and the Capital Improvement people are really not that directly involved
in it. It just seems to me that if we could move some of the charrettes into the planning -- into
the capital process so that we have an engineer or an architect on board that's going to do the
project, but right now, the way we're doing the charrettes, for example, we get -- and they go off
and do it off on -- and then after the their work is done four months, six months later, they
present that. Then we go out and we select an engineer to design -- and that's just a small
example, but it's really, I think, a very good example of how we, working together, can expedite
the process, and I just wanted to know, Jorge, have you been able to talk to the Planning Director
about that and -- OK.
Chairman Winton: OK. Anything else? Read the ordinance, please.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 12280, AS AMENDED, THE CAPITAL
PROJECTS APPROPRIATIONS ORDINANCE, TO APPROPRIATE
$15,750,000 FROM AVAILABLE HOMELAND DEFENSE/NEIGHBORHOOD
IMPROVEMENT BOND PROCEEDS FOR VARIOUS CAPITAL
IMPROVEMENT PURPOSES; REVISING PREVIOUSLY APPROVED
PROJECTS AND ESTABLISHING NEW PROJECTS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
56 July 17, 2003
was introduced by Commissioner Gonzalez and seconded by Commissioner Regalado, 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 Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None
ABSENT: None
Whereupon the Commission on motion of Commissioner Gonzalez and seconded by
Commissioner Regalado, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12389.
Priscilla A. Thompson (City Clerk): The ordinance is adopted as an emergency measure, 5/0.
16. TABLED: DISCUSSION CONCERNING REPORT FROM WORKING GROUP THAT
ANALYZED ECONOMIC IMPACT OF LIVING WAGE INCREASE IN 2003-2004
FISCAL YEAR BUDGET. (See # 18 + 71)
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I know that you want to move through, but we -- there's two things that
are on the agenda that we sort of had people to come, and I'd like to see if we could get to the
order of the day. On my blue pages, the Chief of Police was asked to be here. Is he still here?
I know he had been here -- and I did want to make this observation after the vote on number
14, and I'll wait till the Chief comes, but we also have the --
Commissioner Regalado: I have --
57 July 17, 2003
Vice Chairman Teele: -- living wage people, and I think --
Chairman Winton: And that's your blue sheet item.
Vice Chairman Teele: That's on his blue sheets.
Chairman Winton: Yeah, OK.
Commissioner Gonzalez: I believe the Chief is in the Mayor's Office.
Chairman Winton: So, do you want to -- Commissioner --
Vice Chairman Teele: The living wage.
Chairman Winton: -- Regalado, would you like to take up the living wage item issue on your
blue sheets --
Commissioner Regalado: I would --
Chairman Winton: Be glad to.
Commissioner Regalado: -- love to. I would love to.
Chairman Winton: It's all yours.
Commissioner Sanchez: Which one is that one?
Commissioner Regalado: Thank you very much.
Commissioner Sanchez: The --
Chairman Winton: Living -- it's the --
Commissioner Regalado: For --
Commissioner Sanchez: -- living --
Chairman Winton: -- living wage on Commissioner Regalado's blue page.
Commissioner Regalado: I have placed this item in the agenda many times, and finally, we
got the Administration. Let me tell you that talking about the past administration, every time
that I asked about this, I was told that a living wage ordinance in the City will -- first, I was
told it would cost the taxpayers $2,800,000; then 3 million, 4 million, and it never got
nowhere.
58 July 17, 2003
Vice Chairman Teele: Tomas, would you yield and let us do the Chief thing? He's rushing
back in to --
Commissioner Regalado: Sure. I would yield to Commissioner Teele to do his presentation,
and then, if you don't mind, I'll be back. I just --
Chairman Winton: No problem.
17. DIRECT MANAGER TO KEEP COMMISSION ABREAST REGARDING CITY'S
RESOURCES FOR POLICE DEPARTMENT AND THEIR NEED FOR POSSIBLE
INCREASE IN RESOURCES.
Vice Chairman Teele: And I want to apologize to -- thank you for the courtesy, but I want to
apologize to the people that are here. We did say the Chief thing, and then the Chief rushed
back down and he's got another meeting, and with your indulgence, we'd like to let the Chief
at least go back and deal with the issue. The blue page item -- and Mr. Chairman, what I said I
-- would wait until the Chief was here. Buried deep in Item Number 14 --
Chairman Winton: I saw it.
Vice Chairman Teele: -- was restoring some of the money that we have worked on for the
police facilities, and I know that there had been some concern, but I think that should be
signaled to the Chief of Police as a vote of confidence to you, sir, because -- but for your -- but
for the changes I think that are being brought about, we would still be with a -- much smaller -
- $4 million as opposed to $10 million for the police facility. Mr. Chairman and Mr. Manager,
I asked that the Chief be made available, and I appreciate very much -- I've not had the
opportunity to talk to the Chief, and I don't normally ask questions that I've not had an
opportunity to discuss privately, but I would like to just note for the record that the homicides
in the Model City area have increased by 43 percent over 2000 and -- from 2002 year-to-date
2003, and from May 2003 to June, 150 percent increase. These are staggering, absolutely
staggering numbers, and I have been hesitant to even raise the question because I realize that
our City is in the grips of several other citywide problems, particularly the problem of
Shenandoah, and I certainly want to be on the record in supporting any diversion of resources
that are necessary to bring about a quick solution to that. I would particularly note, Mr.
Chairman, that our Chief has been on, I guess MS -NBC (Microsoft -National Broadcasting
Network) and CNN (Cable News Network), and Fox news, and has conducted himself in an
outstanding manner, and most of the commentators, while being tough about what's going on
in the City, have complimented the Chief personally, and we want to endorse those
compliments. However --
Chief John Timoney (Chief of Police): So is "however."
Vice Chairman Teele: -- all politics is local -- meanwhile, back in Model Cities --
notwithstanding anything I've just said --
Unidentified Speaker: I was waiting for that.
59 July 17, 2003
Vice Chairman Teele: -- what the devil are we doing, and I understand that you're prepared to
make an announcement, perhaps, or some statement of activities that you're prepared to take,
so I just wanted --
Chief Timoney: Yes, sir.
Vice Chairman Teele: -- to let you know that while I've got confidence in you and your
department, I'm concerned about these numbers and the reality --
Chief Timoney: Yeah.
Vice Chairman Teele: -- and obviously, we've had some tragic losses --
Chief Timoney: Right.
Vice Chairman Teele: -- of human beings in the community.
Chief Timoney: Yeah. Well, thank you, sir. The -- there was a huge concern --
Chairman Winton: Name, please.
Chief Timoney: My name is John Timoney. I'm the Chief of Police. I've been meeting on a
regular basis with community leaders all over this City, including the north Model Cities,
Little Haiti, and places like that, on an ongoing basis, even prior to this outbreak of shootings,
and there was a concern registered to me, particularly by members of the clergy who I met
with, that we didn't want to see the reemergence of drug -gang warfare, and so when that spade
of homicides hit in late June and early July, there was this understandable natural concern that,
oh God, here comes the drug wars again. We have looked at every incident, and basically, out
of the eight shootings altogether, two could be called drug-related. One of them was a drug
rip off, guys come down from New York; ripped off another drug dealer, and then one other
one was drug-related. The rest of them have a whole variety of reasons; one involving
prostitution, and a whole host of other things, so there isn't any drug -gang war going on.
However, what there is up in that area, and maybe in some other areas, is the City put
especially up there a proliferation of weapons, of guns, particularly pretty lethal guns, AK -47,
nine millimeters, and so we've put together a task force, which is separate from the
Shenandoah Task Force, up there with our narcotics and our problem -solving teams, who are
up there in pretty aggressive fashion, with some community support; getting phone calls from
local residents, and so for example, in one case, a woman was able to give us information
leading to multiple arrests and the confiscation of eight weapons, including two AK -47s, so
for this last couple weeks, things have been relatively quiet up there. There's been a lot of
arrests, a lot of narcotics arrests, gun confiscations, but -- well, any time you have a homicide,
there should be concern. The concern that it's somehow this retaliatory drug-induced
homicides is not the case. We're up there. We're up there in strength. The bottom line in all
of this, while it looks like you have an overall increase in homicides, in that particular area,
there is, but suffice to say, we're at the exact same number citywide that we were at this time
60 July 17, 2003
this year. Often things happen in bunches for no readily explainable reason; that may be the
case here, but we're not complacent. We're up there. I've been up there myself with Chief
Fernandez, Chief Darling. We've got a lot of resources in that area. I've gone up with many
community residents; Georgia Ayers, Hattie Willis. I've driven around the neighborhood with
them visiting folks. We've had two community meetings up there; another one last night
trying to assuage the concerns, so we're as concerned as the folks are up there. Daryl, is there
something -- Chief Darling has been (UNINTELLIGIBLE) is well aware. Chief Fernandez is
up in Harvard getting an education for a month, and so Chief Darling has been chiefing [sic]
for him.
Chief Darling: Good morning. I'm Assistant Chief Darling, chief of Criminal Investigations
Division, and just a summary of some of the things that we've done up there of the homicides
that have occurred up there, we have made two arrests. We have two warrants for arrest, and
we have one offender in federal custody. What we have done is put together, not only the task
force, but we've put together a operation with the U.S. Attorney's Office to target the violent
gun offenders in the area. Right now we're going to be looking at going federal on all gun
charges that meet the criteria, and we're working with Assistant U.S. Attorney Gimenez on
that effort. We think that's going to be a big step in making sure that some of these violent
offenders don't get out and come back to the neighborhoods and do some of the same things
they've been doing. We're trying to break that crime triangle that always occurs with these
types of incidents. We have the suspects, we have the victims, but we're going to try to deal
with the locations and the opportunity that is occurring in the area. As the Chief stated, as far
as the homicides, we're right at the same level we were last year. In Model City, last year we
had 12 -- 11 homicides and this year we had 12 to date. In Little Haiti, we had 21 homicides
and this year we had nine. Upper Eastside, we're even. We have two homicides in Upper
Eastside, and two last year to date, so even though we're still at the same level, we're putting
all efforts in in trying to deal with the actual homicides in the area and get the violent crime
down, and attack the conditions that breed violent crime.
Vice Chairman Teele: Well, I'm confused. The item on the agenda today is a discussion
regarding Model Cities. June 2003, according to the Miami Police Department Computer
Support Unit, printed July 8, 2003, the June killings or homicides show a 43 percent increase
year-to-date for Model Cities. Now, you're saying -- I heard you say that -- the Chief say that
citywide, we're in the same position year-to-date --
Mr. Darling: Right.
Vice Chairman Teele: -- which I can appreciate, but in Model Cities -- now, let's just focus on
Model Cities. Do we have a surge or not? I mean --
Chief Darling: We had a -- we definitely had a surge in June and the first week in July. We
definitely had a surge, but what we did -- all of them were various motives. Like the Chief
stated, we can attribute at least two to a narcotics activity, but what we have done, we've put
things in place to address the actual causes. Most of the -- all of the homicides occurred on the
street, and they occurred because of some type of minor offense that led to a larger offense,
which ended up to be homicide. What we're doing, we're attacking those minor offenses, the
61 July 17, 2003
crap shooting, and those types of offenses in that area. We've met with the community.
Twice we've met with the community. We did this prior to implementing this task force,
letting them know that we were -- we will be in the area, not just on a temporary basis, but we
will be in the area to make sure we deal with these types of offenses, and since we've been
there, since the 7th of July, we have had no incidents. We do admit that we did have a surge
for June and the first week of July. That's -- the data supports that.
Vice Chairman Teele: Thank you for your -- and finally, let me just ask you this: Are we
providing sufficient resources, or are we going to augment resources? I'm a little bit
concerned, and I would hope that the State's Attorney Office would take note of the fact that
for whatever reason, we're going federal, and that -- that's a -- something that goes both ways,
but are we augmenting, and is there anything that we can do -- is there anything that this
Commission can do by way of providing additional resources to get this, and maybe the Chief
would like to comment. How are we doing year-to-date on the budget, given the -- that's not a
good question, Mr. Administrator? Well, maybe I don't want to know. Maybe that's
something I want you and the Manager to talk about.
Chairman Winton: Yeah.
Vice Chairman Teele: Yeah, I'll leave that one alone.
Chairman Winton: Next.
Vice Chairman Teele: Yeah, but we would very much like to be kept informed, Mr. Manager,
of the need for resources because we obviously have a problem with the rapists. We
obviously have a problem with the surge, and this is a hot summer, and I'm just concerned that
we get the right people doing the right things.
Chief Timoney: The one thing we did do at the beginning of the summer, we put together a
proposal to the Manager, which he approved. As you're well aware, we are down 50 police
officers from normal staffing levels, and so those salary savings Mr. Arriola approved us
Backfill Overtime program, which allows us, for all areas of the city -- if, for example, some
areas are supposed to have six officers this afternoon, but because of retirements and what
have you, only four are scheduled to show up. We are authorized to augment those four with
two on overtime, so we have full staffing through the summer.
Vice Chairman Teele: Chief, I want to thank you and Assistant Director Darling, and I want
you to know that we appreciate your efforts to reach out to the community, but we are
concerned and if there's anything we can do, please don't hesitate to let us know through
channels.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Thank you very much.
Commissioner Regalado: Don't leave.
62 July 17, 2003
Chairman Winton: Yeah.
Commissioner Regalado: Don't leave.
Chairman Winton: Oh.
Commissioner Sanchez: OK.
Commissioner Regalado: Commissioner Sanchez wanted to say something.
Commissioner Sanchez: Yes. Thank you. I just --my concern, as well as yours and the entire
community, is that we're having a large number of police officers retire.
Chief Timoney: Yes, sir.
Commissioner Sanchez: You're looking at about a hundred and something police officers --
Chief Timoney: About 120.
Commissioner Sanchez: -- retiring. That'll leave a big gap --
Chief Timoney: Yes, sir.
Commissioner Sanchez: -- and as we know, the hiring process to go out and get them trained,
and get the standards, Florida standards, law enforcement standards, and then get them back,
and then they have to go through the field training officer period, and so before you have a
police officer out on the street, you're looking at maybe, what time frame, from about a year?
Chief Timoney: About a year.
Commissioner Sanchez: About a year, so therefore, we're going to be short a hundred and
some police officers within a year.
Chief Timoney: For the better part of a year, yeah, and I think we said that -- we indicated
that, and as a result, we were authorized the backfill overtime.
Commissioner Sanchez: But what is the Police Department doing to try to expedite -- to try to
get officers? Have you considered hiring officers that are already certified --
Chief Timoney: Yes.
Commissioner Sanchez: -- that maybe want to transfer from other departments? When I was
in the Florida Highway Patrol, because of the difference of pay, we had a lot of police officers
come to the City of Miami and other departments because of the benefits --
63 July 17, 2003
Chief Timoney: Right.
Commissioner Sanchez: -- and the pay.
Chief Timoney: Yes.
Commissioner Sanchez: Have you considered doing that to try to close that gap of a year
maybe to four to six months?
Chief Timoney: We have -- we're aggressively looking for what are called "lateral entrees,"
people that are coming from other departments, and Chief Gallagher and his shop have been
aggressive in that area. The other part, which is a goodness story, Rosalie Marks, who's the
Human Resource person, and her -- the woman that works for Joni -- I can't think of her last
name -- have been very --
Unidentified Speaker: Harris.
Chief Timoney: Harris -- have been very good and cooperative with us in coming up with a
new scheme, a new hiring scheme where we'd be able to give police exams -- there's one this
week -- every three months; that would give us a very fresh and active list so that we're not
looking at a list that's two years old, having to vet that list, and wind up hiring 1 out of 20.
We'll have a very new list; people who have already taken a prescreening exam, and so I think
we'll get a better -- a cadre of candidates, number one; number two, it'll be a fresh list. It's
unrealistic to have somebody waiting on a list for two years before you reach them. They
found jobs else where, and so with Rosalie Mark and Joni's help, that part is also being
addressed. These are some of the -- kind of the long-term solutions, but you're absolutely
correct on your observation. It'll take about a year before you start to realize those police
officers on the street, but meanwhile, we have an aggressive program to bring in lateral entrees
from other Police Departments.
Commissioner Sanchez: On another note, Chief, you know, everyone's talking about what's
going on in their district, and let me just look. I basically have been monitoring the CAD
(Computer Aided Dispatch) comparisons that you provided --
Chief Timoney: Right.
Commissioner Sanchez: -- and I am a little concerned with the increases also and some of the
things in my district, although you can't compare a homicide to a rape, you know. I have some
concerns in some of the increases that I would like to meet with you --
Chief Timoney: Absolutely.
Commissioner Sanchez: -- and you and your staff, because I've called for meetings that
apparently you have been busy. I understand that; there's other priorities, but I would like you
to make some time for me to sit down with you and possibly an assistant chief so we could go
over some of the concerns that I have in my district.
64 July 17, 2003
Chief Timoney: Absolutely.
Commissioner Sanchez: Thank you.
Chief Timoney: Whenever you're ready. Yep.
Commissioner Regalado: I got a question.
Chairman Winton: Commissioner Gonzalez. Oh, I'm sorry. Well, I'll come down the line.
Commissioner Gonzalez.
Commissioner Regalado: Chief, I read the June CAD comparison. It's got to be some kind of
mistake here because in the line of sex offenses, they increased in Flagami during June --
related to June of last year is 171 percent increase. Could be 17. It could be seven. It could
be zero, but it's at 171 percent increase?
Chairman Winton: Well, you went from 7 to 19.
Chief Timoney: Seven to 19.
Commissioner Regalado: OK. The increase in assault and batteries, 26 percent. Apparently,
people -- persons crimes is up in Flagami; and in Coral Way, stolen motor vehicles, 25 percent
up; burglary, 10 percent up; larceny, 21 percent; sex offenses, 35 percent. The deputy chief
explained to me your plans to send more police, and they -- the problem -solving teams and all
that. I think that it's important that you understand that although we legislate, we also get the
brunt --
Chief Timoney: Sure.
Commissioner Regalado: -- of the residents' complaint --
Chief Timoney: Um-hmm.
Commissioner Regalado: -- and you know --
Chief Timoney: I know.
Commissioner Regalado: -- and they keep complaining. They keep complaining. In
Shenandoah, the thing is about stolen vehicles. Let me tell you, I would -- I am just hoping
that your plan works in Shenandoah, but sometimes the people expect from the police more.
For instance, two residents in the Shenandoah area complained to me that there was -- they
have two Nissans, one of those SUVs (Sports Utility Vehicles), and they -- somebody first
stole the lights over there, and then the second time, they stole the second car lights, and they
have done that three times already in that same address. When we request, the response was
Nissan is to blame because they now are installing the lights without screws and the lights are
65 July 17, 2003
very easily. -- That's the report I got from the Police Department; blame Nissan, so you know
Chief Timoney: Well, I mean, they shouldn't blame Nissan. However -- I mean, there are
certain facts nationwide that there are some cars that are easier to steal than others. The
number one car, for example, in New York and Philadelphia -- I'm not sure here -- is a Honda,
a Honda Accord because the design, not with necessarily safety in mind, and so the whole host
of reasons. I wouldn't go around blaming the manufactures, but some are easier targets, some
are more inviting targets, and -- but if an officer blamed the manufacturer, that's wrong.
Commissioner Regalado: Yeah, but my point is that, you know, the people of Miami pay you
Chief Timoney: Yep.
Commissioner Regalado: -- and the police not to blame Nissan --
Chief Timoney: Right.
Commissioner Regalado: -- but patrol the streets of Shenandoah; to catch the serial rapists,
and all that. I -- you know, I'm hopeful that these plans does work. I think that the people of
my district are hoping, and I -- I'm just going to wait and see, but I think that you have to
understand that we are in a trench now because crime is going up. Your deputy chief stood
there and told me crime is down. That's not true. Crime is up in Miami and it's your problem,
so you know, I --
Chief Timoney: Yeah.
Commissioner Regalado: --just hope that you understand.
Chairman Winton: OK. Commissioner Gonzalez.
Chief Timoney: Sure.
Chairman Winton: OK. Commissioner Gonzalez.
Commissioner Gonzalez: Yes. Good morning, Chief.
Chief Timoney: Good morning, sir.
Commissioner Gonzalez: I, as my colleagues, Commissioner Sanchez, Commissioner Teele,
and Commissioner Regalado, and I don't know how Commissioner Winton is doing in his
district, have serious concerns, and I have been having serious concerns for months and
months and months, and I've been talking about my concerns about crime going up, even
though I have been told many, many times that crime is going down, but even though that
CAD do not reflect the actual amount of crimes in each category -- and that has been
66 July 17, 2003
established three or four times. I don't think we need to go through that exercise once again.
In this month's report, in Allapattah -- well, my district composes Allapattah, West Little
Havana, and Flagami, which I share with Commissioner Regalado. In Allapattah, we had
larceny is three percent up; robberies, 32 percent; assault and battery, 17 percent; sexual
offenses, 33 percent; a total increase is 6 percent. Personal crimes -- persons crimes, 23
percent; arrests down 31 percent. In West Little Havana, we had some increases; arrests down
27 percent. In Flagami, we had certain increases, and also arrests down 19 percent. I don't
know. I've been talking about this for a long, long, long time. I'm not going to blame
anybody. At this point, what I have decided to do is that whenever I have a complaint, I have
been directing the complaints to the Mayor of the City of Miami and to the City Manager,
because since we didn't hire you, and since the charter prohibits us from certain things, I just
have told my constituents, whenever they call me, call the City Mayor, Manny Diaz, and call
the City Manager, Joe Arriola. On one of the meetings that we had at the City Commission, I
was told -- I was made believe that I was stupid; that I could not read statistics. Well, I don't
have a doctorate degree, but I have a little bit of education, and I believe that I can read and
write, and read numbers, and I was told that I could not understand the statistics and the
compilation of CAD and CARE, and so on and so on, and one of your majors, Major
Longueira volunteered to bring a captain from record's unit to enlighten me or to give me a
seminar on how to understand these figures. I said, fine. I -- you know, I'm not God. I might
be wrong, so Major Longueira had the, you know, decency of bringing this captain to my
office and -- where is the City Manager? The City Manager was present at the meeting, and
the captain agreed with me, and also Major Longueira, throughout the discussion and the
meeting, agreed that, in fact, crime is up and arrests are down, and that also CARE will be the
right report that would reflect the actual amount of --
Chief Timoney: Right.
Commissioner Gonzalez: -- different -- which may be will show a decrease on some of the
crimes, not an increase. It doesn't mean that --
Chief Timoney: It can go either way.
Commissioner Gonzalez: It could go either way, so you know, I've got to give you that
benefit, you know. It doesn't mean that CARE is going to show there is more crimes. It may
shows that it's less crimes, but I was really surprised to find out that in the year 2002, the
Police Department was missing 300 reports, and --
Chairman Winton: Three hundred what? Three hundred what?
Commissioner Gonzalez: Three hundred police reports that they could not find, OK, and
when I asked about what is happening this year from January to June, I was told -- and I
realize that maybe Major Longueira, you know, he didn't knew what he was saying. In a
minute, he said, "Well, we're having a significant amount of reports missing," and I said, what
is a significant amount of reports missing? and he said "480 reports." Well, 480 reports
divided into six months, if my schooling was right, is about 80 reports a month.
67 July 17, 2003
Chief Timoney: Right.
Commissioner Gonzalez: Eight times six is 48, right, so it is four hundred and -- so, that
means that we're missing 480 reports that could change the outcome of these figures, but
actually, if it is important, the outcome of the actual figures, what really concerns me is the
victims that may be depending on these reports to put their claims through their insurance
company in the case of a burglary, in the case of a stolen vehicle, whatever, or whatever, or
even an accident. You know, if they don't have a report --
Chief Timoney: Exactly.
Commissioner Gonzalez: -- they can't put their claim through, so that gives me -- that really
gives me concern, and I know that you're trying to get that corrected.
Chief Timoney: Right.
Commissioner Gonzalez: Because I've been informed by the City Manager that you're
working very hard on getting this situation corrected, but I received a memo -- I think I was
sent a memo -- the captain said that he wrote a memo in reference to this, and I said, "Well,
captain, if there is a memo, I want to see the memo," and I got the memo yesterday --
Chief Timoney: Um-hmm.
Commissioner Gonzalez: -- and in the memo -- and I'm -- I would like to give you a copy of
the memo. I'm sure that you have it, Chief, but so you know some areas where you're having
some other problems, we're talking about workplace atmosphere, we're talking about
inadequate computer system, storage of information, overtime usage, crime, victim report
retrieval, and recommendations and suggestions. I even understand the part of the roof of an
area where you used to keep your -- where they used to keep the records before you came here
Chief Timoney: Right.
Commissioner Gonzalez: -- has been damaged. It hasn't been repaired. Some computers
have been damaged because of water leak, and so on and so on and so on, so -- which I'm sure
that you are aware of --
Chief Timoney: Yeah.
Commissioner Gonzalez: -- and I'm sure that you're going to be working in correcting that --
Chief Timoney: Yes, sir.
Commissioner Gonzalez: -- but I can't avoid to tell you once again, Chief, that this is not
personal.
68 July 17, 2003
Chief Timoney: I know.
Commissioner Gonzalez: It's not a personality issue. It's not a personality matter. I don't
have nothing personal against you --
Chief Timoney: Right.
Commissioner Gonzalez: -- but as the other Commissioners, we represent people.
Chief Timoney: Sure.
Commissioner Gonzalez: We have to go to elections, OK, to be re-elected. If we love the job
that we do and the service, we need to be re-elected, and those people call us. Yesterday I had
to call the City Manager in reference to one attorney who is not only an attorney, he's an ex -
bureau investigator for 22 years. This man served the Federal Bureau of Investigations, OK,
and he was treated as a piece of garbage, and the situation was he had a client in his office. He
was going to do some legal work for the lady. The lady had been threatened. Her life had
been threatened. He called the Department to report this because the lady was afraid.
Supposedly, there was -- the person that was threatening her has access to the business, and
the guy was carrying a weapon, and told her that he was going to kill her. He called the
Department and he was treated -- he says, "Listen, I don't know what is going on down there"
Chief Timoney: Um-hmm.
Commissioner Gonzalez: -- but I said, listen, I can talk to the Chief about this. I can't talk to
no -- I'm going to call the Manager. I'm going to refer it to the Manager, and then I'll have the
Manager call you, and I'm sure the Manager will then call the Chief and the Chief will take
appropriate action on whatever --
Chief Timoney: Absolutely. We will.
Commissioner Gonzalez: -- is happening. I'm apologizing to you, on behalf of the City, on
behalf of our management, and on behalf of our department, OK --
Chief Timoney: Absolutely.
Commissioner Gonzalez: -- so I'm sure that the Manager --
Chief Timoney: We will --
Commissioner Gonzalez: Is going to address --
Chief Timoney: I will have Chief Vega look into that.
Commissioner Gonzalez: -- that issue.
69 July 17, 2003
Chief Timoney: -- look into that.
Commissioner Gonzalez: OK, sir.
Chief Timoney: Thank you.
Commissioner Gonzalez: Thank you.
Chairman Winton: OK.
Commissioner Gonzalez: I just want to tell you, once again, I still have a complaint at -- I
mean, a concern. I still have problems --
Chief Timoney: Yes, sir.
Commissioner Gonzalez: -- and I hope that these problems are taken, not for my sake --
Chief Timoney: Yes.
Commissioner Gonzalez: -- for the sake of the residents of the City of Miami.
Chief Timoney: Absolutely.
Chairman Winton: And Chief, I think kind to sum up -- and I'm not going to go through
District 2. You and I have already talked about it, but there is real concern --
Chief Timoney: Sure.
Chairman Winton: -- and there are real numbers up that are --
Commissioner Regalado: Excuse me. Does he meet with you?
Chairman Winton: If I want him to meet with me -- yeah, if I call him, get a meeting, yeah.
Commissioner Regalado: OK.
Chairman Winton: I mean, I -- actually, I've met with his people, not with him, so he and I
haven't had a meet -- but I've run into him out in the community, also, and talked to him, so --
Vice Chairman Teele: What time do you go rowing because I need to get a meeting with you,
too?
Chief Timoney: Quarter to six.
70 July 17, 2003
Chairman Winton: But anyhow, to sum up, there's real concern, there's real numbers up, and
the fact that you've got so many officers out and more going out, this whole process of getting
back up -to -speed is absolutely crucial.
Chief Timoney: Yeah.
Chairman Winton: It is the key to us getting --
Chief Timoney: Absolutely.
Chairman Winton: -- back in control, so if you need something from us, don't wait. Get here
so we can help, because that's a crucial, crucial issue. OK.
Chief Timoney: Thank you very much.
Joe Arriola (City Manager): Let me just make one little --
Chairman Winton: One brief.
Mr. Arriola: -- one comment in reference to Commissioner Gonzalez. If nothing else, out of
all this constant bringing up the facts, and they are facts, and Commissioner Regalado, I think
that the Chief and I have a better understanding of some real issues and real problems that you
have brought up, and believe it or not, you don't -- I appreciate it, because we are very deep
concerns and these are things that -- as we've grown into this process, we're finding real issues,
real problems, and all I can promise you is that we're going to find real solutions to the fact,
and don't think you're -- you know like, you called me yesterday and said, I want to apol -- you
never have to apologize for bringing the problem.
Commissioner Gonzalez: No.
Mr. Arriola: I want to know, and these are real issues, and the Chief is very concerned with
that issue, and we are going to look into it, and you know, it's kind of like in a constant
motion, and I don't think it's personal. Chief knows it's not personal.
Commissioner Gonzalez: Well, that's why I say it's not a personality matter.
Mr. Arriola: No. We --
Commissioner Gonzalez: It's not about -- and I even -- you know that I told you, I apologize
for calling you, once again, about a police --
Mr. Arriola: Never do that.
Commissioner Gonzalez: -- related issue.
Mr. Arriola: Never do that.
71 July 17, 2003
Commissioner Gonzalez: I'm sorry, but Mr. Manager, I have to call you. Who do I call?
Chairman Winton: OK.
Mr. Arriola: You never, never, never --
Chairman Winton: excuse me.
Mr. Arriola: -- have to apologize.
Commissioner Gonzalez: OK, so I --
Chairman Winton: We're going to --
Commissioner Gonzalez: -- and I want you to know that, you know, whatever I've been
telling you is because they are facts.
Mr. Arriola: I understand, sir.
Commissioner Gonzalez: I have proven to you with facts --
Mr. Arriola: I understand.
Commissioner Gonzalez: -- with figures and numbers, and I have a concern, and since I --
Mr. Arriola: You don't have to apologize --
Commissioner Gonzalez: -- cannot talk to --
Mr. Arriola: -- and I appreciate it.
Commissioner Gonzalez: -- the Chief, I have to go through you. That's what I say I apologize
to having to call you again --
Mr. Arriola: No.
Commissioner Gonzalez: -- about a police matter.
Mr. Arriola: You never have to apologize.
Chairman Winton: OK. That -- we're done on this issue. Commissioner Regalado, living
wage.
Commissioner Gonzalez: Thank you, Chief.
72 July 17, 2003
Chief Timoney: Yes, sir.
Commissioner Regalado: Thank you.
18. DIRECT MANAGER TO WAIVE ALL COMPETITIVE BID PROCEDURES AND
IlVMEDIATELY PROCEED WITH PLAN FOR HEALTH INSURANCE BENEFITS FOR
PART-TIME EMPLOYEES OF CITY, $125,000; DIRECT MANAGER TO BRING BACK
CONTRACT TO IMPLEMENT THIS AS EMERGENCY MEASURE.
Commissioner Regalado: Mr. Chairman, this is an important issue because it has to do with
the lives of many human beings, and on the March 27 Commission meeting, the City of
Miami Commission passed a resolution establishing a working group that would consider
impact of implementing a living wage pay scale for the temporary employees. We had at that
panel Ms. Rosalie Mark, director of Employee Relations, Larry Spring, Chief of Strategic
Planning, Budgeting & Performance, and Bruce Nissen, FIU (Florida International University)
professor, and they met in April 9 and they have been meeting. As a result, the City of Miami
could offer, according to the Manager's report, temporary employees -- current temporary
employees and regular part-timers who have been with the City more 90 consecutive
workdays, a medical benefit packet. Also, they recommend that the City of Miami should
establish a policy change that would promote the transitioning of temporary employees to
permanent classified jobs, and the City of Miami should establish policies that would set
compensation rules for part-time employees. This is not a living wage ordinance, what the
City Manager is recommending, but I think that it's important that our part-timers do have
health coverage. In the United States, the health issue is the major concern for the majority of
the population of this country. Hopefully, I am going to try to work in the next budget
meetings about the living wage, because I think that living wage means that; living wage. The
people need to have a decent way of living. This --I just don't know how people can live with
$7 an hour. I don't understand, and without health insurance. We have like 700 human beings
that do not have the health insurance in the City of Miami, and so I just don't want to delay
anymore this process. I would move that the Manager proceed with the plan for health
insurance, health coverage for the part-timers. This will be a cost of 110,000 to $125,000, but
if there's something that we can offer to the people of Miami, and mind you, those part-timers
are those who really sweat out there in the parks, or in Public Works, or in Solid Waste. I
have never seen a part-timer in an office at MRC (Miami Riverside Center), so I -- you know,
I would move that the Manager immediately implement, at his will, the insurance, and my
only question is when are they going to be insured?
Vice Chairman Teele: Second.
Joe Arriola (City Manager): Commissioner --
Commissioner Sanchez: Second. It's open for discussion?
Chairman Winton: Yes, it is.
Vice Chairman Teele: I'll second this for discussion.
73 July 17, 2003
Chairman Winton: Yes, it's open and second, right.
Mr. Arriola: Let me say this. As you know, Larry Spring has worked extremely hard in the
last couple of weeks getting different quotes and different insurance company to come up with
a plan. He has come up with a reasonable plan. It will cost the City, approximately,
$120,000. I think it's worth every penny of it. What you need to waive now is whether you
want to go ahead and use the company that we have and recommend, if nothing else, for a
period of time, or do we have to go through the process? Now, if we go through the process,
you have to understand that it will take an additional 90 -- 120 days, and you know, this is not
administration. This is procedure that we have to go through. You could waive that, and I
have no problem if you were to instruct me to pick somebody and get this done immediately,
but it's -- we have -- we worked on it. We got the names. We got the people. We even have
a company that I think is very, very reasonable for us, but it's up to you.
Commissioner Regalado: Look, I personally, am just one vote here, but I would urge my
colleagues to direct you to do it immediately, at your decision.
Chairman Winton: Can you bring a resolution back to us in the afternoon?
Mr. Arriola: We probably could, yes, sir.
Chairman Winton: OK.
Mr. Arriola: Absolutely.
Commissioner Regalado: Because, you know, the problem is --
Chairman Winton: We --
Commissioner Regalado: The problem, Johnny, what is happening is --
Chairman Winton: No, we understand.
Commissioner Regalado: Now, in the Parks Department --
Mr. Arriola: I agree.
Commissioner Regalado: -- there are some people, some workers --
Chairman Winton: I know some of them, so --
Commissioner Regalado: -- that say, "Hey, you know what? We heard that we going to get
health coverage from the City. Oh, that's great, you know, because I -- you know, I needed to
go -- I don't have any health insurance. They were talking these three or four weeks ago,
since this thing started and people started to hear. Now, if we wait 120 days and 180 days,
74 July 17, 2003
these people would, you know, be disenchanted. I mean, they would say, "Ah, you know, it's
only talk. We're never going to get this. We're never going to get a raise," and it's unfair to
have so many human beings without health insurance.
Chairman Winton: OK. Commissioner Sanchez.
Commissioner Sanchez: Yes. I just want to ask a question. I'm going to support it as it
stands right now, but I just want to ask the budgetary impact study, what would it have an
impact to the budget? What are we looking at?
Chairman Winton: Hundreds.
Larry Spring: Larry Spring, chief of Strategic Planning, Budgeting & Performance. As we
looked at this in the plan that we've identified, the impact would be approximately 110 to
125,000 a year, annually, to deal with -- and it's approximately 340 individuals that we would
provide this coverage for. As we implement the policy change and start transitioning these
people, the -- that dollar amount would begin to shrink, hopefully, to a point where -- there
would still be an annual impact, I think, probably -- approximately, say, 60,000 annually just
to deal with the part-timers included in the policy change, but it would definitely shrink from
this. This would be the highest amount that we would have to deal with.
Commissioner Sanchez: And I just have one other question.
Chairman Winton: Um-hmm.
Commissioner Sanchez: I know that we have about 400 -- well, 300 to 400 temporary
employees; most of them from Parks, Solid Waste, GSA (General Services Administration) --
Commissioner Regalado: No, we have 700. Joe, the thing is that those without insurance are
like 300 and something.
Mr. Spring: Right.
Commissioner Sanchez: Well, those are the --
Mr. Spring: Oh, no, no, no, no, no. You -- in that number, you'll also have your seasonal
people who would not be covered --
Commissioner Regalado: Oh, OK.
Mr. Spring: -- because they come during the summer. Your --
Commissioner Regalado: OK.
Mr. Spring: -- you know, summer camp counselors.
75 July 17, 2003
Commissioner Sanchez: Look --
Commissioner Regalado: I understand now.
Commissioner Sanchez: -- but, Commissioner Regalado, the reason this came up the light,
and we shine the light on it, was that, you know, you had people that are temporary employees
that were hired by the City --
Chairman Winton: Years ago.
Commissioner Sanchez: -- for a specific project. Then, as time went on, you know, because
of the growing needs of the community, they were taken from that position and put in another,
and they've been in limbo for -- we have some City -- temporary employees that have been in
limbo for twenty -some years, and some of them are about to retire; don't even have any type
of -- and that's why we brought it to light, but I just want to make sure one thing: Are we
covering everyone who does not have insurance? We're not leaving anybody out at -- who
fall within that category?
Mr. Spring: Of the class that we've identified, yes.
Commissioner Sanchez: OK.
Chairman Winton: Any other questions?
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: So -- yes, sir.
Vice Chairman Teele: We voted on this three times. We voted on this during the last budget
hearing. We voted on it about 18 months ago. I cannot understand the reason that it keeps
coming back. Indeed, the -- there was a discussion about this item. There is no reason to beat
this up. I mean, there is a whole series of issues that we've got to bring and make right. It
makes no sense -- because what we're talking about are the people who are least able to afford
it, you know, and it -- we start dealing with everybody's 401k's and this, and that, and you
know, we pass out -- you could take the top five administrators and we spend more than this in
their benefits, and we're talking about a hundred people.
Chairman Winton: More than that.
Commissioner Regalado: Three hundred.
Chairman Winton: Yeah, 300.
Vice Chairman Teele: And 125,000 is the --
Chairman Winton: Yes, a hundred --
76 July 17, 2003
Mr. Spring: Would be the maximum.
Chairman Winton: -- 110 to 125.
Vice Chairman Teele: Annually? Fully --
Mr. Spring: Annually.
Chairman Winton: Correct.
Vice Chairman Teele: -- amortized.
Mr. Spring: Right now, yes.
Vice Chairman Teele: And I think, you know, it is the right thing to do, and you cannot have
people that you're employing, especially year after year. Now, this doesn't get to the part --
the permanent/part-time, does it?
Commissioner Regalado: It doesn't. It only recommends that the Manager keeps
implementing those, but you know, Art, I'm not going to -- I just don't want to say, Mr.
Manager, come back with a comprehensive plan, because these people do need health
insurance right away. You know what I mean?
Commissioner Sanchez: Well, we could do that on a four -fifth vote, and decide -- if they want
to bring it back this afternoon --
Chairman Winton: That's why I suggested --
Commissioner Sanchez: -- on a four -fifth vote --
Chairman Winton: -- bring back a resolution.
Commissioner Sanchez: -- to vote for it --
Commissioner Regalado: No, no, no, no, no. Joe, I'm talking about what -- Commissioner
Teele is saying that to incorporate the part-timers at full-time.
Commissioner Sanchez: OK.
Commissioner Regalado: This will take time.
Chairman Winton: Correct.
Commissioner Regalado: What I'm saying is let's do the health insurance right now.
77 July 17, 2003
Commissioner Sanchez: Well, let's put a closure to this. Let's go ahead and -- you made a
motion and Commissioner Teele --
Commissioner Regalado: I make a motion --
Commissioner Sanchez: --second it.
Commissioner Regalado: -- that the Manager will be directed to implement, immediately --
Commissioner Sanchez: No.
Commissioner Regalado: -- waiving all procedures to provide health insurance to the part-
timers that would qualify after the review of the living wage working group.
Chairman Winton: Mr. City --
Vice Chairman Teele: Second the motion. What are we doing different from the motion?
Mr. Attorney, if I may, through the Chair, what do we need to do from your --
Chairman Winton: Right.
Vice Chairman Teele: -- point of view to legislatively bring this part of it to closure, assuming
the Manager has no objections?
Alejandro Vilarello (City Attorney): We will bring back this afternoon -- the Manager's
already discussed it with me -- a declaration by the Manager, with an emergency, which --
waiving competitive bids, awarding the contract. It has to be approved by a four-fifths vote,
and we can have it for you this afternoon.
Chairman Winton: So, it seems to me we -- we'll just -- you --
Commissioner Sanchez: So, we don't need to vote on this.
Chairman Winton: Yeah, we'll hold your motion off --
Commissioner Sanchez: Withdraw your motion.
Chairman Winton: -- because they'll bring back --
Commissioner Regalado: No. We need to vote on this one.
Vice Chairman Teele: Well, it's a sense, it's a sense, it's a sense.
Commissioner Regalado: No. We need --
Vice Chairman Teele: It doesn't --
78 July 17, 2003
Commissioner Regalado: -- to vote on this one, so he can bring the other one.
Vice Chairman Teele: It's a sense.
Chairman Winton: OK, fine.
Vice Chairman Teele: This is nothing but a sense.
Commissioner Sanchez: All right.
Chairman Winton: OK. Any other discussion on this? 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. 03-770
A MOTION DIRECTING THE CITY MANAGER TO WAIVE ALL
COMPETITIVE BID PROCEDURES AND IMMEDIATELY PROCEED
WITH A PLAN FOR HEALTH INSURANCE BENEFITS FOR PART-TIME
EMPLOYEES OF THE CITY OF MIAMI, AT A COST NOT TO EXCEED
$125,000; FURTHER DIRECTING THE MANAGER TO BRING BACK A
CONTRACT TO IMPLEMENT THIS AS AN EMERGENCY MEASURE.
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, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: Mr. Chairman, there --
Chairman Winton: Yes, sir.
Vice Chairman Teele: -- may be someone from the audience that wanted --
79 July 17, 2003
Chairman Winton: Right.
Vice Chairman Teele: -- to say something; I don't know how, but I think we should just give
somebody two minutes, three minutes, if --
Commissioner Regalado: But it is -- I just want to say that it's because of the living wage
group that I have been working on this for several months. It's because of you -- and I met
with you many months ago, and I realize -- you know, I knew that something wrong was
going on when you have the part-timers working 27 years, and she has to retire because of age
and been ill, and she doesn't take home nothing; no health insurance, no retirement, no
nothing, after making $7 an hour for 27 years. It's something that really hurts you because, I
mean, you given your life; you don't get nothing in return, so --
Chairman Winton: OK.
Commissioner Regalado: -- I just want to thank you.
Chairman Winton: Yes, sir, you're going to --
Commissioner Regalado: It's not enough.
Chairman Winton: --comment?
John Ise: Yes. My name --
Chairman Winton: Your name and address, please.
Mr. Ise: -- is John Ise, 11389 Northeast 8th Avenue, and on behalf -- I'm a volunteer with the
Living Wage Coalition, and these are all volunteers here who are taking the day off or the
morning off to be here in support of this motion, and we'd like to thank Commissioner
Regalado, and thank the Mayor, and thank all of the Commissioners for taking this first step of
what we hope is a series of successive steps towards a full living wage law for all the
employees of the City of Miami, as well as those contracted workers, private firms that have
significant contracts with the City. There -- Miami -Dade County, as you all know, has a
living wage law. The City of Miami Beach has a living wage law. Broward County has a
living wage law, and there's seven other cities in South Florida who are considering living
wage laws, and we just encourage the Commission to not stop here, but actually keep this
process moving forward to the creation of an ordinance that will encompass all the workers
with the City, and the City setting the standard for the rest of the community. There's over a
hundred different communities, municipalities and cities in the United States that have living
wage on the books; not a single one of them has been repealed due to negative cost impacts,
and we just -- we hope that the city that has real issues with working poverty will keep the ball
moving forward. Thank you.
Chairman Winton: Thank you.
80 July 17, 2003
Commissioner Regalado: Thank you.
19. AMEND RESOLUTION NO. 01-477, INCREASING CONTRACT WITH MORLIC
ENGINEERING CORPORATION, $65,000, FROM $1,363,564.05 TO $1,428,564.05, TO
COVER COSTS OF ADDITIONAL SERVICES REQUIRED FOR PROJECT ENTITLED
"ROADS AREA STREET/STORM SEWER PROJECT, B-5605;" ALLOCATE FUNDS FROM
CAPITAL IMPROVEMENT PROJECT AND RATIFY, APPROVE AND CONFIRM
MANAGER'S FINDING OF EMERGENCY
Chairman Winton: OK. We're going to take up Item Number 15 and get it passed, and then
we're going to go to a blue page item for Commissioner Sanchez.
Commissioner Gonzalez: Move Item 15, Mr. Chairman.
Commissioner Sanchez: Second.
Chairman Winton: We got a motion and a second on 15. Any further -- any 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. 03-771
A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
RESOLUTION NO. 01-477, ADOPTED MAY 24, 2001, INCREASING THE
CONTRACT WITH MORLIC ENGINEERING CORPORATION, IN AN
AMOUNT NOT TO EXCEED $65,000, FROM $1,363,564.05 TO
$1,428,564.05, TO COVER COSTS OF ADDITIONAL SERVICES REQUIRED
FOR THE PROJECT ENTITLED "ROADS AREA STREET/STORM SEWER
PROJECT, B-5605;" ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT NO. 352279, AND BY A FOUR-FIFTHS (4/5THS)
AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING OF AN EMERGENCY.
81 July 17, 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.
20. DIRECT MANAGER, CITY ATTORNEY AND ADMINISTRATION TO MEET WITH
CUBAN MUSEUM, E MUSEO DE LOS BALSEROS AND BRIGADE 2506 TO NEGOTIATE
AGREEMENT FOR USE OF CITY OWNED PROPERTY AT N.W. 27TH AVENUE AND
N.W. 2ND STREET; STIPULATE THAT SAID GROUPS ARE TO MAKE CAPITAL
IMPROVEMENTS TO SAID PROPERTY AT THEIR OWN COST.
Chairman Winton: Commissioner Sanchez, you have people here on one of your blue page
items.
Commissioner Sanchez: Thank you, Mr. Chairman, for deviating from the order of the day. I do
have two individuals here representing both the Cuban Museum and the Museo de los Balseros,
and as you can recall, I had made a resolution not long ago trying to find an establishment for the
Cuban Museum, and I resented [SIC] that in a resolution and withdrew it. We found a better
location, which is an old fire house on 27th Avenue and Northwest 2nd Street. It's right now
being utilized as a storage facility for Parks and Recreation. The property, although it belonging
to the City, it is in dire need of repairs, and we have sat down with both organizations, the Cuban
Museum and the Museo de los Balseros, which is two organizations that really would show the
history, not only of Cuban arts, but also the Exodus of different eras of people fleeing Cuba to
come to the United States. These two organizations are great organizations. They're looking for
an establishment, and as a big promoter of arts and cultural entertainment, that facility would --
they both have toured it, and they both have seen it, and they're both very interested in it. Well, I
would like to make a motion, would be to have Asset Management meet with both of these
organizations, along with the City Manager and the Attorney, and work out an agreeable --
agreement to utilize that facility. However, they both are very aware that any capital
improvement to the facility will be done by both parties. In other words, the City will enter an
agreement as to -- whatever the agreement may be -- as to the rental of the property, and then, of
course, they both have agreed that they would fund -raise and, and I believe one of the
organizations already has "X" amount of dollars to put into repairs into that facility, which is
very, very needed, so that would be my motion, directing Asset Management to sit down with
both organizations, along with the City Manager and Legal, to work out an agreement with both
of those organizations, so moved.
Chairman Winton: We have a motion.
82 July 17, 2003
Commissioner Regalado: Second.
Commissioner Gonzalez: second --
Chairman Winton: Second.
Commissioner Gonzalez: -- for discussion.
Chairman Winton: Discussion. Yes, sir.
Commissioner Regalado: Discussion.
Commissioner Gonzalez: Yes.
Chairman Winton: Commissioner Gonzalez.
Commissioner Gonzalez: I would just -- I would like to inform you, Commissioner Sanchez,
that I have been approached by Brigade 2506. Brigade 2506 is having a serious, serious problem
with their museum, and I don't know, Commissioner Regalado, if you're aware of it; that they
had some parking accessibility that now they have lost it. They have no parking, and they own
the property where the museum is at, and they talk to me about the possibility of becoming part
of this group that is going to -- and since they're going to be selling the property that they own
now, they will probably have money to expand this facility, and I just want to leave a door open
for you to --
Chairman Winton: That'd be good.
Commissioner Gonzalez: -- maybe negotiate with the Brigade 2506 and have them --
Chairman Winton: Good idea.
Commissioner Gonzalez: -- meet with them and work together, because -- as a matter of fact,
Arturo Cobo, who's the person in charge of the Cuban Raft Association, he's also a member of
Brigade 2506, so I'm sure that Arturo Cobo would be more than happy to meet with this group,
and maybe, you know, all three of them could get together. The Brigade 2506 will have the
money to do whatever improvements and maybe expand the facility and everybody will
accommodated at one place. That's just a thought that I want you to know what's going on and --
Commissioner Sanchez: Point well taken. I would amend the motion to include Brigade 2506. I
don't believe the facility's that big, but if they all agree to work together and find a comparable
solution, I think they all fall within the scope of what we want to accomplish here, so I don't have
a problem with that whatsoever.
Commissioner Gonzalez: They are also 501(c)3, by the way.
83 July 17, 2003
Commissioner Sanchez: As long as --
Chairman Winton: Yeah.
Commissioner Sanchez: -- they agree that, you know, they will have to put capital
improvements towards the facility.
Chairman Winton: Commissioner Regalado.
Commissioner Regalado: I always support all the steps that we take. You know, when we
wanted to move the old Miami High bungalow, I was very enthusiastic about. I have always
given support to the Black Police Officers and Museum, so I think the City should support, in
full, this project. I will support, but I would ask Asset Management that do not consider these
groups as a commercial entity. These people are volunteers, all of them. They do not have
money because, you know, all of a sudden, we're going to hear that they're asking $3,000 in rent
for one week, or something like that. This is a cultural venture of the City of Miami, and the
other thing, we have historic money, and yes, I will support that they have to do all the repairs
after they take over, but there is a major problem with the roof of that structure --
Commissioner Gonzalez: Yeah.
Commissioner Regalado: -- and the City should use historic funds to fix the roof before they
enter with an agreement, because if not, you know, we're going to have the same stories. They're
going to need certain amount of money to start to do all the interior, to do the shows that they
want to do, to accommodate the different entities, but if they have to fix the roof, they're going to
have to be fundraising for two or three years.
Joe Arriola (City Manager): No. Commissioner Regalado, I've had conversation with both
groups. They're very advanced in their fundraising. They have capital money. I showed them
the facilities. We went through the facility, and they -- we don't have a problem with the facility.
If, at any other time, you want to work on some sort of grant for them, be fine, but the last thing I
want to do is get involved in fixing a roof and then turning over the property. Let them fix the
property, do whatever, and then, if they need financial help, I'll be -- you know, we'll be
delighted to look at it, but we're not -- we don't do a very good job in going out and fixing roofs,
unfortunately, sir. Let them hire the people. They've got volunteers. They got the money. I've
gone through this with them. They're more than willing to do this thing, and if you want to bring
this on a grant basis and give them the money for it, it's great. Otherwise, we're going to be
talking about this museum two years from now.
Commissioner Regalado: No, no. I'm just saying, if we had money for the Miami High
bungalow, we should have money for this, too. That's all I'm saying.
Chairman Winton: OK. Any other discussion on this?
Commissioner Gonzalez: No.
84 July 17, 2003
Commissioner Sanchez: Call the question.
Chairman Winton: We got a motion and a second. 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:
MOTION NO. 03-772
A MOTION DIRECTING THE CITY MANAGER, CITY ATTORNEY AND
THE ADMINISTRATION TO MEET WITH THE CUBAN MUSEUM, THE
MUSEO DE LOS BALSEROS AND BRIGADE 2506 TO NEGOTIATE AN
AGREEMENT FOR USE OF CITY OWNED PROPERTY AT N.W. 27TH
AVENUE AND N.W. 2ND STREET; FURTHER STIPULATING THAT SAID
GROUPS ARE TO MAKE CAPITAL IMPROVEMENTS TO SAID
PROPERTY AT THEIR OWN COST.
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.
21. AUTHORIZE MANAGER TO WAIVE CITY FEES, $1,813.00, FOR CARNIVAL
INDEPENDENCIA DE CENTROAMERICA Y MEXICO FOR THEIR SEPTEMBER 14, 2003
COMMUNITY EVENT ON S.W. 1sT STREET BETWEEN 12TH AND 17TH AVENUE;
MANAGER TO REVIEW SPECIAL EVENTS ACCOUNT AND BRING BACK
RECOMMENDATION ON FAIR DISTRIBUTION OF BALANCE OF FUNDS IN
ACCOUNT.
Chairman Winton: Commissioner Sanchez, did you have one other, or was that -- that was your
Commissioner Sanchez: No. Yeah, we --
Chairman Winton: -- blue page item?
85 July 17, 2003
Commissioner Sanchez: -- well, we could do the rest, unless there's somebody here from
Centroamericano Mexico -- y Mexico.
Chairman Winton: OK, 19.
Commissioner Sanchez: You are? Well, yeah, they're here. You're here -- we have a
representatives of the Carnival Independencia De Centroamerica Y Mexico requesting City
support for September 14 --
Chairman Winton: Hold on, Joe. Commissioner Regalado --
Commissioner Regalado: Yeah.
Chairman Winton: -- 3 o'clock? 3 o'clock return, is that OK?
Commissioner Regalado: (INAUDIBLE).
Chairman Winton: OK. Yes, sir. I'm sorry.
Commissioner Sanchez: Yes. We have representatives of the Carnival Independencia De
Centroamerica YMexico requesting City support for a September 14, 2003, community event on
Southwest 1st Street, between 12th Avenue and 17th Avenue. This is an event that has been held
for the last couple of years, and I would like to turn over the floor to you, sir, so you could --
please state your name for the record.
Eddi Rodriguez: Eddi Rodriguez
Chairman Winton: Need your address, too, please.
Mr. Rodriguez: I'm sorry?
Chairman Winton: Address.
Mr. Rodriguez: At 2441 Northwest 93rd Avenue, Suite 102, Miami. I am the director -organizer
of Celebration Entity Independence Day Centroamerican Mexico. This event started in 1996 and
it went out to the street in 1999. We do it as a nonprofit, free-for-all cultural event, and we do
mainly, like I said, cultural presentations. We have people coming in from all over the United
States and all over Latin America. This year, you know, we will continue having the event on
Northwest 7th Street and 22nd Avenue. We were thinking about moving it to 1st Street, but
taking into consideration that -- in memory of Luis Sabines, which was our grand marshal when
we started the event, we will continue having it in that neighborhood because it's been
established. The event, like I said, is a cultural event. Over and above that, this year we'll have
Ltd. Networks, which is a nationwide television cable station coming on board; will be televising
the whole event, and what we'll do, if possible, a live, and if not possible, a canned product that
will air all over to the United States cable systems for the September, October, and November,
86 July 17, 2003
telling the people -- the Latinos of the United States and the American people of the United
States that the event does exists. Like I said, the only purpose of the event is to get all the Latino
cultural groups together and give them a good time, celebrate the Independence Day, and at the
same token, publicize the City of Miami.
Commissioner Sanchez: Mr. Chairman, do we have someone from the Special Events office
here? OK, you do.
Major Craig McQueen: Major McQueen, Central District. I have Officer Bej ar from the Special
Events. We have the proposal regarding the cost for the event, and just to make sure that the
event -- is going to be in the same location as it was last year, 7th Street, between 18th Avenue
and 22nd Avenue, and we have the figures regarding the times and the amount regarding the
event, and just to let you know, this was a successful event last year, and I'll have Officer Bejar
speak on it. There was no problems at the event.
Commissioner Sanchez: There were no problems at that event?
Major McQueen: No.
Commissioner Sanchez: OK. Is Michelle Spence or Robert Parente here? Because they're
basically saying that there's a special event -- claims that there's no money in the funds.
Chairman Winton: Well --
Commissioner Sanchez: What I --
Chairman Winton: -- we've only been saying that for two moons.
Commissioner Sanchez: I know. Well, all that I'm going to ask is that the applicable waives that
are --
Vice Chairman Teele: How much are you asking for?
Commissioner Sanchez: How much are you asking for, sir?
Mr. Rodriguez: Last year, the City of Miami helped us with the Fire Department and the Solid
Waste Department, plus waived to be City fees. This year, we're asking for the same and maybe
the possibility of giving us a hand with the Police Department. Like I said, this event is a non-
profit. The only way we make money is through the sponsors, and everything that comes in is
given out in scholarship for underprivileged kids here in South Florida, which we should have. I
have some papers here, if the Commissioners want --
Commissioner Sanchez: Well, you --
Mr. Rodriguez: -- to have them.
87 July 17, 2003
Commissioner Sanchez: Please give one to the Clerk, and then, if you want to pass it out, pass it
out, but let me just say that I'm prepared to make a motion to waive the applicable fees that could
be waived, and then what I would last add, I would -- I want to direct the City Manager to have
Larry Spring review the account to finish the summer events that they have planned out, and as
of the new fiscal year budget, to come back and see if there's any money left over in that account.
If there is, that it go towards this project. If it's not, it's fine; it's closed out, but you know, I think
that one uniform process is implemented for everyone on that, so if you could come back and
audit that and see if there's any money left over, because I -- looking at the numbers, I could see
that possibly there may be some money left over. If not, we'll just waive what we usually waive
here towards this event.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Which -- yes.
Vice Chairman Teele: I'm in support of what Commissioner Sanchez is suggesting. However, I
think it's important that we get a document before us today. We normally have a list of waivable
fees from nonwaivable fees, and we need to know how much we're waiving because the
waivable fees hit the budget of those various departments, in-kind, and we normally have limited
that to some amount of money. At the end of the day, what we're really talking about -- and this
is the frustration that I have -- at the end of the day, what we're really talking about is providing a
grant, but it's really a misnomer because the grant we're paying -- we're providing is a grant to
the City, although it goes to the entity and it pays for certain services, so again, I don't know
where the breakdown is occurring. What are you reading from?
Chairman Winton: Just got that. That was just handed tome.
Vice Chairman Teele: Why did you get it and I didn't get it?
Chairman Winton: I don't know.
Commissioner Sanchez: Well, Commissioner Teele --
Chairman Winton: I think you did. I think --
Commissioner Sanchez: -- if we would have had someone from the Mayor's Office -- Michelle's
walking down the stairs. Maybe she could join us. They usually provide that information as to
the waivable fees.
Vice Chairman Teele: No, but there's a budget person, Blanco or somebody, who's --
Commissioner Sanchez: She's no longer there, that's my understanding. She's been moved to
another department. Hello, Michelle.
Michelle Spence (Special Events, Mayor's Office): What was the question?
88 July 17, 2003
Commissioner Sanchez: Hello, Michelle.
Michelle Spence: Hello.
Vice Chairman Teele: Good morning.
Ms. Spence: The request was for City services. That's what the request is for.
Commissioner Sanchez: Yeah, but Michelle, you stated there's no money.
Ms. Spence: Right, exactly.
Commissioner Sanchez: I mean, if the account -- if there's no money in the account, there's no
money in the account.
Ms. Spence: Exactly.
Commissioner Sanchez: I could accept that. Now, the waivable fees that we could waive, what
could be the waivable fees that we could --
Chairman Winton: If they're right, it's $1,813; is that not correct?
Ms. Spence: Right, but to my understanding, what we were trying to do, which is -- I had a
conversation with Teresita prior to this coming up -- was to have a further conversation with
Larry to go through it to make sure we were all on the same page, so there's two different --
Commissioner Sanchez: Let's simplify this. Let's go ahead and simplify this. I move that we
waive the, what is it, the 18 --
Chairman Winton: $1,813.
Commissioner Sanchez: Right, so moved.
Vice Chairman Teele: Second.
Commissioner Gonzalez: 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.
89 July 17, 2003
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 03-773
A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE CITY FEES,
IN THE AMOUNT OF $1,813.00, FOR THE CARNIVAL INDEPENDENCIA
DE CENTROAMERICA Y MEXICO FOR THEIR SEPTEMBER 14, 2003
COMMUNITY EVENT ON S.W. 1sT STREET BETWEEN 12TH AND 17TH
AVENUE; FURTHER DIRECTING THE CITY MANAGER TO REVIEW THE
SPECIAL EVENTS ACCOUNT AND BRING BACK A RECOMMENDATION
ON FAIR DISTRIBUTION OF BALANCE OF FUNDS IN THE ACCOUNT
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, Jr.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Sanchez: I have another motion now, and that motion would be to direct, once
again, the City Manager to have Larry Spring to review those accounts and to finish out all the
summer events -- he's willing to talk about it now? OK, Larry.
Joe Arriola (City Manager): He's just very efficient.
Commissioner Sanchez: He is.
Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Larry Spring --
Commissioner Sanchez: He's very efficient.
Mr. Spring: -- Chief of Strategic Planning, Budgeting & Performance. As of June 30, we've
done an update of our analysis, and the position that we held in the last month's meeting is the
same. We have -- the money has been completely appropriated and there's nothing left at this
point. Once we get through the summer events, if people don't use as much as they say they
were going to use, we can come back, but like you said, after. It would be after the -- much, you
know, after the fact, but right now, the money is not there.
Vice Chairman Teele: I'm confused.
Chairman Winton: Well, I'm not.
90 July 17, 2003
Vice Chairman Teele: No, no, no, no, no.
Commissioner Sanchez: Listen, if we don't have the money --
Vice Chairman Teele: I thought we moved $50,000.
Mr. Spring: That 50 was to cover the deficit, the projected deficit that was remaining.
Vice Chairman Teele: When you passed it out, there was no deficit. When you passed out the
numbers --
Mr. Spring: That was the discussion from the mid -year appropriation, and it is disclosed that
way, sir.
Vice Chairman Teele: You just made a statement I didn't understand.
Mr. Spring: OK.
Vice Chairman Teele: What is the summer activities that you just said?
Mr. Spring: There's some events that are -- have yet to occur.
Chairman Winton: That got funded?
Vice Chairman Teele: When did we approve those?
Mr. Spring: Couple of months ago, at this point.
Vice Chairman Teele: Can I see a list of those?
Mr. Spring: I can have one for you at the lunch break and prepare it for you. I have it on my
computer right now.
Chairman Winton: OK. Any other questions?
Commissioner Sanchez: No, but I -- you know, once again, if after the summer events, for
whatever reason there's money left over, I -- you know, I would make a motion it go towards this
event.
Chairman Winton: Well, I tell you, Joe, you know, I have nothing against this event at all. I
mean, it's a good event, but there have been -- and none of them in my district, by the way -- but
there have been five, or six, or seven groups that were before us over the course of the last two
months that we told no to in this order of sequence, and so I'm a little nervous about kind of
jumping ahead of all of them and saying that just by virtue of some timing mechanism,
somebody else gets that and we've already told them no --
91 July 17, 2003
Commissioner Sanchez: Johnny.
Chairman Winton: -- and none of them in my district.
Commissioner Sanchez: I could accept that. That's reasonable and fair, but we have to have a
standardized process which fairness to everyone, OK, and that's been the concern of every
Commissioner on this dais, that you're going to have organizations that will come forward, OK,
and ask for money every year, and they'll be popping out of the woodworks because we give
money out, so my thing is, I continue to push to get this process that we're establishing as
quickly as possible where, you know, when it comes to us, it's for final approval, and through the
-- whatever board and entertainment committee, whatever, so there has to be a fair process.
Because you know what happens? They've been doing this event for three years now and they
got left out, and they're a great organization. You're right, there were other organizations that
came forward; they didn't get the money, and what's fair for one person, is fair for all, so I -- you
know, I'm the kind of person that when I'm wrong, I put a period and I don't continue, but when I
think that I'm right and I have the facts, I will continue to argue the fact, so I accept that. I just
want to establish that we do have a fair process, where the entire community, when you have
events, everyone's entitled to apply for it. There is a process of fairness, and you know, I agree
with you; we need to start cutting back on all these organizations that we're giving a lot of money
to, and every year they come in and they're asking for more and more and more money. Well,
we should kick start them, get them to start, promote them to go out and get sponsorships on
their own, even though the economy's pretty bad and I could accept that and understand that, but
you know, we start taking money away from them and we get them to do it on their own because
at the end of the day, you're going to have organizations, such as this great organization, that isn't
going to get the money.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes.
Vice Chairman Teele: I think we're mixing a lot of apples and a lot of oranges here. We all talk
about what's fair, and fair, I guess, is the organizations that I'm concerned about receiving
consideration, as well as everyone else's, but we start from our point of view. It is absolutely not
fair, no matter how you cut it -- if this is about Mexico and Central America having an event in
the City of Miami, in the streets, in the parks not receiving support -- because the money is not
going to them. The money is going to pay for the City services, and that's very, very -- that's a
very important distinction to make between someone who is getting money to put on an event in
the community versus someone who's being -- receiving money for a promotional support to put
on something at a venue, such as Bayfront Park. That's not to say one is worse than the other or
one is better, but I do think if we're committed to neighborhoods, if we're committed to, you
know, the community revitalization, Miami is symbolic and synonymous with diversity and
culture, and it's one of the prices we have to pay. We talk about saluting our diversity. We talk
about celebrating diversity, and there's no better way to do that than, A, in the community, and
that's why -- I'll happen not to be here -- but when Roots and Culture, OK, was -- got zero dollars
for an event that they've always gotten in the community -- we spend hundreds of thousands of
92 July 17, 2003
dollars -- you know this, Joe -- to put on events at Bayfront Trust, and I got to tell you
something. There's not one event, not one event at Bayfront Trust, in my mind, that's a Haitian
event that deserves more support than an event in the Haitian community. Because I think there
is a little bit of arrogance when you feel like you've got to go to the big house or downtown to
have an event, as opposed to revitalizing and celebrating, and the kinds of things that everybody
talks about, the amount of vendors that are going to be going to the merchants in that area on 7th
-- Northwest 7th Street, not in my district, but I can see that, and I can see that if we are here --
this is not about money going to the organization, per se, in the context we're talking about right
now. This is talking about money going in support of celebrating that diversity, celebrating that
culture, and the revitalization or the economic stability, so I'm not sure how we come out on this
because at the end of the day, Johnny, it's about money, and -- but I do think we need to look at
these budgets and see if there are budgets that are going to be way over this year and talk about
reprogramming some of the various budgets. I don't know.
Chairman Winton: Well, I think, at minimum, Mr. Manager, we need the plan that we've all
talked about for two years. You haven't been there the whole two years, but whatever time
you've been here, we've talked about this plan. We -- if you bring us a recommended plan, at
least that's a platform from which we can begin a dialogue about how we're going to deal with
this issue in an organized and fair fashion from this point on, so when can we count on getting
that plan, the recommended plan coming before the Commission?
Ms. Spence: Michelle Spence, sorry, Special Events Office, Mayor's. The actual plan will be
available at the next City Commission meeting. We'll roll out --
Chairman Winton: Next week?
Ms. Spence: -- introduce it. Yeah, um-hmm.
Chairman Winton: OK.
Ms. Spence: It's on the agenda for next week.
Chairman Winton: Good. OK. Thank you.
Commissioner Sanchez: Now, could you --
Chairman Winton: Do we --
Commissioner Sanchez: -- get with them and brief them on the process?
Ms. Spence: Yes.
Chairman Winton: OK. Anything else?
Vice Chairman Teele: Mr. Manager -- between Larry and the Manager, I want a budget analyst
designated who's dealing with special events, because I'm going to tell you something. We need
93 July 17, 2003
to make sure that the numbers are what we're saying they are, and I want a person who is
responsible to a budget person on that because somewhere along the line, I'm losing -- Larry, I
don't -- I'm not taking -- but you did not say in that meeting that the $50,000 was for a deficit. In
fact, the Manager used the term "replenish," so I'm very, very confused about that budget
amendment that was done. That was the term the Manager used.
Commissioner Gonzalez: Mr. Chairman.
Chairman Winton: OK
Vice Chairman Teele: You can check with the Clerk.
Chairman Winton: OK. OK.
Commissioner Gonzalez: May I?
Chairman Winton: Yes, sir, briefly.
Commissioner Gonzalez: Yes. I just want to add something. Honestly, what I would like to see
is, I would like to see at the beginning of the year what the budget is for special events and for all
of these events, and how -- we got to make this a shared distribution or a fair distribution of the
monies for each and every community, because I don't know how much money we had in the
special event last year. I believe that I heard that it was something like $500,000, right?
Mr. Arriola: Yes.
Commissioner Gonzalez: All I requested --
Mr. Arriola: Yes.
Commissioner Gonzalez: All I have requested for two consecutive years that I have been a
Commissioner is $14,000 one year for League Against Cancer and 24,000 for League Against
Cancer, OK, and people in my district also have the right to have a festival, to bring bands, to
have, you know, dance, and to have fire works, and to have whatever, and I haven't touched a
penny from that fund; just for these two causes because they take care of sick people and people
that don't have resources to have a cure of their illness, so what I would like to see for next year
is how -- you know, we need to establish some type of system --
Mr. Arriola: Sure.
Commissioner Gonzalez: -- that, you know, if we're going to have event -- if we're going to have
festivals --
Chairman Winton: But --
Commissioner Gonzalez: -- let's everybody have festivals.
94 July 17, 2003
Chairman Winton: -- that's what they're bringing to us at the next Commission Meeting --
Mr. Arriola: Yeah, we'll bring it.
Chairman Winton: -- is a recommended plan that we will all debate and make whatever changes
we want. Any other issue on this?
Vice Chairman Teele: One point --
Mr. Arriola: If you --
Vice Chairman Teele: -- I want to make very clear, Mr. Manager, because I'm hearing what
Commissioner Gonzalez said. We have got to have some categories. We cannot just treat this --
Mr. Arriola: Yes.
Vice Chairman Teele: -- as a one -size -fits -all.
Mr. Spring: Right.
Vice Chairman Teele: There's got to be major events; Calle Ocho, Martin Luther King, Marti. I
think we all will agree on it --
Commissioner Gonzalez: That's right.
Vice Chairman Teele: --if you get down to it, but there are major events --
Chairman Winton: Right.
Vice Chairman Teele: -- and then there are community events and --
Chairman Winton: Neighborhoods.
Vice Chairman Teele: -- what is happening is the community events are getting the short shrift
because number one, they're coming out of the community. There're people who are just doing
this part time. There's nobody getting a salary, and the community events have got to get --
those are the events that are not held at Bayfront Park, not held at the Miami Arena, not held at
the dah, dah, dah. We've got to have that category, and then we've got to have the category
because right now -- the category that we spend all the attention to -- because right now, the
money is going to those so-called signature events in these major venues.
Chairman Winton: We will debate this at the next Commission meeting.
Mr. Arriola: OK.
95 July 17, 2003
Chairman Winton: They're bringing a plan to us, and we will debate it at the next Commission
meeting. There is no further discussion on this item.
Mr. Arriola: Yes, sir.
22. AUTHORIZE MANAGER TO WAIVE EXPENSES, $450, FOR USE OF MANUEL
ARTIME THEATER FOR EVENT SPONSORED BY CIRCULO LIRICO DE LA OPERA
FOR THEIR COMMUNITY OPERA PERFORMANCE SCHEDULED FOR OCTOBER 18,
2003; REQUEST THAT SAID GROUP BE CONSIDERED FOR FUNDING FROM SPECIAL
EVENTS ACCOUNT FOR NEXT FISCAL YEAR.
Chairman Winton: Now, we're going to move to Item Number 19.
Commissioner Sanchez: No. Can we do just the last one -- it's a very simple one -- on my blue?
Chairman Winton: OK.
Commissioner Sanchez: And it's --
Chairman Winton: Yes.
Commissioner Sanchez: -- basically representatives of the Circulo Lirico de la Opera. Are they
here? Could you step up, please? They're asking for a waiver of Manuel Artime Theater
expenses for September 27, 2003, which is a community opera performance. The Artime is
supporting and so is the Administration. I think it's like $300? I mean, is that going to break our
budget?
Chairman Winton: We ought to have the number from -- I mean, why don't -- do we have the
numbers?
Michele Spence (Special Events, Mayor's Office): Actually --
Commissioner Sanchez: Christina's there. She could answer the question.
Christina Abrams (Director, Public Facilities): The event of the Manuel Artime usually runs in
the area between 450 to $550.
Commissioner Sanchez: OK.
Chairman Winton: I don't understand what that means.
Ms. Abrams: That means --
Chairman Winton: You mean, that's for the rental?
Ms. Abrams: -- the rental of the theater.
96 July 17, 2003
Chairman Winton: OK.
Commissioner Sanchez: It's $450, Johnny.
Chairman Winton: And --
Lelo del Campo: And the insurance, too.
Chairman Winton: And do you --
Commissioner Sanchez: Well --
Mr. del Campo: The insurance is around 200.
Commissioner Sanchez: No, we don't waive the insurance.
Mr. del Campo: It's another thing, yeah.
Commissioner Sanchez: Yeah, we don't waive the insurance.
Mr. del Campo: Yeah, I know.
Commissioner Sanchez: I'm prepared to make a motion to waive the fees for --
Commissioner Gonzalez: Second.
Commissioner Sanchez: -- the use of the Artime Center. I think the -- Christina, do you have a
problem with that?
Chairman Winton: Well, who else do we waive the fees for? Do we waive the fees for
everybody that -- every not-for-profit group that comes to Artime? Do we waive the fees for
them, the rental fee? I'm asking.
Commissioner Sanchez: Go ahead.
Chairman Winton: Could you come --
Commissioner Sanchez: Hey, the mike isn't going to bite you.
Ms. Abrams: Christina Abrams, Director of Public Facilities. No, we don't usually -- and I don't
know of a case we rent the -- waive the fee for the rental of the facility. I mean, this is a very
worthwhile organization and they, from --
Chairman Winton: They all are.
97 July 17, 2003
Ms. Abrams: -- what I understand, provide quality opera, and this is a great candidate, in my
opinion, for the Special Event fund. I would like to find another way to do it because we'd like
that kind of event, but we don't normally waive fees.
Commissioner Sanchez: Which -- how -- which other way we could do it?
Ms. Abrams: Well, maybe looking at if there are any funds in the Special Event fund --
Chairman Winton: Well, there isn't any funds --
Commissioner Sanchez: There isn't any.
Ms. Abrams: -- or they just happen to be --
Chairman Winton: -- in the Special Event fund.
Ms. Abrams: Is the event after -- before October P
Commissioner Sanchez: Yeah.
Mr. del Campo: October --
Commissioner Sanchez: September 27.
Mr. del Campo: -- 18.
Ms. Abrams: Since the event is October 18 and there will be a new allocation of funding, maybe
be --
Chairman Winton: Wait. Which --
Ms. Abrams: -- considered as a candidate for that event.
Chairman Winton: When is it, the 27th --
Commissioner Gonzalez: Twenty Seventh.
Chairman Winton: -- or October 18?
Commissioner Sanchez: September 27.
Mr. del Campo: October 18, sorry.
Commissioner Sanchez: Oh, you changed the date?
Mr. del Campo: We changed --
98 July 17, 2003
Chairman Winton: OK.
Mr. del Campo: -- the date.
Commissioner Gonzalez: October 18, and we're going to do it for next year.
Ms. Abrams: And it's a relatively small amount for a very quality event, and that's the type of
event that we would like to see, and it is a cultural event; it's an opera.
Commissioner Gonzalez: Is the motion to (INAUDIBLE)?
Mr. del Campo: That's another thing that we like to talk.
Commissioner Gonzalez: Considered as part of the budget.
Commissioner Sanchez: I would make a motion to have it considered as part of the next year's
fiscal budget --
Commissioner Gonzalez: Second.
Chairman Winton: OK.
Commissioner Sanchez: -- from Special Events.
Chairman Winton: We have a motion and a second.
Commissioner Sanchez: Four hundred and fifty dollars, Jesus Christ.
Chairman Winton: And --
Vice Chairman Teele: How much?
Unidentified Speaker: Four hundred and --
Chairman Winton: Four hundred and fifty dollars in next year's -- the event isn't until the next
budget cycle. The event's in October, so we have a motion and a second, but I will -- Joe, I'm
going to vote no on this --
Commissioner Sanchez: That's all right.
Chairman Winton: -- because it seem out of fairness -- and maybe this process -- the plan that
they're going to come up with is going to identify this kind of thing, where there is a way, but
until I see that plan, I'm -- I just don't want to go on record saying that from now on -- you know,
you've seen it at Bayfront Park Trust.
99 July 17, 2003
Vice Chairman Teele: But didn't he say "considered" in the next year? He didn't earmark it.
Commissioner Sanchez: Yeah.
Chairman Winton: OK. All right. Thank you.
Vice Chairman Teele: It's a consideration.
Chairman Winton: All -- so, any further discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. Motion carries.
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 03-774
A MOTION AUTHORIZING THE CITY MANAGER TO WANE EXPENSES,
IN AN AMOUNT NOT TO EXCEED $450, FOR USE OF THE MANUEL
ARTIME THEATER FOR AN EVENT SPONSORED BY THE CIRCULO
LIRICO DE LA OPERA FOR THEIR COMMUNITY OPERA
PERFORMANCE SCHEDULED FOR OCTOBER 18, 2003; FURTHER
REQUESTING THAT SAID GROUP BE CONSIDERED FOR FUNDING
FROM THE SPECIAL EVENTS ACCOUNT FOR THE NEXT FISCAL YEAR.
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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Chairman Winton: Thank you.
Mr. del Campo: Thank you.
100 July 17, 2003
23. AUTHORIZE SETTLEMENT OF APPELLATE CASE, CARTER OUTDOOR
ADVERTISING, INC., ET AL. V. CITY OF MIAMI; AUTHORIZE MANAGER TO
EXECUTE SETTLEMENT AGREEMENT BETWEEN CITY AND CARTER OUTDOOR
ADVERTISING, INC., TO RESOLVE LITIGATION AND ADMINISTRATIVE
PROCEEDINGS THAT HAVE ACCOMPANIED CITY'S EFFORTS TO ENFORCE ZONING
REGULATIONS APPLICABLE TO CARTER'S TWENTY OUTDOOR ADVERTISING
SIGNS (BILLBOARDS) LOCATED WITHIN CITY; PROVIDE FOR: REMOVAL AND
RELOCATION OF CERTAIN BILLBOARDS; PAYMENT OF PERMIT FEES; REIMBURSE
CITY $350,000; PROVIDE OUTDOOR ADVERTISING SPACE FOR DISPLAY OF CITY -
PREPARED ADVERTISING; AND STATUS, RETROFITTING, REPLACEMENT AND
RELOCATION OF REMAINING SIGNS.
Chairman Winton: OK. Number 19.
Alejandro Vilarello (City Attorney): Commissioners, Item 19 is a proposed settlement
agreement with Carter Outdoor Advertising. Present today I have Parker Thompson and Carol
Licko, special counsel to the City, if there's any questions. Mr. Knox is here representing Carter
Outdoor Advertising.
Commissioner Gonzalez: I move Item 19, Mr. Chairman.
Chairman Winton: We have a motion. Need a second.
Commissioner Sanchez: Is this Carter?
Chairman Winton: Yes.
Commissioner Sanchez: I'll second it.
Chairman Winton: We have a motion and a second. Do we have discussion?
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I want to be very clear because this issue of legal fees keeps coming up. I
want to just put on the record, I realize that the fines or the payment does not specify legal fees,
but were legal fees considered in negotiating the amount of the fine? Because I think it's really
important to my colleagues that they understand that our vision has always been that we would
recover the majority of our legal fees from the --
Chairman Winton: Settlement.
Vice Chairman Teele: -- settlements, and I'd just like some assurance on the record that that's
what we're doing here.
101 July 17, 2003
Mr. Vilarello: Absolutely. As written in the settlement agreement, the -- it's directly as a result
of our enhanced enforcement -- to reimburse us for our enhanced enforcement of the outdoor
advertising industry, in particular, with regard to legal fees, and certainly that was considered in
reaching the $350,000 figure.
Vice Chairman Teele: I want to put on the record that I also have had several calls from people
who would like this item deferred, and I've not been able to speak to those people, but I think, in
fairness to the principals, that we should not defer this item at this time. However, I am a little
bit concerned to special counsel that we're bringing up one item out of a package, and I thought
that we had always said we would try to get at least two settlements together at once, I think.
Mr. Vilarello: I --
Vice Chairman Teele: Obviously, this opens the doors to a lot of other kinds of things, and I
assume that this person's got a parity agreement that if we make a settlement with somebody
else, that this settlement gets adjusted to be on parity with that, et cetera.
Mr. Vilarello: Yes, sir --
Chairman Winton: It does.
Mr. Vilarello: -- and if I can address that issue, briefly. We -- it was our intention to bring back,
hopefully, settlements with two of the companies that we're discussing -- having settlement
discussions with us. We weren't able to reach a settlement with the other. However, at this
point, and hopefully, as a result of the fact that Carter has moved forward with the City, the other
major player in the industry in the City of Miami has scheduled settlement discussions with me
to take place early in August.
Vice Chairman Teele: Well, based again upon the fact that these agreements are final, but
subject to some modification based upon the subsequent, I'm not going to ask for a deferral, but
ask that the staff work with those interest that would like to ensure that those -- some other
considerations. I have not spoken to them, so I don't know.
Chairman Winton: OK, Commissioner Sanchez.
Commissioner Sanchez: Yes. On the settlement, I'm glad to see that we are moving forward in
settling some of these cases, but you know, we are setting a precedence on the first settlement
that a lot of the other companies are going to be looking at very, very carefully, so one of the
concerns that I have was that we make sure that we do have a solid agreement to make sure that,
you know, the legal fees and others are going to be paid and the removals. Now, Mr. City
Attorney, do you feel comfortable with the settlement itself as to the removals of the sign and
what conditions that have agreed?
Mr. Vilarello: Yes, sir.
102 July 17, 2003
Commissioner Sanchez: OK. OK. That's all the questions. I'm just -- you know, I want to
make sure that, you know, this -- the other companies are going to probably be looking at the
settlement and making the decision based on the settlement.
Chairman Winton: OK. Any other questions? Is this a resolution --
Commissioner Gonzalez: You have a motion and a second.
Chairman Winton: -- ordinance? So, we have a motion and a second.
Commissioner Sanchez: Got a motion and a second.
Chairman Winton: Further discussion? 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. 03-775
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A
SETTLEMENT OF APPELLATE CASE NO. 02 -302 -AP, CARTER OUTDOOR
ADVERTISING, INC., ET AL. V. CITY OF MIAMI; APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM BETWEEN
THE CITY OF MIAMI ("CITY") AND CARTER OUTDOOR ADVERTISING,
INC. ("CARTER"), AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO RESOLVE THE
LITIGATION AND ADMINISTRATIVE PROCEEDINGS THAT HAVE
ACCOMPANIED THE CITY'S EFFORTS TO ENFORCE ZONING
REGULATIONS APPLICABLE TO CARTER'S TWENTY (20) OUTDOOR
ADVERTISING SIGNS ("BILLBOARDS") LOCATED WITHIN THE CITY
OF MIAMI; PROVIDING FOR REMOVAL AND RELOCATION OF
CERTAIN BILLBOARDS; PROVIDING FOR PAYMENT OF PERMIT FEES;
PROVIDING FOR CARTER TO REIMBURSE THE CITY THE AMOUNT OF
THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000);
PROVIDING FOR CRATER TO PROVIDE OUTDOOR ADVERTISING
SPACE FOR DISPLAY OF CITY -PREPARED ADVERTISING; AND
PROVIDING FOR STATUS, RETROFITTING, REPLACEMENT AND
RELOCATINO OF REMAINING SIGNS.
103 July 17, 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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Chairman Winton: The Mayor is having a press conference right now right outside the
chambers. Would y'all --
Commissioner Sanchez: So what time?
Chairman Winton: -- like to --
Vice Chairman Teele: What's the subject matter?
Chairman Winton: Huh?
Commissioner Gonzalez: 3 o'clock.
Vice Chairman Teele: What's the subject matter?
Chairman Winton: You know, I -- what's the subject matter, anybody know?
Kelly Penton (Director, Office of Communications): The Abandoned Car Task Force.
Commissioner Sanchez: The what?
Chairman Winton: Abandoned Car Task Force.
Ms. Penton: To pick up abandoned cars for (INAUDIBLE).
Chairman Winton: The 4,000 abandoned cars scattered all over our city that we're putting a task
force to go after.
Commissioner Sanchez: (INAUDIBLE) abandoned cars in my (INAUDIBLE).
Unidentified Speaker: We're bringing them all here.
Chairman Winton: Do you all want to simply adjourn and then come back at 3, go to this press
conference, or do you want to go to the press conference, come back, and do some more items?
104 July 17, 2003
Commissioner Sanchez: No, no, 3 o'clock (INAUDIBLE).
Chairman Winton: OK, we'll be back at 3.
Note for the Record: The Commission recessed at 12:11 p.m. and reconvened at 3:14 p.m.
Commissioners Gonzalez and Winton were absent upon reconvening.
24. PERSONAL APPEARANCE BY KEITH IVORY OF RESIDENTS IN ACTION FOR
SAFETY AND HEALTH (RASH) Community Organization (See #31).
Vice Chairman Teele: -- he will be arriving momentarily. And what we would like to do, if we
can, please, is to finish up with the public appearances and the blue pages from this morning.
And I know that Item Number 2 -- Item Number 3, which we deferred, but I think the residents
of RASH are here. Mr. Keith Ivory, Residents in Action for Safety and Health -- RASH -- to
address the Commission concerning rodent infesting and control abatement and abandoned
buildings. Mr. Ivory. Yes, sir.
Denise Perry: OK, yeah, there we go. Our -- yeah, our Commissioner -- are we expecting Angel
Gonzalez?
Vice Chairman Teele: Hold on, one minute. I'm advised by the sergeant -at -arms that
Commissioner Gonzalez had an emergency and may not be here for the remainder of the day.
That -- I'm --
(INAUDIBLE COMMENTS)
Ms. Perry: OK.
Vice Chairman Teele: If you'd like to delay your presentation a little bit longer until we can
determine his availability, we'd be more than happy to do that.
Ms. Perry: Yeah. Let's wait like maybe a couple minutes and see. Maybe he comes, or we can
confirm that he's not coming.
Priscilla A. Thompson (City Clerk): Ma'am.
Vice Chairman Teele: All right. We need your name for the record, ma'am, just for the --
Ms. Perry: Denise Perry. Do we have a quorum? OK, OK. Well, if he's not coming back, he's
not coming back.
Vice Chairman Teele: Mr. Ivory, the choice is yours, if you would like to proceed. Otherwise,
we've got a lot of other matters here. We can temporarily pass it and come back to it, whatever
is convenient.
105 July 17, 2003
Dayniu Ogurro: Good afternoon. We'd like to go forward and give you a small presentation
from our organization. My name is Dayniu Ogurro, 211 Northeast 24th Street.
Vice Chairman Teele: All right. I'm being instructed now that somebody gave you all a time
certain for 4 o'clock today.
Ms. Ogurro: Yes.
Vice Chairman Teele: On Item Number 3.
Ms. Ogurro: Yes.
Vice Chairman Teele: Then I stand corrected. We cannot take it up now until 4 o'clock.
Ms. Ogurro: 4 o'clock.
Vice Chairman Teele: OK.
Ms. Ogurro: OK.
Vice Chairman Teele: All right. If that's the case, I apologize. I was just being advised.
Ms. Ogurro: OK.
25. TABLED: DISCUSSION CONCERNING REPORT FROM CITY CLERK ON
PROPOSED PRECINCT CHANGES IN DISTRICT 4 AND REPORT CONCERNING
ALTERNATE POLLING PLACES WITHIN CITY BOUNDARIES.
Vice Chairman Teele: All right. If that's the case, I apologize. I was just being advised.
Daymu Ogurro: OK
Vice Chairman Teele: If that's the case, I'm being advised also that Item 4B and 36 were given a
time certain of 3 p.m. Commissioner Regalado, and I want to apologize to the people at 3
o'clock, for me trying to jump over you, apparently.
Commissioner Regalado: Thank you, Mr. Chairman. Item 4B has to do with the election
process and the report on the proposed precinct changes, not only in District 4, but in the City of
Miami. As you know, the City empowered a Community Relations Board to work on sites, new
sites for the precincts in the upcoming and general election, all the rest of the election to follow
because of redistricting and because of some anomalies that were found in some of the polling
places. Community Relations Board have worked with City staff and with David Leahy
regarding these changes. We have here the former chairman -- chairperson of Community
Relations Board, Linda Romero, who had worked on this since the Commission called on the
CRB (Community Relations Board) to revise this situation. It -- also, I understand that the
director of the Elections Department, Ms. Kaplan, was going to be here. I don't know.
106 July 17, 2003
Priscilla A. Thompson (City Clerk): She's here.
Commissioner Regalado: Oh, OK. Welcome. This is nicer, I mean weather-wise, than Chicago,
so Mr. Chairman, we have Ms. Romero, we have the Mayor, we have Constance Kaplan, the
new Election Supervisor of Miami -Dade County, and it's important that we listen to this report.
Linda, you want to -- OK.
Note for the Record: This item was temporarily interrupted.
26. RECOGNIZE FORMER GOVERNOR OF PUERTO RICO.
TABLED: DISCUSSION CONCERNING REPORT FROM CITY CLERK ON PROPOSED
PRECINCT CHANGES IN DISTRICT 4 AND REPORT CONCERNING ALTERNATE
POLLING PLACES WITHIN CITY BOUNDARIES.
Mayor Manuel A. Diaz: Mr. Chairman, can I just interrupt for a second? We have a dignitary
that is visiting and I'd like to introduce him to the Commission.
Commissioner Regalado: Sure.
Mayor Diaz: He's former governor of Puerto Rico, Governor Rossell6, who is running this -- in
the primary this November, and presumably, he'll be at the general election next year, and
appears to be headed to become again governor of Puerto Rico. He's here; just want to say hello.
Applause
Governor Pedro Rossell6: Thank you very much. I don't want to interrupt what appears to be a
very busy agenda, but thank you for allowing me to come and visit with you here and with the
Mayor, and hopefully, we'll be able to follow up on many more meetings in trying to link the
communities of Miami and Puerto Rico together. Thank you very much for the opportunity.
Commissioner Regalado: Thank you, Governor.
Vice Chairman Teele: Thank you very much, Mr. Mayor. You may ask the governor, if he's
going to about up in your office, to keep his TV (television) on. We'll be talking about things,
just substitute Miami for Puerto Rico is the same; it's an elections issues. We've got problems
with rodents and rodent infestation, and the same problems that are in San Juan and throughout
Puerto Rico we have here, but we're delighted that you've taken time to come by and visit with
our Mayor, and we -- how do you say it properly in Spanish, our home is your home?
Commissioner Regalado: Mi casa --
Vice Chairman Teele: Mi casa es su casa.
Governor Rossell6: Mi casa --
107 July 17, 2003
Vice Chairman Teele: Your City Hall.
Commissioner Regalado: And let me tell you, Governor, you have a lot of friends here. I used
to work with one of you're good friends Rolando Barral (phonetic), and he was one of your fan in
Miami, and we all watch your government and we thank you for visiting Miami.
Governor Rossello: Thank you very much, and I'm glad that Vice Chairman correctly mentioned
that Spanish saying because health (UNINTELLIGIBLE) once went to Puerto Rico and he said it
this way, to casa es to casa (phonetic).
Vice Chairman Teele: Is Mr. De Rosa here?
Commissioner Regalado: Who?
Vice Chairman Teele: Luis De Rosa?
Unidentified Speaker: He's right outside (UNINTELLIGIBLE).
Vice Chairman Teele: OK. Well, we'll just go ahead. All right. Luis, I know you were making
a presentation. Was it in association with that event, with the Mayor?
Luis De Rosa: Call the Mayor up. Call the Governor up?
Vice Chairman Teele: Huh?
Mr. De Rosa: Call the Governor up. Well, actually, he's not. He says thank you. Give me one
second.
Vice Chairman Teele: Well, while we're recognizing dignitaries, we possibly should ask the new
Supervisor of Elections to stand up and maybe just come forward just for a moment, Madam
Director, Supervisor, because this is probably the only time that you're going to be well received
with big welcomes and handshakes. The next time you come will probably be because of some
issue that we need to get --
Luis De Rosa: (UNINTELLIGIBLE).
Vice Chairman Teele: Luis, just yield just a minute here, but ladies and gentlemen, our new
Supervisor of Elections is --
Constance Kaplan: Thank you.
Vice Chairman Teele: Thank you so much for being here.
Ms. Kaplan: Thank you so much --
108 July 17, 2003
Applause
Ms. Kaplan: -- and I am sure that I will always be here and happy to be so, and I'm sure that we
will have a good working relationship, and that the citizens of your city, as well as the rest of the
county, we all get some restored confidence in the election process, so again, thank you very
much.
Vice Chairman Teele: Thank you. Madam Supervisor, I do want to report to you last night, at
the NACP [sic] National Convention, they had the military affairs dinner, which had at least 12,
15 generals, and one of the great persons who was held as a POW (Prisoner of War), the young
lady, I -- her name escapes me, but at the end of my welcoming, I reminded everyone in uniform
to please vote by absentee mail, no matter where you are, so we won't have that problem again,
so I just want you to know that we're encouraging our veterans to vote.
Ms. Kaplan: All right. That sounds great, and --
Vice Chairman Teele: Thank you.
Ms. Kaplan: -- we'll need it also from the citizens to make sure that they get out and encourage
your fellow residents and your neighbors and everyone. We need a grassroots effort, and we
need to really start promoting the importance of all of us voting, so again, thank you.
Vice Chairman Teele: And we'll be hearing from you in the context of your presentation, and
thank you --
Commissioner Regalado: Thank you --
Vice Chairman Teele: -- so much.
Commissioner Regalado: -- so where's Linda? OK. I just want to also thank -- Francisco,
you're back -- want to thank Francisco Garcia from the NET (Neighborhood Enhancement
Team) Office for the support that the NET Office Central gave the Community Relations board,
and we have here also board member Teresa Zorilla, and the executive director, Ada Rojas, I
think, is here, and so --
27. COMMENTS FROM LUIS DEROSA FROM PUERTO RICAN CHAMBER OF
COMMERCE ON SOFTBALL GAME BETWEEN PUERTO RICAN POLICE AND CITY
POLICE AND COMMENDING COMMISSIONER SANCHEZ ON HIS SOFTBALL SKILLS
DURING GAME.
Luis De Rosa: Hi. I'm Luis De Rosa with the Puerto Rican Chamber of Commerce, it's an honor
to have our next governor being present here today and making the rounds to the community,
and of course, the officials in the City of Miami. Back in May, the Puerto Rican Chamber, in
conjunction with the NET (Neighborhood Enhancement Team) Office in the Wynwood area
sponsored the Puerto Rico police softball team again to play against the Miami police softball
team. With the support of this Commission, with an eye towards safe neighborhoods, greater
109 July 17, 2003
cooperation, and I know that with this governor back in office, come next year we're going to
have even greater cooperation between South Florida and, of course, in this case, the City of
Miami and Puerto Rico for more opportunities, and of course, business development, and we
salute you, Governor, and welcome you back.
Governor Rossello: Thank you.
Mr. De Rosa: I take this opportunity to thank all of you for your support of that game, the police
from Puerto Rico and the police of Miami, but one particular individual who played that day and
made it -- the game very meaningful and who also provided the hitting run that allowed the City
of Miami to win their first game against Puerto Rico. Now, as a Puerto Rican, that's hard for me
to say, I want you to know that --
Commissioner Sanchez: I know it's hard for you to say.
Mr. De Rosa: -- Commissioner, but I'm also an American and that's very important, and I live
here, and this is being awarded to -- and please join me. Of course, all the Commissioners
deserve this credit as well, but one in particular is the Miami/Puerto Rico Leo (phonetic) Softball
Game, on May 31, at the Roberto Clemente Park within the city of Wynwood, with the support
of Commissioner Winton --
Vice Chairman Teele: City of what?
Mr. De Rosa: Oh, I'm sorry. Is that a new city? Am I planting something? I'm sorry.
Vice Chairman Teele: Be careful.
Mr. De Rosa: I know that.
Vice Chairman Teele: These guys are about to secede.
Commissioner Sanchez: The City of Wynwood.
Mr. De Rosa: The best hit of the first game goes to Commissioner Joe Sanchez, who played with
the City of Miami Police, and they won the game because that best hit. Thank you. Who left
here early?
Commissioner Sanchez: No speeches. Thank you so much. Next year -- I want a contract next
year.
Unidentified Speaker: Go Wynwood.
Commissioner Regalado: And he --
Commissioner Sanchez: Thank you so much.
110 July 17, 2003
Commissioner Regalado: He --
Mr. De Rosa: You're coming back next year, he's supporting us.
Commissioner Regalado: No, no.
Mr. De Rosa: You're coming back next year. Did I hear you say you will support us?
Commissioner Regalado: He --
Commissioner Sanchez: It was a great (UNINTELLIGIBLE)
Commissioner Regalado: -- behaved. He didn't hit with the bat any hot dogs or any --
Mr. De Rosa: He thinks he's a teenager. He hit a run --
Commissioner Sanchez: I had a cork in my back.
Mr. De Rosa: -- and ran all the way --
Commissioner Sanchez: I had a cork in my bat.
Mr. De Rosa: -- from base -- home base, around the bases, and back.
Commissioner Sanchez: I still got it.
Mr. De Rosa: Unbelievable. You still got it.
Commissioner Sanchez: I still got it.
Mr. De Rosa: Still got the juice. Thank you very much. Thank you for your support.
Vice Chairman Teele: Thank you. Thank you very much. Commissioner Regalado, again I
apologize to you.
Commissioner Regalado: Oh, that's OK.
111 July 17, 2003
28. DIRECT ADMINISTRATION TO WORK WITH MIAMI-DADE COUNTY ELECTIONS
DEPARTMENT TO CONSIDER HAVING HELEN SAWYER SENIOR CENTER USED AS
ALTERNATE POLLING PLACE SITE INSTEAD OF COMSTOCK ELEMENTARY
SCHOOL SITE; COMMENTS BY COMMISSIONER REGALADO THAT CITY SHOULD
SEND OUT NOTICES TO RESIDENTS NOTIFYING THEM OF DISTRICT CHANGES.
SEE #2
Commissioner Regalado: Linda, again.
Joe Arriola (City Manager): Commissioner, I think we need to open the doors for a moment for
his ego to fit in here after that little --
Linda Romero: We have some additional information to give you, as well. These are the new
maps with the new district boundaries. You will also be getting a list of the precinct polling sites
within each district, and you will also be getting a package of pictures that was taken to survey
some of the problematic sites in the areas before, and we didn't make copies of this again. You
should have it from the last -- I think the Commissioners meeting before was the proposed
alternative sites, and some of the sites where there were problems before, some of the issues have
been solved at Precinct 507 at the elementary school, Thena Crowder Elementary School. In
Commissioner Teele's district, now there's only one -- one of the precincts have been eliminated,
a couple of them, actually, so their -- the overcrowding will be taken care of The Comstock
Elementary School. Also, to show you -- we don't have our power point presentation today, but
this is a map; you'll be getting a copy of a larger map, as well, so as a result of all of this and
redistricting lines, some of the precincts are now being shared in different polling sites. The
polling sites will be shared by more than one or two precincts. There's a list on that. That's on
this one with the green highlights, and it lists how many precincts will be sharing the polling
sites, so -- and some of the problems that we're -- in the other point sites was a matter of signage,
where there was more than one precinct voting there, and we're making recommendations that
the City make sure and the County make sure that signage is properly there to make sure that our
constituents know where to vote at, and all this information is based on information provided to
us by Dade County Elections Department. Do you have any questions?
Commissioner Regalado: One of the anomalies was the Smathers centers, that people live there
and they have to go out while other people can vote in the same building. According to the City
Clerk, that problem seems to be solved. That was one weird thing that --
Ms. Romero: Well, we have a commitment from the County, via e-mail, that the residents of the
Smathers Senior Center will not be inconvenienced in future elections, which means that the
Smathers Senior Center will remain a polling place, and that the residents will be voting in the
same building where they reside at, so that will take care of that.
Commissioner Regalado: That is the logical thing. Do you propose any new places other than
the other ninety -some that we had already?
Ms. Romero: There -- inside this package here there's a couple places that we have to still look
at to see if the problems been solved. One of the ones in regards to, let's see, St. Dominick
112 July 17, 2003
Catholic Church Hall, the week of the election there will be no fair, so that should not be a
problem. The second week will be the fair, so by that time, the elections will be done. As far as
the -- I don't believe so, sir. I'm going to let Francisco address that.
Francisco Garcia: Good afternoon. For the record, Francisco Garcia, Office of NET
Administration. I would like to report that there is one polling place that may not serve the
population well, which is the Comstock site. That site, that polling place services two precincts,
Precinct 530 and Precinct 980. It is fairly conveniently located to serve the needs of the
population of District 980. However, it is woefully inadequate, we feel, to serve the needs of the
residents of District 530. It is simply too distant. That being the case, what we have committed
to do is to work closely with Dade County to try to identify possible alternative locations that are
more conveniently placed for the residents of district -- I'm sorry, Precinct 530, and that,
Commissioner Teele, is within your district, District 1, and I apologize if I --
Vice Chairman Teele: You know, I was just amazed at how brilliant you are and how you just
understood, because you know, I hate to say it, but everybody's human, and the first thing I did, I
looked at my precinct and said, what a disgrace that we have that voting over there at Comstock.
In fact, I just called somebody that lives in the precinct, that lives almost on 7th Avenue, and
they go all the way over past 12th Avenue, past 17th Avenue over to Comstock Elementary.
Now, there is a building that is HUD (Department of Housing and Urban Development) owned,
which is the Helen Sawyer --
Commissioner Regalado: That's on Northwest 7th Street.
Vice Chairman Teele: -- Senior -- it's around Northwest 7th Street. It's a senior center, and
worst of all the folks over there is that the people in that senior center, it makes voting for them
almost impossible. Going across 7th Avenue, going across 12th Avenue, and all the way over to
Comstock, which is, you know, not even a community of interest is -- you'd be much better off
putting those people in the Orange Bowl to vote because at least at 12th Avenue you can just go
over the bridge. I mean, it's geographically, but -- I would strongly recommend the Helen
Sawyer Senior Center is adjacent to the Culmer Metrorail Station. It's on the backside of that,
and it's on 7th Street, I believe, and -- right there in the Wagner Creek area, and I would strongly
recommend that 530, that we work with the County's supervisor and County HUD to see if that
would be available or something similar.
Ms. Romero: Any other questions?
Commissioner Sanchez: Yes.
Ms. Romero: Yes, sir.
Commissioner Sanchez: What's the purpose of these pictures pertaining to Riverside Elementary
and the Orange Bowl? Was it because of the multi -voting precincts?
Mr. Garcia: No, sir. In particular, we went out there and surveyed the facility. The concern we
had heard was that the entrance or the exits to that particular building was confusing. There were
113 July 17, 2003
two sites and two entrances to the building to the polling place, but that tended to confuse the
people who were going to vote there. In response to that concern, we surveyed the site,
identified that there is some confusion. What we are proposing -- and we will work with the
County to accomplish this -- is that signage be put in place to better indicate how to access the
polling place.
Commissioner Sanchez: And that's pertaining to both the Orange Bowl and Riverside
Elementary?
Mr. Garcia: That is correct, sir.
Commissioner Sanchez: OK.
Vice Chairman Teele: One of the other issues, if I may, Commissioner Regalado, is that the
County does an excellent job of taking care of the county for these so-called early voting
precincts, early voting. I believe, if I'm not correct, the nearest one in the Model Cities area is
really the Culmer Center, but you know. For one week prior to elections, I believe, or ten days,
or something like that, the County does open up early voting, but because it's the County -- I
mean, the County is not serving as the County. The County is serving as the general
governmental body during the elections. Apparently, those facilities are only in County
facilities. I don't know what the nearest facility would be in the Little Havana southwest area.
Do you know, Commissioner?
Commissioner Regalado: The closest one is downtown, the Metro government building
downtown. We do not have an early voting facility --
Commissioner Sanchez: That's the only facility --
Commissioner Regalado: -- in the City of Miami --
Commissioner Sanchez: -- with early voting.
Commissioner Regalado: -- at all, other than the County and the Culmer Center.
Ms. Romero: Right.
Commissioner Regalado: We do not have anything west for the area west of Miami, nor we
don't -- we have in Allapattah, or any -- I railed the City for that matter, so if a person wants to
early vote, lives in the -- say in the edge of the City, in -- close to Palmetto Expressway, he or
she would have to travel around 15 to 20 miles to get to the closest or the only facility in early
voting.
Vice Chairman Teele: Madam Clerk.
Priscilla A. Thompson (City Clerk): Thank you, Commissioner. I'd like to advise you that we
have been meeting and working with the Supervisor of Elections office regarding the early
114 July 17, 2003
voting issue, and there -- particularly with this upcoming election. We are going to be able to
identify ourselves, the places where we want to set up the centers. We're going to do that in
conjunction with the possible polling places and precincts that we get from NET, as well, so
there will be early voting sites available in the City of Miami for our residents in those districts
where we're having our elections. We are having input into those locations.
Vice Chairman Teele: Well, again, I'm not referring to City elections now. I'm referring to --
Commissioner Regalado: Any election.
Vice Chairman Teele: -- the official early voting sites for general elections under the state law,
and I realize that there are only probably about four or five in the whole county, is -- about how
many do you have?
Constance Kaplan: You have one in each district --
Commissioner Regalado: You want to --
Vice Chairman Teele: One in each County Commission district? You have to give your name
for the record as a formality.
Ms. Kaplan: Constance Kaplan, Supervisor of Elections. We did have one early voting location
in each Commission district, so that was 12 --13, and it is our intention to expand that, and again,
as you mentioned, the County facility issue does limit where we can go, but we're going to look
at other options in that area, so certainly, we want to work with you to accommodate the
community because early voting is very beneficial to getting voter turnout, and that's important
to us.
Vice Chairman Teele: Madam -- Ms. Kaplan, are you certain that in general elections -- I'm not
talking now about County Commission elections -- but in general elections, you all maintain 13
early voting facilities?
Ms. Kaplan: My staff is telling me, yes. You have to understand, I haven't been here. I'm not
even here a month yet, but yes, and early voting is relatively new.
Ana Lopez: Early voting --
Vice Chairman Teele: Ma'am, under our procedures, you have to come to the mike, give your
name -- I mean, because --
Ms. Kaplan: I'm sorry. This is my administrative assistant.
Vice Chairman Teele: She's obviously very able.
Ms. Kaplan: Right.
115 July 17, 2003
Ms. Lopez: Thank you. Ana Lopez, Miami -Dade County Elections Department. We did have,
in fact, 13 early voting sites for the November 2002 Primary and General elections.
Vice Chairman Teele: How many did you have in November 2000, general elections?
Ms. Lopez: No. Early voting is new, as she was just stating. It was instituted for 2002. It was
not a --
Vice Chairman Teele: We have always had early voting at the Caleb Center and in downtown
since 1992. I mean, I've personally taken people there. We may not call it early voting. It may
have been called absentee ballot --
Commissioner Regalado: It's an absentee --
Ms. Lopez: Absentee ballots is different.
Commissioner Regalado: -- ballot --
Commissioner Sanchez: Yeah.
Ms. Lopez: Right.
Commissioner Regalado: What you have there --
Ms. Lopez. Right. It's a different process.
Commissioner Sanchez: Different.
Commissioner Regalado: -- and it's counted as absentee, not as a precinct.
Vice Chairman Teele: Yeah, it's counted as absentee and not as a precinct.
Ms. Lopez: Exactly.
Vice Chairman Teele: How many absentee ballot sites do you have, traditionally?
Ms. Kaplan: Well, now the absentee balloting is not to be the same as early voting. Early voting
has now superseded that, so if you go to one of those locations, you are early voting. If you get a
ballot through the mail, that is then your absentee ballot, see, because of this procedure was just
put in place in 2002.
Vice Chairman Teele: Well, this is not the time for me to get reeducated, but ma'am, believe me,
the Caleb Center has been the repository of absentee balloting to accommodate early voting since
I've been elected in 1990, and while it was always called --
Commissioner Regalado: And so the Metro building.
116 July 17, 2003
Vice Chairman Teele: -- and the Metro building and the South Dade government building, I
believe, and those were the -- and there's one North Dade government -- those were the only four
or five places you could go. This has nothing to do with, say, a city election, but I guess you're
saying that that's been superseded now by early voting, and I guess one of the things that that we
may try to do, Mr. Manager, would be to pass a resolution that would designate certain sites for
which the City would be responsible administratively and financially in terms of the lights and
the --
Commissioner Regalado: One in each district.
Vice Chairman Teele: -- security.
Commissioner Regalado: One in each district.
Vice Chairman Teele: Maybe one in each district or five, but we -- would that be helpful, if we
could designate some locations?
Ms. Kaplan: I think, if we can work with you to see what your desires are, and then look into the
feasibility of it, I think that's certainly possible.
Commissioner Sanchez: Just out of curiosity, doesn't the County districts cover the City?
Ms. Kaplan: Um-hmm.
Commissioner Sanchez: So, why do we need another one? The County districts already cover
the entire city. Why --
Commissioner Regalado: But we didn't have, in 2002, five early voting office in the City of
Miami.
Ms. Kaplan: Right.
Commissioner Sanchez: Yeah, but this --
Ms. Kaplan: There was only --
Commissioner Sanchez: Right.
Ms. Kaplan: -- one per district --
Commissioner Sanchez: I understand, but --
Ms. Kaplan: -- through the whole county.
117 July 17, 2003
Commissioner Sanchez: -- now you're saying that for each County Commission district, there's
going to be one --
Ms. Kaplan: Um-hmm --
Commissioner Sanchez: -- and the way --
Ms. Kaplan: -- or two.
Commissioner Sanchez: -- it is geographically designed, it falls within the five districts --
Vice Chairman Teele: Not necessarily.
Commissioner Regalado: No, no. See --
Commissioner Sanchez: No? Who gets left out?
Commissioner Regalado: -- that's my point. My point is that the voting -- early voting were
outside of the city limits in County Commission districts.
Commissioner Sanchez: Why don't we make sure that it falls within the City boundaries that
they do fall?
Commissioner Regalado: Because --
Vice Chairman Teele: How are you going to tell a County Commissioner where to put his
boundaries?
Commissioner Sanchez: No. I'm just --
Ms. Kaplan: Well --
Commissioner Sanchez: You know, I was just --
Commissioner Regalado: No. Because --
Vice Chairman Teele: I mean, take somebody like Barreiro's district, that's a good example, that
has --
Commissioner Regalado: It was in Miami Beach.
Vice Chairman Teele: -- Little Havana and Miami Beach.
Commissioner Sanchez: And Miami Beach.
Commissioner Regalado: It was in Miami Beach.
118 July 17, 2003
Vice Chairman Teele: He probably had it on Miami Beach.
Commissioner Regalado: It was in Miami Beach.
Vice Chairman Teele: You see what I'm saying?
Commissioner Regalado: That's --
Vice Chairman Teele: So, that means, in that district in the city, it's not here. It works out
countywide perhaps, but it doesn't --
Commissioner Regalado: And Jimmy Morales, I think it was in Pinecrest, that's my point.
Although, he represent part of the City. My point was that, you know, we could have --
Vice Chairman Teele: And Barbara Carey represents Model Cities, but her precinct would be in
the Culmer, which is outside of the City, so I mean, it -- there's a reason I think to look at this
very closely, in that context.
Ms. Kaplan: And again, we would like to work with you, you know, to accommodate as best we
can. Let us look into the issue for the upcoming November election, as well as the Presidential
Preference Primary in March of next year.
Commissioner Regalado: We have an upcoming election in November, too, in the City of
Miami.
Ms. Kaplan: Yes, that's the one we're working on already.
Commissioner Regalado: And one final question, Mr. Chairman. As you know, we have
changed somehow the districts of the City. When would the new voters of this district will be
getting their voting card?
Ms. Kaplan: The verification cards or ID (Identification) cards with the new information, as well
as any polling place changes, will be going out as soon as the lines are approved by the County
Commissioners and our data equipment is updated, and probably between two weeks to three
weeks prior to the election.
Commissioner Regalado: The new cards?
Ms. Kaplan: Yes, and again, we're going to try to send additional notice, as well, to anyone
affected by these changes, so we have to look at the time frame of that, and as I said, it's
contingent upon when they are finalized.
Commissioner Regalado: I --
119 July 17, 2003
Vice Chairman Teele: Let me just caution you on one thing on that. Because we have staggered
elections --
Ms. Kaplan: Um-hmm.
Vice Chairman Teele: -- I would strongly recommend that you send it out to everyone that has
been changed --
Ms. Kaplan: Um-hmm.
Vice Chairman Teele: -- whether they're up for election or not, because what will happen will be
that someone perhaps that would be expecting to vote for a Commissioner --
Commissioner Regalado: Will go.
Vice Chairman Teele: -- this year --
Commissioner Regalado: Will go.
Vice Chairman Teele: -- and they've been moved to a Commissioner whose district will be in
two years --
Commissioner Sanchez: Exactly.
Vice Chairman Teele: -- will go to that precinct and have some confusion, so --
Ms. Kaplan: You're absolutely right, and I think there's 100 or 110 precincts throughout the
county that were affected, and everyone in those districts.
Vice Chairman Teele: No, no. Excuse me, Madam Director. We're referring now --
Commissioner Sanchez: The City.
Vice Chairman Teele: -- to the City of Miami changes, and --
Ms. Kaplan: I understand that.
Vice Chairman Teele: --just know that the City election cycle is off year to the County.
Ms. Kaplan: Yes, I understand that.
Vice Chairman Teele: Yes --
Ms. Kaplan: I understand that.
120 July 17, 2003
Vice Chairman Teele: -- so the changes that we're talking about are within the City of Miami,
not in the County, per se, and then they'll be --
Ms. Kaplan: Right.
Vice Chairman Teele: -- changes also that will be County changes, as well --
Ms. Kaplan: Yeah.
Vice Chairman Teele: -- that will affect City residents.
Ms. Kaplan: Yeah. I believe those changes are incorporated into all of our changes that are
taking place. That's why I say -- and you're absolutely right, we do have to notify anyone
affected by these changes, and we will do that.
Vice Chairman Teele: Well, we're still making our changes. There are some -- is there a
scrivener's error on one of the changes, I think? On some --
Alejandro Vilarello (City Attorney): With regard to the maps, but that's been corrected, and the
maps have been distributed.
Vice Chairman Teele: OK.
Commissioner Regalado: Just a note of caution. The City also should notify the people that
have been changed from one district to other, because the City -- the County Commission is
going to approve these changes in September, I believe, and then it would take three or four
weeks. It will be middle of October when people will get their new cards, probably, so I'm just
saying that we should look into the possibility of sending a notice to the people that had been
changed from one to another district.
Ms. Kaplan: OK. Thank you very much, sir.
Commissioner Regalado: Thank you.
Vice Chairman Teele: Our Chairman has arrived. Mr. Chairman, we've had --
Note for the Record: Chairman Winton entered the Chambers at 3:50 p.m.
29. APPOINT BRENDA SHAPIRO AS MEMBER OF CIVILIAN INVESTIGATIVE PANEL.
Commissioner Regalado: Can I just say something? Mr. Chairman, just -- we just finished the
voting precincts and polling locations report, and I was wondering if I can do Item 35. It's just a
resolution. It's the appointment of a member of the Civilian Panel --
Vice Chairman Teele: Why don't you just make the motion?
121 July 17, 2003
Commissioner Regalado: -- for the Police Department. And the recommendation of the CIP
(Civilian Investigative Panel) Board is here and I am honored to nominate for appointment
Brenda Shapiro.
Commissioner Sanchez: Second.
Chairman Winton: We have a motion and a second. Any discussion? Being none, all in favor
LL "
aye.
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed.
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 03-776
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A
TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Regalado: You want to come up, Ms. New Board Member -- Madam
Chairperson of CRB (Community Relations Board)?
Brenda Shapiro: I thank you, Commissioner, and I thank all the Commissioners. It's been my
pleasure to serve the City of Miami as the chair of the Community Relations Board, which I plan
to continue to do. And I look forward to my new obligations on the Citizens Investigative Panel.
Thank you very much.
Commissioner Sanchez: Thank you.
122 July 17, 2003
Chairman Regalado: How do you make a -- how are you going to make a living if you with all
the --
Ms. Shapiro: Well, you know I'm a family lawyer, Mr. Regalado, and I don't plan to make a
living from any of the panelists.
Chairman Regalado: OK. Well, listen. We congratulate you and we are very proud that you are
a Shenandoah resident. Thank you for being there.
Ms. Shapiro: Thank you.
Vice Chairman Teele: Mr. Chairman, I would like the record to note that we have just increased
the number of female representation on our CIP by 100 percent.
Commissioner Sanchez: From one to two.
(APPLAUSE)
30. APPROVE ACQUISITION OF CERTAIN PROPERTIES AS APPROVED BY MODEL
CITY COMMUNITY REVITALIZATION DISTRICT TRUST, ALLOCATE FUNDS
DESIGNATED FOR MODEL CITY TRUST IN BUDGET OF FISCAL YEAR 2003.
Vice Chairman Teele: Mr. Chairman, we had -- you had also set as a time certain, at 3:30, Item
21A, and at 4 o'clock, Item Number 3, Mr. Ivory, RASH (Residents in Action for Safety and
Health)
Chairman Winton: And he's here?
Vice Chairman Teele: At 4 o'clock. That's at 4 o'clock --
Chairman Winton: Oh.
Vice Chairman Teele: -- and they are here. All these fine people on the front row, they're --
Chairman Winton: Why don't we --
Vice Chairman Teele: 3: 30 is --
Chairman Winton: Which one would you like to do first?
Vice Chairman Teele: Well, you still don't have 4 o'clock time, yet, so you can only take the
3:30 one.
Chairman Winton: Oh, and who's the 3:30 one?
123 July 17, 2003
Vice Chairman Teele: The Model City Trust.
Chairman Winton: Twenty -One A? OK. We will take up 21a.
Vice Chairman Teele: Your name and address for the record, please.
Marva Wiley: I'm Marva Wiley, acting presidency of the Model City Community Revitalization
District Trust. The item that you have before you is a compilation of acquisitions that have been
approved by the board of directors on the Model City Trust and are recommended to this
Commission for acquisition. The resolution is structured as an approval for the City Attorney
and the City Manager to purchase the listed properties at the prices that are listed. Where there is
an item that exceeds 15 percent above the average of two appraisals, which is the authority that
this Commission had given previously to the Administration when it was administering the
homeownership zone pilot project, that item is noted as being in excess of that for your
convenience of review. Are there any questions?
Vice Chairman Teele: Mr. Chairman, I've inquired of the Manager the concern that I -- that he
has raised with me on this, and that is that this is subject to the availability of eligible funding,
and Mr. Attorney, does the resolution reflect specifically subject to the availability of eligible
funding?
Alejandro Vilarello (City Attorney): No, it doesn't, but we'll add that, if that's the part of the
motion, and there's one other issue -- I'm sorry. I'll finish when you're done. With regard to
those that exceed 15 percent of the appraised value, it requires a four-fifths vote, so you've
already adopted a policy that allows for it via unanimous vote of the City Commission with
regard to 15 percent above the appraised value, but if -- Ms. Wiley just indicated that there's
several properties that go above that. In order for --
Chairman Winton: Above the 15 percent.
Mr. Vilarello: In order to acquire those, it will acquire a four-fifths vote approval by the City
Commission.
Chairman Winton: And how many -- Marva, how many of them exceed the 15 percent and by
how much?
Ms. Wiley: Six properties -- it's just above 15 -- about 20 percent, and that is as a result of a
clerical error that occurred that encompassed the closing costs. These were the properties that
were scheduled to close but were not able to close because of the administrative issues related to
environmental reviews back in May of 2002.
Chairman Winton: And so what's the total amount of dollars that would be over the 15 percent?
If it goes from 5 to 20, there's six properties, what's that represent in dollars?
Ms. Wiley: Each item is about $845, so 845 is one 860, 690 --
124 July 17, 2003
Chairman Winton: Oh, OK.
Ms. Wiley: -- so you're talking $6,000.
Chairman Winton: OK, so -- did you make a motion?
Vice Chairman Teele: I mean, I'll move it. Has it been moved?
Chairman Winton: No, I don't think there's been a motion. Has there?
Vice Chairman Teele: Is this a public hearing? Does this involve government dollars, federal
funds?
Mr. Vilarello: It doesn't require -- it doesn't --
Vice Chairman Teele: I move the item.
Mr. Vilarello: -- involve a reallocation of dollars.
Chairman Winton: I'm sorry. What did you just say?
Mr. Vilarello: It does not involve a reallocation of dollars; therefore, it's not a public hearing.
Commissioner Regalado: Second.
Chairman Winton: It's not a public hearing, OK.
Commissioner Regalado: Second.
Commissioner Sanchez: Discussion.
Chairman Winton: Yes, sir.
Commissioner Sanchez: Mr. Chairman, I've looked at the entire package and there's some
concerns that I've written down. One is, Marva, you say that you've done environmental studies,
but offer no attachments for the environmental firm summarizing the findings. I couldn't find
any in the package.
Ms. Wiley: The phase I environmental analysis is about this thick. I can provide that with you
separately, but just for your information, each individual property will have to undergo a separate
environmental review before it can be acquired with federal dollars.
Chairman Winton: That still has to be done.
Ms. Wiley: That still has to be done.
125 July 17, 2003
Commissioner Sanchez: Also, on the concerns that were brought forth also was the relocation
study. You don't have anything attached here pertaining to the relocation plan.
Ms. Wiley: Right. I believe the properties that have structures, the approval is subject to the
relocation plan, to an approved relocation by the board and HUD (Department of Housing and
Urban Development) being applied to all identified displaced individuals.
Commissioner Sanchez: But you say on both of these subjects -- on both of these items, you say
"see attached" and you don't provide them on this, and you have not met with me, nor my staff,
pertaining to the questions that we had pertaining to -- I have be about six or seven concerns on
this.
Ms. Wiley: I wasn't aware that you had questions, Commissioner. I --
Commissioner Sanchez: OK.
Ms. Wiley: --offered --
Commissioner Sanchez: Let me go through another one that we have a problem with. Haven't
provided a map plotting the acquisitions. A quick look at the address show that these parcels are
scattered all over the area, and of course, that raises concern as to the planning -- you're
following the planning, your buying these properties all scattered.
Ms. Wiley: The majority of the properties, if not all of the properties, were already in the City's
queue from 2001. Most of these individuals have been anticipating a closing since that time, so
in the annual plan for the Trust that was submitted with a budget for 2002-2003, the first priority
was phase I and those contracts that were already under negotiation. We are closing out phase I,
which geographically is between 60th and 62nd Street, 12th and 17th Avenue, and other
properties which had been scheduled or had already been contracted for prior to the Trust being
impaneled -- before the board was impaneled.
Commissioner Sanchez: Also, all the charts that are provided here, apparently, with a bad
quality of copying, none are readable. You can read none of them. I mean --
Chairman Winton: Yeah, I know.
Commissioner Sanchez: I mean, that was -- I mean, when we looked at the package itself -- and
I can show you the entire package -- none of the copies are readable. They're all very dark.
Apparently, bad quality of copy, so that was the concern that we had. We didn't have an
opportunity to sit down with you and basically go through it.
Ms. Wiley: OK. I do have the information here. If you'd like me to print out additional copies
so that they're easier to read, I can do that for you.
Chairman Winton: Well, Marva, in the future, though, just let -- does City staff make these
copies or do you --
126 July 17, 2003
Ms. Wiley: City staff makes the copy.
Chairman Winton: OK, so whoever puts the agenda package together -- because I've had this
complaint, particularly in P&Z (planning & zoning) items, so when they print this stuff, it doesn't
do any good to put it in our package if we can't read the thing, so if you need clearer
documentation from the source, then make sure that staff -- City staff calls Marva and we get
clearer documentation from the source, but if our own copying process is flawed, we need to fix
that so we can read this stuff.
Commissioner Sanchez: Marva, did you meet with any of the Commissioners?
Ms. Wiley: I extended a briefing offer. I wrote a memo to each one of the Commissioners back
in May, when I anticipated to be on for May 22nd, offering my services, and I did attempt to
contact everyone around that time, offering a briefing on all of the individual items.
Commissioner Sanchez: Well, I don't believe you contacted my staff, so that's -- and once again,
this is a concern that basically, when you and I had a meeting on this, the first meeting that we
had, I asked you to keep us abreast of everything that was going on and to provide us all the
information, and my staff was not able to meet with you, and then we get this a week before,
when we're unable to make contact and we're unable to understand the charts and stuff, you
know, it's an ongoing concern that I have.
Chairman Winton: OK. Any other discussion?
Vice Chairman Teele: I'd like to amend the motion.
Chairman Winton: OK.
Vice Chairman Teele: Mr. Attorney, can you break out the items that don't require a four-fifths
vote from those that do? That would be a motion to approve those items that are acquisition of
15 percent or less --
Mr. Vilarello: Certainly, we can do that.
Vice Chairman Teele: -- and then do a separate motion.
Chairman Winton: That's a good idea.
Mr. Vilarello: Yes.
Vice Chairman Teele: All right, so my motion would be those items that don't require the waiver
for the -- based upon the acquisition price being 15 percent or less than the --
Mr. Vilarello: Commissioner, without resetting it, I'd like to say that it's consistent with the
policy of the City Commission has already established by resolution, which is --
127 July 17, 2003
Vice Chairman Teele: Without the waiver.
Mr. Vilarello: Without the waiver.
Vice Chairman Teele: All right. That would be the motion, with a second. Call the --
Chairman Winton: Who's the -- you second?
Commissioner Regalado: Second.
Chairman Winton: You second? OK. Any further discussion on that? All in favor, "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: One no.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-777
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE MANAGER AND THE CITY ATTORNEY TO EXECUTE PURCHASE
AND SALE AGREEMENTS FOR THE ACQUISITION OF THE
PROPERTIES ON THE ATTACHED 3 LISTS ON BEHALF OF THE
MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST
WITH THE APPROPRIATE CAVEATS, UTILIZING FUNDS
DESIGNATED BY THE CITY COMMISSION FOR THE MODEL CITY
TRUST IN THE FY 2002-2003 BUDGET FROM THE FOLLOWING
MODEL CITY HOUSING INITIATIVES 344105.959304.6650.81054, THE
2002 CONGRESSIONAL NEIGHBORHOOD INITIATIVES GRANT, THE
2003 CONGRESSIONAL NEIGHBORHOOD INITIATIVES GRANT AND
FEDERAL HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS
198008.632606.6.97.9.
128 July 17, 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
NAYS: Commissioner Joe Sanchez
ABSENT: None.
Vice Chairman Teele: Then I would move the items that require the 15 -- no, I won't. I would
ask that the Manager place the item -- that the agenda item requiring the waiver be placed on the
next agenda with specific instructions for the Trust staff to meet with all of the Commissioners
on that item prior to the next meeting. That would be a request, Mr. Manager.
Chairman Winton: OK, so -- huh?
Mr. Vilarello: To the 24th of July.
Vice Chairman Teele: Huh?
Chairman Winton: To next week.
Mr. Vilarello: To the 24th of July or September?
Vice Chairman Teele: The next meeting.
Chairman Winton: Next meeting, yeah, which is next week.
Vice Chairman Teele: The 24th of July, which is next Thursday.
Chairman Winton: Twenty-fourth of July, right.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Sanchez: If you may. Marva, I'm respectfully requesting that you sit down with
myself and my staff --
Ms. Wiley: Sure thing.
129 July 17, 2003
Commissioner Sanchez: -- and keep us up to breast of what's going on, and basically provide us
as much information as you can on this, and the package is to be -- if you say on a package that
you have something attached, it better be attached.
Ms. Wiley: OK.
Commissioner Sanchez: Because there's no way that I could vote on a package that you say see
something attached and it's not here, whether it's this thick or this thick.
Ms. Wiley: I believe that -- perhaps, I should have worded it better, but the "see attached" --
Commissioner Sanchez: I mean --
Ms. Wiley: -- referred to the list.
Commissioner Sanchez: -- that dog has bitten me too many times before.
Ms. Wiley: OK. OK. Thank you.
Chairman Winton: OK, Marva, you're going to make sure you call everybody and --
Ms. Wiley: I will.
Chairman Winton: OK. Thank you. Anything else on this item?
Vice Chairman Teele: So, by operation of law, this item rolls over to the next meeting.
Chairman Winton: OK, so -- and did we have -- let's see, is it 4? Yeah, it's 4, so you want to
take up the 4 o'clock? Then who was that --
Vice Chairman Teele: Somebody's got their hand up. Ma'am, if you want to say something,
come to the --
Linda Ward Stuart: Yes.
Vice Chairman Teele: -- podium.
Ms. Stuart: Good evening. My name is Linda Ward Stuart, and I am referring to Item 21a. I'm
addressing you because you're the one that --
Vice Chairman Teele: No, no, no, no.
Ms. Stuart: OK. I'm addressing --
Vice Chairman Teele: You're addressing the Chair.
130 July 17, 2003
Ms. Stuart: --the Commission.
Commissioner Sanchez: Address the Chair.
Ms. Stuart: I'm address the Chair. OK. My property began in April 2001.
Chairman Winton: I don't understand. Your property did what?
Ms. Stuart: My -- the letters that I have from the City of Miami began in 2001. The closing
date that I have on this piece of paper in front of me said January 2002. That had nothing to do
with Model City Trust. It had to do with the City of Miami. There was no Model City Trust, so
I have been waiting and waiting for this to happen. Nothing has happened. I have been waiting -
- I've been told that it's been on --
Vice Chairman Teele: Ma'am, before you go on any further.
Ms. Stuart: Yes.
Vice Chairman Teele: Ms. Wiley -- Marva, is her property one of the ones that was not
approved today?
Ms. Wiley: It was.
Chairman Winton: It was approved or --
Vice Chairman Teele: It was approved --
Chairman Winton: -- was not approved?
Ms. Wiley: (INAUDIBLE)
Vice Chairman Teele: Are you aware that we just approved most of them?
Ms. Stuart: Yeah, but I don't know which one.
Chairman Winton: Well, let's find out.
Vice Chairman Teele: Why don't you talk to Ms. -- yeah.
Ms. Stuart: OK. Because I don't --
Vice Chairman Teele: Just stay --
Ms. Stuart: OK.
Vice Chairman Teele: You don't want no more mess.
131 July 17, 2003
Ms. Stuart: That's right.
Vice Chairman Teele: I understand.
Ms. Stuart: Because my creditors are calling me.
Vice Chairman Teele: Well, you know, unfortunately --
Chairman Winton: You own an apartment building?
Ms. Stuart: I own a duplex.
Chairman Winton: A duplex?
Ms. Stuart: Yes.
Chairman Winton: For rental, right?
Ms. Stuart: Yes.
Vice Chairman Teele: Unfortunately --
Ms. Wiley: (INAUDIBLE).
Ms. Stuart: It was?
Chairman Winton: Marva, you're saying --
Ms. Wiley: That property was --
Chairman Winton: -- her property was just approved --
Ms. Wiley: Yes.
Chairman Winton: -- for this round?
Ms. Stuart: OK.
Vice Chairman Teele: But however --
Chairman Winton: But -- yes.
Ms. Stuart: Yes.
Vice Chairman Teele: -- there are some conditions --
132 July 17, 2003
Ms. Stuart: Yes.
Vice Chairman Teele: -- that must satisfy the environmental, it must satisfy the relocation plan,
and it will -- I can assure you that it will not be a signing or going to closing within 48 hours. It's
going to take the management some time.
Ms. Stuart: OK. Commissioner Teele --
Vice Chairman Teele: Ma'am.
Ms. Stuart: -- I've been waiting since April 2001. I guess I can wait till December of 2003.
Vice Chairman Teele: Well --
Chairman Winton: We hope you don't have to.
Vice Chairman Teele: -- I don't mean to convey to you --
Ms. Stuart: No.
Vice Chairman Teele: -- that I am sympathetic with the way the City has handled this. First and
foremost, you need to know what you've just said on the record. You said it, but the newspapers
won't acknowledge it because the City staff is basically pushing this whole thing on the Trust.
This was a City of Miami project.
Ms. Stuart: I know.
Vice Chairman Teele: Long before the trust was ever --
Ms. Stuart: I know.
Vice Chairman Teele: -- incorporated.
Ms. Stuart: I know.
Vice Chairman Teele: -- the breath of life wasn't even breathed --
Ms. Stuart: I have all my papers.
Vice Chairman Teele: -- so, I mean, you know, this is getting into the same old mess that the
City of Miami's famous for is finger pointing, finger pointing --
Ms. Stuart: OK.
133 July 17, 2003
Vice Chairman Teele: -- and at the same time, the only people that get hurt are the citizens who
are paying the taxes, and I apologize to you --
Ms. Stuart: Thank you.
Vice Chairman Teele: -- and in that regard, Mr. Chairman, before we leave this item, the HUD -
- the federal HUD people apparently have communicated that they will not be meeting or having
formal discussions, except through a congressman's office. I talked to the Congress people on
this last night and again last week. We passed in December, contrary, Mr. Manager, to what
your staff has advised you -- I'm reading now from a letter you wrote on July 8th -- we passed in
December an interlocal agreement; I made the motion, and I was uncomfortable with the way
that it was brought forth as a pocket item, and that motion said --
Chairman Winton: So were we.
Vice Chairman Teele: It was done, I think, as I recall, at the Old Arena. That motion says that
we approved this subject to the Manager approving it. We never approved this and said -- and I
said it -- and Mr. Manager, it was Carlos Gimenez -- if there is something in it you don't like, we
expect you to withdraw it and to bring it back to us.
Mr. Vilarello: That's right.
Vice Chairman Teele: Mr. Attorney, you were here.
Mr. Vilarello: Yes, sir.
Vice Chairman Teele: Mr. Chair, was that not the way this was done?
Mr. Vilarello: Yes, sir.
Chairman Winton: That is absolutely the way it was done.
Vice Chairman Teele: And now, you know, this thing has gone on almost another year and we're
trying to get an interlocal agreement done, and the interlocal agreement is literally the
constitution of the Trust in terms of how -- you know, Thomas Jefferson and Benjamin Franklin
didn't take a year in Philadelphia to write the Declaration of Independence in the Constitution in
the United States. Can't we -- Mr. Attorney, can't you all work this thing out with the
management and with the other lawyers and get it resolved, and can we have this on the agenda
by the first meeting in September, please? And again, I'm not taking sides on the interlocal
agreement. If the Manager's got a point and the Trust has got a point, then let's bring it here, but
we're killing this community by no decisions and no actions, and it's as bad now as it's ever been
because things are just being held up for no reason, and it destroys the public confidence, not in
the Trust, but in government. It's not a petty kind of issue. This is not about us versus the Trust,
or the previous manager versus the next manager. This is really about the government, so I'm
appealing to you, Mr. Manager, you, Mr. Attorney, the members of the Trust -- I see the vice
chairman, Mr. Range is here -- can't we Rodney King this thing? Can't we all just get along and
134 July 17, 2003
do this thing, please? Mr. Attorney, can you have it back to us by the first meeting in
September?
Mr. Vilarello: Yes, sir. The agreement has gone through several revisions. It's just awaiting
several key business decisions. Until those decisions are made, we can't go forward with the
agreement.
Vice Chairman Teele: Well --
Commissioner Sanchez: But they have not been identified what the issues are?
Mr. Vilarello: Yes, sir.
Commissioner Sanchez: Then why hasn't there -- why haven't we resolved the issues? Well?
Chairman Winton: So -- well, we do have a clear request --
Mr. Vilarello: The parties need to meet to have the discussion so that they can resolve those
issues.
Vice Chairman Teele: May I, Mr. Chairman? May I move that the Commission is requesting
that an interlocal agreement be presented at the first meeting in September with alternatives and
recommendations of all outstanding business issues? So moved.
Chairman Winton: Need a second, Joe.
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.
135 July 17, 2003
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-778
A MOTION DIRECTING THE CITY MANAGER AND CITY ATTORNEY
TO REVIEW THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
MIAMI AND THE MODEL CITY COMMUNITY REVITALIZATION
DISTRICT TRUST, APPROVED ON DECEMBER 12, 2002, AND
RESOLVE ALL OUTSTANDING ISSUES BETWEEN THE
ADMINISTRATION AND THE TRUST; FURTHER REQUESTING THAT
THIS INTERLOCAL AGREEMENT BE PRESENTED AT THE
COMMISSION MEETING CURRENTLY SCHEDULED FOR SEPTEMBER
11, 2003, WITH ALTERNATIVES AND RECOMMENDATIONS OF ALL
OUTSTANDING BUSINESS ISSUES.
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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Chairman Winton: Absolutely, we agree, and you know, I think from -- Mr. Manager and Mr.
City Attorney, from our perspective, you know, there are a lot of issues on the table. I mean,
we're doing a million things in this City trying to get them all right, but some way or another --
and if you need to come back to us, come back to us. We don't have a good calendar, from a
Commission standpoint, that allows us to track all these things, and so what happens is, you
know, we move on the policy points. It goes over there, and we don't -- we just kind of assume it
gets done in some orderly fashion until the -- how do I say this nicer? -- until the problem lands
back in our lap, and they we find out that, well -- because this is literally the first time I heard --
that I knew that the interlocal agreement wasn't even done. I just assumed it was done some time
ago, so I think what would help us, though, and I think it'd help you guys, if we're in those kind
of processes and you want some additional feedback from the Commission, bring it back, or
come see us individually, or something so that we move these things along, and at least we get to
the point where we all agree that we're even going to disagree. I mean, I'd rather be at the point
where we agree to disagree as opposed to being in limbo.
Commissioner Sanchez: Mr. Chairman, if I may. Let me just clear the air on this issue. First of
all, this City has had a very bad history dealing with, you know, the federal government when it
comes to CDBG (Community Development Block Grant) funds and HUD. You know, I am
following the lead of the Trust in creating the revitalization for Little Havana, which I'm not too
136 July 17, 2003
thrilled about a trust, but that's me on my issue, but let me just say that every time that we don't
obey the rules or we violate HUD regulations, we jeopardize the future of this city, so that's why
I'm a stickler to making sure that, first of all, if it requires environmental study, that
environmental studies be done; that if I am given a report that says attachments to the
environmental studies, the attachments must be on that report. The relocation continues to be a
big problem for HUD. You know, that's one of the requirements that they ask when they
purchase property is that they must have a plan for relocating those individuals; that has to be on
this report, so when I'm not comfortable with a package that's presented to me -- and I just speak
for myself here -- that it says "see attachments" and I don't have them, I can't support that issue,
so if -- I think this would have been cleared if the executive director would have met with us in
our office and basically provide it because we had all these questions. I think, in the last two
days, we got this package within a week, and we looked at it, and those were the concerns that
we had. Looking at what's happening in the Trust area with all the properties that they're buying,
and basically what it come out at $5 million being spent and out of brick and mortar on the
ground, and the violations that were reported by HUD -- as a matter of fact, it's my
understanding that HUD has frozen that account. Is that correct, Mr. City Manager? So
basically, I'm concerned that the implementation of the violations of the Trust may have an
implementation on the other trust and the following trusts that are coming on line, because after
mine, I believe that Allapattah may come and play, or Flagami, so I just want to make sure that,
once again, when you -- when the executive director provides a report, make sure that all the
documents are in, and I could fully read and comprehend and see the report. I showed you that
the copies were so poorly done that you couldn't even read them, and that doesn't allow me to
feel safe to vote on that issue.
Chairman Winton: OK. Anything else?
Vice Chairman Teele: Mr. Chairman, I don't want to belabor this issue, but I want to just get one
thing straight, because it really -- it doesn't matter, because we're all in this together, but the
Trust did not contract, request, or buy any of this land.
Commissioner Sanchez: The City.
Vice Chairman Teele: Contrary to what the Miami Herald is continuing to report, the City of
Miami, OK, and only the City is purchasing this land to date. The goal was is that after the first
round of properties would have been acquired, that land would have been transferred to the Trust
and subsequent purchases would be done by the Trust. If there's a violation of law, and it doesn't
matter whether it's the CRA (Community Redevelopment Agency), the Trust, the Foundation, it's
all back on us --
Chairman Winton: Or the City staff.
Vice Chairman Teele: -- or the City staff. It's all back on us, but I think it's really important
when you've got citizens involved, as you want to get involved in a process that they be not
besmirched and belittled and maligned on something that could happen to anybody and -- you
know, it's not a question of pointing the finger, because even if the Trust had done it, the City
staff should have caught it, OK, but just so that we're clear, don't keep saying that the Trust is
137 July 17, 2003
creating this. It's going to affect -- yes, there is a problem, there is a problem, but the problem is
a City of Miami problem, and we can solve the problem, and we can fix the problem, and it's no -
- it doesn't do any good to point fingers back and forth, but just so that the record is clear, the
Trust has not had the opportunity, yet, to even screw up yet, even though they're being accused at
every turn, so it's just very important, I think, that the record be clear. Unfortunately, Ms. Wiley
and her predecessor was so interested in moving these commitments that had been made -- and
you can see, there's a whole bunch of frustrated people out there -- that they jumped out and took
the lead on the thing, but the truth of the matter is, this should be City staff here making this
presentation, and the reason Ms. Wiley and them are here is because the documents have sat on
people's desks now for at least 90 days just to get it on this agenda. I mean, nobody will come
forward with it. In fact, it's been taken off the agenda at least on two separate occasions, Joe, so -
- I mean, there's a lot going on here. I'm not interested in airing dirty laundry, but the fact of the
matter is, what we need to do is just move this process forward, and I fully support and
understand what you're saying.
APPLAUSE
Chairman Winton: And the other fact of the matter, Commissioner Teele, is there is some dirty
laundry and all the fingers have to be pointed directly at us, and we have to get all the laundry
out and get it cleaned up, as a team, and move forward. No one wins by --
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: -- by us not solving the problem here, so --
Commissioner Sanchez: And we're the ones that have to clean up that dirty laundry --
Chairman Winton: We've got to clean it up --
Commissioner Sanchez: -- so that's why --
Chairman Winton: -- and clean it up now.
Commissioner Sanchez: -- when a package --
Chairman Winton: I -- I'm --
Commissioner Sanchez: -- like this comes dismissing key documents, at least, I'm not going to
support it.
Chairman Winton: Yeah, and I don't think Commissioner Teele has a quarrel with your point,
nor do I. I think you're absolutely right, we need all the stuff that we need to make good
decisions. We've said that, but that's -- you know, we've said that to everybody that's come
before us, so that's not anything new, and that theme will be played out as long as we're
Commissioners, I'm assuming. All right. Enough said on this item.
138 July 17, 2003
31. PERSONAL APPEARANCE BY KEITH IVORY OF RESIDENTS IN ACTION FOR
SAFETY (RASH) Community Organization (See #24).
Chairman Winton: We're going to go back to Item Number 3, which is a personal appearance by
Mr. Keith Ivory.
Keith Ivory: And RASH (Residents in Action for Safety and Health).
Chairman Winton: And what?
Mr. Ivory: Good afternoon. That's RASH, Residents in Action for Safety and Health.
Chairman Winton: Great.
Mr. Ivory: We have a presentation today dealing with rodent infestation, and we're pushing the
City to have a rat control plan. We have --
Chairman Winton: Let me get your name and address on the record, though, first, please.
Mr. Ivory: OK. My name is Keith Ivory. Address is 1721 Northwest 1st Court, Miami, Florida.
We have a sign right here with some pictures on it. Could we hold up the sign, please? Media
person, could you queue in on these pictures? Here are some of the pictures that have been taken
within the last week here in Miami.
Vice Chairman Teele: I didn't give my permission for my signature being put out there like that.
Mr. Ivory: Well, we have your signature on there, Mr. Teele, because, Mr. Teele, you've been --
you're the only one who has supported us and our demands at this point. Originally, we had got
in touch with the City of Miami Mayor, Manny Diaz. We was ignored by the Mayor. We're
hoping to change those feelings today. We had scheduled a meeting with Angel Gonzalez. We
had scheduled a meeting with Angel Gonzalez the other week, and we came down here, and Mr.
Gonzalez had one of his aides to meet with us, but we wanted to meet with Mr. -- with the
person who could make a decision on that. As I say, we're here today, residents of the
community about the Rodent Abatement Program. As you know, Miami being the fourth largest
City in the country --
Chairman Winton: Keith --
Mr. Ivory: We feel that Miami needs a rat control plan. We shouldn't wait until --
Chairman Winton: Keith --
Mr. Ivory: -- the epidemic breaks out.
139 July 17, 2003
Chairman Winton: Keith, could I interrupt you for a second? I want to make a point about a
point you just made, and that was that you tried to meet with Commissioner Gonzalez, and he
had one of his aides meet with you.
Mr. Ivory: Yes.
Chairman Winton: And I want to make a point about that. We don't have full-time jobs. We
have part-time jobs, pays us five thousand dollars ($5,000) a year, so therefore, we have to run a
business, and our agenda is about as long as you could ever an agenda -- imagine an agenda
being, and we count on our staff to have these kinds of meetings, and we have to pick and choose
which meetings we attend in person. And when we don't attend them in person, we count on our
staff to gather the information. They brief us when -- it could be midnight, it could be any time
when we want to get briefed on the issues, and then we deal with them. So don't -- you know,
let's not be critical of -- that's just the way the system works.
Mr. Ivory: I understand what you're saying, and you're right. And I'm sure if I had met with
you personally, and you had said that you would meet with us personally that you would have
been there, and that's what we did with Mr. Gonzalez. We had met with him personally, and he
had promised us.
Chairman Winton: OK.
Mr. Ivory: But anyway --
Chairman Winton: Continue.
Mr. Ivory: Anyway, we're here for the Rodent Abatement Program, and we got some testimony
from the residents and what have you. One of the things that we tried to do, and one of the
things that we want to bring up is that in a rat control plan is to have -- we have a lot of
development going on in Miami, and one of the things we'd like to do -- have the City to do is
that when the land is being cleared for the development, to go in and -- the owner of the land or
anybody to bait that area first.
Chairman Winton: Could I interrupt you one more time? Mr. Manager, Mr. Manager? You
know, this issue here is going to be 100 percent -- 100 percent about staff. It isn't going to have
a damn thing to do with us, and I don't -- there's no staff people listening to this presentation.
Joe Arriola (City Manager): I was just talking to Frank.
Chairman Winton: But I would hope somebody in your absence could be listening. I mean, I
don't -- I understand Frank needing to talk to you, but somebody --
Mr. Arriola: No, but it's about this issue.
Chairman Winton: OK.
140 July 17, 2003
Mr. Arriola: And the reason he came to talk to me is because they, according to him, refused to
meet with him, so, you know, it's --
Mr. Ivory: We were promised by Angel Gonzalez. I mean, he talked with us. We came here
and he talked with the residents from the neighborhood. We talked to Mr. Gonzalez. He said he
would meet with us, so that's why I -- you know, I had brought that up.
Chairman Winton: Well, but Keith, just in the future, don't do that kind of thing. You know,
that doesn't get you anywhere, OK?
Mr. Ivory: OK. We're going to go ahead with our presentation.
Chairman Winton: Thank you.
Vice Chairman Teele: Before you do, though, before you go ahead with your presentation, I
think, though, Mr. Chairman, I want to echo one thing that you just said. And it's so hard to
communicate to the public, because it sounds like the old "not my job, go see the lady down the
hall." But hold on a minute. This is not about Angel Gonzalez. It's not about Angel Gonzalez'
Chief of Staff or his staff. This is about City of Miami and the professional staff. Now, what the
Chairman just said to the Manager, which I agree with, is, number one, we need the Solid Waste
Director here, or someone from Solid Waste. And I stand -- I'm remissed in not asking that the
Solid Waste -- because I know if he had been asked -- Is he back in the back somewhere, Mr.
Patterson, and the Public Works Director? Because this is really about streets, and drainage and
these holes, you know, these infrastructure holes. Because even with a meeting with Angel, and
me, and John, the Chairman and everybody else, at the end of the day, we've got to go sit down
with that man over there and the person that he directs us to, to work this whole thing out. And I
guess what the Chairman is saying is we need to make sure that somebody from the City staff is
really the person that the Manager's going to help us work with on this, because there's a high
level of frustration. There's no need in making a bad matter worse.
Mr. Arriola: I will tell you -- and I think that there's nobody in this City that could tell -- that
would deny that anybody that calls me, I return the call and meet with them, sometimes 7 in the
morning, sometimes at 10 at night.
Chairman Winton: I don't think that's --
Mr. Arriola: I've never refused to meet with anyone.
Chairman Winton: That isn't -- that is not his point. His point is an echo of my point. They
were doing their presentation. There was no one that can make decisions, on the City staff side,
listening to the presentation. That's the principal point here, because we need you all to hear it.
I mean, I've been to -- if I hear it, I'm just going to have to go repeat it to you. So you were
busy, and I understand that you're going to have to talk -- But we need to grab somebody else
that's going to have the authority to go say, hey, you, you and you, you're going to go do this,
that could be listening to the presentation. That's my only point that I was trying to make. OK.
141 July 17, 2003
Mr. Keith: And that's one of our demands, too, is to arrange something where we have the
different other departments to all meet together. We're going to go ahead with our presentation
now.
Chairman Winton: By the way, how long is this presentation?
Mr. Ivory: Short.
Chairman Winton: Thank you. Continue.
Mr. Arriola: Mr. Chairman -- and I don't want to interrupt, and I know they have their
presentation. Can I suggest that you folks come and see me? I will have the right staff in there.
It will fall on the right ears, and I'll do something about it. If you want to go ahead with your
presentation, you have every right to, and I'm not trying to discourage it.
Chairman Winton: That's the answer we like anyhow.
Mr. Arriola: But I promise, you come, I'll set it up. I will have the right parties in there.
Believe it or not, even though they're my bosses, this is not the right group. I will take care of
you. I will give you the right audience with the right people to absolutely solve your problems.
If you come to the audience, they're only going to look at me and going to say, go do it, and then
I have to go through the channels. I ask of you to come and -- I'll set up a meeting with you
today, I mean whenever -- for early next week, and I'll put it in my agenda, and I will have the
right people there. We'll make the presentation to the right folks, and it will not fall on deaf ears.
Chairman Winton: And we'll take action.
Mr. Arriola: And I will take action on it.
Mr. Ivory: OK, that's good. You know, and also, we still wanted the commitment of the
Commissioners to make it etched in stone.
Chairman Winton: Well, do you think we're going to say no?
Mr. Arriola: There's no way we're going to say no.
Mr. Ivory: Well, we're definitely here to find out. We're going to go on with our presentation.
Commissioner Sanchez: I would still like to see the presentation.
Mr. Arriola: That'd be fine. But I just want you to know that today, I'll make an appointment,
and we'll set it over.
Chairman Winton: You got it. Thank you very much. Appreciate it. Yes, ma'am, name and
address for the record, please.
142 July 17, 2003
Dayniu Ogurro: OK. I am Dayniu Ogurro, 214 Northeast 24th Street. I'm a member of RASH,
which is Residents in Action for Safety and Health. We are basically a community organization
of people who are tired of the environment that we live in. We see about environmental
concerns, and our major concern right now, because people are suffering from it, is the rat
problem that's affecting the community. It's not only affecting the community as part of
residents, but businesses, as well, and in the City of Miami. The reason we -- we have been at
this thing for about a year. We've met with various people. We've met as a community. And
today, we're on the agenda. We're asking the Commission to support the implementation of a
Rodent Abatement Program. We realize that it's going to take much more than the Commission
to do this, but if the City could just start off by making somebody make a motion or if the City
could just go ahead and say, yes, they're in support of that program. The residents are here in
support of you, too, to take it further.
Deborah Green: Hi. My name is Deborah Green. I'm also a member of the RASH
Organization. And one of the main reasons --
Chairman Winton: Ma'am, we need your name -- your address, also.
Ms. Green: Oh, I live at 2112 Northwest 19th Terrace.
Chairman Winton: Thank you.
Ms. Green: One of the main reasons we want a rat control plan in place is we have little kids.
Where I live at, it's a lot of little children in the neighborhood, a lot of elderly people over in that
area. And in my neighborhood, all we see is these big old rats running around in the
neighborhood, like they done took over. And my thing is they running around there big as cats.
And that's one of the reasons I think we should have a rat control plan in place. Thank you.
Chairman Winton: Thank you. Next. Hi.
Cesar Giovani Cuyun: Hi.
Chairman Winton: Just need your name and address for the record, please.
Mr. Cuyun: Sure. My name is Cesar Giovani Cuyun. I live in 1770 Northwest 30th Street. My
demand that I'm speaking of today is the continuation of bulk trash collection in the City of
Miami. I was thinking of this situation and wanting to know how it was going to bless the
Miami people, but what I heard after prayer, from speaking to God, he gave me thoughts that
said this might not be a blessing, that it might bring confusion to people. People might not know
what to do with their garbage, leaving it around, making Miami tourist situation not good. It
might increase rat population. It might bring sickness to people by the rats bacteria and germ
contaminations, and to end my statement, God doesn't want the bulk trash collection to be
eliminated. Thank you.
Chairman Winton: Thank you.
143 July 17, 2003
Alice Smith: My name is Alice Smith. I live at 232 Northwest 59th Street. And I'm providing
assistant resident alternatives for the elders in firm compliance. You know, they talking about
stopping the bulk trash pickup.
Chairman Winton: Come closer to the microphone.
Ms. Smith: We will have more rats in the neighborhood than we already got. And the elder
peoples, like myself, is not able to take trash from one place to another. How we going to pick
up a bed mattress that we wear out? How we going carry all of this bulk stuff down the street to
somewhere else? We need that bulk trash pickup in order to get rid of some of the rats. We not
going to get rid of all of them. And don't care what you all agree to put down, it still going to be
rats long as there's trash.
Chairman Winton: Next.
Rebecca Walker: My name is Rebecca Walker and I live in Allapattah, and I live at 2345
Northwest 23rd Court. And I'm down here trying to -- we all down here trying to help get
something there. My idea is we ought to increase job opportunity for the community through
this and other programs. So what we trying to do, like you say, we got a lot of trash down there.
We got a vegetable place down there and we got different places around there. And some people
across the street, I notice they come across the street and put their bulk trash over there. When I
see them, then I call the police and they go pick it up. And I can't watch all night, but when I
watch, when I do, then I call and they'll come pick it up. So what we need is someone to come
out and see about helping us, please. Because, like they say, them rats is something else. Some
of them run like squirrels, and some of them large as squirrels. If you get in their way, they'll
bite you. I know a friend, they bit his heel off, and they took him to the hospital. And I was
looking for him to bring him down here. And I was looking for him to die, so I hope he haven't
died. But anyway, please help us, because the kids can't put down nothing -- you can't put down
trash -- I mean poison for kids. So we need a grown person what know what they doing to do
that. So please help us. Thank you.
Chairman Winton: Thank you.
Ms. Ogurro: Dayniu Ogurro again. We would also like the program, whatever program is set
up, to be environmentally sound with regard to -- Previously, in the `80s, Miami -- the City of
Miami did have a program where they gave out information and they also gave out poisons. And
what happened is a lot of pets and children got into the poisons instead of rats. So we are also
asking support from the Health Department and you to get an environment -- a good program
that would, you know, not kill kids; kill rats instead of killing kids.
Chairman Winton: Thank you. Yes, sir.
Johnnie Coats: OK. My name is Johnnie M. Coats. I live at 1535 Northwest 1st Place. I'm
concerned about the rat problem because of the disease the rodent carries. It affects people with
asthma, bronchitis, sickle cell anemia; not only middle-aged people, but people with diabetes,
young people, and this is a serious problem we have. I was also wondering if we could be
144 July 17, 2003
provided or the community be provided with reports of citations for businesses or property
owners that, you know, accumulate trash that causing them to grow and make infestation. I also
am curious if the Commission or the City have any solid plan that they would like to discuss with
us in writing or in person. Thank you very much.
Chairman Winton: Thank you. Anything else?
Ms. Green: I have one more issue. It's about the better Code enforcement. The enforcement of
the City Code directed at local business owners for abandoned properties and absentee landlords
Chairman Winton: We need your name again, please.
Ms. Green: My name is Deborah Green. Again, I'm at 2112 Northwest 19th Terrace. OK,
responsible for ways to breed and practice that encourage rat infestation. Could we get better
Code enforcement?
Chairman Winton: OK.
Mr. Ivory: OK. As you heard from our residents and what have you about the situation, and the
need for a rat control plan in the City of Miami, we have a -- our demands that we just listed, and
we'd like to pass it to -- Also, we have a packet that we'd like to pass out to all the
Commissioners and also the -- Joe Arriola, Alejandro and the Clerk, as well, and anybody else
who needs a packet for the staff and what have you, and we also have our demands list that we
just listed, and we'd like to pass that to the Commissioners to get a sign -- to get signed as a open
commitment, a public commitment in front of the City of Miami that we will start the rat control
plan.
Chairman Winton: Well, we're not going to sign anything here today. So you can pass that out
to us. You're going to meet with the Manager, and you're going to put a plan in place, and you
all can come back with that plan. But we're not going to sit here and read something and sign it
in front of anybody. I mean, we don't ever do that.
Mr. Ivory: It's just the basic things that we just talked about and the need for it.
Chairman Winton: We're not going to sign anything that's put in front of us at a particular
meeting. I would never do that in a million years on any issue.
Mr. Ivory: Well, we'd like to just still just pass it out to you and --
Chairman Winton: You can. OK. Keith --
Ms. Green: Who do I give this to?
Chairman Winton: I'm sorry?
145 July 17, 2003
Ms. Green: Whom do I give this to?
Chairman Winton: Give it to the City Clerk, please.
Mr. Ivory: And the support that we have gotten so far has been from Arthur Teele, and we'd like
to thank you for listening to our demands when other people didn't listen. And hopefully, the
City can come up with a rat control plan, because this right here is what can benefit.
Vice Chairman Teele: Well, I thought the lady had a gun -- when you all came to my office, I
thought the lady had a gun, so I didn't -- I wasn't about to move. I sat very --
Mr. Ivory: That was Ms. Rebecca. And that the rat control plan is something that the City needs
for everybody in all neighborhoods, whether rich, poor, black or white. This is something across
the board, and as I said before, Miami being the fourth largest City, this is needed, and this can
set us up as a model City for the rest of the country.
Chairman Winton: Agree, and y'all's participation in this is crucial, and you being able to help
as eyes on the street, y'all being help identify the sources of the rat, you know, where the
garbage is, or where people that own businesses or own homes are collecting stuff. And, you
know, y'all will help with this process. This cannot be done just by City staff, so your eyes on
the street is going to be very crucial, long term, to solving this problem. So --
Mr. Ivory: And we'd like to be included in the planning process for this, to be given a report that
when the City comes up with a plan.
Chairman Winton: I think it's real important that y'all stay involved, very important, from the
beginning to the end, and what we hope to get back from all of you, within 12 to 18 months is, a
report that says, whoa, what success. So we'll look forward to you coming back. OK.
Ms. Smith: Mr. Chairman.
Chairman Winton: Yes, ma'am.
Ms. Smith: These not only in the places where the trash at, because right over around Miami
Arena, it's just as clean as a pen over there, but you drive up there about 9 o'clock at night, you
see thousands of rats running across that grass. Right at the Miami Arena Towers, and it's no
trash over there, so they don't go just to the trash.
Chairman Winton: Well, there's some -- you know -- well, never mind. So you all have a plan,
a meeting with the Manager and his staff, and he'll bring a report back to us in terms of what the
actual agreed upon plan will be.
Ms. Perry: OK. If I could -- my name is Denise Perry, 212 Northeast 24th Street, and what we
are not leaving here with is the endorsement of our Commissioners. That is the concern that we
have and that is why --
146 July 17, 2003
Chairman Winton: I don't know --
Ms. Perry: -- we're happy that Teele had an opportunity to meet with us and read over the
demands. I don't think it's difficult. I think he just heard them all from the residents, the points
that we're trying to make here. And so going there and then coming back here, we've already
danced all around. I'm not saying that you're not going to support this, but it needs to be
endorsed by our Commissioners. This is our concern.
Chairman Winton: I'm totally lost. Would you help me?
Vice Chairman Teele: Mr. Chairman, first of all, I wish you had been here this morning and
heard Commissioner Regalado and Commissioner Angel Gonzalez discussing an issue related to
how the County is raising the cost of lawn clippings and what this is going to do to our City. As
Commissioner Gonzalez kept saying, is this going to create more potential for infestation, more
potential for people just literally coming from all over Dade County and dumping in the City.
Ms. Perry: That's exactly right.
Vice Chairman Teele: And we really are caught up in an inextricable weave. What affects one
community affects the other community. Mr. Chairman and Mr. Manager, in a previous meeting
where we dealt with the FCAT (Florida's Comprehensive Assessment Test), we had a few
dollars left over. And one of the concerns that I have with this item being on the agenda, in all
candor, Community Development should have been available to help, because in that meeting,
about a month ago, I earmarked dollars that were left over from the District 5 public services of
CDBG (Community Development Block Grant), which must be expended before September 30th
of this year, for an immediate program -- to do a pilot program in my district and in Angel
Gonzalez' district to try to help develop a pilot program for this. And so I want to just share that
information with you, Mr. Manager, and make you aware of it, is that we made dollars available
that were not specific -- I'm not sure that we met all the Federal guidelines in terms of notice, but
we did ask that the CD (Community Development) dollars that were left over from the FCAT --
because we didn't want to go over, so you always under -spend -- the FCAT Training Program
that we did at Edison, that these dollars be prioritized for this project and one other project, and
they were supposed to give us a breakdown on that, as a way of getting something going. And I
want to say on the record, Allapattah -- A rat doesn't know the difference between my district
and Angel's district, you know. And we talked about just this Tuesday, the Goodwill Industries,
how so many of the people that are going into Goodwill live in Overtown and Model City, et
cetera. So whatever we're trying to do here, I want to do as a pilot program in Allapattah and in
the District 5 area, a lot of which is Little Haiti, and some of which is the Buena Vista area, Little
Haiti and Overtown. Secondly, if the Chairman would allow it, I would certainly be willing to
make a motion today to ask that the Manager, in developing the budget for next year in
September, that a pilot rodent control program be established in the appropriate department,
whether it be Solid Waste, or Public Works, and that we involve the people here in doing that.
You pay for the cost of picking up trash. I see no reason why, Mr. Manager -- and I hope you
would agree generally that we could develop some type of pilot program for one year to address
this particular problem, focused primarily in the Allapattah area, as well as in the Model City -- I
mean Model City, Little Haiti and Overtown area, and the Manager is agreeing. So if you would
147 July 17, 2003
allow it, I would move that the Manager be requested to develop, as a part of the FY '04 budget,
a pilot program that would include as a component a neighborhood or a citizens advisory
component made up of people of RASH and other communities to address on a pilot basis,
focused in the Allapattah area and the Little Haiti areas, a pilot program for rodent control as a
part of the FY '04 budget, and a line item in somebody's budget so we can sort of follow this, if
that's acceptable to you, Mr. Manager.
Mr. Arriola: Absolutely. I would like to meet with them first. I'm not too sure that we need to
go into a pilot program. Let me work with my people. I might -- let's kill the rats everywhere,
and I want to work very close with them. I already told them that we're going to meet early next
week and they're going to go upstairs to get on the calendar, and let me come back with you,
with the help of Mr. Patterson and Public Works and give you a game plan.
Chairman Winton: And by the way --
Mr. Arriola: If you want the pilot program, we'll go into a pilot program, but let -- believe me, I
understand. I hear the cry and we'll do something about it right away.
Chairman Winton: And my view was we should be starting this tomorrow, not --
Mr. Arriola: Yeah, yeah.
Chairman Winton: -- not in the next fiscal year or so. I mean, I wasn't assuming an individual
line item at all. I'm just assuming this is a --
Mr. Arriola: This should be part of our job.
Chairman Winton: -- this is an obligation of the City that we just have to do, period, like
maintaining our parks. I mean, it just falls in the --
Vice Chairman Teele: Well, I can tell you right now, I asked the Parks -- the Solid Waste
Department to pay $300 this coming Saturday for the food for the Mayor's Litter Busters and the
City staff is going to be doing a part of a clean-up. They told me their budget was real close, real
tight. And, I mean, I can't believe -- I mean I will believe that $300 is not available, but the fact
of the matter is this: Programs in action without dollars is all conversation. And somewhere
along the line -- and it's not going to be done this year. By the way, this year is another 45 days.
Unidentified Speaker: Right.
Vice Chairman Teele: You know. So we're talking now about October 1st. I would much rather
start a program off that's funded and that has clear goals and objectives than to do something that
is -- but there is no reason we can't start right away, because the point is, is that with the CD
dollars from the District 5 point, that has to be expended before September 30th, so by moving a
month ago through September 30th with the District 5, and then picking it up out of the --
somebody's budget. But Johnny, look, I just think that these people have really been frustrated.
148 July 17, 2003
I'm just happy you didn't read -- what is it? -- Put Whitey on the Moon? Apparently there was a
Chairman Winton: Probably a good thing I didn't read it.
Vice Chairman Teele: Apparently there was a -- the last two paragraphs. There's a poem that
you read when the Mayor didn't show up somewhere, but there is a high level of frustration.
And I don't know what the basis of it is. When they came in to see me, they were extremely
upset, agitated, agitated with me, my staff, and everybody else. And I just think that they're not
going to go away. And we need to give direction. If the Manager wants to have the meeting
first, then we can --
Chairman Winton: Well, pass the resolution. There's no harm in passing the resolution.
Vice Chairman Teele: It's not a resolution. It's just a request of the Manager.
Chairman Winton: OK.
Vice Chairman Teele: He can come back and say, look, I can't do it, or this is how I'm going to
do it, or whatever.
Commissioner Sanchez: But your recommendation -- I'm willing to second your
recommendation.
Vice Chairman Teele: My recommendation was that the Manager is requested to develop a
program, a program within the budget of a department that involves community involvement,
inclusive of organizations such as RASH, for a rodent infestation program from the '04 budget,
which begins October --
Commissioner Sanchez: For the entire City?
Vice Chairman Teele: For the entire City.
Chairman Winton: So you got a motion and a -- Did you second that, Joe?
Commissioner Sanchez: Second.
Chairman Winton: Second. Further discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
149 July 17, 2003
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-779
A MOTION DIRECTING THE CITY MANAGER TO ESTABLISH IN NEXT
FISCAL YEAR'S BUDGET, A ONE-YEAR PILOT PROGRAM FOR RODENT
CONTROL, FOCUSING PRIMARILY IN THE AREAS OF ALLAPATTAH,
MODEL CITY, OVERTOWN AND LITTLE HAITI; FURTHER DIRECTING
THAT THE ADMINISTRATION WORK WITH THE GROUP CALLED
RESIDENTS IN ACTION FOR SAFETY AND HEALTH (R.A. S.H.) IN
DEVELOPING SAID PROGRAM.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Anything else?
Vice Chairman Teele: There's one other issue. They're concerned about this bulk trash
collection. Is there a plan? They kept telling me there is a plan. Is there a plan to discontinue
bulk trash collection? It seems to me that this bulk trash issue cuts both ways on rats, rodents.
The more bulk trash you got on the street corners, the more potential. But on the other hand,
there are elderly people who are concerned about discontinuing it and don't want to discontinue
it. And the sense of this organization is they don't want bulk trash discontinued, because they
feel that will generate even more rodent infestation, because people will just sort of move stuff --
Is there a plan, Mr. Manager?
Mr. Arriola: Commissioner, unless you know something I don't know --
Commissioner Regalado: I don't know anything about it.
Mr. Arriola: -- I have no intention -- I haven't heard -- this is the first time I've heard about it.
Vice Chairman Teele: Well, I thought it was good if you would just put it out there.
Mr. Arriola: Yeah, that's fine.
Vice Chairman Teele: Because they think there's some conspiracy or some plan afoot to do that.
150 July 17, 2003
Mr. Arriola: I --
Commissioner Regalado: That's the County.
Mr. Arriola: That might be the County. That's what they might -- not the City.
Commissioner Sanchez: It can't be the County --
Ms. Smith: Mayor Diaz just said he had reported that he wanted it stopped by the end of the
year.
Vice Chairman Teele: Who did?
Chairman Winton: Mayor Diaz, she said.
Mr. Ivory: There was -- the Mayor, in the State of the City budget address back in April, stated
that the bulk trash, the continuation of bulk trash would be cut by the end of the year, and that in
the neighborhoods, in the neighborhoods, they would be -- develop dump sites in the
neighborhoods, and people will be held responsible for taking their bulk trash down there.
Commissioner Sanchez: I suggest your next meeting be with the Mayor, then, to address that
issue.
Mr. Ivory: We've been trying to get meetings with the Mayor for almost a year now.
Vice Chairman Teele: I can tell you, if you listen to everyone here, at least four people that have
said they don't want -- we don't want to discontinue. And with all due respect to the Manager
and the Mayor, the Commission still makes the policy.
Mr. Arriola: I think it's the wrong Mayor, too, by the way.
Vice Chairman Teele: May be the wrong Mayor, I think.
Commissioner Regalado: No, no, no.
Mr. Ivory: No, it wasn't the wrong Mayor.
Commissioner Regalado: No, no, no. He's right, but what the Mayor said was that we have to
look into the possibility, because of the cranes. The cranes break the swale areas, and we have to
look into the possibility, but let me tell you something about bulk trash. Had it not been for this
kind of service, the City of Miami would be up to here in rats and infestation, because a lot of
people, especially in poor areas, a lot of people move around, you know, from apartment
buildings. They rent efficiencies, and they throw away things, and if we are not there picking up
every week, it would be a nightmare, so, you know, I'm just one here, but there's no way that --
The only service that this City runs like a clock, which is trash and garbage pickup and recycling,
151 July 17, 2003
everything in this City on that issue is the best service ever in the County. No other municipality
nor the County has this service. We're not going to give away that service. So, you know --
Mr. Ivory: OK. We didn't want to wait till it was cut and then try to say something.
Chairman Winton: Yeah.
Mr. Ivory: We wanted to --the time it raised up, we wanted to jump right on it about the --
Chairman Winton: OK.
Commissioner Regalado: I remember --
Chairman Winton: Hold on.
Commissioner Regalado: I remember --
Chairman Winton: Hold on, hold on for a moment. I think the questions have been answered.
We've talked about this. We've got a plan and we're moving. So --
Vice Chairman Teele: Mr. Manager, when would be convenient for them to meet with you?
When we go into --
Mr. Arriola: He's going up there right now to see my secretary, and I told them I'm available as
-- you know, as soon as they can put their group together, sometime early next week, we'll do it.
I'm --
Chairman Winton: OK. Thank you all very much. And Keith, thank you for the presentation.
Mr. Ivory: Thank you all, Commissioners.
Chairman Winton: You all keep up the good work. Stay close. Thank you.
Vice Chairman Teele: Thank you for coming.
32. COMPUTE PROPOSED MILLAGE RATE FOR CITY FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004.
Chairman Winton: I think we're at Item 16, which is the millage rate proposal setting the
maximum limit.
Vice Chairman Teele: I move the -- did the Manager give us the number yet?
Chairman Winton: Where'd he go in? Oh.
Commissioner Sanchez: What are they going to set the millage at?
152 July 17, 2003
Vice Chairman Teele: What's the current rate?
Larry Spring (Chief of Strategic Planning, Budgeting & Performance): The current rate is up --
sorry.
Commissioner Sanchez: Eight point eight nine.
Chairman Winton: Need your name and -- name, record.
Mr. Spring: Larry Spring, chief of Strategic Planning, Budgeting & Performance. The current
rate is -- millage rate is 8.85. We are, for the purpose of setting the cap and the trim notice,
leaving it flat; however, for the purpose of budget, it is being reduced to 8.7625.
Chairman Winton: Well, that's what you're proposing right now --
Mr. Spring: No.
Chairman Winton: -- but for the --
Mr. Spring: For the maximum cap, we're setting it at the same.
Chairman Winton: At 8.85.
Mr. Spring: Eight point eight five --
Chairman Winton: Right.
Mr. Spring: -- which is the same as right now.
Chairman Winton: OK, so that's the recommendation.
Commissioner Regalado: What it means is that it can go down, but not up.
Chairman Winton: That's correct.
Mr. Spring: That is absolutely correct.
Commissioner Sanchez: And you don't anticipate --
Chairman Winton: We cannot go above 8.85 --
Commissioner Sanchez: -- boost in millage?
Chairman Winton: -- but we get to decide what it ultimately is below that.
153 July 17, 2003
Vice Chairman Teele: What do you estimate the rollback rate to be?
Mr. Spring: Actually, the rollback rate was 7.66, I believe, to keep the revenue exactly the same.
Vice Chairman Teele: All right. I move seven point --
Chairman Winton: I think --
Commissioner Sanchez: You'll get --
Chairman Winton: I think --
Commissioner Sanchez: -- get his attention pretty quick.
Chairman Winton: I think --
Commissioner Sanchez: -- pretty quick.
Vice Chairman Teele: I move 7.66.
Chairman Winton: I think you're out of order.
Vice Chairman Teele: Seven point six six, is that --
Joe Arriola (City Manager): Seven point six, not a problem, sir. I have no problem with that. I'll
get rid of --
Chairman Winton: I think --
Mr. Arriola: -- quarter for the cops and --
Chairman Winton: -- you're out of order also.
Mr. Arriola: -- all the fire people and it's OK.
Commissioner Sanchez: Don't say that.
Chairman Winton: I think you're out of order also. OK. We need a motion on the Manager's
recommendation of --
Commissioner Sanchez: So move.
Chairman Winton: -- cap being 8.85 mills.
Commissioner Sanchez: So move.
154 July 17, 2003
Commissioner Regalado: But just for the purpose of --
Chairman Winton: Give me a second.
Commissioner Regalado: -- clarifying --
Commissioner Sanchez: Got to second to discuss it.
Commissioner Regalado: -- what we're doing it.
Vice Chairman Teele: Second.
Chairman Winton: Thank you.
Commissioner Regalado: I'll second. I'll second.
Chairman Winton: Thank you.
Vice Chairman Teele: Madam Clerk, I second.
Commissioner Regalado: Just for the purpose - What this means is that the City Commission
could, if we can, reduce the taxes come September and October, and what this means is that no
matter what happens, there's no way it can go up during the budget hearings. That's -- to be
simple.
Chairman Winton: Yeah.
Mr. Spring: Correct.
Commissioner Regalado: OK.
Chairman Winton: And by the way, just for your information, at the next Commission meeting,
I'm going to bring -- you remember that little analysis I did almost a year ago and --
Commissioner Regalado: Yeah, I remember.
Chairman Winton: -- I was so mad because I couldn't never get anybody to finish it? Well, it's
now almost finished on what the County is doing to us. Well, it is -- I have now proof positive,
without a doubt, at least in the City of Miami -- and we're running numbers right now on Coral
Gables, Hialeah, and one other municipality. I think Miami Beach, but I'm not sure, but three
other municipalities to see if the same thing has happened, and in the City of Miami, if you --
you know, there's two line items. There's City of Miami and there's the County. In
Unincorporated Dade, there is the County line item, which matches up with our County line
item, and then the unincorporated number, so I just -- in comparing the County to County
number, OK, because that should be roughly the same. In the City of Miami -- and we've done, I
think, well over a hundred units -- in the City of Miami, that -- how many?
155 July 17, 2003
Unidentified Speaker: Three.
Chairman Winton: Three hundred? In the City of Miami, when I scrolled down that log real
quickly, it looks like the typical County increase. This is single-family home/homestead
exemption only. That's all we've looked at; single-family home/homestead exempted only.
While our increase to our residents was one, two, two and a half percent, the County's to that
same resident is six, seven, eight, nine percent, and you'll remember, I said that at that meeting a
long time ago, but I didn't have a sample size that was considered --
Commissioner Regalado: And that's illegal, because they can only go three percent.
Chairman Winton: But listen to this. In the County, unincorporated, that same County item is
two and three percent.
Commissioner Sanchez: Yeah.
Chairman Winton: In the municipalities --
Commissioner Sanchez: It passed (UNINTELLIGIBLE).
Chairman Winton: -- it's two to three times what they've done to their own residents in
Unincorporated Dade. I will have all this data for you all next week, and we will be talking
about that.
Commissioner Regalado: And remember --
Commissioner Sanchez: How do you think they keep them unincorporated?
Chairman Winton: Yeah.
Commissioner Regalado: -- the County is proposing, the County Manager is proposing, and by
listening to some of the Commissioners, it's going to get passed, an increase in the water --
Chairman Winton: Right.
Commissioner Regalado: -- rates, which will be like $6 additional to a residential every three
months, and so we're talking of another hit to the people of Miami. There's nothing we can do
about it, so I mean, we have to try to defend the people of Miami doing this.
Chairman Winton: Well, I just wanted to let you know that that's coming. We will have a -- I'll
bring you the data at the next Commission meeting and we will have some discussion about it.
OK. We have a motion and a second on --
Commissioner Sanchez: The millage rate.
156 July 17, 2003
Chairman Winton: -- accepting the Manager's recommendation for the trim notice at 8.85 mills.
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. 03-780
A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A
PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR
FISCAL YEAR BEGINNING OCTOBER 1 2003 AND ENDING SEPTEMBER
3, 2004; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED
MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY
APPRAISER AND TAX COLLECTOR TOGETHER WITH THE DATE, TIME
AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY
COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND
THE CITY'S TENTATIVE BUDGET FOR STAYED FISCAL YEAR.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Mr. Spring: Thank you.
157 July 17, 2003
33. TABLED: PROPOSED RESOLUTION EXTENDING TERM OF PROFESSIONAL
SERVICES AGREEMENT BETWEEN CITY AND OCCUPATIONAL HEALTH SYSTEMS,
INC., TO DECEMBER 31, 2003, $162,500, AND RATIFYING, APPROVING AND
CONFIRMING MANAGER'S FINDING OF EMERGENCY IN AUTHORIZING
OCCUPATIONAL HEALTH SYSTEMS, INC. TO PROVIDE MANAGED CARE CLAIMS
SERVICES FOR DIVISION OF RISK MANAGEMENT.
TABLED: PROPOSED RESOLUTION EXTENDING TERM OF PROFESSIONAL
SERVICES AGREEMENT BETWEEN CITY AND CORPORATE SYSTEMS, INC. TO
DECEMBER 31, 2003, INCREASING MAXIMUM COMPENSATION BY $72,000, AND
RATIFYING, APPROVING AND CONFIRMING MANAGER'S FINDING OF
EMERGENCY IN AUTHORIZING CORPORATE SYSTEMS, INC. TO PROVIDE ON-LINE
CLAIMS ADMINISTRATION SERVICES FOR DIVISION OF RISK MANAGEMENT. (See
# 36)
Chairman Winton: Seventeen. Anybody from staff want to talk about 17, or do we --
Commissioner Sanchez: Anyone on --
Chairman Winton: We going to defer 17?
Commissioner Sanchez: No, wait. Anyone on staff on 17?
Chairman Winton: OK. Let's --
Commissioner Sanchez: We'll come back to it.
Chairman Winton: Eighteen. Do we have any City staff left?
Commissioner Sanchez: It's -- I think it's a companion.
Linda Haskins (Deputy City Manager/Chief Financial Officer): I'm sorry.
Commissioner Sanchez: It's OK.
Ms. Haskins: Excuse me.
Commissioner Sanchez: Seventeen.
Ms. Haskins: Seventeen and 19 (UNINTELLIGIBLE) --
Commissioner Sanchez: And 18.
Ms. Haskins: Seventeen and eighteen are items that --
Chairman Winton: I don't think your mike's on.
158 July 17, 2003
Ms. Haskins: I'm sorry. We're -- Linda Haskins, chief financial officer. We're still -- we will
bring to you next week the contracts for the outsourcing of Risk Management claims and for
changing the workers' comp. managed care provider. What we needed to do for the current
workers' comp. provider, we needed to extend their services to take into consideration an
implementation time. We certainly hope to be able to implement sooner than the December 31
extension, and also attached to the managed care provider is a contract with Corporate Systems
that tracks our claims and gives us the actuarial analysis that we need for the audits, and that's --
Chairman Winton: OK.
Ms. Haskins: -- an extension of that contract, as well. When we bring the other contracts and we
implement, these contracts will go away.
Chairman Winton: OK, so we need a motion on 17.
Commissioner Sanchez: So moved.
Priscilla A. Thompson (City Clerk): Sir, they're four -fifth.
Chairman Winton: Ah, man. We don't have a -- we don't have -- Commissioner -- where did
Commissioner Regalado go? OK, 17 and 18 will have to wait.
34. AUTHORIZE DIRECTOR OF FINANCE TO PAY RAUL RIVERA AND OLGA
RIVERA $7,500, IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY FOR
CASE OF RAUL RIVERA AND OLGA RIVERA VS. CITY; ALLOCATE FUNDS FROM
SELF-INSURANCE AND INSURANCE TRUST FUND.
Vice Chairman Teele: I move approval of 20.
Chairman Winton: Got it. Need a second. Settlement.
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.
159 July 17, 2003
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-781
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY RAUL RIVERA AND OLGA RIVERA
THE SUM OF $7,500, IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR
THE CASE OF RAUL RIVERA AND OLGA RIVERA VERSUS CITY OF
MIAMI, IN THE CIRCUIT COURT OF THE MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 01-1325 CA (32), UPON EXECUTING RELEASES
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.
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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
35. AUTHORIZE FUNDING OF LAW ENFORCEMENT TRAINING TRUST FUND, AND
ALLOCATE $120,000, FROM LAW ENFORCEMENT TRUST FUND.
Vice Chairman Teele: I move 21.
Chairman Winton: Did we do 21?
Vice Chairman Teele: We did 21a.
Chairman Winton: Oh, OK.
Commissioner Sanchez: Second, 21.
Chairman Winton: Got a motion on 21. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
160 July 17, 2003
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-782
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
FUNDING OF THE LAW ENFORCEMENT TRAINING TRUST FUND, AND
ALLOCATING FUNDS THEREFORE, IN AN AMOUNT NOT TO EXCEED
$120000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT
NUMBER 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY
THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE
STATUTE, CHAPTER 932.7055, AS AMENDED.
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 Joe Sanchez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
36. EXTEND TERM OF PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY
AND OCCUPATIONAL HEALTH SYSTEMS, INC., TO DECEMBER 31, 2003, $162,500,
AND RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY IN
AUTHORIZING OCCUPATIONAL HEALTH SYSTEMS, INC. TO PROVIDE MANAGED
CARE CLAIMS SERVICES FOR DIVISION OF RISK MANAGEMENT; AUTHORIZE
MANAGER TO EXECUTE SECOND AMENDMENT TO AGREEMENT WITH
OCCUPATIONAL HEALTH SYSTEMS, INC. TO IMPLEMENT SAID EXTENSION;
ALLOCATE FUNDS FROM WORKERS' COMPENSATION MISCELLANEOUS
ACCOUNT. (See # 33)
Chairman Winton: Let's go back to 19 or is it 8 --
Commissioner Sanchez: It's 17 and 18.
Vice Chairman Teele: Seventeen and eighteen.
Chairman Winton: Seventeen and eighteen. We need a motion on 17.
Commissioner Sanchez: Well, she's not here now.
Chairman Winton: Who?
161 July 17, 2003
Commissioner Sanchez: Lin -- oh, here she is.
Chairman Winton: She's there.
Commissioner Sanchez: Linda.
Chairman Winton: Yeah, we just need a -- she's already explained this.
Commissioner Sanchez: Linda, so basically you're extending the contract while you guys
negotiate with --
Linda Haskins (Deputy City Manager/Chief Financial Officer): Yes.
Commissioner Sanchez: -- the new provider?
Ms. Haskins: Yes, and we will bring contracts next week to -- for approval.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Regalado: Second.
Chairman Winton: Got a motion and a second on 17. Further discussion? Being none, all in
favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
162 July 17, 2003
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-783
A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE
TERM OF THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF MIAMI AND OCCUPATIONAL HEALTH SYSTEMS, INC
("AGREEMENT") TO DECEMBER 31, 2003, IN AN AMOUNT NOT TO
EXCEED $162,500, AND BY A FOUR/FIFTHS (4/5THS) AFFIRMATIVE
VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY IN AUTHORIZING
OCCUPATIONAL HEALTH SYSTEMS, INC TO PROVIDE MANAGED
CARE CLAIMS SERVICES FOR THE DIVISION OF RISK MANAGEMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SECOND AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH OCCUPATIONAL HEALTH SYSTEMS,
INC, TO IMPLEMENT SAID EXTENSION; ALLOCATING FUNDS FROM
THE WORKERS'S COMPENSATION MISCELLANEOUS ACCOUNT NO.
515001.624401.6.668 TO COVER THE COSTS FOR SERVICES FOR THE
EXTENDED TERM.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
163 July 17, 2003
37. EXTEND TERM OF PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY
AND CORPORATE SYSTEMS, INC. TO DECEMBER 31, 2003, INCREASE MAXIMUM
COMPENSATION BY $72,000, AND RATIFY, APPROVE AND CONFIRM MANAGER'S
FINDING OF EMERGENCY IN AUTHORIZING CORPORATE SYSTEMS, INC. TO
PROVIDE ON-LINE CLAIMS ADMINISTRATION SERVICES FOR DIVISION OF RISK
MANAGEMENT; AUTHORIZE MANAGER TO EXECUTE SECOND AMENDMENT TO
AGREEMENT WITH CORPORATE SYSTEMS, INC. TO IMPLEMENT SAID EXTENSION;
ALLOCATE $72,000, FROM PROFESSIONAL SERVICES ACCOUNT.
Chairman Winton: Eighteen is kind of the -- follows along the same train of thought. Need a
motion.
Commissioner Sanchez: So move.
Commissioner Regalado: Second.
Chairman Winton: Got a motion and a second on 18. 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. 03-784
A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE
TERM OF THE PROFESSIONAL SERVICES AGREEMENT
("AGREEMENT") BETWEEN THE CITY OF MIAMI AND CORPORATE
SYSTEMS, INC. TO DECEMBER 31 2003, INCREASING THE MAXIMUM
COMPENSATION BY $72,000, AND BY A FOUR-FIFTHS (4/5THS)
AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING OF AN EMERGENCY IN AUTHORIZING
CORPORATE SYSTEMS, INC. TO PROVIDE ON-LINE CLAIMS
ADMINISTRATION SERVICES FOR THE DIVISION OF RISK
MANAGEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH CORPORATE
SYSTEMS, INC. TO IMPLEMENT SAID EXTENSION; ALLOCATING
FUNDS, IN AN AMOUNT NOT TO EXCEED $72,000, FROM THE
PROFESSIONAL SERVICES ACCOUNT NO. 515001.624401.6.270.
164 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
38. COMMENTS BY COMMISSIONER REGALADO REGARDING CASE OF RAUL
RIVERA AND OLGA RIVERA VS. CITY NOT HAVING GONE BEFORE ACCIDENT
REVIEW BOARD. (SEE # 34)
Commissioner Regalado: Where is the item, Linda, on health insurance for part-timers?
Commissioner Sanchez: It's coming.
Commissioner Regalado: Do you have it?
Linda Haskins (Deputy City Manager/Chief Financial Officer): It's still being --
Commissioner Sanchez: Still working on it.
Ms. Haskins: --drafted.
Chairman Winton: OK.
Commissioner Regalado: Huh?
Ms. Haskins: It's still being drafted. It will come.
Chairman Winton: OK. Twenty-two, Charter Review Committee, nonvoting --
Commissioner Regalado: Did you all do 20?
Chairman Winton: Yes, we did.
Commissioner Regalado: You did 20?
Chairman Winton: You want to comment on it?
Commissioner Regalado: Yeah, just a comment.
165 July 17, 2003
Chairman Winton: Yes, sir.
Commissioner Regalado: The reason that I object to that is because on the memo from the City
Manager, there was mention that this accident did not went to the Accident Review Board, and
you know, others accident I have seen that they say it went to the Accident Review Board. The
police officer was found guilty. He was taken privilege of using the car for two months, stuff like
that. In this case, I object to that, not because of the amount, but because nothing happened, and
you know, you can rear end anybody and nothing happen. I mean --
John Gallagher: Good afternoon. John Gallagher, Administration Division, assistant chief,
Miami Police Department. You're absolutely right, Commissioner, this should have gone before
the Accident Review Board. This case is at least two years old, maybe even older. It slipped
through the cracks. It's being scheduled. We've also changed the procedures for how these cases
get assigned to the Accident Review Board. It's going to be a more automatic process by the
code that's generated in the computer, rather than waiting for the involved officer's supervisor to
make that notification, so what we're trying to take the human element out of it to make it more
automatic, but you're absolutely correct, it should have gone before now.
Commissioner Regalado: Well, OK. Just that comment.
Chairman Winton: great. Great. Thank you.
Commissioner Regalado: I mean, you watch out, because I read everything.
Chairman Winton: And he does, too.
Assistant Chief Gallagher: I see that. Thank you very much.
Chairman Winton: Yes, he does --
Vice Chairman Teele: Yes, he does.
Chairman Winton: -- and he reads it well.
39. APPOINT IGNACIO ORTIZ AS A MEMBER OF CHARTER REVIEW AND REFORM
COMMITTEE.
Chairman Winton: Item 22, Charter Review. Commissioner Gonzalez, what is the nonvoting
technical advisor nominated by -- Mr. Manager, you've got a -- did we already -- we didn't
appoint a nontechnical --
Priscilla A. Thompson (City Clerk): The Manager gets to make an appointment. We have one
already, but the Manager needs to make one.
Chairman Winton: OK. Madam Manager, are you all prepared to appoint the nonvoting
technical advisor to the Charter Review Committee?
166 July 17, 2003
Linda Haskins (Deputy City Manager/Chief Financial Officer): The nomination of the Manager
is Ignacio Ortiz.
Chairman Winton: OK.
Vice Chairman Teele: So moved.
Commissioner Sanchez: Second.
Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor,
LL "
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. 03-785
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI
CHARTER REVIEW AND REFORM COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
167 July 17, 2003
40. APPOINT GARY APPEL, RAI FERNANDEZ, MERCEDES LAMAZARES, ANTHONY
PARRISH, LOURDES SOLARES, JANE CAPORELLI AND GERALD MARSTON AS
MEMBERS OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD.
Chairman Winton: Item 23. Is this -- is this District 2 or District 5? Oh, this is District 5.
Vice Chairman Teele: Which one is that?
Chairman Winton: The Historic and Environmental Preservation Board. Maybe I'll make a --
Vice Chairman Teele: I would move the --
Chairman Winton: Didn't you make --
Vice Chairman Teele: -- the appointment of Gary Appel.
Commissioner Sanchez: When are we going to do away with some of these boards?
Chairman Winton: Well, this is a newly created one. Did your committee --
Commissioner Sanchez: No, I --
Chairman Winton: -- ever get to meet last (UNINTELLIGIBLE)?
Vice Chairman Teele: No, no, no, no, no.
Priscilla A. Thompson (City Clerk): No, no, no.
Vice Chairman Teele: Is this the --
Ms. Thompson: Twenty-three.
Vice Chairman Teele: Which one are you talking about?
Chairman Winton: This is the historic -- you know, the -- those two new -- I think those two
new boards --
Ms. Thompson: The HEP (Historical and Environmental Preservation) Board.
Chairman Winton: -- that you and I created that -- at least in District 2, it's never met --
Vice Chairman Teele: We didn't.
Ms. Thompson: No. I'm --
Chairman Winton: -- and do you know why it's -- I'm sorry. Yes.
168 July 17, 2003
Ms. Thompson: Are we on 23?
Chairman Winton: Yes.
Ms. Thompson: That's your HEP Board. That's your --
Chairman Winton: Oh.
Ms. Thompson: -- regular citywide board.
Chairman Winton: Sorry about that.
Ms. Thompson: OK.
Chairman Winton: Thank you.
Vice Chairman Teele: I move the appointment of Gary Appel, A -P -P -E -L -L. [sic]
Chairman Winton: We have a motion.
Vice Chairman Teele: Does that require he be a resident of the City?
Chairman Winton: We need a second.
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 motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-786
A MOTION APPOINTING GARY APPEL AS A MEMBER OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD.
169 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Now --
Commissioner Regalado: I'm ready to make an appointment.
Chairman Winton: OK, please.
Commissioner Regalado: I am appointing Rai Fernandez and also Mercedes Lamazares.
Chairman Winton: We have a motion. Need a second.
Commissioner Regalado: We need a waiver for Mercedes Lamazares because she works in the
City of Miami Beach as a Planning director.
Chairman Winton: OK. Need a second.
Commissioner Sanchez: Wait a minute.
Chairman Winton: Joe.
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.
170 July 17, 2003
The following motion was introduced by Vice Chairman Regalado, who moved for its adoption:
MOTION NO. 03-787
A MOTION APPOINTING RAI FERNANDEZ AND MERCEDES
LAMAZARES AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD; FURTHER GRANTING A WAIVER OF
EMPLOYMENT RESTRICTIONS CONTAINED IN SECTION 2-884(e) OF
THE CODE OF THE CITY OF MIAMI, AS SAID RESTRICTIONS PERTAIN
TO THE APPOINTMENT OF MERCEDES LAMAZARES.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Do you have my two names?
Commissioner Sanchez: What item -- what --
Chairman Winton: This is the Historic Preservation Board.
Vice Chairman Teele: Madam Clerk --
Chairman Winton: HEP Board.
Vice Chairman Teele: -- my appointment of --
Chairman Winton: Item 23.
Vice Chairman Teele: -- reappointment of Mr. Appel is in the category of real estate broker, just
for the record.
Chairman Winton: OK. We have a motion. Need a second.
Commissioner Sanchez: Second.
Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye."
171 July 17, 2003
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-788
A MOTION CLARIFYING THAT GARY APPEL IS APPOINTED TO THE
REAL ESTATE BROKER CATEGORY OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Madam Clerk, could -- yes, ma'am.
Ms. Thompson: Chairman Winton, your incumbent is Anthony Parrish, and your other citizen
individual Haroldson did not apply, and you can only have to make -- you can only make your
appointments from those who apply.
Chairman Winton: OK, so I'll nominate Andy Parrish. Could you make that motion,
Commissioner Teele?
Vice Chairman Teele: So moved.
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. The motion carries.
172 July 17, 2003
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-789
A MOTION APPOINTING ANTHONY PARRISH AS A MEMBER OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: And Joe, you're not happy.
Commissioner Sanchez: I just -- listen, I honestly think that we need to, you know, find out the
boards that aren't meeting. I know that I have.
Chairman Winton: Well, this board isn't -- I made a misstatement. This board --
Vice Chairman Teele: This board meets.
Chairman Winton: -- meets routinely.
Commissioner Regalado: No, this board meets all the time.
Commissioner Sanchez: Well, I understand that --
Chairman Winton: Yeah, yeah, yeah.
Commissioner Sanchez: -- but --
Chairman Winton: And as of --
Commissioner Sanchez: -- before we continue, at the end of this discussion of appointing, I
think that we should seriously consider looking at abolishing some of these boards. There are a
lot of these boards that don't meet, and it's hard to get quorums, and you can't get people to -- you
know, you appoint them and they don't show up. I mean -- and then, you know, we constantly
have to be looking for people to appoint them, so I mean --
173 July 17, 2003
Chairman Winton: OK, so anyhow, are you going to appoint somebody here or not?
Commissioner Sanchez: What -- where are we at?
Chairman Winton: You're on Item 23. This board meets all the time.
Commissioner Sanchez: Hold on. Let me just --
Chairman Winton: It's a very active board.
Commissioner Sanchez: Who's my appointment there?
Chairman Winton: Madam Clerk.
Ms. Thompson: Currently, you have Lourdes Solera and Jane --
Commissioner Sanchez: I would like to reappoint her.
Ms. Thompson: -- and then Jane Caporelli.
Commissioner Sanchez: Yes, I would like to reappoint both of my appointees.
Vice Chairman Teele: Second the motion.
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 Sanchez, who moved for its adoption:
MOTION NO. 03-790
A MOTION APPOINTING LOURDES SOLARES AND JANE CAPORELLI
AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD.
174 July 17, 2003
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, Jr.
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Vice Chairman Teele: I would also like to reappoint Gerald Marston as the landscape architect.
Chairman Winton: Got a motion. Need a second on that.
Commissioner Sanchez: Second.
Chairman Winton: Motion, 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 Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-791
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS
DESIGNATED HEREIN.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
175 July 17, 2003
41. APPOINT LEE COHEN AND LUIS PALOMO AS MEMBERS OF ARTS AND
ENTERTAINMENT COUNCIL.
Chairman Winton: Item 24 is Miami Arts and Entertainment Council. Commissioner Regalado.
Commissioner Regalado: Lee Cohen.
Chairman Winton: I'm sorry?
Commissioner Regalado: Lee Cohen --
Commissioner Sanchez: Second.
Commissioner Regalado: -- my appointment.
Chairman Winton: Oh, OK. Motion, 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 NO. 03-792
A MOTION APPOINTING LEE COHEN AS A MEMBER OF THE CITY OF
MIAMI ARTS AND ENTERTAINMENT COUNCIL.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Commissioner Teele.
Vice Chairman Teele: Nothing at this time.
Chairman Winton: Commissioner Sanchez.
176 July 17, 2003
Commissioner Sanchez: I believe that's Luis Palomo, if I'm not mistaken, Madam Clerk?
Priscilla A. Thompson (City Clerk): Yes, that's correct.
Commissioner Sanchez: I would so move to reappoint Luis Palomo.
Chairman Winton: Motion, second. Commissioner Regalado.
Commissioner Regalado: Second.
Chairman Winton: 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. 03-793
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI ARTS
AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED
HEREIN.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
42. APPOINT ELDRED F. GARCIA AS MEMBER OF COMMUNITY TECHNOLOGY
ADVISORY BOARD.
Chairman Winton: Item 25. Celebration Republic of Haiti Bicentennial.
Vice Chairman Teele: Temporarily pass it.
Chairman Winton: I'm sorry?
177 July 17, 2003
Vice Chairman Teele: Go to the next one.
Chairman Winton: Go to the next one.
Commissioner Sanchez: Hold on.
Chairman Winton: Twenty-six, members --
Commissioner Regalado: Who do you want to appoint here?
Chairman Winton: I'm sorry?
Commissioner Regalado: Who do you want to appoint to make a motion -- so I can make a
motion?
Chairman Winton: Oh, OK. Do I have someone? Yes, I do.
Priscilla A. Thompson (City Clerk): Yes.
Chairman Winton: Is that 26? Alfred Garcia. It says Eldred.
Commissioner Regalado: I'll move that Alfred Garcia be appointed to the Community
Technology Advisory --
Chairman Winton: I'm sorry. It's Eldred --
Commissioner Regalado: Huh?
Chairman Winton: Eldred --
Commissioner Regalado: Eldred --
Chairman Winton: -- Garcia.
Commissioner Regalado: -- Garcia.
Chairman Winton: OK. Got a motion.
Vice Chairman Teele: Second.
Chairman Winton: Need a second. God a second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
178 July 17, 2003
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 03-794
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
INDIVIDUAL AS MEMBER OF THE COMMUNITY TECHNOLOGY
ADVISORY BOARD FOR A TERM AS 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
43. APPOINT LOTTIE PERSON, ALBENA SUMNER, ROBERT MCCABE, JOE WILKINS,
LENNY GOLDSTEIN, GARY HUNT, PENNY LAMBETH, AND PETER OSTROWSKY AS
MEMBERS OF COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT.
Chairman Winton: Twenty-seven is Committee on Beautification and Environment.
Commissioner Regalado: We didn't get all these -- they're asking for a waiver of the eight years,
but we did that already.
Chairman Winton: Yeah, we did.
Commissioner Regalado: Because most of these members have been there forever.
Chairman Winton: For a long time, and they came before us and said, "Look, give us some
resources and we'll help you." Yes, ma'am.
Priscilla A. Thompson (City Clerk): Out of -- Commissioners, just to report, out of the names
that were turned in by the chairperson, we had nine individuals who had already served their
eighth year, so that if you want to reappoint them, you will have to exercise that --
Vice Chairman Teele: That's what he just said.
Ms. Thompson: -- unanimous waiver.
179 July 17, 2003
Chairman Winton: He just said that.
Ms. Thompson: OK.
Chairman Winton: OK, so -- am I nominating Lottie Person, is that what you've got here?
Commissioner Teele, could you nominate Lottie Person for me?
Vice Chairman Teele: Who?
Chairman Winton: Lottie Person.
Vice Chairman Teele: Move Lottie Person.
Chairman Winton: What are you waiving at? No.
Ms. Thompson: If we're working on 27, it's a unanimous vote of the Commission, correct,
Attorney?
Alejandro Vilarello (City Attorney): I believe it's unanimous vote of the entire Commission, not
Chairman Winton: Oh, not --
Mr. Vilarello: -- just of those present.
Vice Chairman Teele: For the waiver. Just for the waiver.
Mr. Vilarello: For the waiver.
Chairman Winton: OK, but Lottie Person isn't going to be that waiver.
Vice Chairman Teele: A new person, isn't it?
Chairman Winton: Yeah. OK, so we have a motion and a second on Lottie Person. All in favor,
LL "
aye.
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-795
A MOTION APPOINTING LOTTIE PERSON AS A MEMBER OF THE
COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT.
180 July 17, 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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Chairman Winton: And I guess that's all we can vote on at this --
Vice Chairman Teele: Why?
Chairman Winton: Because we have to -- the other eight all require -- the other nine all require
the five -member waiver.
Ms. Thompson: There are other ones that were nominated who you can vote on at this point.
Chairman Winton: Oh, there are? OK. Does anyone else have one?
Vice Chairman Teele: Albena Sumner.
Chairman Winton: Motion. Second, Commission --
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-796
A MOTION APPOINTING ALBENA SUMNER AS A MEMBER OF THE
COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT.
181 July 17, 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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Sanchez: (INAUDIBLE).
Chairman Winton: Yes.
Vice Chairman Teele: Robert McCabe and Penny Lambert.
Commissioner Sanchez: Second (INAUDIBLE)
Chairman Winton: OK. Motion, 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 Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-797
A MOTION APPOINTING ROBERT McCABE AS A MEMBER OF THE
COMMITTEE ON BEAUTIFICATION AND THE ENVIRONMENT.
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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Chairman Winton: Thank you. Next. Anybody else?
182 July 17, 2003
Commissioner Sanchez: Joe Wilkins, so move.
Vice Chairman Teele: Second.
Chairman Winton: Motion, second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-798
A MOTION APPOINTING JOE WILKINS AS A MEMBER OF THE
COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT.
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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Vice Chairman Teele: How many people can we appoint, total?
Chairman Winton: Madam Clerk.
Commissioner Sanchez: Up to 50?
Ms. Thompson: There was a total of 15, meaning all the ones that they've turned in.
Vice Chairman Teele: Well, why don't we just move everybody that wants to serve?
Chairman Winton: Yeah.
Vice Chairman Teele: I mean --
Ms. Thompson: Because you can do that, move everyone, except those who are --
183 July 17, 2003
Chairman Winton: OK, make that motion.
Ms. Thompson: -- are listed who have already served eight years, you'd have to come back and
do a unanimous vote on those.
Chairman Winton: OK, make the motion, Commissioner Teele, all those who want to serve --
Vice Chairman Teele: I move all persons who do not require a unanimous vote, so move, that
are nominated.
Commissioner Sanchez: Second. Does that include the ones that have served more than eight
years?
Chairman Winton: No, no --
Vice Chairman Teele: No.
Chairman Winton: -- we can't because that requires five. This motion is only for those that don't
Vice Chairman Teele: (INAUDIBLE) require five.
Chairman Winton: -- get (UNINTELLIGIBLE) -- yeah, because the ones that are over eight
years require --
Commissioner Sanchez: All right.
Chairman Winton: -- all five Commissioners.
Commissioner Sanchez: Second the motion.
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 Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-799
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMITTEE ON
BEAUTIFICATION AND ENVIRONMENT FOR TERMS AS DESIGNATED
HEREIN.
184 July 17, 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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Vice Chairman Teele: Mr. Attorney, does it require a unanimous consent or five affirmative
votes?
Commissioner Sanchez: Five affirmative votes.
Mr. Vilarello: I believe it was unanimous consent of all five -- of the entire City Commission.
Chairman Winton: I think so, too.
Vice Chairman Teele: No, no, no.
Chairman Winton: I think that's what it was.
Commissioner Sanchez: Yes.
Vice Chairman Teele: That's two different answers. Does it require a unanimous consent of the
Commission that is voting or does it require five affirmative votes?
Mr. Vilarello: I understand the difference. It requires five -- the members of the City
Commission voting unanimously.
Vice Chairman Teele: So it requires five affirmative votes?
Mr. Vilarello: Yes, sir.
Vice Chairman Teele: Was that my language?
Mr. Vilarello: Yes, sir, it sure was.
Vice Chairman Teele: That's terrible.
Chairman Winton: Well, we supported it, though, by the way.
Vice Chairman Teele: Well, it's designed --
185 July 17, 2003
Commissioner Sanchez: And we can't do it today because there's one missing.
Vice Chairman Teele: -- to make -- no, it's designed to make sure that nobody sneaks something
through, but --
Chairman Winton: Exactly, exactly. OK.
Vice Chairman Teele: I mean, people who want to be served ought to be given the opportunity
to serve. I would hope that the Clerk or someone would indicate to the people, by letter, that
their name is under consideration, and because there was not a unanimous presence, that -- you
know, I don't want someone to hear that somebody was appointed and they weren't because
unintended consequences can happen.
Chairman Winton: Item 28, Commissioner Teele. Parks Advisory Board.
Vice Chairman Teele: Who is my appointee to that?
Ms. Thompson: Currently, Sam Johnson was previous selected, but now you -- he must -- you --
now need a replacement or you can reappoint him.
Vice Chairman Teele: He was previously elected. They changed that process --
Ms. Thompson: Correct.
Vice Chairman Teele: -- didn't they?
Ms. Thompson: Yes.
Vice Chairman Teele: This is a board that was previously elected, and then we stopped electing
them and going to an appointed, is that correct?
Ms. Thompson: That's correct.
Vice Chairman Teele: And everybody else has made their appointments?
Ms. Thompson: That's correct.
Vice Chairman Teele: I --
Commissioner Sanchez: We got to do away with some of these boards.
Vice Chairman Teele: Schedule this for the next meeting. Huh?
Commissioner Sanchez: We got to do away with some of these boards.
186 July 17, 2003
Vice Chairman Teele: Yeah.
Chairman Winton: Well, I agree wholeheartedly. OK. Did you make a motion?
Vice Chairman Teele: No. I want to carry that over to the next.
44. APPOINT JAMES MOSS AS MEMBER OF NUISANCE ABATEMENT BOARD.
Chairman Winton: OK, so Item 29. This is the Nuisance Abatement Board. This board is very
important, and it's going to have a lot of work to do soon, so we need you all to get your
appointments.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Sanchez: I would defer my appointment of Robert Valledor, who has served
more than eight years, and unfortunately, we need a unanimous vote.
Chairman Winton: So, we'll bring that back next time.
Vice Chairman Teele: I appoint James -- do I have an appointment? Do I have an appointment
here?
Priscilla A. Thompson (City Clerk): You do.
Vice Chairman Teele: I appoint Mr. James Moss.
Chairman Winton: Motion, second.
Commissioner Sanchez: Second.
Chairman Winton: 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. 03-800
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE
ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN.
187 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
45. APPOINT YVES FORTUNE, CAROLYN COPE, AND MAUD NEWBOLD AS
MEMBERS OF MIAMI STREET CODESIGNATION REVIEW COMMITTEE.
Chairman Winton: Item 30, Street Codesignation Review Committee. Get rid of that one.
Commissioner Regalado: I have an appointment.
Chairman Winton: You do?
Commissioner Regalado: Yes.
Chairman Winton: OK.
Commissioner Regalado: Yves Fortune.
Chairman Winton: Got a motion. Need a second.
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. 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. 03-801
A MOTION APPOINTING YVES FORTUNE AS A MEMBER OF THE
MIAMI STREET CODESIGNATION REVIEW COMMITTEE.
188 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Commissioner Sanchez.
Commissioner Sanchez: No, no appointment.
Chairman Winton: No. Is Carolyn Cope over the eight-year deal?
Ms. Thompson: No, she's fine.
Chairman Winton: OK. Commissioner Teele, could you appoint Carolyn Cope on my --
Vice Chairman Teele: So moved.
Commissioner Regalado: Second.
Chairman Winton: Got a motion, second. All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-802
A MOTION APPOINTING CAROLYN COPE AS A MEMBER OF THE
MIAMI STREET CODESIGNATION REVIEW COMMITTEE.
189 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Commissioner Teele.
Vice Chairman Teele: Maud Newbold.
Chairman Winton: Motion, second. Joe, second.
Commissioner Sanchez: Second. What item?
Vice Chairman Teele: Thirty. Item Number 30.
Chairman Winton: Commissioner Teele's appointee to 30.
Commissioner Sanchez: Thirty.
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 Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-803
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET
CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED
HEREIN.
190 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
46. DIRECT CITY ATTORNEY TO DRAFT APPROPRIATE LEGISLATION TO ABOLISH
(1) DISTRICT FIVE HISTORIC PRESERVATION ADVISORY BOARD, ESTABLISHED
BY ORDINANCE NO. 12077; (2) DISTRICT TWO HISTORIC PRESERVATION
ADVISORY BOARD, ESTABLISHED BY ORDINANCE NO. 12086; AND (3) DISTRICT
THREE HISTORIC PRESERVATION ADVISORY BOARD, ESTABLISHED BY
ORDINANCE NO. 12234.1.
Chairman Winton: Item 31.
Vice Chairman Teele: Move to abolishment of Items 31 and 32 committees.
Chairman Winton: Need a second on that.
Commissioner Sanchez: Thirty-one -- wait.
Chairman Winton: That's the two Historic Preservation Advisory --
Commissioner Sanchez: Second.
Chairman Winton: -- boards for District 2 and District 3 --
Commissioner Sanchez: Second.
Chairman Winton: -- and by the way, part of the reason why we're being forced to do this is
because we could never get any City staff to man these committees and help the volunteers make
anything happen, which, if I get a whole flood of calls back from people, we're going to be
rethinking this. We have a motion and a second. Yes, ma'am.
Priscilla A. Thompson (City Clerk): I'm sorry, sir. I heard on Item 31, which would be District
5, Item 32, district two. Did I also here District 3?
Chairman Winton: No.
Commissioner Sanchez: No.
191 July 17, 2003
Chairman Winton: There's only two of these.
Ms. Thompson: Thank you.
Commissioner Sanchez: District 3 --
Chairman Winton: OK.
Commissioner Sanchez: -- doesn't have one.
Chairman Winton: No. These are the --
Commissioner Sanchez: We do?
Chairman Winton: -- only two there are.
Commissioner Sanchez: Move to abolish District 3 also.
Chairman Winton: Oh.
Commissioner Sanchez: Get rid of all of them.
Chairman Winton: OK, so it's --
Vice Chairman Teele: Second.
Chairman Winton: We got a motion and a second. 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:
MOTION NO. 03-804
A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT
APPROPRIATE LEGISLATION TO ABOLISH
(1) THE
DISTRICT
FIVE
HISTORIC PRESERVATION ADVISORY
BOARD,
WHICH
WAS
ESTABLISHED BY ORDINANCE NO. 12077;
(2) THE
DISTRICT
TWO
HISTORIC PRESERVATION ADVISORY
BOARD,
WHICH
WAS
ESTABLISHED BY ORDINANCE NO. 12086;
AND (3)
THE DISTRICT
THREE HISTORIC PRESERVATION ADVISORY BOARD, WHICH
WAS
ESTABLISHED BY ORDINANCE NO. 12234.1.
192 July 17, 2003
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, Jr.
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
47. APPOINT JOY INTRIAGO, MONICA FERNANDEZ, RICHARD BERKOWITZ AND
ANGELA FREDERICK AS MEMBERS OF MIAMI AUDIT ADVISORY COMMITTEE.
Chairman Winton: Thirty-three, Audit Advisory Committee.
Commissioner Sanchez: Don't do away with that one, though.
Chairman Winton: No. Commissioner Teele, would you reappoint Joy Intriago for me? I mean,
make --
Vice Chairman Teele: So move --
Commissioner Regalado: Second.
Vice Chairman Teele: -- the reappointment of --
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 motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 03-805
A MOTION APPOINTING JOY INTRIAGO AS A MEMBER OF THE MIAMI
AUDIT ADVISORY COMMITTEE.
193 July 17, 2003
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Yes, sir, Commissioner Sanchez.
Commissioner Sanchez: I would like to reappoint Monica Fernandez, so move.
Commissioner Regalado: Second.
Vice Chairman Teele: Second.
Chairman Winton: 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. 03-806
A MOTION APPOINTING MONICA FERNANDEZ AS A MEMBER OF THE
MIAMI AUDIT ADVISORY COMMITTEE.
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, Jr.
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Commissioner Regalado.
194 July 17, 2003
Commissioner Regalado: Richard Berkowitz.
Chairman Winton: Need a second.
Vice Chairman Teele: Second.
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-807
A MOTION APPOINTING RICHARD BERKOWITZ AS A MEMBER OF THE
MIAMI AUDIT ADVISORY COMMITTEE.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Commissioner Teele.
Vice Chairman Teele: Angela Frederick.
Chairman Winton: Second. Let's go.
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
195 July 17, 2003
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-808
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI AUDIT
ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
48. APPOINT LAURINUS PIERRE AS MEMBERS OF BAYFRONT PARK
MANAGEMENT TRUST.
Chairman Winton: Thirty-four, Bayfront Park Management Trust, Commissioner Sanchez and
Commissioner Teele, each of you.
Commissioner Sanchez: I would like to defer my appointment.
Chairman Winton: Commissioner Teele.
Vice Chairman Teele: Had -- did the Mayor appoint my appointment?
Priscilla A. Thompson (City Clerk): Just let me check for you -- no. His term actually expired
May 4. That's Mr. Pierre?
Vice Chairman Teele: Yeah, but I thought the Mayor was going to appoint him, they said.
Ms. Thompson: Just let me check. We -- the Mayor does not get an appointment to this
particular board, so you --
Vice Chairman Teele: All right. I would appoint Mr. Pierre, if it's satisfactory to you?
Commissioner Sanchez: Yes, sir.
196 July 17, 2003
Vice Chairman Teele: So move.
Chairman Winton: So move --
Commissioner Sanchez: Second.
Chairman Winton: Got a motion --
Commissioner Regalado: Second.
Chairman Winton: -- 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 Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-809
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
49. AUTHORIZE MANAGER TO ISSUE REVOCABLE LICENSE TO SOUTH FLORIDA
WATER MANAGEMENT DISTRICT FOR TEMPORARY USE OF AND ACCESS TO
SPRING GARDENS POINT PARK, LOCATED AT 601 N.W. 7 STREET ROAD FOR
PURPOSE OF INSTALLING WATER MONITORING WELL IN ADJACENT MIAMI
RIVER AND CONSTRUCTING PEDESTRIAN ACCESS RAMP TO SAID WELL.
Chairman Winton: Thirty-six has already been done. Thirty-seven. Thirty-eight, is there a
discussion on cleaning canals? What's that?
Commissioner Sanchez: We've deferred this, the financial update --
197 July 17, 2003
Commissioner Regalado: We have the --
Commissioner Sanchez: -- for quite some time.
Commissioner Regalado: -- South Florida Water Management executive director here.
Vice Chairman Teele: When did he slip in?
Commissioner Regalado: Huh?
Chairman Winton: Where are we, I'm sorry? I lost my --
Commissioner Regalado: Water -- waterway --
Chairman Winton: Yeah. Are we going to get a report on discussion concerning cleaning --
citywide cleaning of canals and waterways? Madam Manager.
Commissioner Regalado: Mr. Fuentes was here from South Florida Water Management. He
was -- oh, he's there.
Chairman Winton: Is he -- hey, how you doing? Are you giving the report --
Jose Fuentes: No. What is this --
Chairman Winton: -- or are you just here to -- I'm sorry?
Mr. Fuentes: -- report on? I'm sorry?
Chairman Winton: I'm sorry?
Mr. Fuentes: What is the report concerning? We're -- I'm here for an item -- another item on
the agenda.
Chairman Winton: Oh, you are? OK.
Vice Chairman Teele: On which item?
Chairman Winton: Well, this is Item 38. It's a --
Vice Chairman Teele: Which item are you here on?
Mr. Fuentes: It's a pocket item, actually.
Chairman Winton: A pocket item?
198 July 17, 2003
Mr. Fuentes: Yeah.
Vice Chairman Teele: All right.
Chairman Winton: A pocket item that --
Vice Chairman Teele: With your permission --
Chairman Winton: Is this a pocket item to clean all of our canals and waterways?
Mr. Fuentes: No, no, no, no, no..
Chairman Winton: Huh?
Mr. Fuentes: Not at all.
Alejandro Vilarello (City Attorney): Mr. Chairman.
Chairman Winton: Ah man --
Mr. Fuentes: -- Mr. Chairman.
Chairman Winton: -- that's the pocket item we need.
Mr. Vilarello: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Regalado: Well, why don't you do it?
Vice Chairman Teele: Mr. Chairman, with your permission, I would like to read a pocket item
relating to the South Florida Water Management District.
Chairman Winton: OK.
Mr. Fuentes: Thank you, Commissioner.
Chairman Winton: Yes, you may.
Vice Chairman Teele: A resolution of the City Commission, with attachments, authorizing the
City Manager to issue a revocable license in a substantially attached form to the South Florida
Water Management District for the temporary use and access of the Spring Garden Point Park,
located at 601 Northwest 7th Street Road, Miami, Florida, for the purpose of installing a water
monitoring well in the adjacent Miami River, and constructing a pedestrian access ramp to the
well. I would so move.
199 July 17, 2003
Chairman Winton: Need a second.
Commissioner Sanchez: Second.
Vice Chairman Teele: And I would like to put on the record that I received an e-mail from the
president or the spokesperson, Mr. Ernie Martin, from the Spring Garden Association
indicating they have no objection to this temporary use. Is that correct?
Mr. Fuentes: Yes, sir.
Chairman Winton: And what's -- and how is temporary defined?
Vice Chairman Teele: How long are you --
Mr. Fuentes: Temporary is defined as rainy season --
Vice Chairman Teele: Rainy season.
Mr. Fuentes: -- in the case of this resolution. Right.
Chairman Winton: Oh, OK.
Mr. Fuentes: Right. We're collecting data for rainy season to understand a little bit more of
the (UNINTELLIGIBLE).
Chairman Winton: OK.
Priscilla A. Thompson (City Clerk): I'm sorry, sir.
Mr. Vilarello: Mr. Chairman.
Ms. Thompson: Can I get your name?
Chairman Winton: Oh, I'm sorry. Yes.
Mr. Fuentes: I'm sorry.
Chairman Winton: Name and address.
Mr. Fuentes: Jose Fuentes, South Florida Water Management District.
Mr. Vilarello: Mr. Chairman.
Chairman Winton: Yes --
Mr. Vilarello: The --
200 July 17, 2003
Chairman Winton: --so --
Mr. Vilarello: It is a --
Chairman Winton: I'm sorry.
Mr. Vilarello: -- revocable -- I'm sorry.
Chairman Winton: Yeah, go ahead, please.
Mr. Vilarello: It's a revocable license that's going to be revoked on 30 day's notice. We
anticipate the rainy season to run through November.
Mr. Fuentes: That is correct.
Mr. Vilarello: There is a requirement in the Code for a public notice of -- for the use of land.
The exigency or the circumstances don't permit us to comply with that requirement. We can
proceed or advertise at a future date notice to the public, however the Commission wishes to
proceed.
Vice Chairman Teele: Well, I would prefer that you do a notice of action and indicating that if
any person has an objection, they should come forth on a date certain, like the second meeting
in September, and give us enough time and give them an e-mail address that they can make
their comments, but I think it's important that we at least comply by providing notice, and that
was why I put in the record that we had received permission from the representative of the
homeowners association because that was my hang up of making sure we had contacted them.
Mr. Fuentes: Yeah --
Chairman Winton: OK.
Mr. Fuentes: -- and they had been very cooperative, by the way.
Chairman Winton: I'm sorry?
Mr. Fuentes: The Spring Garden Homeowners' Association, especially their representative,
Ernie Martin, has been very helpful and very supportive of this effort, so --
Chairman Winton: OK. Got a motion and a second. Discussion?
Commissioner Sanchez: Second.
Chairman Winton: Being none, all in favor, "aye."
The Commission (Collectively): Aye.
201 July 17, 2003
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-810
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE A
REVOCABLE LICENSE, IN SUBSTANTIALLY THE ATTACHED FORM,
TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
("SFWMD") FOR THE TEMPORARY USE OF AND ACCESS TO SPRING
GARDENS POINT PARK, LOCATED AT 601 N.W. 7 STREET ROAD,
MIAMI, FLORIDA, FOR THE PURPOSE OF INSTALLING A WATER
MONITORING WELL IN THE ADJACENT MIAMI RIVER AND
CONSTRUCTING A PEDESTRIAN ACCESS RAMP TO SAID WELL.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Mr. Fuentes: Thank you, Commissioners.
Chairman Winton: Thank you.
Commissioner Sanchez: Thank you.
Vice Chairman Teele: Normally, pocket items are taken up at the end of the meeting, which
tonight will be about 9:30, 10 o'clock, so --
Mr. Fuentes: You're the best. You're all the best.
Vice Chairman Teele: You can thank Commissioner Regalado.
Mr. Fuentes: Thank you, Commissioner Regalado.
Commissioner Regalado: And I just have to say that since Mr. Fuentes is there at the South
Florida Water Management, we have gotten a better response than in the past, and he has a lot
202 July 17, 2003
of experience in when dealing with people coming from Tallahassee and all the state
legislatures and Senators that he work with, so Jose.
Mr. Fuentes: Thank you, and we want to keep that good relationship, and so in whatever way
we can help, you always have our number, and we're here to assist the City. Thank you.
Joe Arriola (City Manager): And, you know --
Chairman Winton: If it -- yes.
Mr. Arriola: -- I just want to --
Commissioner Regalado: Just remember to open --
Mr. Arriola: -- recognize what a great job they've done.
Commissioner Regalado: -- on time when it rains.
Mr. Fuentes: Open the gate. I'm going to give you all the keys so you can open the gate any
time.
Commissioner Regalado: Yeah, please, please.
Chairman Winton: OK. If y'all --
Vice Chairman Teele: Give us keys to the monitoring (UNINTELLIGIBLE).
50. APPROVE WITH CONDITIONS, MAJOR USE SPECIAL PERMIT FOR NEO
VERTIKA PROJECT, TO BE COMPRISED OF MIXED-USE/RESIDENTIAL BUILDING
WITH UP TO 443 UNITS, 24,000 SQUARE FEET OF COMMERCIAL USE;
RECREATIONAL AMENITIES AND 575 PARKING SPACES AT 690 SW 1sT AVENUE.
(Applicant(s): Fomack Realty Corporation).
Chairman Winton: If y'all don't mind, I'm going to go --
Mr. Fuentes: Monitoring also. Thank you.
Chairman Winton: -- we're going to do blue pages later. I'm going to go to P&Z (Planning &
Zoning); we've got a lot of people here, so --
Commissioner Regalado: OK.
Chairman Winton: -- I'm going to see if we can get this -- the P&Z agenda knocked out, so --
Commissioner Sanchez: P&Z?
203 July 17, 2003
Chairman Winton: Yes.
Commissioner Sanchez: OK.
Chairman Winton: Planning and Zoning. PZ.1 --
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 1.
Chairman Winton: -- and where's my --
Ms. Slazyk: For the record, Lourdes Slazyk --
Chairman Winton: Hold on.
Ms. Slazyk: -- Planning and Zoning Department.
Chairman Winton: Lourdes, hold on. We need to swear in -- and I need my book. I don't
have any P&Z book. Yes, ma'am, Madam Clerk.
Priscilla A. Thompson (City Clerk): For those of you present, if you are going to be speaking
on any of the P&Z items, I need you to please stand and raise your right hand so that we can
swear you in. I'm sorry. Is there anyone here that speaks either Spanish or Creole that needs
an interpretation?
The City Clerk administered oath required under City Code Section 62-1 to those persons
giving testimony on zoning issues.
Ms. Thompson: Thank you.
Chairman Winton: OK.
Ms. Slazyk: OK. Again, for the record, Lourdes Slazyk, Planning and Zoning Department.
PZ.1 is a Major Use Special Permit for the Neo Vertika project, located at approximately 690
Southwest 1st Avenue. This is a riverfront site along 1st Avenue with SD -7 zoning. The
proposal is for 443 residential units, with 24,000 square feet of commercial use, recreational
amenities, and 575 parking spaces. This project was recommended for approval by the
Planning Advisory Board; the Urban Development Review Board for design review, and the
Planning and Zoning Department recommends approval. The project is going to benefit the
City by creating new housing opportunities in the Central Brickell area, with ground floor
commercial uses that open up to the river and the street. The property is located on the river,
and it creates a new in -town housing that you're going to see in the presentation from the
architect that is a loft -type project with the amenities, and the river -- the activation of the
river. It also has convenient access to the People Mover for efficient use of existing mass
transit systems. The Department is recommending approval with the conditions of the Major
Use Special Permit, the primary one being their temporary construction plan. It is a tight site
and they're going to have to work very closely with the NET (Neighborhood Enhancement
204 July 17, 2003
Team) Office to make sure the construction activity and the construction parking doesn't
adversely affect the neighborhood while it's under construction. Otherwise, the design is -- it's
amazing. You'll see -- you know, you'll see it through your book. It's something that we've
worked closely with the applicant to get to this point, and we're very happy to recommend
approval.
Chairman Winton: Is there anyone from the public in opposition to this item? Is there -- I
know, but I can speed it up. Is there opposition to this item? OK. Vicky --
Vicky Garcia -Toledo: Yes, sir.
Chairman Winton: -- I don't see any opposition, so --
Ms. Slazyk: One correction.
Ms. Garcia- Toledo: At your pleasure, Commissioner.
Ms. Slazyk: Let me just get one correction for the record. It's 627 parking spaces. This was
an old number. It's updated, which is better.
Ms. Garcia- Toledo: More parking.
Chairman Winton: You're on.
Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at Wachovia Center,
25th Floor. I am before you today on the Neo Vertika project. We come to you, as Ms.
Slazyk has stated, with approvals from City staff, Urban Design Review Board, Planning
Advisory Board, and the River Commission. Bret, would you like to address that?
Chairman Winton: And the what? I didn't hear you.
Ms. Garcia -Toledo: The River Commission has also recommended approval, and Bret Bibeau
is here if you would like to hear from him. We are prepared to make a full presentation. Mr.
Revuelta, who designed this project, is also here, and we will proceed at your pleasure, Mr.
Chair.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I move approval.
Chairman Winton: We have a motion --
Commissioner Sanchez: Second.
205 July 17, 2003
Chairman Winton: -- and a second. This is a public hearing --
Vice Chairman Teele: If there's someone here in opposition --
Chairman Winton: Right.
Vice Chairman Teele: -- I'd like to hear from them.
Chairman Winton: I agree.
Vice Chairman Teele: -- from them.
Chairman Winton: Agree. This is a public hearing. Anyone from the public would like to
speak on PZ Item Number P Anyone from the public would like to speak on PZ Item
Number P Being none, we'll close the public hearing. Discussion.
Commissioner Sanchez: Discussion. Would you elaborate on what you're doing to preserve
and extend the river walk?
Ms. Garcia -Toledo: Absolutely. This project actually, not only satisfies all your legal
requirements in the Code when it comes to the river walk and the activity next to the river, but
the developer and the architect have gone to great lengths to activate the river frontage by
adding an outdoor -- a restaurant with indoor and outdoor sitting directly fronting the river
walk at ground level. They have also designed the building in such a form that the top of the
recreation deck has a direct opening so that the residents in the recreation deck activity also
has access and views of the Miami River and can be activated with views. Also, the entire
parking garage has been platted with units so that the view from the building and from the
river will be active participation of everyday life.
Chairman Winton: OK. Any other discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
206 July 17, 2003
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-811
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING
ORDINANCE NO. 11000, FOR THE NEO VERTIKA PROJECT, TO BE
LOCATED AT APPROXIMATELY 690 SOUTHWEST IST AVENUE,
MIAMI, FLORIDA, TO BE COMPRISED OF A MIXED-USE/RESIDENTIAL
BUILDING WITH UP TO 443 UNITS, 24,000 SQUARE FEET OF
COMMERCIAL USE; RECREATIONAL AMENITIES AND 627 PARKING
SPACES; DIRECTING TRANSMITTAL; 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 Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Ms. Garcia -Toledo: Thank you, sirs.
Chairman Winton: Thank you for the wonderful presentation.
51. 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 3179, 3181 AND 3185 SW 22ND TERRACE (Applicant(s): Coral Way
Development Co. and FG Partners, Inc.)
Chairman Winton: Mr. Manager, someone -- did someone from the Manager's Office ask that
we jump to PZ. 11? I mean, I hope there's a good reason. I -- because everybody's got people
here for all these PZ (Planning & Zoning) items, so -- OK. PZ.2.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs.2, 3 and 4 are actually companion
items. It's for a land use and zoning change in conjunction with a Major Use Special Permit for
the Midtown Lofts project. You'll be voting on them separately, but I wanted to explain that they
207 July 17, 2003
were all together because, like the Torres, which you remember came to you a while back, the
zoning and land use on this item changed. The amendments didn't really make sense unless it
was in conjunction with a project like this, so since the Major Use Special Permit allows for the
zoning and land use change to be incorporated within the Major Use, it's a way for us to be able
to do design review of the project and put conditions on its implementation through the Major
Use in order to satisfy any concerns we may have about the zoning and land use change, so you'll
see that this Major Use Special Permit as a condition that it be, you know, per these plans on file,
and any changes would have to come back to the City Commission. Therefore, on Item PZ.2,
which is the land use change, the Department recommends for approval. It was also
recommended for approval by the Planning Advisory Board. I don't know if you want to vote on
them separately. I guess you have to, so 2 is the land use change from duplex to restricted
commercial. For the record, this is 3179, 3181, and 3185 Southwest 22nd Terrace. This is just
off of Coral Way, near 32nd Avenue.
Chairman Winton: Is this in Commissioner Regalado's district or mine? I mean, it's real close.
Commissioner Sanchez: Regalado's district.
Ms. Slazyk: Yes, it's Commissioner Regalado.
Chairman Winton: And the one question, regardless of whose district it is in, I want to have a
pretty clear understanding -- and I think I'm seeing it, and I think the answer is now obvious from
the renderings, which wasn't obvious in here, and that was how we're protecting the single-
family homes that will be either behind or directly across the street, so if y'all could explain that
and -- so I could have a clearer understanding of that.
Ms. Slazyk: Yes.
Chairman Winton: That was my principal issue on this.
Ms. Slazyk That was the exact consideration why the change of zoning and land use was of
concern to us, and we worked with the developer to make sure that that was a low-density
transition area between the tower on Coral Way, and it's going to be a town house product, and
I'll let the applicant explain that.
Chairman Winton: And that's what I'm looking at there.
Gil Pastoriza: Right.
Ms. Slazyk: Yes
Chairman Winton: These are individual town houses.
Mr. Pastoriza: Yeah. Gil Pastoriza, 2665 South Bayshore Drive. What we've done,
Commissioner, is we have lined up 22nd Terrace with four town houses. Entrance and exit to
the town houses are through Coral Way so that there will be no parking on 22nd Terrace.
208 July 17, 2003
Chairman Winton: Great. Do you want to -- let me -- is there opposition to PZ.2? Anyone
opposed to PZ.2 in the audience? Then, Mr. Pastoriza, if you give a brief presentation, if you'd
like, and then we'll --
Mr. Pastoriza: I think that, if you have any questions, I'm here to answer the questions.
Chairman Winton: OK. I need a motion.
Commissioner Sanchez: So move.
Chairman Winton: Commissioner Teele.
Vice Chairman Teele: Second.
Chairman Winton: We have a motion and a second to accept staff recommendations on PZ.2.
Any further discussion?
Commissioner Sanchez: Just a discussion.
Chairman Winton: Yes, sir.
Commissioner Sanchez: Madam Director, along 22nd Terrace, are you satisfied with the dress
up of the back of the area? You think there's ample landscaping and stuff?
Ms. Slazyk: Yes, yes. The project was recommended for approval. What's going to happen
now between -- the renderings don't always show --
Commissioner Sanchez: Just show it to me. Is it the back --
Ms. Slazyk: This is the --
Commissioner Sanchez: Let me see that. Could you just bring it up? Because my concern
continues to be, you know, the approaching on the residential side, so you will have land --
perfect.
Ms. Slazyk: -- and as they go through --
Commissioner Sanchez: With the landscaping (INAUDIBLE)
Ms. Slazyk -- their permitting process -- as they go through the permitting process, the final
landscape plan --
Chairman Winton: Good landscaping.
209 July 17, 2003
Ms. Slazyk: -- will come in for review and approval. That's where we're get the full
specifications.
Chairman Winton: Yeah. Quality landscaping.
Commissioner Sanchez: But it has to come back for second reading.
Ms. Slazyk: No -- well, yes.
Commissioner Sanchez: Yes.
Ms. Slazyk: The land use and zoning change have to come back for second reading.
Commissioner Sanchez: OK.
Joel Maxwell (Deputy City Attorney): Mr. Chairman.
Chairman Winton: Yes, sir.
Mr. Maxwell: Just for the record, what you're -- the item actually in front of you and that you're
voting on right now is a comprehensive plan change.
Commissioner Sanchez: Yes.
Chairman Winton: Right.
Mr. Maxwell: That's PZ.2.
Ms. Slazyk Right.
Mr. Maxwell: The next one will be the zoning change, and then it would actually be the MUSP
(Major Use Special Permit).
Chairman Winton: OK, got it.
Ms. Slazyk Right.
Chairman Winton: This is a public hearing. Anyone from the public --
Commissioner Sanchez: Point well made, counsel.
Chairman Winton: -- would like to speak on PZ.2? Anyone from the public on PZ.2? Being
none, we'll close the public hearing. We have a motion and a second.
Mr. Maxwell: It's an ordinance.
210 July 17, 2003
Chairman Winton: It's an ordinance?
Mr. Maxwell: Yes, sir.
Chairman Winton: Read the ordinance, please.
The ordinance was read by the Deputy City Attorney.
Chairman Winton: Roll call.
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
LAND USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 3179, 3181, 3185 SOUTHWEST 22ND TERRACE,
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 Sanchez, 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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Priscilla A. Thompson (City Clerk): Roll call. The ordinance is passed on first reading, 3/0.
52. 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 3179, 3181 AND 3185
SW 22ND TERRACE (Applicant(s): Coral Way Development Co. and FG Partners, Inc.)
Chairman Winton: PZ.3.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -3 is a companion zoning change,
and let me explain here. Four is the actual Major Use. Since you can't act on the Major Use
211 July 17, 2003
today until second reading of the zoning and land use, what happens, the project needs a zoning
and land use change and a MUSP (Major Use Special Permit). The MUSP is a resolution; it only
needs one reading, so we're going to actually ask for a continuance on the Major Use Special
Permit so you will act on it the same day you do second reading on the --
Vice Chairman Teele: So move, continuance.
Ms. Slazyk: -- zoning and land use change.
Vice Chairman Teele: What's that number, 4?
Ms. Slazyk: Number 4. We're going to continue to September 24 because that's the schedule of
second reading.
Chairman Winton: We're continuing 4 or we're voting --
Ms. Slazyk: Four --
Commissioner Sanchez: We have to vote on 3.
Ms. Slazyk We're first going to do 3.
Commissioner Regalado: Four.
Chairman Winton: Yeah, we're voting on 3, which is your motion.
Commissioner Sanchez: Second.
Chairman Winton: Second. This is a public hearing. Anyone from the public would like to
speak on PZ.3? Anyone from the public on PZ.3? Being none, we'll close the public hearing.
Any further discussion?
Vice Chairman Teele: Is that an ordinance?
Chairman Winton: Is it --
Joel Maxwell (Deputy City Attorney): Yes.
Chairman Winton: This is an ordinance, right? Read the ordinance, please.
The ordinance was read by title into the public record by the Deputy city Attorney.
Chairman Winton: Roll call.
212 July 17, 2003
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 IV, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TO FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3179, 3181, 3185 SOUTHWEST 22ND TERRACE,
MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED EXHIBIT 8;
CONTAINING A REPEALER PROVISION, AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Teele, 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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 3/0.
53. CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR
MIDTOWN LOFTS PROJECT AT 3178, 3180 S.W. 22 STREET AND 3179, 3181 AND 3185
S.W. 22 TERRACE TO COMMISSION MEETING CURRENTLY SCHEDULED FOR
SEPTEMBER 24, 2003.
Chairman Winton: And we need a --
Vice Chairman Teele: Move the continuance of Item 4 to September --
Lourdes Slazyk (Assistant Director, Planning & Zoning): Twenty-fourth.
Vice Chairman Teele: -- 24.
Commissioner Sanchez: Second.
Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
213 July 17, 2003
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-812
A MOTION TO CONTINUE CONSIDERATION OF PROPOSED MAJOR USE
SPECIAL PERMIT FOR THE MIDTOWN LOFTS PROJECT AT
APPROXIMATELY 3178, 3180 S.W. 22 STREET AND 3179, 3181 AND 3185
S.W. 22 TERRACE, TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR SEPTEMBER 24, 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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Mr. Pastoriza: Thank you.
Chairman Winton: Thank you.
54. APPROVE SPECIAL EXCEPTION REQUIRING COMMISSION APPROVAL AS
LISTED IN ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW FIRE STATION IN
TEMPORARY TRAILER IN COMMERCIAL PARKING LOT AT 185 NE 82ND TERRACE
(Applicant(s): City of Miami, Fire Department). (See # 55)
Chairman Winton: PZ.5.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.5 is a special exception that
requires City Commission approval in order to allow a fire station within a temporary trailer in a
commercial parking lot. The location is 185 Northeast 82nd Terrace. It's being recommended
for approval, with conditions, by the Planning and Zoning Department and it was a
recommendation of approval to the City Commission from the Zoning Board by a vote of 9/0.
The conditions from the Planning Department is that the landscape plan with specifications,
including illumination and irrigation, be provided to the Planning and Zoning Department prior
to the issuance of any building permits. This is in order to ensure that even though it's going to
be out of a temporary trailer, that it be something attractive. The approval --
214 July 17, 2003
Chairman Winton: Hallelujah.
Ms. Slazyk: -- is also subject to 24 months. At which time, the applicant has to go back to the
Zoning Board and the City Commission in order to make sure that everything is in order and
there's no complaints or any problems with it.
Commissioner Sanchez: Well --
Chairman Winton: You think Code Enforcement will get after them if they don't follow the
rules? Yes, sir, Commissioner Sanchez.
Commissioner Sanchez: Now, as long as no neighbor objects to it, correct?
Ms. Slazyk Well, what's going to happen, the 24 months will be a time to review it. If they're --
Commissioner Sanchez: OK.
Ms. Slazyk -- not ready for a permit station at that time, we'll review it and reissue it at that
time, but it gives us a chance to review how it's actually been implemented and is operating. In
case there's any unforeseen issue, gives us another bite at --
Commissioner Sanchez: So, after 24 months, you'll review it again?
Ms. Slazyk: Yes.
Commissioner Sanchez: OK, so move.
Vice Chairman Teele: Second.
Chairman Winton: Motion and a second, and this is a public hearing also, is that not correct?
This public hearing -- public hearing, so anyone from the public would like to speak on PZ.5?
Anyone from the public on PZ.5? Being none, we'll close the public hearing. We have a motion
and a second.
Vice Chairman Teele: Discussion.
Chairman Winton: Discussion. Yes, sir.
Vice Chairman Teele: I'm encouraged that the Department is beginning to enforce some of our
own rules. I would hope --
Chairman Winton: On ourselves.
Vice Chairman Teele: -- that we -- on government, on ourselves, and I would really hope, Mr.
Manager, that we would begin to enforce more rules like at the Old Arena, even though there
215 July 17, 2003
may be talk about building a baseball stadium. There's no reason why that place looks like that.
If it were a private business, we'd shut it down. I mean, the parking areas and all of that.
Chairman Winton: It's awful.
Vice Chairman Teele: It's awful, especially when you -- we've probably sent back about $10
million to the County for eligible costs to fix it right, but the point is is that, you know, even
though this is temporary -- and I know it may be inconvenient to the Fire Department -- it's no
reason to go into the community and not be a good neighbor, so I compliment the management
on doing it right. Where's the permanent station? What area is the permanent station going to be
in?
Tom Flores: Tom Flores, assistance fire chief, Technical Service Division, City of Miami Fire
Department. It will be off 79th Street, we're hoping, somewhere around Biscayne Boulevard.
Chairman Winton: What did you just say?
Assistant Fire Chief Flores: We're still looking for the property at this point.
Chairman Winton: Somewhere on or off Biscayne Boulevard, you said?
Assistant Fire Chief Flores: Somewhere either side of Biscayne Boulevard and 79th Street.
That's kind of our access right in there.
Chairman Winton: On Biscayne Boulevard?
Assistant Fire Chief Flores: As close to it as we can get.
Vice Chairman Teele: Boy, that would be absolutely disastrous.
Chairman Winton: Yeah.
Vice Chairman Teele: I would hope that somebody with a transportation background would
encourage the -- will work with Asset Management and Capital Improvement. You don't want to
be on Biscayne -- every time you come out of the station, you're going to stop traffic.
Chairman Winton: And that's the busiest -- that may be the busiest intersection in our entire
City.
Assistant Fire Chief Flores: The one page we're looking at is about two blocks east of the
Boulevard. I mean, that's just --
Vice Chairman Teele: East or west?
Assistant Fire Chief Flores: -- kind of the quarters that we're looking at in that general area.
216 July 17, 2003
Vice Chairman Teele: You mean two blocks west.
Assistant Fire Chief Flores: No, it's two blocks east.
Commissioner Sanchez: East.
Vice Chairman Teele: Well, the city limits only goes three blocks east.
Unidentified Speaker: (INAUDIBLE) to the bay.
Assistant Fire Chief Flores: Yeah, it's on 7th Avenue and the bay. It goes to about --
Vice Chairman Teele: Huh?
Commissioner Sanchez: It's on Flagler.
Assistant Fire Chief Flores: -- 12th Avenue.
Ms. Slazyk: 79th Street.
Vice Chairman Teele: 79th Street and Biscayne Boulevard, it only goes to the bay there. That's
only six blocks. Certainly, you don't mean to the east of Biscayne.
Assistant Fire Chief Flores: To the east. To the west, there isn't as much land, sir, unless you get
on the other side of the tracks. We're trying to be on the east side of the tracks because of the
trains.
Chairman Winton: Because of the trains. They run --
Vice Chairman Teele: The train --
Chief William "Shorty" Bryson: Chief Bryson, Department of Fire -Rescue. The area that we
were targeting was that area that was the far northeast corner that included Davis Harbor and
everything else up in that area, so that area around Biscayne Boulevard and the intersect of 79th
is a pretty good area for our rescue unit. We could be anywhere --
Vice Chairman Teele: How far west is that --
Chief Bryson: -- but it's getting hard to get land. It's terrible.
Vice Chairman Teele: Look, look, availability of land --
Chairman Winton: I think I need to drive you guys around that --
Vice Chairman Teele: -- should not drive this decision, per se. I mean, we need to determine the
best location and then look at the availability, the best operational location.
217 July 17, 2003
Chief Bryson: Well, we do have a target for the best location in our minds, and these areas are
the areas that we're looking in. I mean --
Vice Chairman Teele: How far west --
Chief Bryson: -- we'll be happy to share the information.
Vice Chairman Teele: -- are you going to go?
Chief Bryson: On their territory?
Chairman Winton: In the target zone, how far west does that go?
Chief Bryson: Miami Ave. (Avenue)
Vice Chairman Teele: So it's --
Chairman Winton: Miami Avenue, that's only --
Vice Chairman Teele: -- not to 95?
Chief Bryson: Oh, no, sir.
Chairman Winton: -- about two blocks west.
Vice Chairman Teele: At this --
Chief Bryson: Station 9 will be responding to that, and they're --
Chairman Winton: I --
Chief Bryson: -- at 62nd, right near 95.
Vice Chairman Teele: At this Biscayne Boulevard --
Chairman Winton: -- think our caution here suggests that if you're going to be south of 79th and
you're going to be east of Biscayne Boulevard, I'm going to tell you, you're not going to get to --
if you have to get back out on Biscayne Boulevard, you're not going to get to a fire that goes
north during rush hour traffic because you can't get through that intersection. I mean, it's
jammed beyond belief. I mean, that's a terrible intersection there, so --
Vice Chairman Teele: Who makes the business decision, Johnny -- Mr. Chairman, on this? I
mean, is this an Asset Management decision? Is it a Capital Improvement decision? It is a Fire
Department decision?
218 July 17, 2003
George Cano (Director, Capitol Improvement Program): I think several departments.
Vice Chairman Teele: Huh?
Mr. Cano: I believe several departments need to work with the Fire Department from a traffic
and management and planning perspective.
Chairman Winton: And that's all we're asking y'all. I think you just need to think about this
carefully. I mean --
Chief Bryson: Of course.
Chairman Winton: -- you're in the right -- but there needs to be some real thought to this with --
Chief Bryson: Oh, we're putting --
Chairman Winton: -- other input, so --
Chief Bryson: -- real thought into it. I mean, if we wanted to get out the maps and show you
like we did before what our schematic say, and remember, what we're talking about right now is
a rescue unit, it does fight fire and everything, but the primary concern was EMS (Emergency
Medical Service) in that area, just like the Coral Way area.
Commissioner Sanchez: Chief, why don't you do that.
Chief Bryson: Yes, sir.
Commissioner Sanchez: Why don't you come back with a map and more detail as to --
Chief Bryson: Well, remember, we're --
Commissioner Sanchez: --location.
Chief Bryson: -- only talking about the temporary, and we will before we --
Chairman Winton: No, no, we're -- yeah.
Chief Bryson: -- do anything permanent.
Chairman Winton: Yeah.
Chief Bryson: Yes, sir.
Chairman Winton: We're on the temporary right now.
Commissioner Sanchez: OK.
219 July 17, 2003
Chairman Winton: OK. Is the temporary --
Commissioner Sanchez: Thank you.
Vice Chairman Teele: Call the vote, Mr. Chairman.
Chairman Winton: Is this an ordinance?
Joel Maxwell (Deputy City Attorney): Resolution.
Chairman Winton: Is it PZ.6 or 5?
Ms. Slazyk: We're doing 5 first.
Chairman Winton: OK, so all in favor, "aye."
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-813
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AFFIRMING THE RECOMMENDATION OF THE ZONING
BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED
IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A FIRE
STATION IN A TEMPORARY TRAILER IN A COMMERCIAL PARKING
LOT FOR THE PROPERTY LOCATED AT APPROXIMATELY 185
NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED
IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE AND
SUBJECT FURTHER TO A UNITY OF TITLE AND A TIME LIMITATION
OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED, SUBJECT TO THE FOLLOWING CONDITION: THIS SPECIAL
EXCEPTION IS GRANTED WITH A TIME LIMITATION OF TWENTY-
FOUR (24) MONTHS AT WHICH TIME THE SPECIAL EXCEPTION
EXPIRES AND THE APPLICANT WILL NEED TO MAKE APPLICATION
FOR A NEW SPECIAL EXCEPTION.
220 July 17, 2003
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
55. CLARIFICATION ON REASONS FOR DEFERRING PROPOSED MAJOR USE
SPECIAL PERMIT FOR MIDTOWN LOFTS PROJECT AT 3178, 3180 S.W. 22 STREET
AND 3179, 3181 AND 3185 S.W. 22 TERRACE TO COMMISSION MEETING
CURRENTLY SCHEDULED FOR SEPTEMBER 24, 2003. (See #54)
Commissioner Regalado: Question, Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Regalado: PZ.4 was deferred?
Vice Chairman Teele: Deferred.
Chairman Winton: Yeah, because it's a technical part because -- well, Lourdes, would you
explain that again?
Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. PZs 2 and 3 were the
companion land use and zoning items. Two and three was just approved on first reading, so you
can't approve number 4 until 2 and 3 come back for second reading because this is the Major Use
that a zoning and land use change is for.
Vice Chairman Teele: September 24.
Commissioner Regalado: OK.
Ms. Slazyk: So, it'll all come back together in September for adoption.
Commissioner Regalado: OK.
Chairman Winton: Yes. OK.
221 July 17, 2003
56. APPROVE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, CITY'S
ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
ALLOW FIRE STATION IN TEMPORARY TRAILER AT 2111 SW 19TH STREET
(Applicant(s): City of Miami, Fire Department).
Chairman Winton: PZ.6.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6 is a similar situation. It's a fire
station on a temporary trailer at 2111 Southwest 9th Street, which is in the park. The -- we have
been requested by the Fire Department to make another condition on here, that it not be approved
per plans on file. Apparently, there are some plans for improvements in Shenandoah Park, right
where they were planning to put their trailer, so they're going to work with the Planning
Department to relocate it to another part of Shenandoah Park, and landscape it appropriately, and
do all the same things they did in their original plan, but in a different location, so I'd like to
request that this one be approved with the same 24 -month condition; however, not per plans on
file, so that we can -- for the Planning and Zoning Department to work along with the Fire
Department to relocate it within the park.
Chairman Winton: So, public hearing. Anyone from the public would like to speak on PZ.6?
Being none --
Commissioner Regalado: I'll move.
Chairman Winton: -- we'll close the public hearing.
Commissioner Sanchez: Second.
Chairman Winton: Got a motion --
Commissioner Regalado: Move.
Chairman Winton: -- and a second. Read the ordinance, please. Any discussion?
Joel Maxwell (Deputy City Attorney): It's a reso. (resolution).
Commissioner Regalado: It's a resolution.
Commissioner Sanchez: Lourdes, (INAUDIBLE) condition, right?
Chairman Winton: Read the ordinance, please.
Unidentified Speaker: It's a reso.
Ms. Slazyk: Same 24 -month --
Chairman Winton: Oh, it is?
222 July 17, 2003
Ms. Slazyk: --condition. Yes.
Commissioner Sanchez: Same conditions?
Ms. Slazyk: Yeah.
Commissioner Sanchez: OK.
Chairman Winton: This is a resolution, you said?
Mr. Maxwell: Yes, sir.
Chairman Winton: OK. All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 03-814
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AFFIRMING THE RECOMMENDATION OF THE ZONING
BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED
IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A FIRE
STATION IN A TEMPORARY TRAILER FOR THE PROPERTY LOCATED
AT APPROXIMATELY 2111 SOUTHWEST 19TH STREET, MIAMI,
FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," NOT PER
PLANS ON FILE AND SUBJECT FURTHER TOA UNITY OF TITLE AND A
TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING
CONDITION: THIS SPECIAL EXCEPTION IS GRANTED WITH A TIME
LIMITATION OF TWENTY-FOUR (24) MONTHS AT WHICH TIME THE
SPECIAL EXCEPTION EXPIRES AND THE APPLICANT WILL NEED TO
MAKE APPLICATION FOR A NEW SPECIAL EXCEPTION.
223 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
57. APPROVE MASTER PLAN DEVELOPMENT STANDARDS, PURSUANT TO
ARTICLE 4 OF ZONING ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, FOR
OVERTOWN/ARENA METRORAIL STATION PROJECT, FINDING CONSISTENCY
WITH OVERTOWN/ARENA METRORAIL STATION AREA DESIGN AND
DEVELOPMENT PLAN (SADD) AT 601-799 NW 1sT COURT (Applicant(s): Overtown
Partnership Limited).
Chairman Winton: PZ.7.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.7 is the Overtown Arena Master
Plan Development Standards. The Department has reviewed the standards and we have
recommended approval. The applicant has provided us with a covenant that they proffered at the
last meeting, and it's -- and it answers everything we wanted it to, the Urban Design Manual and
the landscape, so we recommend approval.
Vice Chairman Teele: I move approval.
Chairman Winton: It's a public hearing. Anyone from the public would like to speak on PZ.7?
Commissioner Sanchez: Second.
Chairman Winton: We have a motion and a second. Do you want to speak on PZ.7?
Alan Hecht: Yes, sir.
Chairman Winton: Please, come forward.
Mr. Hecht: My name is Allan Hecht, 33 Southwest 2nd Avenue. We do oppose the construction
of the site. I think it was --
Chairman Winton: Who's we?
Mr. Hecht: I oppose, your Honor.
224 July 17, 2003
Chairman Winton: OK.
Mr. Hecht: I apologize. I think this creates significant traffic problems in the construction and
the design. We understand -- I understand that DERM (Department of Environmental Resources
Management) is going into the building. DERM creates lots of traffic; pedestrian, as well as car
traffic that will create problems for the neighborhood, and we think that it adversely affects the
planning and zoning by having a 300,000 square foot building in that area which were -- streets
were not designed for that kind of car traffic. There're one-way streets in that area, and I think
it's all going to create a significant problems to the City in regard to traffic, in regard to the
surrounding area, and I oppose it.
Chairman Winton: Thank you. OK.
Ms. Slazyk: Technically speaking, the only thing that's before you today is the development
standards, not a building and not a project.
Chairman Winton: OK.
Ms. Slazyk That's within the County jurisdiction.
Chairman Winton: Great.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Sanchez: This is the property that we've had for five years, and this basically will
give us a four-year extension?
Vice Chairman Teele: No.
Commissioner Sanchez: No?
Ms. Slazyk No. This is the Overtown --
Chairman Winton: No.
Ms. Slazyk -- transit site --
Chairman Winton: Yeah.
Ms. Slazyk -- and what we're looking at before us now is the development standards for
whatever is going to be built on that property. We're not actually looking at a building. That's
not within our jurisdiction, so --
Vice Chairman Teele: But --
225 July 17, 2003
Chairman Winton: And it is (UNINTELLIGIBLE) site.
Vice Chairman Teele: -- the Commissioner is --
Ms. Slazyk: -- we're approving a Zoning code.
Vice Chairman Teele: -- referring to some adjacent --
Commissioner Sanchez: Isn't there litigation between the County --
Chairman Winton: Yeah.
Vice Chairman Teele: You're referring to land that is adjacent --
Commissioner Sanchez: Right.
Vice Chairman Teele: -- to this, that is due west --
Chairman Winton: Yeah, it's not this one.
Vice Chairman Teele: -- and due south of this location, and this is -- you know, this is the
Metrorail Station property --
Ms. Slazyk: Right.
Vice Chairman Teele: -- known as the Overtown Station property, and --
Chairman Winton: Got it. Anyone from -- still a public hearing. Anyone from the -- anyone
else from the public? We'll close the public hearing on PZ.7. Did we have a motion and a
second already?
Vice Chairman Teele: I made a motion.
Chairman Winton: We have a motion and a second, and this is a resolution. All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
226 July 17, 2003
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-815
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
MASTER PLAN DEVELOPMENT STANDARDS, PURSUANT TO ARTICLE
4 OF ZONING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FOR THE OVERTOWN/ARENA METRORAIL
STATION PROJECT LOCATED AT APPROXIMATELY 601-799
NORTHWEST 1 ST COURT, MIAMI, FLORIDA, AND FURTHER FINDING
CONSISTENCY WITH THE OVERTOWN/ARENA METRORAIL STATION
AREA DESIGN AND DEVELOPMENT PLAN (SADD); 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 Commissioner Sanchez, 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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
58. 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 JULY 24, 2003.
Chairman Winton: PZ 8.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.8 is an official vacation and
closure of public right-of-way on Northwest 7th Street, between 1st Court and Metrorail right-of-
way. It's been recommended for approval by the Planning and Zoning Department and by the
Plat and Street Committee.
Chairman Winton: Now, this gets to the real crux of some of our leverage, by the way. Yes.
You have -- we're not approving what's going to be built -- what approval rights do we have for
the building, the architecture, ingress, egress, landscaping, all that kind of stuff --
Ms. Slazyk: Well, we don't have --
227 July 17, 2003
Chairman Winton: On that site?
Ms. Slazyk: -- any approval of what actual building may be constructed there. We approve the
standards, and the concern we had had had to do with their Urban Design Manual and the
landscape standards, which they've --
Chairman Winton: Right.
Ms. Slazyk -- proffered by covenant that they're going to meet, so we have no more concerns
there. This is a street closure, but technically, this is a portion of 7th Street that dead ends right
into the station.
Chairman Winton: I understand that clearly.
Ms. Slazyk It doesn't go anywhere. Right.
Chairman Winton: This is our --
Ms. Slazyk I know. You're talking about design.
Chairman Winton: -- last chance to get that done.
Ms. Slazyk: Yeah.
Chairman Winton: If this isn't done, they can't build that building, so this --
Vice Chairman Teele: Well, I --
Commissioner Sanchez: Well --
Vice Chairman Teele: I just -- are all of the formalities to ensure that the protections for the
County and the City have been perfected, Mr. Attorney?
Alejandro Vilarello (City Attorney): No, sir.
Vice Chairman Teele: I move deferral of this item.
Chairman Winton: Got a motion.
Commissioner Sanchez: Second --
Chairman Winton: Second?
Commissioner Sanchez: -- yeah, but discussion, and I just --
Chairman Winton: Discussion.
228 July 17, 2003
Commissioner Sanchez: -- wanted just to piggyback on what Commissioner Teele said. We're
in litigation with the County on this. Why hasn't the County --
Chairman Winton: Not on this one.
Mr. Vilarello: It's in court.
Commissioner Sanchez: Well --
Vice Chairman Teele: Yes, we are.
Chairman Winton: On this site?
Mr. Vilarello: Deferral to Jan -- to the 24th.
Vice Chairman Teele: We're in litigation with land on both sides of the street --
Commissioner Sanchez: In other words, this --
Vice Chairman Teele: -- so technically, we're in litigation.
Commissioner Sanchez: Exactly.
Vice Chairman Teele: Once you do this --
Commissioner Sanchez: Well, one of the concerns that I have is why hasn't the County approved
the settlement? I mean, wouldn't it be best if they were to go in front of the County first and they
Vice Chairman Teele: I think, technically --
Commissioner Sanchez: -- approve and then come back to us?
Vice Chairman Teele: -- these -- the settlement on the litigation and this issue are unrelated --
Mr. Vilarello: That's correct.
Vice Chairman Teele: -- in a pure sense of the word --
Chairman Winton: Pure sense, but not in a (UNINTELLIGIBLE) sense?
Vice Chairman Teele: -- but I mean, from a common sense point of view --
Commissioner Sanchez: I would feel better if the County approved it first and then it came back
to us.
229 July 17, 2003
Vice Chairman Teele: That's why I said I'm looking for a Manager's recommendation.
Mr. Vilarello: The --
Chairman Winton: We just moved it --
Vice Chairman Teele: -- and an Attorney's recommendation.
Mr. Vilarello: On the -- not on this issue, but with regard to the two lots which are adjacent to
this, the Manager and I have spoken with the County Manager and have reached a
recommendation to approve --
Vice Chairman Teele: Tell me what you said to the County Commission, that's what I want to
know.
Mr. Vilarello: The County Commission has not yet considered or --
Vice Chairman Teele: This is the City Commission.
Mr. Vilarello: That's correct.
Chairman Winton: So we have a motion to defer --
Mr. Vilarello: That's correct, and the settlement itself would require not only the County
Commission approval, the City Commission approval, as well as the CRA (Community
Redevelopment Agency) approval because the CRA currently is --
Vice Chairman Teele: But the City Commission is the CRA, so it's no real distinction there.
Mr. Vilarello: But -- two separate resolutions.
Chairman Winton: OK.
Vice Chairman Teele: I just moved the deferral --
Commissioner Sanchez: Second.
Chairman Winton: I --
Vice Chairman Teele: -- until the Manager comes up with a very clear statement that he's
recommending, and you come in with a clear statement that you're recommending the road
closure, and I'm strictly talking about the road closure; I'm not talking about the settlement. I'm
talking about the road closure, the matter that's before us. Mr. Manager, you heard your name
being called?
230 July 17, 2003
Joe Arriola (City Manager): We're talking just about the road closure?
Mr. Vilarello: The road closure.
Chairman Winton: We're moving to defer. There's a motion --
Vice Chairman Teele: To give you time to do a memo or to think --
Chairman Winton: Yeah, there's --
Mr. Arriola: The issue here is that the County is not looking at this as a separate item, like you
are. We -- I sat with the County Manager and an attorney, and we feel extremely comfortable
that we have come into an agreement. Obviously, you know, the agreement is for us to get the
parcels of land, with four-year extension, et cetera, et cetera, and because they've done that, I
said that we would then agree to the road closure, and that they also --
Chairman Winton: I thought there was a modification to that yesterday.
Vice Chairman Teele: I did, too, recently.
Chairman Winton: To three years.
Mr. Arriola: But we -- it's back to four years, sir.
Mr. Vilarello: That's correct.
Chairman Winton: So we have a complete agreement?
Mr. Arriola: Yes.
Chairman Winton: But -- and so --
Vice Chairman Teele: Move it to next week, at least.
Chairman Winton: Yeah.
Vice Chairman Teele: I'd be more comfortable if we vote on this next week, if it's not going to
destroy anything, but -- Judy -- and I don't want to -- Ms. Burke, I don't want to -- but I would
just be more comfortable if we could just defer this for one week and make sure that we're all
saying the same thing.
Judy Burke: I can't speak on behalf of the County. As long as our standards have been approved
tonight, which is wonderful, and this gets deferred, and it's a date certain for next --
Chairman Winton: Next Thursday.
231 July 17, 2003
Commissioner Sanchez: The 24th.
Ms. Burke: -- next Thursday, but as I said, I don't speak for the County.
Vice Chairman Teele: I understand.
Ms. Burke: It's their application.
Chairman Winton: Right. OK, we have a motion --
Priscilla A. Thompson (City Clerk): I'm Sorry, we need a name on the record.
Chairman Winton: Oh, I'm sorry. Judy, we need your name and address, please, for the record.
Ms. Burke: Judy Burke, 201 Biscayne Boulevard, Miami.
Chairman Winton: Thank you. OK, we have a motion and --
Commissioner Sanchez: Second.
Chairman Winton: -- a second to defer it to next Thursday. Any further discussion on that?
Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-816
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 JULY 24, 2003.
232 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Yes, sir.
Mr. Vilarello: Mr. Chairman.
Chairman Winton: Yes.
Mr. Vilarello: The Manager wanted to show the County that we were in favor of the item, so
perhaps, once we get back to the regular agenda, we can move the approval of the settlement on
the separate item.
Chairman Winton: Fine.
Vice Chairman Teele: Tonight?
Mr. Vilarello: Tonight.
Vice Chairman Teele: Sure.
Chairman Winton: Absolutely.
Commissioner Sanchez: Yeah. I'm prepared.
Chairman Winton: OK.
Vice Chairman Teele: Perfect.
233 July 17, 2003
59. AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION
FROM "SINGLE FAMILY RESIDENTIAL" AND "GENERAL COMMERCIAL" TO
"RESTRICTED COMMERCIAL" AT 536, 602, 608 AND 690 NW 57TH AVENUE AND 601,
605, 611, 631 AND 641 NW 57TH COURT (Applicant(s): Florida Union Land Corporation and
Sime Corporation).
Chairman Winton: PZ.9.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9 and 10 are second reading
companion land use and zoning change item. This is -- was -- had originally been recommended
for denial by the Department. The applicant had proffered a covenant. We have no further
objections, so we would recommend approval on second reading of PZ.9, and on PZ.10, I do
have to read a -- remember, the Commission had wanted a strip of land, the buffer, to be left out
of the application to prevent the domino effect of zoning change in this area, so I just need to
read an amendment into the record --
Chairman Winton: Fine.
Ms. Slazyk: -- to eliminate that five-foot strip, but that's on PZ. 10, so 9 --
Chairman Winton: OK.
Ms. Slazyk: -- approval.
Chairman Winton: PZ.9, this is a public hearing. Anyone from the public -- is there anyone in
opposition to PZ.9 in the audience? Any opposition to PZ.9 in the audience? Doesn't appear to
be. Mr. Counselor --
Commissioner Regalado: Mr. Chairman.
Chairman Winton: -- do you want to make a --
Ben Fernandez: I would just like to make one --
Chairman Winton: --comment?
Mr. Fernandez: -- note for the record, which is that on our proposed covenant, Ms. Slazyk,
paragraph D, I've spoken with your Assistance City Attorney Joel Maxwell, and we are willing
to delete "or similar variety," the very last three words in order to just make it more clearer there.
It would probably be a mahogany or an oak. That's all.
Ms. Slazyk Oh, that's fine.
Priscilla A. Thompson (City Clerk): We need your name and address for the record, please.
234 July 17, 2003
Mr. Fernandez: Ben Fernandez -- I'm sorry -- law offices of Bercow & Radell, 200 South
Biscayne Boulevard.
Chairman Winton: Madam Clerk, I think you're going to have to always do that because it's
crystal clear to me that I can get that straight, and I've only been doing this for how many months
now?
Unidentified Speaker: Mr. Chairman.
Commissioner Regalado: Eleven.
Chairman Winton: But he's in favor.
Commissioner Regalado: I'll move -- since Commissioner Gonzalez is not here, I'll move on
second reading PZ.9.
Commissioner Sanchez: Second.
Vice Chairman Teele: Second.
Chairman Winton: Got a motion and a second. This is a public hearing. Anyone from the
public would like to speak on PZ.9? Being none, we'll close the public hearing. We have a
motion and a second. Is this an ordinance?
Ms. Slazyk: Yes.
Chairman Winton: OK. Read the ordinance, please.
Joel Maxwell (Deputy City Attorney): An ord -- that's accepting the covenant as proffered.
Ms. Slazyk: That's on 10.
Mr. Maxwell: Correct.
The ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call, please.
235 July 17, 2003
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
536, 602, 608 AND 690 NORTHWEST 57TH AVENUE AND 601, 605, 611,
631 AND 641 NORTHWEST 57TH COURT, MIAMI, FLORIDA, FROM
"SINGLE FAMILY RESIDENTIAL" AND "GENERAL COMMERCIAL"
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 passed on its first reading, by title, at the meeting of May 22, 2003, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Regalado,
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12390.
Ms. Thompson: The ordinance is adopted on second reading, 4/0.
60. SECOND READING ORDINANCE: AMEND PAGE NO. 30 OF ZONING ATLAS OF
ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM C-2
LIBERAL COMMERCIAL AND R-1 SINGLE-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL AT 536, 602, 608 AND 690 NW 57TH AVENUE AND 601,
605, 611, 631 AND 641 NW 57TH COURT (Applicant(s): Florida Union Land Corporation and
Sime Corporation).
Chairman Winton: PZ.10.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.10, this is the one where the
covenant and the amendment that had been read into the record would apply, and also in page 2
of the legislation, again, just to exclude some of the property to prevent the domino effect. I
236 July 17, 2003
would like to add that after the legal description legally described in Exhibit A, "Except for a
five-foot strip of land along Northwest 57th Court and a five-foot strip of land along the southern
boundary of Lot 7 shown on the attached Exhibit A, which land shall remain R-1 single-family
residential zoning."
Chairman Winton: Great.
Ms. Slazyk: This does not allow commercial to -- traffic to cross over it, and prevents domino
effect, so --
Chairman Winton: Perfect.
Ms. Slazyk -- with that, we recommend approval.
Chairman Winton: This is a public hearing. Anyone from the public would like to speak on
PZ. 10? Anyone from the public on PZ. 10? Being none, we'll close the public hearing. We need
a motion. Commissioner Sanchez.
Vice Chairman Teele: Second.
Chairman Winton: Got a motion and a second. Discussion. Is this an ordinance --
Joel Maxwell (Deputy City Attorney): Yes, it is.
Chairman Winton: -- or a resolution? Yes, it is. Read the ordinance, please.
The ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call, please.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AMENDING PAGE NO. 30 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 (C-2) "LIBERAL
COMMERCIAL" AND (R-1) "SINGLE FAMILY RESIDENTIAL" TO (C-2)
"LIBERAL COMMERCIAL" FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 536, 602-08, 690 NORTHWEST 57TH AVENUE, AND
601, 605, 611, 631 AND 641 NORTHWEST 57TH COURT, MIAMI,
FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A,";
MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
237 July 17, 2003
was passed on its first reading, by title, at the meeting of May 22, 2003, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Sanchez, 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. 12391.
Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0.
Chairman Winton: Great.
61. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE
LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO
"GENERAL COMMERCIAL" AT 1415 NW 7TH COURT AND 735 NW 14TH STREET
(Applicant(s): Miami -Dade County).
Chairman Winton: PZ. 11 --
Unidentified Speaker: Thank you.
Chairman Winton: -- second reading ordinance.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. We recommend approval. It was
recommended for approval by the Planning Advisory Board. It's a land use change at 1415
Northwest 7th Court and 735 Northwest 14th Street.
Chairman Winton: This is a public hearing. Anyone from the public would like to speak on
PZ. 11? Yes, sir. Name and address, please.
Alberto Parijus: Yes. Alberto Parijus, from Miami -Dade County, 111 Northwest 1st Street. We
have submitted the restrictive covenant prepared by the County Attorney and reviewed by your
City Attorney.
Chairman Winton: OK. Anyone from -- anyone else from the public would like to speak on
PZ. 11? Being none, we'll close the public hearing.
238 July 17, 2003
Vice Chairman Teele: Now --
Chairman Winton: Yes, sir.
Commissioner Sanchez: Question. I have a question, too. I --
Ms. Slazyk: Actually, the covenant applies to PZ. 12.
Joel Maxwell (Deputy City Attorney): This is the Detention Center?
Ms. Slazyk: Yes.
Chairman Winton: Yes.
Mr. Maxwell: Their covenant says that they will restrict the use solely to parking.
Commissioner Sanchez: Parking. In other words, they can't come back and say that they're
going to expand the Detention Center, correct?
Mr. Maxwell: Only -- this -- only -- the rezoning will only allow parking on this property.
Commissioner Sanchez: All right.
Mr. Maxwell: If they want to make any changes --
Ms. Slazyk: They have to come back --
Mr. Maxwell: -- pursuant to the covenant, they would have to come back to the City
Commission for authorization.
Vice Chairman Teele: But let me just understand, what are we exactly doing here? This is an
area that I have complained about for four years. It's one of those areas, if you drive along 7th
Avenue at 14th, you can see all the illegal parking. There's not one paved parking facility on the
east side of the building, on the southeast side of the Women's Detention Center there. The cars
are parked in all sorts of manners. It looks like Sanford & Son. Well, I don't want to besmirch
Sanford & Son; it doesn't look that good, so are they going to finally build a parking lot now and
Ms. Slazyk Yes. They needed the commercial zoning in order to get the building permits to do
a fully code -compliant parking lot, and the concern was with the change of zoning, they could
also be able to do all sorts of other uses, so they've proffered a covenant saying that they were
only going to provide parking there, and if they ever want to change that to put a building or
expand any other facility, they have to come back to the Commission.
Vice Chairman Teele: Well, I appreciate it.
239 July 17, 2003
Mr. Parijus: Thank you.
Chairman Winton: OK. Need a motion and a second.
Vice Chairman Teele: I so move.
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. Any other discussion?
Vice Chairman Teele: What department are you with in the County?
Mr. Parijus: Corrections.
Chairman Winton: I'm sorry?
Mr. Parijus: Corrections.
Chairman Winton: Corrections.
Vice Chairman Teele: So the Corrections Depart -- GSA (General Services Administration) or
Public Works isn't doing this?
Mr. Parijus: Management from GSA, but this is a Corrections project.
Vice Chairman Teele: It's a facility, but who's doing the work? Who's letting the bid?
Mr. Parijus: I'm sorry, sir?
Vice Chairman Teele: Who's letting the bid at the County?
Mr. Parijus: The land is -- Corrections Department -- it's owned by the Corrections Department.
Vice Chairman Teele: Who's going to build the parking lot?
Mr. Parijus: GSA.
Chairman Winton: OK.
Mr. Parijus: GSA is going to be contracted by Corrections.
Chairman Winton: Read the ordinance, please.
The Ordinance was read by title into the public record by the Deputy City Attorney.
240 July 17, 2003
Chairman Winton: Roll call, please.
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 PROPERTIES LOCATED AT
1415 NORTHWEST 7TH COURT AND 735 NORTHWEST 14TH STREET,
MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; 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 May 22, 2003, was taken up for its
second and final reading, by title and adoption. On motion of Vice Chairman Teele, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12392.
Ms. Thompson: The ordinance is adopted on second reading, 4/0.
62. 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-2 TWO
FAMILY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL AT 1415 NW 7TH COURT AND
735 NW 14TH STREET (Applicant(s): Miami -Dade County).
Chairman Winton: PZ. 12's companion to 11. Is that --
Vice Chairman Teele: So move.
Alberto Parijus: Thank you.
Chairman Winton: Got a motion --
241 July 17, 2003
Commissioner Sanchez: Second.
Chairman Winton: -- second. Public hearing. Anyone from the public would like to speak on
PZ. 12? Anyone from the public on PZ. 12? If not, we'll close the public hearing. We have a
motion and a second. Read the ordinance, please.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Joel Maxwell (Deputy City Attorney): With a covenant.
Vice Chairman Teele: Now, let me ask you this: This is C-2, right?
Ms. Slazyk: It's going to C-2 liberal commercial.
Vice Chairman Teele: Can you put a billboard up there --
Ms. Slazyk: No --
Vice Chairman Teele: -- in a C-2?
Ms. Slazyk: -- not anymore. Your new sign ordinance does not allow any new billboards in the
City of Miami.
Vice Chairman Teele: All right. Thank you.
Chairman Winton: OK. Roll call, please.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S) AMENDING PAGE NO. 24 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-2
LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1415 NORTHWEST 7TH COURT AND 735
NORTHWEST 14TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED
IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
242 July 17, 2003
was passed on its first reading, by title, at the meeting of May 22, 2003, was taken up for its
second and final reading, by title and adoption. On motion of Vice Chairman Teele, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12393
Priscilla A. Thompson (City Clerk): The ordinance is adopted on second reading, 4/0.
63. FIRST READING ORDINANCE: AMEND PAGE NO. 32 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-1 SINGLE FAMILY RESIDENTIAL WITH AN SD -
12 BUFFER OVERLAY DISTRICT AT 4100 & 4114 NW 4TH STREET (Applicant(s): 4100 &
4114 NW 4th Street).
Chairman Winton: PZ 13.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 13 is a request for a change of
zoning at 4100 and 4114 Northwest 4th Street. This is right off of LeJeune. The request is to
add the SD -12 buffer overlay district to these two properties. What SD -12 does is it allows these
properties to stay single-family zoning, but be used for surface parking to serve the adjacent
commercial property. The Department has recommended approval, finding that this will prevent
the spillage of parking from this building that's happening into the neighborhood. The Zoning
Board had recommended denial by a vote of 5/4 because they still felt there were some concerns
about intrusion into the neighborhood. The good thing about this is it doesn't change the land
use designation.
Chairman Winton: Right.
Ms. Slazyk: It can only be surface parking. It's got to have a landscape buffer, and we think, in
the long run, it's preventing cars from parking in the neighborhood by providing a real parking
facility, so --
Chairman Winton: And frankly, there's a --
Commissioner Sanchez: So it --
243 July 17, 2003
Ms. Slazyk: It was a --
Commissioner Sanchez: -- doesn't change the land use.
Ms. Slazyk It doesn't change the land use.
Chairman Winton: No.
Ms. Slazyk So, if they -- they can't put a parking garage on there. It's only surface parking with
landscaping and a buffer.
Chairman Winton: I mean, this is about as good an alternative as you can get for cleaning up
some of the mess we've created in this City by building big buildings right on some of these
roads right up against single-family homes, and along Douglas Road and Jejune. There's a lot of
places where --
Ms. Slazyk Right.
Chairman Winton: -- the neighborhoods are just a mess.
Ms. Slazyk: And the access --
Commissioner Regalado: And let me tell you.
Ms. Slazyk -- to the parking --
Commissioner Regalado: Johnny.
Ms. Slazyk -- has to stay through the commercial, so that'll ensure that everything comes in and
out Jejune.
Chairman Winton: Yes, sir.
Commissioner Regalado: Let me tell you. This is a very beautiful area of District 4, and the
only complaints that we get from this area between Jejune and 47th, between 3rd and 6 -- and 5th
is the problem with the parking --
Commissioner Sanchez: Parking.
Commissioner Regalado: -- people blocking, because this is a doctor's office, and not only we
have the problem with the residents with people parking in front of their homes and driveways,
but we do have the problem with the elderly patients; that they have to get off those vehicles in
the residential street because they cannot stop in Jejune because of the flow of traffic. Then,
when these vans stop there, they block the street, and when they block the street, cars cannot go
244 July 17, 2003
through. It's like you said, it is the only alternative to this situation, so when you close the public
hearing, I'll be ready to move.
Chairman Winton: OK. This is a public hearing. Anyone from the public would like to speak
on PZ 13? Anyone from the public on PZ. 13? If not, we'll close the public hearing.
Commissioner Regalado.
Commissioner Regalado: I'll move to approve the --
Hamid Bolooki: Excuse me.
Commissioner Regalado: -- ordinance on first reading.
Chairman Winton: As --
Mr. Bolooki: Mr. --
Chairman Winton: Yes, sir. Your name and --
Mr. Bolooki: My apologies. My name is Hamid Bolooki, and I'm property manager for Jejune
Executive Building. My address is 3201 Curtis Street, and I was the applicant on behalf of
Jejune Executive Building. I would like to put part of the record some of the signatures that we
have also obtained from our neighbors and also from our tenants just for you to all have it part of
our record.
Chairman Winton: OK. Thank you.
Mr. Bolooki: Thank you very much.
Chairman Winton: Thank you.
Commissioner Sanchez: There's no opposition here today?
Chairman Winton: No. I've already opened and closed the public hearing. Need a -- we have a
motion. Need a second.
Commissioner Sanchez: Well, I'll second it. You know, I'm not too thrilled about chasing [SIC]
commercial residential lot, but there's always an exception, and I think that one of the biggest
problems there is the parking, and you know, being that we lack parking throughout our
community and basically that, you know, it's not going to change the land use, I'm prepared to
support it.
Chairman Winton: And --
Ms. Slazyk: Right.
245 July 17, 2003
Chairman Winton: -- by the way, we're just correcting sins of past commissions here that didn't
think about these things, so --
Ms. Slazyk: And just for the Commission, if you look in your back up at the aerial, the parking
is already on the other side, the rear lots to this. These two lots are completely surrounded by
commercial use or commercial parking, so these lots are very, very difficult to develop as
residential anyway. Take a quick look at your aerial and you'll see why --
Chairman Winton: Got it. OK.
Ms. Slazyk: -- we recommended approval.
Chairman Winton: We have a motion and a second.
Joel Maxwell (Deputy City Attorney): It's an ordinance.
Commissioner Sanchez: It's an ordinance.
Chairman Winton: Read the ordinance then, please.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call, please.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING PAGE NO. 32 OF THE ZONING ATLAS OF
ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE IV, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-1 SINGLE-FAMILY RESIDENTIAL
TO R-1 SINGLE-FAMILY RESIDENTIAL WITH AN SD -12 BUFFER
OVERLAY FOR THE PROPERTIES LOCATED AT APPROXIMATELY 4100
AND 4114 NORTHWEST 4TH STREET, MIAMI, FLORIDA, LEGALLY
DESCRIBED AND ATTACHED EXHIBIT A; PROVIDING FOR AN
EFFECTIVE DATE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
246 July 17, 2003
was introduced by Vice Chairman Teele, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Ms. Thompson: The ordinance is passed on first reading, 4/0.
Mr. Bolooki: Thank you very much.
Unidentified Speaker: Thank you.
Chairman Winton: Thank you.
Mr. Bolooki: Thank you, Mr. Chairman.
64. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 11000, CITY'S ZONING
ORDINANCE, SECTION 801, NCD -1 CORAL GATE NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICT; IN ORDER TO CREATE NCD -1 CORAL GATE NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT; ADD TO INTENT STATEMENT, CREATE
SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES (Applicant(s): Joe
Arriola, Chief Administrator)
Chairman Winton: PZ 14.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 14 and 15 are companion items,
and I am very, very, very pleased to bring these to you today. This is our first neighborhood
conservation district.
Chairman Winton: Right.
Ms. Slazyk: This is for the Coral Gate neighborhood. What PZ. 14 does is it amends the text of
the Zoning Ordinance in order to create the regulations for NCD -1, Coral Gate Neighborhood
Conservation Overlay District, and PZ. 15 is the atlas amendment, which will actually apply this
to the properties there. What this neighborhood conservation district does is it creates a pure
single-family residential district for the Coral Gate area. None of the commercial or quasi -
commercial uses that are allowed in R-1 will be allowed here anymore, no day care centers, no
schools. The only thing allowed is going to be single-family residential and churches. We've
even eliminated home occupations, so this is creating a pure single-family residential
neighborhood, and it's --
247 July 17, 2003
Commissioner Sanchez: OK.
Ms. Slazyk: -- been recommended for approval by the Planning Advisory Board.
Chairman Winton: No offense --
Commissioner Regalado: OK.
Chairman Winton: -- to churches, but they can be more -- anyway, never mind. Yes, sir.
Commissioner Regalado: I am -- Mr. Chairman, I'm very happy to move this ordinance, and we
have here Grace Garrido from Coral Gate Homeowners' Association. One question I have, and
it has to do not with Coral Gate, but with something that is going on in Shenandoah. ALFs
(Adult living facilities) are permitted in that -- in this district?
Commissioner Sanchez: No, nope.
Chairman Winton: What did you say?
Ms. Slazyk The ones -- the adult living --
Commissioner Regalado: Adult living facilities.
Ms. Slazyk Right. There's a category that's protected by the State for six clients or less and we
can't prohibit them.
Commissioner Regalado: Well, that is something that we will see.
Ms. Slazyk And we'd have to work on that separately.
Commissioner Regalado: No, but --
Ms. Slazyk I can't do it in here, though.
Commissioner Regalado: I just want to make sure. It's still allowed with the conservation
district?
Ms. Slazyk: Yes.
Commissioner Regalado: OK. Grace.
Grace Garrido: Good evening. Grace -- how are you? -- Grace Balanzategui Garrido, 3620
Southwest 20th Street, and I haven't been sworn in, so is that necessary?
Commissioner Regalado: No, no. You're just --
248 July 17, 2003
Ms. Garrido: I just want to say, we --
Commissioner Sanchez: Yes, she does.
Joel Maxwell (Deputy City Attorney): Excuse me.
Commissioner Sanchez: She needs --
Ms. Garrido: I do?
Commissioner Sanchez: -- to be sworn in?
Mr. Maxwell: Mr. Chairman, I suggest that she be sworn in --
Chairman Winton: OK, Madam Clerk.
Mr. Maxwell: -- if you don't mind.
Priscilla A. Thompson (City Clerk): Please raise your right hand.
The City Clerk administered oath required under City Code Section 62-1 to those persons
giving testimony on zoning issues.
Commissioner Regalado: She was just thanking the people. That's all.
Ms. Garrido: I am. I want to thank you. I want to thank Maria Nardi. I want to thank Lourdes,
I want to thank everybody in the Planning Department. This is something we really need and
something we'd wanted for a long time, and I thank you. Thank you.
Chairman Winton: You're welcome. Thank you. This is a public hearing. Anyone from the
public would like to speak on PZ 14? Anyone from the public on PZ.14? If not, we'll close the
public hearing. Need a motion.
Commissioner Sanchez: So -- well, he moved it.
Chairman Winton: Did you move it, Commissioner Regalado?
Commissioner Sanchez: Yes.
Commissioner Regalado: Yes, I did.
Chairman Winton: Oh, you already did?
Commissioner Sanchez: Second.
249 July 17, 2003
Chairman Winton: We have a second?
Chairman Winton: Is this an ordinance?
Commissioner Sanchez: Second.
Chairman Winton: Read the ordinance, please.
The ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call, please.
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 VIII,
SECTION 801, NCD-1CORAL GATE NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT IN ORDER TO CREATE THE
NCD -1 CORAL GATE NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT, ADD TO THE INTENT STATEMENT, CREATE SPECIAL
DISTRICT REQUIREMENTS AND LIMITATIONS ON USES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Ms. Thompson: The ordinance is passed on first reading, 4/0.
250 July 17, 2003
65. FIRST READING ORDINANCE: AMEND PAGE NO. 40 OF ZONING ATLAS OF
ZONING ORDINANCE 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE
DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM R-1
SINGLE FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL WITH AN
NCD -1 CORAL GATE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
WITHIN AND BOUNDED BY SW 16TH STREET NORTH, CORAL WAY SOUTH, SW 32ND
AVENUE EAST, AND SW 37TH AVENUE TO WEST (EXCLUDING NON SINGLE
FAMILY RESIDENTIALLY ZONED PROPERTIES) (Applicant(s): Planning and Zoning
Chairman Winton: PZ. 15, companion to 14.
Lourdes Slazyk (Assistant Director, Planning & Zoning): This is the companion atlas. It's been
recommended for approval.
Chairman Winton: Public hearing on PZ. 15. Anyone from the public would like to speak on
PZ. 15? If not, we'll close the public hearing.
Commissioner Regalado: Move it.
Commissioner Sanchez: Second.
Chairman Winton: Got a motion, second. Discussion. Ordinance. Please read it.
The ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call, please.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING PAGE NO. 40 OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ARTICLE IV, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FOR THE PROPERTIES LOCATED WITHIN AND
APPROXIMATELY BOUNDED BY SOUTHWEST 16TH STREET TO THE
NORTH, CORAL WAY TO THE SOUTH, SOUTHWEST 32ND AVENUE TO
THE EAST, AND SOUTHWEST 37TH AVENUE TO THE WEST;
EXCLUDING NON SINGLE-FAMILY RESIDENTIAL ZONED PROPERTIES
FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-1 SINGLE-FAMILY
RESIDENTIAL WITH AN NCD -1 CORAL GATE NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTING AGENCIES; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
251 July 17, 2003
was introduced by Commissioner Regalado, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0.
66. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 11000, CITY'S ZONING
ORDINANCE, SECTION 620, SD -20 EDGEWATER OVERLAY DISTRICT; IN ORDER TO
CREATE SD 20.1 BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT, ADD
TO INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND
LIMITATIONS ON USES, AND TO REQUIRE CLASS II SPECIAL PERMITS FOR
CERTAIN EXTERIOR WORK; AND AMEND SECTION 946, PUBLIC STORAGE
FACILITIES, TO ADD NEW SD 20.1 TO LIST OF DISTRICTS IN WHICH PUBLIC
STORAGE FACILITIES ARE PROHIBITED (Applicant(s): Joe Arriola, Chief Administrator)
Chairman Winton: PZ. 16.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 16 and 17 are also companion
items. This is an amendment to the SD -20 Edgewater district in order to create a subdistrict
within it called SD -20.1. We've been working very hard with the community. What this does is
offers another level of protection for Biscayne Boulevard. SD -20, which is the predominant
special district in this area, goes all the way to the bay, and it includes some R-4 properties on
the bay front. SD -20. lis just going to cover the Boulevard frontage properties for a distance of
about 200 feet off the Boulevard from 17th all the way to the expressway, the 195, and what
that's going to do is it's going to further prohibit certain uses within the district. It's going to
require pedestrian -friendly ground floors, discourage any kind of entrances off of the Boulevard,
make the cars come in off the side streets, unless there's no other way to do it, and require design
review with some new guides and standards for landscape, no chain link fences, and hopefully,
as the infill development begins to come in the Boulevard, this is going to enhance the
appearance, and it's not going to not allow some of the uses that are fine in other commercial
corridors, but not on Biscayne Boulevard, and if you go through the ordinance, you'll see what
some of those are, or if, you know, you'd like to be briefed before second reading, I'd be glad to
do that. This was recommended for approval by the Planning Advisory Board, and we have
community support because we've worked very closely with them to prepare this.
Chairman Winton: This is a public hearing. Anyone from the public would like to speak on
PZ. 16? Anyone from the public on PZ. 16? Being none, we'll close the public hearing.
252 July 17, 2003
Commissioner Sanchez: So move?
Chairman Winton: Yes.
Vice Chairman Teele: Second.
Chairman Winton: Got a motion and a second. Discussion. Read the ordinance, please.
The ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call, please.
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 VI, SECTION
620, SD -20, EDGEWATER OVERLAY DISTRICT IN ORDER TO CREATE
THE SD -20.1 BISCAYNE BOULEVARD EDGEWATER OVERLAY
DISTRICT, ADD TO THE INTENT STATEMENT; CREATE SPECIAL
DISTRICT REQUIREMENTS AND LIMITATIONS ON USES, AND TO
REQUIRE CLASS 11 SPECIAL PERMITS FOR CERTAIN EXTERIOR
WORK, AND BY AMENDING ARTICLE IX, SECTION 946, PUBLIC
STORAGE FACILITIES, TO ADD THE NEW SD -20.1 TO THE LIST OF
DISTRICTS IN WHICH PUBLIC STORAGE FACILITIES ARE PROHIBITED;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, 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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Ms. Thompson: The ordinance is passed on first reading, 3/0.
253 July 17, 2003
67. FIRST READING ORDINANCE: AMEND PAGES NOS. 15, 21 AND 23 OF ZONING
ATLAS OF ORDINANCE 11000, CITY'S ZONING ORDINANCE, SECTION 401,
SCHEDULE DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION
FROM C-1 RESTRICTED COMMERCIAL WITH AN SD -20 EDGEWATER OVERLAY
DISTRICT TO C-1 RESTRICTED COMMERCIAL WITH AN SD -20.1 BISCAYNE
BOULEVARD EDGEWATER OVERLAY DISTRICT WITH PRIMARY PEDESTRIAN
PATHWAY DESIGNATION FOR THOSE PROPERTIES FRONTING ON BISCAYNE
BOULEVARD, 200 FEET ON EITHER SIDE OF BISCAYNE BOULEVARD FROM NE 17TH
TERRACE TO NE 36TH STREET (Applicant(s): Planning and Zoning Department).
Chairman Winton: PZ. 17, companion to 16.
Lourdes Slazyk (Assistant Director, Planning & Zoning): It's been recommended for approval
by Planning and by the Planning Advisory Board. It's the implementation of 20.1.
Chairman Winton: Anyone from the public would like to speak on PZ.17? Anyone from the
public on PZ. 17? Being none, we'll close the public hearing. Need a motion --
Commissioner Sanchez: So move.
Chairman Winton: -- and a second.
Vice Chairman Teele: Second.
Chairman Winton: Got a motion and a second. Discussion. Read the ordinance, please.
The ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call, please.
254 July 17, 2003
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING PAGES NO. 15, 21, AND 23 OF THE
ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE IV,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING
THE ZONING CLASSIFICATION FOR THE PROPERTIES LOCATED FOR
A DISTANCE OF APPROXIMATELY 200 FEET ON EITHER SIDE OF
BISCAYNE BOULEVARD FROM NORTHEAST 17TH TERRACE TO
NORTHEAST 36TH STREET, MIAMI, FLORIDA, FROM C-1 RESTRICTED
COMMERCIAL WITH AN SD -20 EDGEWATER OVERLAY DISTRICT TO
C-1 RESTRICTED COMMERCIAL WITH AN SD -20.1 BISCAYNE
BOULEVARD EDGEWATER OVERLAY DISTRICT, WITH A PRIMARY
PEDESTRIAN PATHWAY DESIGNATION FOR THOSE PROPERTIES
FRONTING ON BISCAYNE BOULEVARD; 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 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Priscilla A. Thompson (City Clerk): The ordinance has been passed on first reading, 4/0.
255 July 17, 2003
68. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND
USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
LAND USE DESIGNATION FROM "INDUSTRIAL" AND "GENERAL COMMERCIAL" TO
"RESTRICTED COMMERCIAL" BOUNDED BY NE 36TH STREET NORTH, FEC RIGHT-
OF-WAY EAST, NORTH MIAMI AVENUE WEST AND NE 29TH STREET SOUTH,
EXCLUDING CERTAIN PROPERTIES LOCATED ALONG NE 29TH STREET,
CONSISTING OF 56.10 ACRES IN AREA (Applicant(s): Planning and Zoning Department).
Chairman Winton: PZ. 18.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 18, 19, and 20 are also companion
items, and this is another one we're very, very excited about. This is the Buena Vista Yard FEC
(Florida East Coast) right-of-way amendments. PZ 18 -- I'll just give you a brief description of
what each of the three does. PZ.18 is the land use amendment for the Buena Vista Yard site
from industrial to restricted commercial. We are not doing a companion zoning item yet,
because this is a large scale amendment and it needs to be sent to the State of Florida -- to DCA
(Department of Community Affairs) between first and second reading. What that did was give
us time to work on the special zoning district that's going to be applied to these properties and
create designs, guides, and standards, which you will see in September. We already -- we're
taking it to the Planning Advisory Board next week. That way, by the time this item comes back
from DCA, it'll be ready for second reading adoption, along with its zoning item. This is
approximately 56.10 acres, and that's what makes it a large scale amendment. PZ.19 is an
amendment to our Comprehensive Plan in order to add goals, objectives, policies, and criteria to
create a Regional Activity Center designation within the City of Miami. This is something that
the Florida statutes provide for for high-intensity, mixed-use development. The Buena Vista
Yard properties is a perfect candidate for this designation because it meets the acreage and
intense statements, and it's all part of our FEC Plan that the City Commission adopted calling for
high-density, mixed-use 24-hour activity within the area. PZ.20 is the actual designation of the
Buena Vista Yard site as a Regional Activity Center. Once PZ. 19 gets passed, that sets up the
criteria for what it is we want to see within a Regional Activity Center in the City. Buena Vista
is going to be the first designation of a Regional Activity Center within the City, but now that the
framework is in the comp. plan, that's something that we could consider for other parts of the
City, so with that, the Planning Advisory Board has recommended approval of all three and so
has the Planning and Zoning Department. After first reading, we will send them to DCA and
you'll see them back for second reading some time, we expect, mid to late fall.
Chairman Winton: This is a public hearing. Anyone from the public would like to speak on this
item, please come up.
Lucia Dougherty: Good afternoon.
Chairman Winton: Then, Lucia, I'll let you --
Ms. Dougherty: -- Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221
Brickell Avenue. I'm here today representing Biscayne Development Partners, which is the
owner of the FEC -- it's actually the owner of the Buena Vista Rail Yards, which is a 55 acre site
256 July 17, 2003
in the middle of your FEC Corridor, which I know that Chairman -- Mr. Chairman Winton and
Vice Chairman Teele authorized the --
Chairman Winton: Master --
Ms. Dougherty: -- the excuse of this master plan. Joining me today is Michael Samuels and also
Dan Pfeffer. Dan Pfeffer is representing the Kerry family, and Michael Samuels is a 30 -year
veteran of development projects. He's experienced in high-rise urban villages, landmark
buildings, shopping centers, and including a joint venture partnership with the MacArthur
Foundation and Helmsey spears (phonetic). The Kerry family, represented today by, again, Dan
Pfeffer, is a family which had a 25 percent interest in the World Trade Center. They are folks
who do large development projects, both in DC, New Jersey, New York, and recently purchased
a property that was almost condemned in Washington, DC as a slum and blighted property;
converted that into a Class A office space, and they also just recently converted a 300 -acre
polluted manufacturing plant into 200 residential homes and 300,000 square feet of shopping
center. Now, this property was originally purchased -- and their vision for this property was to
actually put big box retail on the entire Buena Vista site, but luckily, you folks had already
engaged Bernard Zyscovich for the master plan, and after reviewing your master plan, your
vision became their vision, and they saw houses and housing opportunities, the mixed-use
project of commercial and residential in the site, and they actually hired -- engaged Bernard
Zyscovich, who is your master planner to do their master plan, along with Steve Lefton from
Kimley-Horn. We've worked very hard with your Planning staff, and I cannot commend
Lourdes Slazyk and the Planning staff for their hard work and diligence in helping us implement
this plan and your plan, frankly, in this project. We could not have done it without them and nor
could we have done it as expeditiously without them. Tonight is just a first of many steps that's
going to have to take place. First, you're going to have a Comprehensive Plan change. It's
actually a down planning from industrial to commercial, C-1 designation because currently, you
can't even have residential in this site, so that's your first step. The second step is this Regional
Activity Center, and the Regional Activity Center is the first in the city. It does not increase any
FARs (floor/area ratios), it doesn't increate height. All of that still remains in your local
designation or your own local jurisdiction. What it does is allow you to develop without having -
- with greater thresholds, without having to do with a DRI (Development Regional Impact), so
this is going to allow you to implement this project in a much faster way in your plan and in a
much faster way as you otherwise could. We have also sought and received from DCA a binding
letter, which allows us to separate the site into a residential -- primarily residential site on the
east side and a primarily commercial site on the west side, although both are going to be mixed;
the commercial side is going to have residential side in it and the residential side is going to have
commercial in it, but the -- my client has sold the commercial side or the west side to DDR
(Developers Diversified Realty), and they could not have a better experienced commercial
shopping center client or buyer for this site. These are folks that you're going to find -- and I'm
going to have Neisen Kasdin, who is their lawyer, introduce this team of commercial developers
for the west side. The design guidelines are coming back. They've been reviewed by the
Planning Advisory Board last evening, and they're going to be for final adoption one week from
today -- or one week from yesterday. Bernard and his colleagues are here today and can present
to you their vision for the property, specifically for the Buena Vista Yards. With that, I'd like to
turn it over to Neisen to introduce his team.
257 July 17, 2003
Joel Maxwell (Deputy City Attorney): Mr. Chairman, could I just ask Ms. Dougherty, if you
will, just for the record, as each one of your clients speaks -- they are the owners of this property,
is that not correct?
Ms. Dougherty: Well, my clients, who have not spoken yet, but Neisen is going to -- is
representing the contract purchaser.
Mr. Maxwell: Right. Each one of them, just --
Ms. Dougherty: Oh, you want them to --
Mr. Maxwell: -- a housekeeping.
Ms. Dougherty: -- introduce themselves? Sure.
Mr. Maxwell: No. Not -- no, not -- when they do speak or -- I would like each one of them to
indicate that they are in favor of this downzoning.
Ms. Dougherty: Yes, I will do so.
Mr. Maxwell: Thank you.
Neisen Kasdin: Thank you, Lucia. Good evening, Mr. Chair, members of the Commission. I'll
be brief, but be available here for questions. Neisen Kasdin, Gunster, Yoakley & Stewart, 2
South Biscayne Boulevard, representing Developers Diversified Realty. We are the retailed
developer of the western portion of this property. With me this evening is Ralph Conti, who is
vice president of development for Developers Diversified Realty from Cleveland, Ohio.
Developers Diversified is the largest open air retail (UNINTELLIGIBLE) in the United States,
owning over 80 million square feet of retail space. In recent years, they are developing a new
style of urban product, urban infill retail product, such as they had developed in Long Beach,
California, and other locations, and this project here in Miami is perhaps their most exciting and
certainly one of their most important retail projects to date. The company is fully committed to
this. Of course, one of the prerequisites of this happening is that the Regional Activity Center be
created so that the thresholds are increased, and as well, that the land use designation be changed
as is proposed this evening. Developers Diversified will build an approximately 600,000 square
foot retail center. They're actively involved in the planning of this facility right now. They're
actively talking to tenants, as well. What they will be building will be of great importance to the
entire City of Miami because it will provide retail that does not exist in this city, and there's
probably no other opportunity in this city or in the urban core of the Metropolitan region for such
retail. It is critical to sustain the residential communities, the immediate neighborhood, and the
emerging, improving residential communities in northeast Miami, and it will also create jobs. It
will create perhaps in excess of 2,000 jobs, which will be easily accessible to Miami residents,
not only in the Wynwood neighborhood where this is located, but the adjacent neighborhoods of
Allapattah and Overtown, and Little Haiti, as well, and so this is an important project for Miami,
258 July 17, 2003
and we wanted to introduce to you tonight the Developers Diversified team, and we're available
here for questions if you have any. Thank you.
Chairman Winton: Thank you.
Mr. Maxwell: Counselor, again, your clients are in favor of this downzoning?
Mr. Kasdin: We are in favor of this petitioner -- this item.
Mr. Maxwell: Thank you.
Chairman Winton: Lucia, anyone else on your group?
Ms. Dougherty: I don't have anybody else who needs to speak, except for Bernard. We are
going to be -- because this is only the first step in several stops, would you prefer that we show
you the entire plan when the design guidelines come to you?
Ms. Slazyk: Yes.
Chairman Winton: I would think.
Ms. Dougherty: OK, so we'll wait for that time, and then you'll see the plan all at once.
Chairman Winton: Right.
Ms. Dougherty: Then I think you have some members of the public --
Chairman Winton: OK.
Ms. Dougherty: -- who would like to speak.
Chairman Winton: OK. Yes, sir.
Luis De Rosa: How are you, Commissioner. Thank you, Commissioners, for allowing me to
speak on behalf of this project. We support this. My name, again --
Chairman Winton: Yeah.
Mr. De Rosa: -- is Luis De Rosa, president of the Puerto Rican Chamber of Commerce, and our
office is within the Wynwood FEC site, and we have met with some of the team, the developers
and the owners, and we appear to be working together. We're very excited about the possibility
of creating jobs, also the stabilization that is going to take place in that community; that's very
crucial, and I thank you for your leadership on this, Commissioner Winton. We support you 100
percent. We support this project. We just can't wait until it gets off the ground, and we will be
working with them on the job development component of this project. Again, thank you.
259 July 17, 2003
Chairman Winton: Thank you. Next.
Peter Cone: My name is Peter Cone.
Chairman Winton: Come to the microphone. Thank you. Name.
Mr. Kohn: Civic Center, Miami --
Chairman Winton: Need your name.
Mr. Kohn: Moved here six months ago. Peter Cone, 1918 Brickell Avenue. I was writing an
article for the Sun Post, which was never printed, and I spoke with Lourdes and some other
members of the boards of the City. I oppose the project, and I have several -- let me tell you
why. I was privy to the Kimley-Horn Associates study that was prepared in order for this project
to go forward is Development of Regional Impact. That consultant had to prepare the study in
order for the Florida State or Division of Community Affairs to take a look at it. I recommend
that this site remain zoned industrial for the purpose of creating jobs for the residents of
surrounding neighborhoods. This project does not serve the people of Miami. Based on what I
saw within that consultant study, 4,500 units were planned in DRI thresholds, for a City of
Miami's population only allow for 1,999. The study also stated that 1.2 million gross square feet
of retail were being planned. Although, I just heard it may have been modified to 600,000 gross
square feet; only 399,000 are allowed. If, in fact, 4,500 units are created, assuming that they're
all one -bedroom units, one and a half stalls would have to be provided per unit. That would
introduce 6,750 new cars into the neighborhood, and those would most likely be cars that would
be coming from outside of the Miami community, because based on what I've heard and what
I've read, the one- and two-bedroom lofts that are being prepared or meant to be sold to people
from outside of Miami, for instance, South Beach, or Kendall, or Miami Shores. The study
furthermore states that this rail yard project intends to bring middle-income families to the area,
and that the total project student impact on schools will be 1,733 students. This is point four
students for each of 4,500 planned units, so something doesn't seem to add up. Because it's -- the
site will be deemed a brownfield site, a Brownfield Site Advisory Committee will have to be
formed, and Biscayne Development Partners will have to enter into a Brownfield Site
Rehabilitation agreement with the DEP (Department of Environmental Protection). Before this
is actually signed however, according to State Statute, an advisory committee must be formed,
which includes residents within or adjacent to the brownfield area, businesses operating within
the brownfield area, and other seemed appropriate. This advisory committee is to be established
for the purpose of, quote, "improving public participation and receiving public comments on
rehabilitation and development of brownfield area, future land use, local employment
opportunities, community safety, and environmental justice," and that is taken from the state
statutes. Let me just conclude by saying Title I of the Housing Act of 1949 allowed the federal
government to fund local public agencies for the clearance of slums and blighted areas. Under
the laws of eminent domain, land was able to be seized for the public good. Urban renewal
projects were defined under the housing act as, quote, "acquisition of, one, a slum area or a
deteriorated -- or deteriorating area, which is predominantly residential in character, or two, any
other deteriorated or deteriorating area which is to be developed or redeveloped for
predominantly residential uses." quote. The result would be the destruction of many urban
260 July 17, 2003
communities, such as those in Miami, like Overtown, which saw a federally -funded highway cut
through it. Urban renewal projects, however, were also defined under the Housing Act as the,
quote, "acquisition of open land, which because of obsolete platting, diversity of ownership,
deterioration of structures or of site improvements substantially impairs the sound growth of the
community in which it's to be developed for a predominantly residential uses," unquote.
Chairman Winton: How much more reading are you --
Mr. Kohn: This rail yard is essentially having been purchased by Biscayne Partners, LLC and
the City of Miami, fits the latter category. The Vista Rail Yards project will be part of a long
history of failed urban renewal projects in the City of Miami, if both parties do not directly
address the real needs of surrounding communities and try and bring decent jobs for surrounding
neighborhoods, and I'm wondering when this will go before the State Division of Community
Affairs.
Chairman Winton: And how long did you say you'd been in Miami?
Mr. Kohn: Six months.
Chairman Winton: Six months?
Mr. Kohn: Yeah.
Chairman Winton: New Miami expert. Thank you. OK. Next.
Mr. Kohn: You're welcome.
Jaime Rojas: Good evening, Commissioners. My name is Jaime Rojas, with a company called
the Belias (phonetic) Group of Companies. We're located 7416 Southwest 48th Street, here in
Miami. Myself and our group are very much in favor of this project, having some interests in
further developing this portion of Miami. We feel that this project is going to be the catalyst to
bringing new economic growth, new jobs, not just within the Buena Vista project, but within the
area, and the other districts that are affected by this project, and we welcome it and hope that it
speeds through the Commission. Thank you.
Chairman Winton: Thank you. Anyone else from the public would like to speak on PZ. 18? If
not, we'll close the public hearing. I would like to put a point on the record, though, and
apparently, you know, someone that's been in Miami for six months probably needs to
understand the little of the history of this area. This neighborhood that you think is -- or that
someone may think is so concerned about the jobs, the quality jobs that are going to be brought
into this neighborhood has fought vigorously to get this site appropriately developed for
probably 15 years, number one. The second point is that this zone that this site sits in the middle
of lost 20,000 jobs from 1980 to 1990, and the current use of this site played a partial role in the
loss of those jobs, and I think most people in the community feel very strongly, based on a two
and a half year master planning process that the entire community was involved in that lead to
this Commission adopting a series of resolutions tied to the new master plan, and that master
261 July 17, 2003
plan included -- that had significant community input -- included these uses identified for that
site, so I just wanted to make sure that was on the record. Anyone else -- no one else from the
public speaking on this item. We'll close the public hearing.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I would move the adoption of the matter before us at this time -- Lourdes
-- but in moving the adoption, I would really like to just understand one thing. Madam Director,
what is the -- or what are the -- these retail components that we currently don't have? I heard
counsel make reference to some new retail activity. I thought we had pretty much everything
here. What's --
Ms. Slazyk: A component of the retail, I think, that's anticipated within here is going to be some
big box retail, but a significant amount of -- I think they called it lifestyle retail; the daily retail
needs, destination retail, which there is woefully little of in the City of Miami.
Vice Chairman Teele: There's woefully little what?
Ms. Slazyk: Of the --
Chairman Winton: Designations.
Ms. Slazyk -- big box and that destination -type retail. We have retail specialty centers, like
Bayside. We have some in Coconut Grove, but we really have very, very little major
destination -type facilities, and I think what they're proposing here is a mix of uses of residential
and retail, which is allowed under this new category and the Regional Activity Center
designation that's going to create a community within itself for this area.
Mr. Kasdin: Commissioner Teele, if you would like, Mr. Conti, from DDR, could more
specifically address the kind of retail that is being proposed.
Vice Chairman Teele: Well, just to the point of your comment, of retail that we currently don't
have, what did you have in mind?
Mr. Kasdin: Well, you'll see, as -- Mr. Conti will come up. This is an opportunity to put in big
box retail that serves the everyday needs of the largest portion of this community that cannot
easily be accommodated on many other sites in the City because this is a large, currently
undeveloped former industrial track, and so this is a unique opportunity in that respect for the
City, to provide that kind of retail. If you'd like -- OK, well, Mr. Conti will address you as to the
kinds of retail that we're talking about.
Ralph Conti: Mr. Chairman, members of council, Ralph Conti with Developers Diversified,
Beachwood, Ohio. We're a national real estate investment trust, and as you've heard, we own
and manage about 86 million square feet in 44 states; about eight percent of that 86 million
262 July 17, 2003
square feet is right here in the state of Florida. We're working on two or three different projects
right now in the state of Florida. We've -- when we determined where we want to develop a
shopping center, we do very in-depth market study. We hire an independent firm to come in and
do a market analysis for the retailers. Quite frankly, many of the retailers tell us where they want
to be, and this site has been -- at one point, this was a mall site, a regional mall site about six or
seven years ago. There is a large void in the City of Miami for specific types of retailers; soft
good retailers, discount retailers, grocery, home improvement, electronics, that type of -- your
everyday service retail, what we call destination retail. We're not going to have a Neiman
Marcus or anything like that on this site. We're talking about your general type retailing, but
they all come together in one comprehensive package to create a pedestrian -friendly
environment, and we have interest from number of national retailers to be at this site because
they cannot find a location in this market, and that's essentially what we're doing.
Chairman Winton: And you might say just something briefly about the commitment that I think
all of y'all are working on with some of the folks in the community about jobs for residents in
our surrounding neighborhoods.
Mr. Conti: Yes. We're -- typically, a project like this would -- 600,000 square feet would
produce probably somewhere in the neighborhood of, plus or minus, 2,000 jobs. That's a
combination of part-time and full-time jobs. What we typically do is go out into the community
and do an assessment of -- one of the things that's very important to the retailers is, is there
enough people in the immediate area to work at these facilities? and that study has been done by
these retailers as well, and there's clearly a situation here that would allow for that to happen, so
we generally get out to the community and we'll be commencing that process here very quickly.
Chairman Winton: Mr. De Rosa, would you like --
Mr. Kasdin: Mr. Chairman, if I may just add, and we will be working with the community
neighborhood groups to help facilitate the presentation of job opportunities because this is so
accessible to so many areas which are in need of good employment.
Chairman Winton: And I would urge y'all to make contact with Commissioner Teele's office and
get the names of other kind of community leaders who have access to people who are looking for
jobs directly from his office, and I'm sure he can help with that, as well.
Mr. De Rosa: And as you know, this is -- for a very long time --
Chairman Winton: Need your name again.
Mr. De Rosa: This is Luis De Rosa again from the Puerto Rican Chamber -- predominantly, a
Puerto Rican community, and we've met with the developing team and some of the people from
the community, and we have had discussions, and I'm proud to say that we're going to be
working with their employment services, sort of a community outreach. We're going to be doing
this through the Puerto Rican Chamber of Commerce and Dynamic CDC, so that's already in
place, and that's one of the reasons why we're excited, not only because it brings stabilization to
the community -- to the area, in fact, and to the city, and to the county, and it's -- of course, is
263 July 17, 2003
going to contributed to the tax base, but it's also creating jobs and bringing in small businesses to
the area, as well, in which we believe we're going to be part of that as well.
Chairman Winton: And frankly, from a siting standpoint, this is an area where you could easily
bring people who need employment or want employment and from Allapattah, Little Haiti --
Mr. De Rosa: From all over.
Chairman Winton: -- Little Haiti --
Mr. De Rosa: Absolutely.
Chairman Winton: -- Little Haiti, Overtown, Liberty City. I mean, it's all within -- close by, so -
Mr. De Rosa: This is a dream come true for this community for a very long time, and it is going
to create jobs for people in the community, as well, you know, other high -paying jobs, as well.
Chairman Winton: Commissioner Teele, did you have any other questions?
Vice Chairman Teele: I guess I'd rather wait until the public hearing has been completed.
Chairman Winton: OK.
Vice Chairman Teele: I think somebody had their hand up or something. I don't know.
Mr. Pfeffer: I was just going to add one thing.
Chairman Winton: You've already spoken, sir, so -- anyone else from the public would like to
speak on this item? If not, we'll close the public hearing portion of this. Commissioner Teele.
Vice Chairman Teele: You were --
Dan Pfeffer: I was just going to say my name is Dan Pfeffer. I'm the president of Midtown
Equities and one of the partners in the transaction. One of the things I think we haven't discussed
today is the fact there's going to be a mixture of uses on the site, including office. You're going
to have a mixture of the lower end jobs, the middle end jobs, as well as the higher end jobs to
provide a nice mix. The 2,000 jobs that were discussed only refer to the retail jobs that would be
created on this site, so if you add in the opportunities with the residential, the office, there'll be
some other recreational -type jobs, you could well exceed 3,000 jobs by the time this project is
finished.
Ms. Slazyk: And one more point from the Planning and Zoning Department. This project -- the
amendments before you tonight and the project in whole is consistent with the City and the
State's urban infill policies. In order to create, you know, in -town places where people can live
and work and prevent urban sprawl, one of the things that was said earlier was that this is going
to bring people from Kendall and Miami Beach; that's exactly what we want. We want people to
264 July 17, 2003
come and live in the City and work in the City, and this will reduce, you know, that commuting
and will create a real in -town atmosphere for the City of Miami.
Chairman Winton: Thank you.
Vice Chairman Teele: The public hearing is closed, but I understand that Mr. Camille Merilus is
here, and Mr. Chairman, I would ask for the privilege of allowing him to speak.
Camille Merilus: Yes, great. Thank you very much, Commissioner Teele, the honorable
Commissioners. Concerning the --
Vice Chairman Teele: Your name for the record, sir.
Mr. Merilus: Camille Merilus from Camille and Sulette Merilus Foundation. I'm the founder
and executive director, along with my wife, and I got next with me Mr. Raynald Rafael
(phonetic), a businessman from the Haitian community. Concerning the economic development
that you're talking about, we think that we really need a strong comprehensive economic
development program within the Haitian community, Little Haiti area, in order to tackle the
(UNINTELLIGIBLE) unemployment situation, and I know that Commissioner Teele has done
so much, but we think that an active economic development activity is necessary in order to
provide jobs for so many people, and also to provide a business room to all business people who
must lead, don't have the opportunity to get a business loan because of some maybe like credit
problem, et cetera, so I don't know how Commissioner Teele would like to --
Chairman Winton: Well, actually -- and thank you very much for your comments. OK. You --
we have a motion, but we don't have a second on the motion.
Commissioner Sanchez: What's the motion?
Chairman Winton: Approval.
Vice Chairman Teele: It's the approval of the ordinance.
Commissioner Sanchez: Second.
Vice Chairman Teele: Thank you very much --
Chairman Winton: Yes, sir.
Vice Chairman Teele: -- Camille. Mr. Chairman, this is a zoning matter and -- actually, it's an
ordinance that sets this up, and I'm very encouraged that Mr. De Rosa with the Chamber of
Commerce -- Puerto Rican Chamber of Commerce has spoken in support of this, and I think this
is a very important step, but I also want to ensure that the development team, many of them are
from out of town, and certainly, we don't have any prejudice or bias against people from out of
town, especially when you're coming to help us pay our property taxes, but this is a very fragile
community, it's a very important community, and I think the lawyers or the counsel that you
265 July 17, 2003
have are self-explanatory that know this community, but I really would like to just mention that
the architect that did the early study of the FEC, it's encouraging to see that he is associated with
this project because this area is literally the crossroads of the front door, if you will, of Miami,
and there are -- this is a tremendous cross -cutting highway/intersection of communities, from
Edgewater -- which is extremely important and should not be diminished in these discussions --
on the east, to Wynwood, of course, on the -- Wynwood and Allapattah on the west, and of
course Little Haiti directly to the north, and I think, if you take a -- draw a circle from the center
of the project, you'll see the point that I think Commissioner Winton was really alluding to. It's
really important, and I think this project really represents a great opportunity, not only in the
traditional sense of North American -Ohio- and Minnesota-based, and New York -based
development, not that -- to in any way belittle the challenge, but this really is probably the first
major opportunity to really do a project that's going to have as much appeal in Bogota,
Colombia, or in San Juan Puerto Rico, or Port-au-Prince, Haiti, as in Miami, and I really just did
not want to let the moment go by without us thinking in traditional northeastern, or American,
North American, Gringo, Yankee planning context, but really to think of this as a project of the
Americas. You have all of the makings; tremendous Mexican, American, Colombian, Puerto
Rican, Cuban, of course, Nicaraguan, Haitian, and categorically, there's no question that all of
the development just to the north of you was justified. I remember when Lawton Chiles started
giving -- spending money in the design district. They were calling that Little Haiti for the
purpose of getting money. Of course, once they got the money, it went back to being the design
district, but -- it's funny, but it's not funny, and so what -- the point that I'm really trying to make
is, look at this -- you have an opportunity to look at this, not only as a traditional development
project, but a unique development project that is really representative of the crossroads of Miami,
which is really the capital of this hemisphere, so I strongly support what you're doing, and I'm
really pleased, Mr. Chairman, that they've amassed a first-rate development team, and we look
forward. I know this Commission -- I'm speaking on behalf of all of my colleagues -- if there is
anything that we could do as we go down this road to move forward and expedite the concern
that the detractor -- the gentleman who spoke against the project had, and that -- his main
concern was, we need jobs, and in that regard --I don't remember the gentleman's name. Who?
Ms. Thompson: K -O -H -N, it's Kohn.
Vice Chairman Teele: Mr. Kohn, who's been here for six months, he and I think the same way.
This project must generate jobs. Otherwise, it's not going to have the support of the community,
and in losing the is support of the community, you'll not have the support of the Commission.
Create jobs and we'll follow, so --
Chairman Winton: For our local residents.
Applause
Chairman Winton: OK. Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, Commissioner Teele touched some of the important
factors that I was going to speak on, but let me just say that this is truly why the City of Miami is
moving forward and becoming a truly international city. That area, the entire area there, there
266 July 17, 2003
was 56 acres was truly an eyesore, although it served a purpose. It was truly an eyesore
downgrading a beautiful area there, which were all the surrounding communities in it. Finally,
now we're going to see something that's really going to be something that we could all be proud
of when you focus on this. The one thing that I see that I'm very proud of is that we have a
Comprehensive Plan in order where not only are you going to have in the near future a world-
class establishment there, you're also going to be able to provide jobs, and hopefully, it will be
jobs for Little Haiti, and it will be for the Edgewater, and the surrounding community, but truly,
you know, we -- you've seen development all over this City, and you're seeing what Miami can
accomplish and what it is accomplishing, and I'm sure that when this project is done, everyone
here is going to be very proud of, and of course, the entire community. It's the surrounding
communities are going to be able to drive by that area and not have to see that eyesore of stacked
containers, and you know, it's just a win/win situation for everyone, and it makes -- it really
makes me proud to be a Commissioner and vote on items like this, when you bring in world
developers, and you bring in a good team to put a great project online for this City, so thank
everyone who labored so hard on this and for allowing us a small part in your victories. Thank
you so much.
Chairman Winton: OK.
Commissioner Regalado: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Regalado: I have a question. Just a question, I guess, to Lucia. Now, what is the
process? This -- how long will it take in the State to process all this?
Ms. Dougherty: Well, we're hoping that we will actually start construction on the residential
portion next spring. That's how fast we think this is coming. If we -- we are encouraging the
State to come in with their comments back in September. We hope to have final reading in this
in September. In the meantime, you'll be seeing --
Ms. Slazyk: The zoning change.
Ms. Dougherty: -- the zoning changes coming at the same time, so we're hoping that all of the
entitlement process occurs somewhere in October/November, enabling us to start construction
some time in first of the year.
Commissioner Regalado: Thank you.
Chairman Winton: OK.
Ms. Dougherty: I want to take this opportunity, since I have the mike, to also thank Otto Boudet,
whose shepherding of this project --
Chairman Winton: Go ahead.
267 July 17, 2003
Ms. Dougherty: Never mind.
Chairman Winton: I just couldn't resist. Please finish.
Ms. Dougherty: I'm finished. Thank you very much.
Chairman Winton: Thank you. OK. We have a motion and a second. Is this an ordinance?
Read the ordinance, please.
The ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, BY CHANGING LAND USE DESIGNATION OF
THE PROPERTIES KNOWN AS THE FEC BUENA VISTA YARD
BOUNDED APPROXIMATELY BY NORTHEAST 36TH STREET ON THE
NORTH, THE FEC RIGHT-OF-WAY ON THE EAST, NORTH MIAMI
AVENUE ON THE WEST, AND NORTHEAST 29TH STREET ON THE
SOUTH, EXCLUDING THOSE PROPERTIES DESCRIBED ALONG
NORTHEAST 29TH STREET CONSISTING OF APPROXIMATELY 56.1
ACRES IN AREA; MORE PARTICULARLY DESCRIBED IN EXHIBIT A,
MIAMI, FLORIDA, FROM INDUSTRIAL AND GENERAL COMMERCIAL
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 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Ms. Thompson: The ordinance is passed on first reading, 4/0.
268 July 17, 2003
69. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND
USE ELEMENT OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY
AMENDING GOALS, OBJECTIVES AND POLICIES TO INCORPORATE LANGUAGE
REGARDING DESIGNATION OF REGIONAL ACTIVITY CENTERS WITHIN CITY AND
ESTABLISHING CRITERIA, GOALS, OBJECTIVES AND POLICIES FOR SUCH
DESIGNATIONS (Applicant(s): Joe Arriola, Chief Administrator).
Chairman Winton: Item 19, companion to 18.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. This was recommended for
approval by Planning, approval by the Planning Advisory Board, and this is the amendment to
incorporate the goals, objectives, and criteria for Regional Activity Centers.
Vice Chairman Teele: So move.
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. This is a public hearing. Anyone from the public would
like to speak on Item Number 19? Being none, we'll close the public hearing. We have a motion
and a second. Discussion. If there is no discussion, read the ordinance, please.
The ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
FUTURE LAND USE ELEMENT OF ORDINANCE NO. 10544, AS
AMENDED, THE MIAMI NEIGHBORHOOD COMPREHENSIVE PLAN, BY
AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE
LAND USE ELEMENT TO INCORPORATE LANGUAGE REGARDING THE
DESIGNATION FOR REGIONAL ACTIVITY CENTERS WITHIN THE CITY
OF MIAMI, AND ESTABLISHING CRITERIA, GOALS, OBJECTIVES, AND
POLICIES FOR SUCH DESIGNATIONS; CONTAINING A REPEALER
PROVISION, AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
269 July 17, 2003
was introduced by Vice Chairman Teele, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0.
70. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING TEXT OF FUTURE LAND
USE ELEMENT TO DESIGNATE BUENA VISTA REGIONAL ACTIVITY CENTER;
AMEND FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN BY DESIGNATING FEC BUENA VISTA YARD AS "REGIONAL ACTIVITY
CENTER", BOUNDED BY NE 36TH STREET NORTH, FEC RIGHT-OF-WAY EAST,
NORTH MIAMI AVENUE WEST AND NE 29TH STREET SOUTH, EXCLUDING CERTAIN
PROPERTIES LOCATED ALONG NE 29TH STREET, CONSISTING OF 56.10 ACRES IN
AREA (Applicant(s): Planning and Zoning Department).
Chairman Winton: PZ.20 is companion to 18 and 19.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. This is the actual designation
of the FEC (Florida East Coast) Buena Vista Yard as a Regional Activity Center and for the
record, I have the Planning Advisory Board minutes, staff analysis, and the public hearing and
notice ads (advertisements), which will be part of the record, sent to DCA (Department of
Community Affairs). I just want to incorporate them.
Chairman Winton: Thank you.
Vice Chairman Teele: So move.
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. Public hearing. Anyone from the public would like to
speak on PZ.20? If not, we'll close the public hearing. Any further discussion? Being none --
Joel Maxwell (Deputy City Attorney): Ordinance.
Chairman Winton: -- read the ordinance, please.
The ordinance was read by title into the public record by the Deputy City Attorney.
270 July 17, 2003
Chairman Winton: Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
FUTURE LAND USE ELEMENT OF ORDINANCE NO. 10544, AS
AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY
AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT TO
DESIGNATE THE BUENA VISTA REGIONAL ACTIVITY CENTER;
FURTHER AMENDING THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE PLAN BY DESIGNATING THE FEC BUENA VISTA
YARD AS A REGIONAL ACTIVITY CENTER; SAID PROPERTY MORE
PARTICULARLY KNOWN AS A PORTION OF LAND CONSISTING OF
APPROXIMATELY 56.1 ACRE IN AREA; MORE PARTICULARLY
DESCRIBED IN EXHIBIT A; MAKING FINDINGS OF CONSISTENCY
WITH ESTABLISHED CRITERIA, GOALS, OBJECTIVES, AND POLICIES
FOR REGIONAL ACTIVITY CENTERS WITHIN THE CITY OF MIAMI;
CONTAINING A REPEALER PROVISION, AND A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Teele, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0.
Chairman Winton: Thank you. I would like then -- thank you all.
71. DEFER CONSIDERATION OF PROPOSED RESOLUTION RELATED TO
EMERGENCY WAIVER OF COMPETITIVE BIDDING PROCEDURES TO PROVIDE
HEALTH CARE INSURANCE TO PART-TIME CITY EMPLOYEES, TO COMMISSION
MEETING CURRENTLY SCHEDULED FOR JULY 24, 2003.
Chairman Winton: I would like to -- we have a serious shortage of chairs, and I know that the
Virginia Key Beach Park Trust group is here, so I would like to go back to the regular agenda
and take that item up, and then we'll have more seats, so whoever's going to speak on the
Virginia Key Beach -- from the Virginia Key Beach Trust, please come forward. Yes, ma'am.
271 July 17, 2003
Gerald Marston: I need to set the computer up.
Chairman Winton: Oh, OK.
Mr. Marston: OK.
Chairman Winton: How long will that take?
Unidentified Speaker: About a minute.
Chairman Winton: OK.
Vice Chairman Teele: Thomas has got a pocket item he wants to take --
Chairman Winton: OK, do it. Pocket item. Yes, sir, Commissioner Regalado.
Commissioner Regalado: I need to --
Chairman Winton: Let him set up and --
Commissioner Regalado: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Regalado: I need to defer the emergency resolution presented by the Manager
regarding the -- to waive competitive bidding on the health care that we approved for the City of
Miami temporary and part-time workforce.
Chairman Winton: Oh, that was the -- they have the resolution now?
Commissioner Regalado: They do have the resolution, but I have a lot of questions because
what this page -- according to this page and the benefits, you know, it would hurt more than it
will help the employees of the City of Miami.
Chairman Winton: So, you want to defer it to next week?
Commissioner Regalado: I would rather defer it for next week, and then ask the Manager, you
know, if there is anything better we can give to the workers, because I mean, you know, a co-
payment of $25 to buy a medicine is not fair, and this is wrong, but --
Commissioner Sanchez: Second the deferral.
Chairman Winton: OK.
Commissioner Regalado: I just want to defer this to next --
272 July 17, 2003
Chairman Winton: Motion, second. Any 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 Regalado, who moved for its adoption:
MOTION NO. 03-817
A MOTION TO DEFER CONSIDERATION OF PROPOSED RESOLUTION
RELATED TO EMERGENCY WAIVER OF COMPETITIVE BIDDING
PROCEDURES TO PROVIDE HEALTH CARE INSURANCE TO PART-TIME
EMPLOYEES OF THE CITY OF MIAMI, TO THE COMMISSION MEETING
CURRENTLY SCHEDULED FOR JULY 24, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
72. STATE COMMISSION'S INTENT THAT ALL THOSE PERSONS RECEIVING
PENSION FROM CITY SHALL NOT HAVE EXISTING PENSION BENEFITS
DIMINISHED OR TAKEN FROM THEM OR THEIR BENEFICIARIES UNDER ANY
CIRCUMSTANCES BY CITY OF MIAMI OR ANY OF ITS PENSION BOARDS.
Commissioner Regalado: I have -- well, if you're ready.
Chairman Winton: Sure. No, go ahead, because I --
Commissioner Regalado: I have a resolution -- we have been receiving some information from
former police officers and firemen that there is a move within the Pension Board that they want
to revise many of the pensions, and this resolution, what it does -- it was written by the City
Attorney -- what it does is it states the City Commission's intent to communicate to the Pension
Board that all those persons receiving a pension from the City of Miami shall not have existing
pension benefits diminished or taken away from them or their relative under any circumstances
by the City of Miami or any of the pension boards. This is just to convey a message to the
Pension Board that is going to be dealing with this issue in the next two months, so this is my
273 July 17, 2003
motion. It's not -- it doesn't carry any action; just recommendation to the Pension Board because
they want to revise several years of pension.
Commissioner Sanchez: Second (INAUDIBLE)
Commissioner Regalado: Huh?
Commissioner Sanchez: That's an important (INAUDIBLE)
Commissioner Regalado: Sure. No, I'm just -- if I have --
Chairman Winton: Are y'all ready?
Commissioner Regalado: Yeah, we'll do it later.
Chairman Winton: Y'all ready?
Gerald Marston: It's almost there.
Chairman Winton: OK.
Mr. Marston: It's setting up the PowerPoint (INAUDIBLE).
Athalie Range: I can go ahead --
Chairman Winton: So, tell me that -- I don't understand. See, here -- let me tell you what my
concern is. I know we're doing an actuarial analysis right now where we've got the consultants
on board --
Commissioner Regalado: No, but this is different. See, there was a police officer that said, well,
if you now want to revise my pension -- because of some situation that he had in the courts
recently -- he said, you have to revise all the pensions that you have approved in the past, and
this has to do with former police officers, and there is a concern at the FOP (Fraternal Order of
Police) level and in some retired police officers that they're going to -- want to revise all the
pensions, not because of economic reasons.
Chairman Winton: OK, OK, so do you --
Commissioner Sanchez: I'm prepared -- I'll second it.
Chairman Winton: Second, so we have a motion --
Commissioner Regalado: OK, so --
Chairman Winton: -- and a second.
274 July 17, 2003
Commissioner Regalado: I'll move the resolution.
Commissioner Sanchez: Second.
Chairman Winton: And we have 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 Regalado, who moved for its
adoption:
RESOLUTION NO. 03-818
A RESOLUTION OF THE MIAMI CITY COMMISSION STATING THE CITY
COMMISSION'S INTENT THAT ALL THOSE PERSONS RECEIVING A
PENSION FROM THE CITY OF MIAMI SHALL NOT HAVE EXISTING
PENSION BENEFITS DIMINISHED OR TAKEN FROM THEM OR THEIR
BENEFICIARIES UNDER ANY CIRCUMSTANCES BY THE CITY OF
MIAMI OR ANY OF ITS PENSION BOARDS.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Regalado: Thank you.
Chairman Winton: Yes, sir. I have a request here. Apparently, gentlemen, there's some -- I think
a few elderly ladies who are in the back who are trying to get in, do we have any big, strapping
men who would like to give up their seat for a couple of ladies? Thank you very much.
Applause
Commissioner Regalado: That's being a gentleman.
275 July 17, 2003
73. PRESENTATION OF SITE PLAN/MASTER PLAN BY VIRGINIA KEY BEACH PARK
TRUST.
Chairman Winton: OK. Y'all ready?
Athalie Range: Yes, we're as ready as we're going to be and regret that we're not as ready as
we'd like to be, however.
Commissioner Sanchez: (INAUDIBLE)
Chairman Winton: OK.
Ms. Range: Thank you very much.
Chairman Winton: Go ahead, then. Yes, ma'am, you're on.
Ms. Range: Chairman Winton, honorable Commissioners, my name is Athalie Range. I reside
at 5727 Northwest 17th Avenue, here in Miami. I'm here today representing the Virginia Key
Beach Park Trust. We are -- I have been given a text, but I'm sure we have been before you a
number of times during this past three years, and you have gone through the struggle with us, all
the way back to 1999, and that's where I'll begin. I won't begin with 1930 or 1945, when we first
became a park of Virginia Key Beach because you know that only too well, and I feel that most
of the people here in the audience who are here to support us know that also. Consequently, in
the year of 1999, when a group of entrepreneurs came through to attempt to purchase this land,
we came to you with our plight, and through the efforts of leadership of Commissioner Teele,
along with each of you on this Commission, were kind enough to allow us to form a committee
to study the point -- or to study the problem of possibly getting Virginia Key Beach back to what
it once was. During these past three years, we have worked very hard to bring us to the point
where we are today. We were able to bring in $10.5 million into the City coffers, and we're very
proud of that. We are now almost ready to begin spending that money. You've been kind
enough to give us ample monies to have a budget throughout the years, which we will be
presenting to you at a proper time. I'm not going to continue to take the time. I'm going to ask
now that if our gentleman who -- the final thing I'd like to say to you is that in the past eight
months, we have gone from one portion of this community to the other to put our plight before
the people to give them a chance to have their input on what they would like to see as we restore
Virginia Key Beach. We've included the north areas of the county, we've included -- we've gone
even to the Rosenstiel School, who, I believe some of the members are here this afternoon. We
were received very warmly over there. We have letters of recommendation or of resolutions of
the Park Advisory Board commending us for our work and supporting us, and we have another
from the Waterfront Advisory Board. With these, I'm going to turn it over now to Mr. Marston,
who will give you his vision of what has come thus far. We thank you ever so much, and we
thank you for the support you've given us thus far. Thank you.
Chairman Winton: Thank you.
Gerald Marston: Give me half a second, please. We finally got it. Technology is wonderful --
276 July 17, 2003
Chairman Winton: When it works.
Mr. Marston: -- when it works.
Chairman Winton: That's why I don't use it; it never works for me.
Mr. Marston: Thank you. I think we're now ready to go. My name is Jerry Marston. I'm a
principal with Wallace, Roberts & Todd, and it has been absolutely our pleasure to work with the
Virginia Key Park -- Virginia Key Beach Park Trust over the past year in developing their master
plan. What we're showing you today is a short -form version of that -- the evolution of that
master plan, and hope that you can understand some of the process, and we'll try to keep it as
brief as we can for you. This is a historic photo of Virginia Key Beach. The master plan for the
Virginia Key Beach started or we completed the master plan in really two pieces. One is that
there was a task force that was established to look at the master plan in Virginia Key Beach in
2000, and following the directives of that task force, we have reviewed and prepared the master
plan. The public charrette took place in December of 2000, and during that charrette, there were
four teams, each of them looking at a specific type of park or a particular type of emphasis;
nature and environment parkland uses, and historic commemoration of significant pieces of site.
The task force recommendations come in three parts. Number one is the overall concept to
become a part of a regional network of waterfront parks around Biscayne Bay; connect this park
to other waterfront parks. Number two is educate the public about the site, about the history of
the site and the natural environment, and it is an absolutely beautiful natural environment with a
wonderful story to be told, and number three, provide four kinds of experiences. One is a natural
experience; second is a historical; third, a recreational, and fourth a cultural. This is the way
Virginia Key Beach was in 1953, what it looked like then, and if you compare that today, the
only thing that has really changed is a few uses in what would be the lower left hand corner have
been added, and those are the marine uses. In the upper left hand corner, the mangrove area was
taken out of the Park Trust itself. We have been on a -- let's see, since last November through
July -- process where we have met with the community on a monthly basis and informed the
community as to where we were in the process, sought advice from the community, related two
alternatives that we were preparing, and come to consensus over a master plan. We went
through this master plan as a series of alternatives. We presented alternatives and asked the
public for their input in terms of what they would really like to see there, and we also considered
the historical aspects and the designation of the site. One of those -- and this is not really
important to look at and understand the particular details of the alternatives, but one was a
centralized facilities with a cultural center, and park offices, and things in the middle of the site.
Second would be to look at dividing the park really into one which was recreation -based and the
second half would be historical or cultural significance -base, and one that had a very symbolic --
an area that we called kind of sacred ground, and that's where the historic facilities have existed.
This is where the public would like to have it be, and this was a long iterative process with a big
number of facilities, and I'd like to point out some of the highlights of those. One is that the
historic beach facility should be restored, and those include the mini -train, the picnic shelters, the
cabanas, the lifeguard stands, the carrousel, the dance pavilion, the bath house, snack bar,
parking lot, and additional picnic shelters. Some of that restoration of historic building is going
on right now. We'd also like to have education interpretation centers. We would like to have
277 July 17, 2003
oral histories of this site. We'd like to celebrate the Civil Rights history of this site. We'd like to
celebrate the on-site history of the facilities that were there that we can't build today because of
the restrictions in terms of buildings within some of the flood -prone kinds of areas. We'd like to
establish a cultural center. This cultural center would celebrate the history of the site and would
also act as a nature interpretation center for the wonderful natural environment, which was there.
We'd like to have garden courts, Memorial Groves, solar gateways, a real commemoration of the
black heritage of this site. This is one of the views from the gardens looking directly east to --
with a one particular day when we're going to have sunrise come right up the commemorative
landscape, and this garden looking out and seeing nothing but ocean from the garden itself. The
historical landscape settings would be restored. This is settings as opposed to elements. The
shoreline would be restored. The meadow would be restored. The coconut groves along the
beach would be restored. The big outdoor rooms would be restored. Obviously, water access,
and the entrance and shaded lawns that were part of the initial system. It also work at echo
system and shoreline restoration. The Army Corps of Engineers is about to begin their shoreline
stabilization and renourishment and the removal of exotic vegetations from this site, and we're
very proud of what they have contributed and what they will contribute. We want to make sure
that we protect and enhance the beach environment for the natural elements or the natural things
that are there; the turtles, the manatees, the seabirds. We'd like to restore native vegetation and
have a wonderful, operating, natural beach environment. We want to make sure that we have
beach activities for people to, in fact, go in and enjoy that natural environment and enjoy those
beach activities that should be there; the access to the water, the swimming, boating. We'd like
to have a series -- a very active trail system, which would have nature trails and accessible trails.
Along that trail system, we'd like to have nature interpretations, begin to look at what the
important about the natural environment and interpret it so that people can understand how
important it is to protect that natural environment. We plan on providing group camping
facilities on this site. Those group camping facilities would be behind the dune and they would
have the wonderful views through the dune, out to the dune, and they would have a group kind of
outdoor learning facilities there to do interpretation of that natural environment. This is a
wonderful beach pavilion, which we have proposed with its access to the water or view to the
water, and if you look way in the background, there's a little tent there, where we think there can
be wonderful beach celebrations and events on that beach. We're planning a children's
amusement area that would have a lake. Nature trails. We'd have the mini train -restored. We'd
have sand playground. The carrousel certainly would operate there; place sculptures and so forth,
but a real attraction for children. These are some of the facilities would be their active water
parks and tot lots. We'd like to maintain the special event lawn. We could have overflow
parking on stabilized lawn for about 950 cars. That says that you could support approximately
an outdoor event of 10,000 people at the maximum. With that, I'd end our presentation; ask if
there are any questions, and thank you very much for your attention.
Commissioner Regalado: I have a question. Are you taking pictures and filming the before and
after?
Mr. Marston: We have absolutely a wonderful collection of historic photographs, and yes --
Commissioner Regalado: No, no, no, not historic.
278 July 17, 2003
Mr. Marston: -- and I -- and, so we have historic photographs; we are taking pictures today, OK,
and as things are being built, we will continue to document that so that we have historic, existing
today, and then what we have created there.
Commissioner Regalado: Does the work of the U.S. Corps of Engineers will remedy the
undertow in that area?
Mr. Marston: It will not remedy the undertow, no. We do know that we have to -- that there is
one particular part of the beach, which is very dangerous, and that's the closest to the cut --
Commissioner Regalado: Right.
Mr. Marston: -- closest to the bridge. We believe that with the shoreline stabilization that the
more northern areas of the site will be useable for swimming. People swim there today and it's
not known to be overly dangerous for swimming. We know the south end is very dangerous, and
that we would post the beach for no swimming at the south end.
Commissioner Regalado: Yeah, but there's no barrier.
Mr. Marston: Well, it would certainly be posted, and it would be guarded and patrolled in that
way. I mean, today, if you access that site -- I mean, there's nothing stopping someone from, you
know --
Commissioner Regalado: No --
Mr. Marston: -- going out there today.
Commissioner Regalado: -- but -- so, they say we didn't know because it's not barrier, and it's
really a difficult undertow there.
Mr. Marston: The barriers are problematic, OK, because the barriers are floating elements in the
water, if you're talking about balls and --
Commissioner Regalado: Right.
Mr. Marston: -- rope and so forth going between them. What happens is that over the course of
time, those balls and ropes have -- what do you call them? -- barnacles attached to them, and
someone who is out there swimming around thinks that this is a wonderful place to go grab
something and just take a rest is going to end up with, you know, cuts all over them from the
barnacles, so it's not really a recommended thing to think about putting barriers --
Commissioner Regalado: That happens in South Beach.
Mr. Marston: Right, but what we are planning to do is to have postings of where you can and
cannot swim, and certainly patrols of people that the supervision of the area, which is dangerous
to have it supervised and tell people no, don't swim here, and tell them -- direct them to where
279 July 17, 2003
the safe swimming is. It's a management issue, we believe, as opposed to a physical design
issue.
Commissioner Regalado: I think -- you know, I think that we should start documenting the
progress and sending information to the Greater Miami Conventions and Visitors' Bureau
because although they focus on conventions, we need to get them in line to promote and market
this beach when it's ready to be open for tourisms, because I'm sure that there are going to be
many -- we have here three kind of tourisms: Number one, historic, because of the Civil Rights
movement; number two, echo tourism, because of the different, and number three, it's a closest
that we have -- the closest beach that we have without going to South Beach and Crandon Park,
which is crowded, so we have three kind of marketing opportunities when that is done.
Mr. Marston: Absolutely. You're absolutely right.
Gene Tinnie: I'm Gene Tinnie. I'm vice chair of the Virginia Key Beach Park Trust, and I just
wanted to step in and, of course, thank you all once again, also, but also I think you put your
finger on two matters that are very much of concern to us. As a Trust, naturally we're very
sensitive to the fact that the safety of what happens out there is, you know, going to be our
responsibility. Even the Army Corps has conceded that it won't really be until that shoreline
restoration is completed, and the growings that will be constructed, the historic ones, that we will
really know. I mean, they've done expensive studies on recurrence and so forth, but it will
always be speculative until that beach actually opens to see what the swimming conditions will
be. We continue to investigate that very possibility of buoys and ropes and so forth to create a
safe swimming area. The barnacle issue does speak to the need, if we can go with that, of just
having constant maintenance and so forth, so it's good to know that, you know, great minds
travel the same path here. You're actually right in step with many of the conversations that we're
having. I know time is limited. I did want to, for the record, mention this and to invite your
insights on it. As you heard, work is going to be beginning in a matter of weeks and months on
both the shoreline restoration, the sewer line installation -- both? -- all three -- and the building
restoration. There is a concern that I think we all share, and that's going to be that there will be a
need for increased security. Right now, the buildings have been fenced, and thanks to our staff,
Mr. Guy Forchion, our interim director, that gives us a layer of protection, but people do access
the beach by boat. There is unauthorized use. Once we start getting construction equipment and
material out there, there's going to be a need for that, so we'll be requesting a meeting with the
City Manager or his designated person to see if we can coordinate that effort, and naturally, I
wanted to bring it up as part of this presentation just to invite, you know, your comments and
your insights on that because I think it's one that we don't -- you know, it's just a practical issue
that we don't want to lose sight of as we, you know, entertain the larger picture for the future.
Chairman Winton: OK. Any -- y'all have anything else you want to -- is that it?
Mr. Tinnie: No. I think that's it.
Chairman Winton: OK.
Mr. Tinnie: Eventually -- well, Guy, you want to add something?
280 July 17, 2003
Guy Forchion: Just very quickly. Thank you, gentlemen, for allowing me the chance to speak.
I'm Guy Forchion, the interim director of the Virginia Key Beach Park Trust. We do have
someone here who does want to make a very quick comment. I know time is of the essence, but
we do have some important partners there with us; University of Miami and the federal
government that is there. Some of these support letters that came from the Waterfront Advisory
Board and from the Parks Advisory Board are in your packages showing their support of our
plan, but I do want to very quickly introduce Betty Flemming for the University of Miami.
Unidentified Speaker: Actually, (UNINTELLIGIBLE).
Mr. Forchion: Oh, I'm sorry. Ms. Flemming will not be speaking. Otis Brown.
Chairman Winton: Your name and address, too, please, for the record.
Otis brown: OK. Good evening, Vice Chair and Commissioners. I'm Otis Brown. I'm dean at
the Rosenstiel School of the University of Miami. I live at 7990 Southwest 140th Terrace.
Chairman Winton: Is that in the City of Miami?
Mr. Brown: I'm -- that's actually --
Chairman Winton: I'm just kidding.
Mr. Brown: -- now, I think, in the village of Palmetto Bay, finally, actually.
Commissioner Sanchez: They got their own city now.
Chairman Winton: Yeah.
Mr. Brown: It used to be Miami -Dade County, but why I'm here this evening is the Rosenstiel
School of the University of Miami has been on Virginia Key Beach since 19 -- well, on Virginia
Key since 1953, which is about eight or nine years after the beach itself was established and
operating. There's a strong partnership among the institutions in a community on Virginia Key.
We, in fact, hosted the original design charrette for Virginia Key Beach. Our partners include
the National Oceanic and Atmospheric Administrations, Atlantic Oceanographic and
Meteorological Labs, otherwise known as AOML; the National Marine Fishery Service,
Southeast Fishery Science Center, the MAST (Marine and Science Technology) Academy of the
Miami -Dade County Public Schools, the Seaquarium, and now we would all jointly like to
welcome the Virginia Key Beach Park Trust in this wonderful project that they've briefed you on
this evening. We believe that Virginia Key offers many natural environmental opportunities, not
only to us as environmental scientists and educators, but also to the general public. It includes
the Gulf Stream, the near shore areas in Bear Cut, Biscayne Bay, and access to Biscayne
National Park. Our research is focused mainly on the gulf stream, bay systems, Florida bay, the
Everglades and so on, but these include things such as human marine echo system interaction
studies, ocean and atmospheric circulations, sea level climate change, hurricanes, fisheries, and
281 July 17, 2003
so on, and last but not least, we pride ourselves on the way we work with government agencies,
legal business, scientific engineering and social science communities. That's why we think this
is such a great idea. We look forward to working with the Virginia Key Beach Park Trust and
support their vision to first protect and educate about this wonderful, unique environment;
secondly, to preserve its history, and thirdly, to provide a recreation area for everyone to enjoy.
I'd like to welcome them back, and thank you very much.
Chairman Winton: Thank you.
Commissioner Sanchez: Thank you, sir.
Mr. Forchion: And very quickly, if I may, Commissioners. Ms. Mabel Miller. I'd be remiss if I
did not allow one of our pioneering environmentalists to speak. She's been a big supporter of
ours and working with us very closely.
Mabel Miller: Hello. Mabel Miller, 210 Seaview Drive, Key Biscayne. I'm an environmental
education specialist retired from Dade County Schools, and in all my 55 years living in Miami
area, I have never seen the City do such a fine thing as they're doing fostering this Trust activity.
Ms. Athalie Range and Gene Tinnie and the Trust have reached out from the beginning to all of
us in the community and they've said, come and join us, and tell us what you think, and give us
advice. We've not only given advice, we've offered to help, especially with environmental
education. We've walked the territory many times, and so we offer to you, those of us in the
environmental community, the opportunity to take advantage of our expertise, pro bono. We'll
help you in every way we can, and we've enjoyed very much working with the Trust.
Chairman Winton: Thank you very much.
Mr. Forchion: With that, I will close. I know time is of the essence. There are a couple items
that we do just ask for your continued support; one, on this plan. Any other comments that you
may have that you want to add to this as we bring the final draft and final plan to you, and close
on that issue of exactly what we'll be doing with it, and also we can't move forward -- and I know
at another date we'll talk about the actual continued costs that are involved and where we are.
We've had great success gathering funds. There is a little bit further that we need to go, and we
look forward to working with you and other sources to continue that. With that --
Commissioner Sanchez: When can we --
Mr. Forchion: -- thank you.
Commissioner Sanchez: -- anticipate that, the final plan?
Mr. Forchion: I will make contact to each of your offices; there are some additional things that
you do want to add in, we would be more than happy to do that. I would imagine another week
or two and we could deliver the final product to you --
Chairman Winton: Wow.
282 July 17, 2003
Mr. Forchion: -- in terms of the master plan.
Chairman Winton: Great.
Mr. Forchion: OK.
Chairman Winton: OK.
Commissioner Sanchez: Well, thank you so much.
Mr. Forchion: Thank you.
Chairman Winton: And thank you all --
Commissioner Sanchez: Great --
Chairman Winton: -- all you volunteers for -- I mean, I know y'all are working very, very hard.
All these kinds of new things always have hiccups. We've had no shortage of hiccups on this --
Mr. Forchion: This is true.
Chairman Winton: -- and you know, I'll bet we'll have a few more, but one way or another, we're
going to work through all of these and we're going to get it done, and y'all are just doing a great
job, and I want to publicly thank again Commissioner Teele. It's been his leadership on this
thing, not -- certainly, this started before I even got here, so without Commissioner Teele's
leadership, y'all wouldn't be standing here and we wouldn't have this wonderful thing to be
talking about, so --
Vice Chairman Teele: Mr. Chairman, thank you very much. I -- and you're right, that this thing
was going in a totally different direction and one day, perhaps, the real history will get written,
but one of the things -- Mr. Marston, it was my pleasure, just a few moments -- a few hours ago
to reappoint you to the City historical advisory committee, and I'm pleased that you're investing
in your -- in the community, but one of the things, in light of the NACP [sic] Convention that's
going on on the Beach and some of the dialogue and discussion, and this whole issue of how
history gets rewritten, I just want to urge, and particularly to the members of the Trust -- I know
a lot of them are here. Maybe we should ask all of the Trust board members if you would stand
because they're all here. Maud, I also try -- I nominated you to the street closure -- street
designation committee today without your permission, but we'll talk about that later. Maud
Newbold, who was a principal there at -- what school was that in the Grove?
Maud Newbold: Carver Elementary.
Vice Chairman Teele: Carver Elementary for many years, and Ms. Pinkney, who is -- needs no
introduction, her role as the -- in the Dade County Historic Trust and preservation of our
cemetery, so we have an all-star panel, as well as the chair and vice chair that have been
283 July 17, 2003
mentioned, but I just want to urge you to be true to our history, and I'm really concerned that we
don't revise and rewrite history to make it politically correct or say things, and I was reading,
after listening to and having a long chat with Ben Hooks last night, the former executive director,
who I was pleased to sit on the dais with he and his lovely wife Francis last night, at how Black
Americans are rewriting our own history, trying to sugarcoat things and not say it like it was, and
the problem with that is generations, especially communities as dynamic as Miami is, where you
have immigrants and people come in that don't really understand what happened, so a lot of this
stuff looks foreign, and if you start rewriting it, it's going to get very confusing. Now, one of the
things that I want to know just factually is -- and it's in quotes here -- the Virginia Beach comma
-- this is from your document -- a story of the Virginia Key Beach Park. It says, quote -- let me
just read the sentence. Let me go back another sentence. "County authorities, however, to avoid
the costly embarrassment, took no legal action against the protestors, making reference to Judge
Thomas in his actions. Instead, they acquiesced, in very short order, to the protestor's demand
for an officially designated swimming area for African-Americans." Now, that's an interest use
of that term for that period. Although, only accessible by boat from a downtown dock on the
Miami River, comma, quote, "Virginia Beach comma, a Dade County park for the exclusive use
of negros," close quote, was opened on August 1, 1945. All of the signs that I've always seen
say colored people. Now, what was it? Was this --
Unidentified Speaker: Colored people.
Vice Chairman Teele: -- and I mean -- I'm just saying, I think, if this is really going to be the
laboratory -- and I'm not picking -- I'm not -- listen, I don't want to -- I just want to be on point to
let's be historically correct, and let's be very serious, academically serious, about the period that
we're writing about and what happened, because I think it's really important for children that
haven't been born yet, African-Americans that come here from Jamaica, Bahamas, Haiti and
wherever who are going to be a part of Miami to understand what this whole thing is about. I
was really -- and I'll let this go because we've got a long agenda. I was really interested in
hearing Commissioner Regalado's very, very well thought out three points, which I fully agree
with, but Tomas, let me just tell you this, so we could, as they say, "break the code," they would
not have given the colored people in 1945 a beach if it didn't have a problem, and the problem
with the beach was the currents were dangerous. Everybody all over the country knew that. You
swam at your risk --
Commissioner Regalado: I know.
Vice Chairman Teele: -- so we don't need to -- Gene, we don't need to take the responsibility for
safety; that's the City of Miami's responsibility, not the Trust, and I know that the Parks Director
has been working closely with you, but I really do think that this beach has such a history and the
history really should be told and told fully --
Ms. Range: Yes.
Vice Chairman Teele: -- and Ms. Range, I know that I just hit your, as they say in bid whist,
"long suit."
284 July 17, 2003
Ms. Range: Yes. I simply want to say this, I am so pleased that you brought this up because it
ought be printed somewhere that 1945 was not -- that was the official beginning, but I stand as
living witness to say that we were going across in boats in the 1930s. That's when it actually
started when Bear's Cut was the only place we could go, and it was during the days of
prohibition, and I'm told that the beach was curved out so that the boats could come in, drop their
wears, and get back out, and that's the only place we had to swim. Men stood around the little
children as we played in the water so that we would not get out into that current, and I think
somewhere along the way, we need to mention that we've been going over there in the `30s, not
just beginning in 1945.
Vice Chairman Teele: And Ms. Range -- and I don't want to debate this -- but I do want this on
the record. D.A. Dorsey, who was the first black millionaire, recorded millionaire, who owned --
who loaned money to Mr. Burdine's --
Ms. Range: Yes.
Vice Chairman Teele: -- to set up Burdine's, a black man --
Chairman Winton: Wow.
Vice Chairman Teele: -- owned Fisher Island --
Ms. Range: That's right.
Vice Chairman Teele: -- and until -- you've recorded it here. You said --
Commissioner Sanchez: (UNINTELLIGIBLE) couldn't pay his taxes.
Vice Chairman Teele: -- he purchased what is now known as Fisher Island so that blacks could
have a beach of their own, but due to increased property taxes, he was obliged to sell. It really
would be helpful if we knew the year -- if we could figure out -- get the year recorded that he
sold that, so that the record is very clear, because one of the things that Commissioner Sanchez
was saying was when did they go to Fisher Island? At one point, before the `40s, wasn't Fisher
Island the place where a lot of people went -- at least Ms. Sawyer has said to me at one time --
and then it moved over to Bear Cut.
Ms. Range: I see. Now, I'm a little too young for that. I can't truthfully say -- answer that
question, but I tell you, we'll put a committee on it, and the next time we come before you, we'll
have some information for you on that. Thank you very much.
Commissioner Sanchez: That's a good one.
Vice Chairman Teele: Mr. Chairman, thank you very much, but I would ask the public to give
the Trust a hand for their efforts and --
Applause
285 July 17, 2003
Commissioner Regalado: And Mr. Chairman, just a comment to -- the reason I spoke about the
undertow, and I knew because I read the history when we first -- is that I have gone by that beach
and we have a problem, because sometimes the Parks Department has a lifeguard there, but it's
not full time; it's only several days --
Commissioner Sanchez: Where?
Commissioner Regalado: -- in the summer.
Commissioner Sanchez: Where? They never have a lifeguard there.
Commissioner Regalado: On Hoby Beach.
Commissioner Sanchez: Oh, Hoby Beach.
Commissioner Regalado: Hoby Beach, but they go around and they walk, but the -- my point is
that it's the City, the entity responsible for the --
Chairman Winton: Well, that's what Commissioner Teele said.
Commissioner Regalado: -- (UNINTELLIGIBLE)), not the Trust. That was my point.
Chairman Winton: And that's Commissioner Teele's point.
Mr. Tinnie: Right, and --
Chairman Winton: OK. Let --
Mr. Tinnie: OK, point of clarification, got to indulge us just to answer your question. We share
your concern with academic excellence and correctness. The quotation comes from the brochure
from Dade County Parks, and the two brochures we have, the colored brochures refer to it as an
"improved beach with the exclusive use of negros." That's where the quote comes from. Just so
you know that we're on point. Thank you so much.
Chairman Winton: Thank you, Gene, and thank you --
Commissioner Sanchez: Thank you.
Chairman Winton: -- all for your work.
Vice Chairman Teele: Were the signs officially posted for colored? But the signs were official
signs posted by Dade County for colored only?
Unidentified Speaker: Yes.
286 July 17, 2003
Chairman Winton: So make sure you get some pictures of those signs in your deal. OK.
74. APPEAL OF A ZONING BOARD DECISION OF SPECIAL EXCEPTION.
Chairman Winton: All right. We're moving back to the Planning and Zoning agenda. And we
will go to PZ (Planning & Zoning) -- is it 21-A? Twenty-one?
Commissioner Sanchez: We're going to see what kind of chairman you are.
Chairman Winton: Well, this says 21.
Unidentified Speaker: Yeah, it's 21-A.
Vice Chairman Winton: Oh.
Joel Maxwell (Deputy City Attorney): Mr. Chairman.
Chairman Winton: Well, is it 20?
Mr. Maxwell: Twenty-one is a consolidated item. It's a consolidation of appeals from the
Zoning Board.
Chairman Winton: What did you say?
Mr. Maxwell: It's a continuation of the May 1st agenda item.
Chairman Winton: Twenty-one A.
Mr. Maxwell: For this --
Chairman Winton: Twenty-one A, right?
Mr. Maxwell: It's -- you have a 21-A and 21-B, and those are consolidated items. You're
hearing them as one item.
Chairman Winton: Oh.
Mr. Maxwell: They were appeals before, but because they are interrelated, you're hearing them
as one. And we're asking that the record below -- I'm sorry -- the record for the previous
meeting be fully incorporated. That will be all the testimony, proffers, and a full record from
that meeting be incorporated in this one so that there's no need for redundancy.
Chairman Winton: We don't have the translators? Do we have our translators here tonight? We
do?
Priscilla A. Thompson (City Clerk): Yes, we do.
287 July 17, 2003
Chairman Winton: Could we -- yes? I know, but I want to make that point right now with our
translator.
(COMMENTS OFF THE RECORD)
Chairman Winton: That's what he just said. No. And I'm going to -- we're going to say that --
would -- now hold on a second, both translators. Mr. City Attorney, would you please repeat
what you said again very clearly, and they're going to translate that message to the public.
Vice Chairman Teele: They need to all be standing. They also need to be sworn --
Chairman Winton: Yeah.
Vice Chairman Teele: -- those people who are going to speak.
Chairman Winton: You want to swear them in first?
Vice Chairman Teele: Those that are going to speak.
Ms. Thompson: Well, you want to do that first, and then whoever's going to speak --
Vice Chairman Teele: (INAUDIBLE) translator --
Ms. Thompson: -- then we can swear them in.
Chairman Winton: OK.
Vice Chairman Teele: Tell them to make sure (INAUDIBLE)
Chairman Winton: Mr. City Attorney.
Mr. Maxwell: This is a consolidated item of the appeals below, so there's only one item being
heard but it covers both issues.
(At this time, Mr. Maxwell's comments were translated in Spanish and Creole.)
Mr. Maxwell: It's a continuation of the May 1st meeting.
(At this time, Mr. Maxwell's comments were translated in Spanish and Creole.)
Mr. Maxwell: So the full record of that meeting is incorporated in these proceedings and all
evidence, proffers and so forth, that record below is included here. There's no need to repeat
that.
(At this time, Mr. Maxwell's comments were translated in Creole and Spanish.)
288 July 17, 2003
Chairman Winton: OK. Thank you. Which means that -- I want this to be very clear -- which
means that all the public comments we heard last time are on the record. They don't have to, nor
need to be, repeated.
(At this time, Chairman Winton's comments were translated in Spanish.)
Chairman Winton: Excuse me. Would you hold your microphone closer so they can hear? OK.
Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. Twenty-one A --
Ms. Thompson: Sir, I'm sorry. Now do you want --
Chairman Winton: Yes, please.
Ms. Thompson: If anyone here is going to be testifying on this issue with new material, I need
you to stand and raise your right hand so you can be sworn in.
(At this time, Ms. Thompson's comments were translated in Spanish and Creole.)
Chairman Winton: With -- the emphasis here is on new testimony.
(At this time, Chairman Winton's comments were translated in Spanish and Creole.)
Chairman Winton: That -- excuse me. Hold on. That microphone is not working.
Ms. Thompson: Ready?
Chairman Winton: OK. Thank you.
AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER CITY
CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Note for the Record: Oath translated into Spanish and Creole.
Chairman Winton: Lourdes.
Ms. Slazyk: Thank you. Items PZ -21-A and B are two appeals that were filed from Zoning
Board approvals of special exceptions. The first is a special exception to allow primary school
for 150 students. And the second was a special exception to allow joint parking facilities for
contiguous uses. This is a property that contains a school and a church, separated by a lot that is
going to be used for both uses. The Zoning Board granted these special exceptions and they
have been appealed and are here before you on the appeal. The Planning and Zoning
Department recommended approval of the special exceptions, therefore, tonight we recommend
denial of the appeal. The approval was based on findings that these were appropriate uses for the
289 July 17, 2003
area and that they had been properly executed, so we gave our presentation before, unless you
have some questions.
Vice Chairman Teele: Would you -- just repeat what you just said, please.
Ms. Slazyk: This is a special exception that the Zoning Board heard and approved. Two special
exceptions for the same property. One is for the school for 150 students, and the other one is for
shared parking for contiguous uses, because there's also a church on the property. The shared
parking is so that the school and church can use the same area for parking. Planning and Zoning
Department had recommended approval of the special exceptions, and the appeal before you
tonight is a neighborhood appeal in opposition of this, so we recommend denial of the appeal and
upholding the Zoning Board decisions.
Chairman Winton: Now, wasn't there also -- isn't this -- doesn't this have a sunset provision?
Isn't the church or the school or something -- aren't they moving within a --
Ms. Slazyk: They were proffering that.
Chairman Winton: -- within some predetermined time?
Ms. Slazyk They were proffering that. Once the special exception is granted, it's granted.
They were proffering that they were going to leave within a certain amount of time, but that's not
-- the special exception doesn't have a sunset provision in it. They just said that that's what they
were going to do.
Chairman Winton: OK. And at the last meeting where this was taken up, we encouraged both
sides to go back to the drawing board and see if we could figure out a reasonable compromise
plan, and I guess that's where we are right now, and I guess you can start. Your name and
address for the record and tell us where you might be.
Angel Morales: OK. My name's Angel Morales, 4024 Northwest 5th Avenue. Yeah, we went
back. We never met. The residents -- I remember that we got here last time, a lot of residents
couldn't make it here. We didn't have a time certain and only a few showed up. I got together
with the residents and they, ultimately, all decided they don't want -- they didn't want to give
him the eight months because the City wouldn't get involved. Like the City Attorney said, that
they wouldn't get involved in that contract. It would be a private contract, so they were in the
process of purchasing a property on 2nd Avenue, adjacent to the church that they have now. This
meeting was held like two months ago. They only wanted eight months, so that would be six
months. They, since then, purchased that property. The homeowners still don't want them to
make that residential building into a school. It's not a church issue. It's a school.
Chairman Winton: Right.
Mr. Morales: They just don't want the school there.
290 July 17, 2003
Chairman Winton: OK. This is a public hearing. Anyone from the public want to speak on this
issue, please come forward, like those --
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I would, respectfully, recommend that we hear from the appellant, the
people who are --
Chairman Winton: Thank you. That's a good idea.
Vice Chairman Teele: -- appealing. That is, the people who don't want the parking and use.
Chairman Winton: That's a good idea. Great. Absolutely.
Vice Chairman Teele: Because it is their right of appeal that we've got to make sure that it's
clearly on the record and preserved, respectfully.
Chairman Winton: Thank you. I agree. Now, we might need -- do we need translation in that
point? What the Commissioner is recommending, that I agree with, is that, from a public hearing
standpoint, we want to hear only those people who have appealed the ruling. Those people who
are opposed to the school are the people that we want to hear right now.
Vice Chairman Teele: And following those people, we will hear from the other people.
Chairman Winton: Right.
(At this time, Chairman Winton's and Vice Chairman Teele's comments were translated in
Creole and Spanish.)
Mr. Morales: OK. I also have a chart here outlining the area where the school's at, which is
located right here. I'm going to pass it on to you. And everybody that --
Vice Chairman Teele: No. You've got to stay behind the mic.
Mr. Morales: And I have signatures from every house that's in red there surrounding the school
that's against it. I have since then made a brand new petition from all the homeowners, all the
residential people within there and I have them all right here to present to the Commission who
are still against it. This petition was done a week prior to when we were supposed to come back
on June the 25th. I want to make sure everybody was still in the same situation, and I went ahead
and I got the map done. And as you can see, within a two -block area --
Commissioner Sanchez: OK. Excuse me.
Mr. Morales: -- all of the signatures that I have are colored.
291 July 17, 2003
Commissioner Sanchez: Can you provide us with the signatures?
Mr. Morales: Signatures? I have them right there. They're all (UNINTELLIGIBLE). Yes, I do.
Chairman Winton: Continue. Do you have anything else to say?
Mr. Morales: OK. Also, that -- we just -- we joined -- we got together with the people from
ACORN (Association of Community Organizations for Reform Now) and they were trying to
help us decide to see what's -- see if we could get together on this situation, and I have a speaker
here from ACORN. And, unfortunately, we didn't come to no conclusion, and they're also
backing us up, and so I have nothing else to say. I'm going to go ahead and let them go ahead
and speak also, but I have all the signatures from every one of those houses there.
Chairman Winton: Thank you. Next. Name and address for the record, please.
Wayne Millington: Hello. Good afternoon to everybody. My name is Wayne Millington and
I'm the representative -- the lead organizer of ACORN.
Vice Chairman Teele: Address, please.
Mr. Millington: Oh. It's 1580 West Flagler. And I'm the lead organizer of ACORN, which is
the largest based community organization in the United States, and, at this particular moment, we
have many supporters, many members of ACORN in this particular community, and I would like
to introduce to you the president of Florida ACORN, Mrs. Julia Colas.
Julia Colas: Yes. We're here. We oppose --
Chairman Winton: Excuse me. Two things. One, we need to get your name and address for the
record. And then, come closer to the microphone, please.
Ms. Colas: OK. My name is Julia Colas and I live at 401 Northwest 40 Street in Buena Vista,
Miami, Florida, and we are here to support the neighborhood because we don't feel like it's
enough room there for a school to be built. There's no parking area. That street is always
crowded, and we're just here -- we're backing up Angel and the rest of the people, the residents
that live next door to the school. That's on Northwest 39th Street, so we're here in support.
Vice Chairman Teele: Ms. Colas, does -- do you all have a resolution from ACORN?
Ms. Colas: No.
Vice Chairman Teele: Well, I just want to say for the record, I know ACORN and I deeply
respect ACORN, and ACORN has done a wonderful job in the area. We still haven't resolved
that --
292 July 17, 2003
Ms. Colas: I'm sorry. Yes, we do. I'm sorry. Yes, we do. Because Eric Thompson from
ACORN, he's on his way here but he got held up in traffic.
Vice Chairman Teele: But there's a resolution from the board of ACORN?
Ms. Colas: Yes.
Vice Chairman Teele: OK. Could you just submit that for the record for us, please?
Ms. Colas: I don't have it with me. Eric has all the paperwork.
Chairman Winton: OK. Next, please. Thank you. Next comment.
Ulysee Kemp: Good evening. My name is Ulysee Kemp. I'm a homeowner at 73 and also 76
Northwest 39th Street, Miami. I've been a resident in that neighborhood since 1963, and this is
something that I just strongly oppose of, not because it would be beneficial to the people that are
involved, but it's just not the right area to put it, and some of the issues that were brought were
issues that were in the previous meeting. I wasn't able to make it but I did watch it on 9, so I'm
not going to be redundant about the information.
Chairman Winton: Thank you.
Vice Chairman Teele: What was your address again?
Mr. Kemp: 73 Northwest 39th Street. I'm right down the street from the -- everybody is saying a
church issue. This is not a church issue. This is a school that the church is affiliated with. The
church wants to put a school in a residential area. They already did it with the duplex that was
there, which again these things were done without the proper documents from the City of Miami,
and also, now we're moving into an apartment building, which is a residential apartment
building, that we're trying to convert into a school. Now, everyone's saying that this is part of
the church. This is not on the church property. They're all different entities, three different
addresses. The church is one address, the duplex is another one, and the apartment building has
its own address. The apartment building is the one that they're planning on putting there to make
an additional 150 students at the school. Now, we have a 70 -something year old gentleman that
lives next door to the school. They're planning to make a playground right under his bedroom
window, and this was something that was brought to my attention because I was asking about the
parking issue. They said that, "No, we're not going to put the parking there. We're going to put
the parking between the church and the duplex." So I asked, "What are you going to do with this
property?" They said, "No. That's going to be the playground." I don't think a 70 -something
year old man that's elderly and having health problems should be faced with 150 kids under his
bedroom window.
Chairman Winton: Thank you. Next.
Vice Chairman Teele: Lourdes, do we have a site plan? Could I just -- pull it out. Let me just
see it.
293 July 17, 2003
Ms. Slazyk: Yeah. There -- it's in your package, but let me hand out the one from here.
Vice Chairman Teele: I'll give it right back.
Chairman Winton: Yes, sir. Go ahead.
Philip Reilley: Yes. My name is Philip Reilley. I reside -- I'm an attorney. I'm representing
myself here. I reside at 810 Barry Street, Miami Beach. Our -- I'm familiar with this
neighborhood seeing as my family's business, which has been in business here since 1919, was
at 36th Street and 3rd Avenue Northwest, which is a few blocks away for -- since -- from 1963 to
19 --just about three years ago, when we moved about a half block outside of the City of Miami,
into unincorporated Dade County. We've employed people in the neighborhood. We know
people in the neighborhood. I'm very familiar with this area. On this issue, basically most
people in Miami really don't like to bother other people. But the point is, is this has risen to the
level of intruding into a single-family residential area. The apartment building, which is a two-
story apartment building, was grandfathered into a single-family residential area, and that's what
they're turning -- it's an R-1 area -- that's where they want to put a school. And they have --
they've completely renovated without permits. No other -- you know, it's just --
Chairman Winton: And we've heard all of that.
Mr. Reilley: Basically, they've just done it. You know, created facts. It's not appropriate for
the neighborhood. I did make comments earlier at a Zoning hearing, which I covered a lot more
territory, but, basically, from what I can see, it's not appropriate for the neighborhood. The
neighbors don't like it. It's been a relatively stable neighborhood. The street is inappropriate for
additional traffic. It's a very narrow street. People are basically good people, who've lived there
a long time and just want their area to not be intruded upon by a use which they consider
inappropriate. It would be appropriate other places and there are many other places in the City
where it could be done. That's what the neighbors that I've been talking to, that's what they say.
And I -- my opinion, too, that it would be appropriate in other places but not intruding into the R-
1 area. They have the duplexes, I think, R-2, and the other one, C-1 or C-2. I can't remember
the other -- the exact zoning right now.
Chairman Winton: Thank you.
Mr. Reilley: The --
Chairman Winton: Try not to -- you know, we've heard all of this.
Mr. Reilley: OK.
Chairman Winton: So the whole idea was not to --
Mr. Reilley: Yeah. With --
294 July 17, 2003
Chairman Winton: -- rehear the testimony.
Mr. Reilley: You know, if they had moved it elsewhere. I missed the last meeting. I wasn't
here, but I'm just saying this is my opinion. It's too crowded for a school and the school's
inappropriate. I think myself and other people really don't care if there's a church there. That's
fine, but from what my opinion of the neighborhood and way it is, a school is not appropriate use
for that area and that's what these people are asking for you to do is to, please, no school. You
know, that basically is the summation.
Chairman Winton: Thank you. Next. Anyone else? So what's the gentleman's name that's the
homeowner association? Do you have anyone else that's going to --
Unidentified Speaker: Somebody's registering right now.
Chairman Winton: I'm sorry?
Unidentified Speaker: They're registering right now to speak.
Chairman Winton: I can't hear you.
Vice Chairman Teele: You got to speak into the --
Unidentified Speaker: They're registering right now to speak with the Clerk.
Chairman Winton: Registering? They don't need to -- just let them in here. They don't need to
regi ster.
Rosa Ramos: Good evening, Commissioners. My name is Rosa Ramos. I live at 80 Northwest
41st Street. I am a resident of the area. I don't see it wrong with the church, but as a school,
there is a problem. Thirty-ninth Street is a street that has no real curbside. Cars park on the
street, half into the meridian -type grass. You have kids that are coming out of the cars that don't
know -- you know, kids are kids, and that is not an area to have small children coming out of a
car, running into school and having -- causing accidents, death. You know, we don't need that. I
mean, it's been a very quiet neighborhood. We don't mind the church. It's fine. We have quite
a few churches on -- in fact, on Northwest 2nd Avenue, we've got maybe eight or nine churches.
It's not the church. The problem is the school. It's not safe for children. It's not an area that we
could feel that is proper to have children in there because you're not looking at their safety. My
concern really is the safety. I could see if it was a daycare and it was enclosed in. It has a fence.
It's a smaller area, fine, but a school, where you have kids coming out to play. A ball goes out.
They go out into the street. I don't care how many people you have there supervising, I was a
kid in school here. I know what it's like. Kids are going to go out from the yard, try to get a
ball, run out of a car to get to the classroom to see their friends. It's not an area that's safe, and
my concern is actually the safety of the children.
Chairman Winton: OK. Thank you.
295 July 17, 2003
Ms. Ramos: OK.
Chairman Winton: Do you have anyone else? That's it? OK. Now the -- on the --
Ms. Slazyk: There's a group, Commissioner Winton.
Chairman Winton: I'm sorry. You have to speak into the microphone. I can't hear you.
Mr. Morales: I'm going to present these photos also to pass along showing the property and the
current traffic situation.
Chairman Winton: Thank you.. Lourdes, were you saying something?
Ms. Slazyk There's another group that wanted to speak.
Chairman Winton: I cannot hear you either.
Vice Chairman Teele: In opposition?
Ms. Slazyk There's another group, I think, that wants to speak on the other side.
Chairman Winton: In --
Ms. Slazyk The support.
Chairman Winton: OK. So --
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: The last speaker -- would you just come back, Ms. Ramos? Was it Ms.
Ramos?
Ms. Thompson: Yes.
Vice Chairman Teele: Ms. Ramos, I don't know if the Manager was paying attention. I looked
right in his eyes --
Ms. Ramos: Yes, sir.
Vice Chairman Teele: -- and he didn't blink. He didn't -- would you say what you said when
you first came up about what there is not on 39th Street.
Ms. Ramos: There is no curbside. There is no real curbside. You've got a sidewalk. OK.
You've got the land, the person's property, sidewalk.
296 July 17, 2003
Vice Chairman Teele: There's no sidewalks. There's no curbing.
Ms. Ramos: No, no.
Vice Chairman Teele: There's no organization --
Ms. Ramos: No, no. There is side --
Vice Chairman Teele: -- of the swale area and the public right-of-way, and the land -- and the
whole thing is underwater almost when it rains from 39' Street, 37tH 40tH --
Ms. Ramos: Forty-first.
Vice Chairman Teele: -- Forty-first. We've had a lot of discussions about this and I just wanted
to make that point because she's here speaking but this is what we spoke about at noon today.
This is a real area.
Ms. Ramos: This is another problem that we have with our own, which is completely beside the
point.
Chairman Winton: Right.
Vice Chairman Teele: Independent of this issue.
Ms. Ramos: But we do -- that's one of the main things. How can you have --
Chairman Winton: We understand.
Ms. Ramos: -- safety?
Vice Chairman Teele: I just wanted to make sure that that was on the record and the
Management heard it.
Chairman Winton: Right.
Ms. Ramos: And it's also on those pictures. It is on those pictures.
Chairman Winton: OK. Thank you. All right. The folks that are in favor of the school, we'd
like you to come up, but, again, remember, we need new testimony, not the same testimony that
we heard last time, and who's going to be the first -- you're going to start it off?
Robert Rosenwasser: Yes.
Chairman Winton: You can pull that up. There you go.
297 July 17, 2003
Mr. Rosenwasser: My name is Robert Rosenwasser. I'm the founder of the Little Haiti Legal
Center, located at 5650 Northeast 2nd Avenue. I've been asked to speak on behalf of the church
and the school by Reverend Emy, and I have a little packet that I'd like to be able to approach
and pass out to you.
Vice Chairman Teele: Just give it to the Clerk. They'll pass it out.
Mr. Rosenwasser: Earlier in the week, I had the privilege of going to United States Federal Bar
Assembly, and when they did their swearing in, they invoked the name of God, and I noticed in
this assembly, they did not invoke the name of God. So I'd like to say, God bless the assembly
and God bless Miami. All right. We've already heard --
Chairman Winton: We did the pledge of allegiance.
Mr. Rosenwasser: When we did the swearing in.
Chairman Winton: Oh. The swearing in, right.
Mr. Rosenwasser: With the swearing in, we didn't use the name of God.
Chairman Winton: Exactly.
Mr. Rosenwasser: OK. We've already heard -- what I presented in this package has the
summary of the two previous Commission hearings and their votes. We've already heard a
thorough hashing out of the issues. You've had a thorough consideration of the issues and we've
had a hearing on the issues. At the first hearing, the Commission voted two to one to vote in
favor of the school. There was an appeal. There was another hearing. In the second hearing, the
Commission increased the margin of favoritism towards the school from six to three, to seven to
two. Now this is not a unanimous decision of the Commission. However, in political terms, this
is a landslide. There have been no new issues raised by the appeal, and, in fact, on the petition,
that was submitted by the committee who submitted the appeal, they've said, "We are against
this, and the Commission passed it, although we were against it and we are still against it."
There have been no new or compelling issues submitted by any of the people here. There are
three issues that have been submitted in the past that are against this church and school. One of
them -- and the most important one that was mentioned was the parking. Another one is that
nobody from 39th Street goes to the school, and, finally, although it was not mentioned in today's
appeal, people have mentioned land values and they want to keep the land values. I'd like to
address those very briefly. In regards to the parking, by the amendment or the variance that
allows the use of the church parking, the parking lot in the school was originally only eight
parking spaces. By combining it with the church parking lot, they increase the number of
parking spots from eight to 28. The church does not use those parking spaces during the week
when the school takes place, so they've increased by 20 spaces, which is the parking issue. In
addition to that, the school has been able to buy the property, which is behind but contiguous to
the church. This has added another 20 parking spaces, so, in addition to the 28 parking spaces
that they have, they have another 20 parking spaces, and you'll see included in your packet is the
lease, a two-year lease of the property, which was bought by the school, so if there's going to be
298 July 17, 2003
a school of 150 kids, they're going to have 48 parking spaces, which means there can be one
adult for every three children can park at the school, and I assure you, there's not as many
employees as one adult for every three children. Most of the children are driven there and
dropped off and most of the children are taken there by a bus, so this need for parking that people
are addressing, in fact, has been addressed by the school and overkill. They have more parking
than they need. The second issue is nobody lives on 39th Street who goes to the school. I think
it's clear that this is a community school. If we look at the petition that was submitted today, I
think there's about 60 signatures by the people who are in favor of opposing the school. I have
with me over 300 signatures. I'll submit this also to you gentlemen, if you would like to look at
it. We have over 300 signatures from people who live in the community. Now, if nobody is on
39th Street in those signatures, I'd ask you the question, whether the great City of Massachusetts,
who has probably nobody in Harvard University -- who lives on the same street as Harvard
University, objects to Harvard University being in their city. Clearly, this is a community
school. It's not the 39th Street school, and, finally, in the issue of land value. When I was a kid,
seven years old, I lived in New York, and my father came down to Florida to Dade County and
he looked at the school system and he tried to find the best school that we could attend when we
came down to Florida, and he found a good school and that's where we moved, and a lot of other
people moved there because people want their children to be near a good school. So the fact that
this school has been in existence for five years operating out of the church and it has increased
from a membership of 10 people to, right now, over 100 people, including serving handicapped
children, the land values are not going to go down. They're going to go up. And this is simple --
this is common sense. And we can also see this in North Miami Beach. I know from two Jewish
schools that moved from Miami Beach to North Miami Beach because the land values were so
much better over there. If you look at the values in the Miami -- in the North Miami Beach area,
in the 10th Avenue, between 183rd and 163rd Street, the land values have skyrocketed for no other
reason than because a religious school set up shop there and people want to live there so their
kids can be near the school. Now the people say that there's a safety problem with the school.
The school is completely surrounded by a fence. When I went to visit the school the first time, I
couldn't get in. I had to wait for somebody to let me in. I can assure you that there's no kid who
can get out and chase the ball, if I couldn't get in.
[APPLAUSE]
Chairman Winton: Oh, no, no, no, no, no. Excuse me. Hold on. We don't need applause.
We're all trying to hear this, so the only thing y'all are going to do by the applause is hold
everything up, so, continue on. No applause, please.
Mr. Rosenwasser: There are eight schools in this community. There are Christian schools.
There are Catholic schools. There are daycare centers that exist that are close to this community,
that serve the community that it's in. This community is called Little Haiti. It's called Little
Haiti for the same reason that Little Italy is called Little Italy. It's called Little Haiti for the same
reason that Chinatown is called Chinatown. It's because the people who live in Little Haiti are
primarily Haitian. Of the eight schools that are in Little Haiti, not one of them serve primarily
the Haitian community, except Ebenezer Christian Academy, the school at issue here. This is the
only school in Little Haiti that serves the community in which it is situated. This, in fact, is the
best place for the school. There have been -- in summary, there have been no new issues that
299 July 17, 2003
have been brought up by the opposition. Parking is taken care of. Land values -- there has been
no proof that it's going to harm the property in any way. This is a school that should be
supported by the Commission. It is by the people, of the people and for the people. Thank you.
Vice Chairman Teele: Counsel, how many people are going to be speaking?
Mr. Rosenwasser: We have -- we could have 30 people speak, but we're going to limit it to, I
would say four or five more people.
Chairman Winton: Thank you.
Mr. Rosenwasser: And one other point I'd like to bring up is the people who have graduated
from this school already, one of them is in medical school and one of them has become a
professional nurse, and this is a school that certainly serves the community that it's in.
Chairman Winton: And, if you would, would you instruct your -- the folks that are going to
come up -- we want to limit the amount of time for the rest of your group to two minutes each.
Mr. Rosenwasser: OK. Everybody, listen to the Commissioner.
Chairman Winton: No long speeches. Thank you.
Marlene Arribas: Good evening, Commissioners. I'm short and sweet all the time. I mean it.
Chairman Winton: Need your name and address, please.
Ms. Arribas: Marlene Arribas. I'm Executive Director of the Hispanic Coalition, 5659 West
Flagler. Rose and I have known Pastor Emy since 1989. We helped him put the church
together. We've worked with him constantly doing immigration work, health issues, a lot of
things. I've been to the services. I've been to the school. I've gone to the services on Saturday
night. I have not had any problem finding a parking place, and I know parking is not the issue
there, and as far as the school goes, they've got plenty of parking. He just bought the building
next door to use specifically as a parking lot. I see no other -- I was at all the other hearings
except the last one, and I do believe the main reason is not parking and I really did not like some
of the things I heard from the beginning from the neighbors, so, I am 100 percent for the school
and the church.
Chairman Winton: Thank you.
Ms. Arribas: Thank you.
Ringo Cayard: Good evening. Gentlemen of the Commission, City officials, my name is Ringo
Cayard, 5080 Biscayne Boulevard, Haitian -American Foundation. Our organization represents
and serves over 6,000 families primarily in that neighborhood, and the church, Ebenezer
Christian Academy, is basically want to make a good deed for our community. It's not like they
were asking or they are asking to open a liquor store or a go-go bar or a sex shop. They took a
300 July 17, 2003
building that was a crack house some years ago. You also have to remember, since the riot of
1980, that whole area was depressed and devastated. They took a gamble with kids of our
culture, kids who are born here and they decide to make a go by helping turning a crack house
into a church, and later on, a school. We went two steps -- and it's important for you
Commissioners to understand what's going on. We went to three zoning boards and they all
went in favor of putting the school, and these are appointees that you pick and you choose to
make the decision for you. They went to two City recommendations by the City staffers, who
are doing good work for the City to make sure that the City of Miami is a good City for all of us.
They put a school in a neighborhood where people not even want to, and now they're asking
them not to go forward with the school. I think it's basically inhuman to ask a group who fled
our country in order to get a better life now that they're trying to fix their life, which is called
"The Great Dream of America," to tell them no. They cannot put a school there. They cannot
put a church there. I think it's basically wrong. I think good judgment will prevail and you will
-- you're going to award this school to stay and the church to remain. Thank you.
Chairman Winton: Next.
Camille Merilus: Good evening, Commissioners. My name is Camille Merilus, founder and
Executive Director of Camille and Sulette Merilus Foundation. We are located at 970 Southwest
1st Street, Suite 307, at the Manuel Artime Theater. My two boys, Commissioners, are currently
attending Ebenezer Christian Academy. I pulled them from other schools to put them at
Ebenezer Christian Academy because Ebenezer Christian Academy has succeeded to get kids
graduated at the age of 14 years. And those kids this year are going to get their BS (Bachelor of
Science) from St. Thomas University. So, if I want the best for my son -- for my kids, yes, I put
them at Ebenezer Christian Academy. These people who are against the school got something
personal against Pastor Emy, Commissioners. I am calling upon you to vote "yes" to allow this
school to exist because these men who are against Pastor Emy has got something personal
against him because this house that he bought had been used as a crack house -- yes -- as a crack
house. Because of the fact that this school is going to create a better environment in this area,
that's why these men is -- you know -- is (INAUDIBLE) to force this school out of this area.
There is no -- there's never been any accidents in this area, any accidents. These people, I can
tell you, they are lying. They got some -- I will push it further because we are black. We're
Haitians, and that's why --
Chairman Winton: Excuse me.
Mr. Merilus: -- they're doing these things.
Chairman Winton: Your two minutes are up.
Mr. Merilus: OK. Thank you very much, Commissioner. I'd like you to vote "yes" tonight and
to allow this school to exist. My name is Camille Merilus. Thank you very much.
Emy Jr. Etienne: Hello. My name is Emy Jr. Etienne. I'm a former graduate of St. -- of ECA
(Ebenezer Christian Academy), and right now I'm in St. Thomas, continuing to be a computer
scientist. We have many of our graduates here that's -- most of us graduate between the ages of
301 July 17, 2003
14 and 16. I don't say that because we graduate early, but the fact that the way our school is
formed, we were able to help many kids that are handicapped in other schools, and so we have
helped them. Me, I just want to counterattack some of the things they've said. There's
somebody that stood up and said that there were accidents in their area. As long as we've moved
there, I have never had -- we've never had an accident from our -- somebody from either our
school or our church to go outside -- to have that accident, and by the way, we're on 2nd Avenue.
The accidents usually happen on 1st Avenue. The second thing I want to talk about is the fact
that they say we want to bring -- I mean, add 150 students. We're not adding. It's something we
already have pretty much. The thing is, we're just enlarging --to continue to enlarge our school.
That's it. We're not adding any more students to what we have, and we already have kids for the
150 that are in waiting lists, so, these are -- this is the ones that we're trying to make the space
for them to get to 150 and that's final. This is why we want to move over there. We're not
adding any more students than we already have. The problem is that our facility is getting too
small. We want to move our current students to the next building and take the ones that are on
the waiting list to fulfill the amount that we need and that's it, so this -- I don't understand why is
it, you know, a problem. At first, they said they had nothing else against us, but it was the
parking. Now we've corrected the parking. Make it so worse, instead of leasing, we bought the
property, so, you know, just to, you know, be at peace with them, and, you know, now they say
they don't want it anymore. They don't want it, period. We already waste money. We bought
three different properties already over there. What they want us to do with it? You know, I am -
- now, I just turned 18. Well, I'm turning 19 and I am now a voter, so now it's up to you guys to
give me an example to see who to vote for.
Chairman Winton: OK. Anyone else? Is that it?
Vice Chairman Teele: Close it.
Chairman Winton: OK. We're going to close the public hearing now. One more? One more.
Yes, sir.
Reverend Jean St. Paul: My name is Reverend Jean St. Paul. My church is located on 275
Northwest 54th Street. Pastor Emy, who own that school, is (INAUDIBLE) my friend. I also
have my -- my son-in-law live on that street, so I've been on that street long, long, since 1972. I
always pass there. I always been there. I always been in the church, but the quiet I ask, that's
the best I (INAUDIBLE). Some of my members live there -- around there, too. So I don't see
any reason these people they don't want that school there, and you know, when it's a private
school, religious school, it's the best thing United States need, so I will recommend your
Commissioner would further the school because this school been there about more than five
years, and nothing, nothing happened. No incidents. No accidents. Nothing. Everything go
right in the school. If I have children, now I will put them in that school because I'm looking for
good school, community school.
Chairman Winton: Thank you.
Reverend St. Paul: Thank you.
302 July 17, 2003
Chairman Winton: OK. We're going to close the public hearing.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir. Commissioner Teele.
Vice Chairman Teele: Thank you, Mr. Chairman. Mr. Chairman, I want to make two or three --
could the lady that's translating in Creole come forth, please? I want to make two or three quick
observations. First, I want to apologize to the pastor and to a number of people who have called
me and asked me to come to a meeting.
(At this time, Vice Chairman Teele's comments were translated in Creole.)
Vice Chairman Teele: I have refused to meet with anyone about this issue because that is the
law.
(At this time, Vice Chairman Teele's comments were translated in Creole.)
Vice Chairman Teele: And I want to explain. In zoning matters -- in matters of zoning, we are
no longer Commissioners.
(At this time, Vice Chairman Teele's comments were translated in Creole.)
Vice Chairman Teele: We are judge -- we are sitting as judges, the same as a judge in the
courthouse.
(At this time, Vice Chairman Teele's comments were translated in Creole.)
Vice Chairman Teele: That is why this procedure is called quasi-judicial.
(At this time, Vice Chairman Teele's comments were translated in Creole.)
Vice Chairman Teele: And so, just like you would not go to a judge and want to talk to him
about the case before it comes to you, you cannot meet with a Commissioner, and I want to
explain that to the public because I know a lot of people have been very upset because I was
invited to come to the church, I was invited to come and do it, and I said, "If I come, I cannot
participate."
(At this time, Vice Chairman Teele's comments were translated in Creole.)
Vice Chairman Teele: And so, we have received calls on both sides and my office has said I will
not talk to anyone, and I have not done that.
(At this time, Vice Chairman Teele's comments were translated in Creole.)
303 July 17, 2003
Vice Chairman Teele: Secondly, I would like to say to Mrs. Colas and the people from little
ACORN, especially, this matter has been before the Zoning Board -- you don't need to translate -
- on two separate -- where's Ms. Colas? -- on two separate occasions. The Zoning Board has
recommended approval of the use, that is, the parking lot for the church and the school, and the
City staff has recommended approval. Therefore, you have a very high threshold to overcome. I
have heard nothing today that overcomes that threshold, but I will say this: Knowing the area
personally, the entire geographic area, from 3e Street up to 54th Street and from Miami Avenue
over to 2nd Avenue, I know that this area has traffic problems on all of the interior streets, 39th
Street, 40th Street. The streets are too narrow. There's no real organization on the parking, the
swale area, the sidewalks, and even the drainage is a disaster in that whole area, and so, I
understand the concerns of the residents in this area, but I also understand the fact that Northwest
2nd Avenue has been literally an abandoned area since the riots, and it disturbed me that one
person speaking in opposition who said -- I think his family's been here since 1917 -- did he say
1917?
(COMMENTS OFF THE RECORD)
Vice Chairman Teele: 1905. Would say that this is a very stable area, et cetera, et cetera.
Because I think we all know that this area has really been a very depressed area, particularly
between Northwest 1st Avenue and Northwest -- all the way, really, over to Northwest 5th
Avenue. And it cries out -- Mr. Manager, this area cries out for attention that is not before us
today, but we really need to do a better job on the infrastructure. I am concerned about --
Madam Director -- about cars coming and going on the street, the 39th Street area, as opposed to
2nd Avenue area, and I need for you to explain exactly where is the parking going to be going on,
because there was mixed testimony --
Chairman Winton: And the ingress and egress.
Vice Chairman Teele: -- on the egress and ingress, and I think it would be very helpful if the
church were thinking -- would think about providing some more assurance that there'll be more
bus transportation as opposed to car transportation, and we really ought to try to get a proffer,
Mr. Counsel -- where's the attorney? We really should try to get a proffer of some commitment
to provide more bus transportation, because you really have -- if this is approved today --
because you really have to reduce the number of cars that are coming down 39th Street,
particularly from 1st Avenue going down towards 2nd Avenue, and we've really got to keep that
traffic on the 2nd Avenue side, so would you just help me and orient me as to where the parking
is going to be?
Ms. Slazyk: I think the confusion comes from an additional lot that they got for parking, which
is not part of this, that they obtained afterwards, but this plan shows the parking in between the
church and the areas used for the school. Shared parking for contiguous uses, that have peak
hours, that occur at different times is some --
Vice Chairman Teele: How close is it to Northwest 2nd Avenue?
Ms. Slazyk It's two lots away. Here's the aerial photograph.
304 July 17, 2003
Chairman Winton: Yeah. Come draw him a picture -- kind of for all of us of the ingress and
egress.
Ms. Slazyk: You can see from the area --
(COMMENTS OFF THE RECORD)
Ms. Slazyk: It -- two -- no -- two lots.
Chairman Winton: Lots.
Vice Chairman Teele: Two lots.
Ms. Slazyk Two lots, right. The actual 2nd Avenue frontage is zoned commercial and then
there's one residential lot in between that and the location of the application tonight, so you can
see that -- and that's shown -- it's showing as there's parking on it, so there really is not any
significant amount of single-family homes between this and 2nd Avenue, which is a commercial
corridor.
Vice Chairman Teele: That's what I need to hear you say.
Ms. Slazyk: That's why we recommended approval.
Vice Chairman Teele: Because that's the whole concept of the SD -6 --
Ms. Slazyk: That's SD -12.
Vice Chairman Teele: -- SD -12 overlay --
Ms. Slazyk Right.
Vice Chairman Teele: --is that if you're adjacent to a commercial area, then the impact --
Ms. Slazyk: You do surface parking there.
Vice Chairman Teele: -- is nominal and, therefore, it's allowable. That should be the basis of
the staff recommendation.
Ms. Slazyk: We rec -- our recommendation of approval was because of its location and where it
was in proximity to 2nd Avenue, which is a commercial corridor. There is no -- there is not a
whole row of homes that are going to be impacted by this between the church, school and 2nd
Avenue. It's right adjacent to it. And the location maps and plans in your backup will show that.
They've also met all the sections of the -- all the provisions of the Code.
305 July 17, 2003
Vice Chairman Teele: Well, I'm going to -- with the permission of the Chairman -- I'm going to
move to deny the appeal and sustain the decision of the Zoning Board and the City staff with one
additional condition. That the church, ECA work with the Planning Department and establish
and put on record, on file, an egress --
Chairman Winton: And ingress.
Vice Chairman Teele: -- ingress plan that minimizes the traffic down the 39th Street corridors,
and I would like to ask the Pastor if that condition is acceptable to -- you have to come to the mic
-- if that condition is acceptable to you, that you all must submit a plan to minimize the traffic
going up and down the streets. Then that plan must be acceptable to the department director.
Pastor Emy Etienne: Yes, Commissioner.
Vice Chairman Teele: Your name for the record.
Chairman Winton: Your name.
Pastor Etienne: I'm sorry. My name is Pastor Emy Etienne, 3901 Northwest 2nd Avenue.
Chairman Winton: And the answer was "yes."
Pastor Etienne: Yes.
Chairman Winton: Thank you.
Vice Chairman Teele: All right, and you might consider in that plan trying to get as many of the
people that are -- the parents to sign up for your bus service or transportation service, and
somebody back there wants to tell you something in your ear, I think, but I think, you know --
Chairman Winton: But it's not a public hearing, so I'm not --
Vice Chairman Teele: I understand but I just said in his ear.
Chairman Winton: Yeah.
Vice Chairman Teele: But I do think that the important thing is, if you're going to be in this
neighborhood, you've got to work with the people that live there, and it would be a very good
time, I think, for you to meet with the residents, especially Little ACORN, and try to give them
the plan and let them make comment before you all go final on that, but I think, just as in the
Bible, we've got to really be our brother's keeper.
Pastor Etienne: That's what we try. Yes, sir.
Vice Chairman Teele: And we've got to work more closely with the neighborhood. That would
be my motion, if it gets a second.
306 July 17, 2003
Pastor Etienne: Amen.
Chairman Winton: Commissioner Regalado, you want to second?
Commissioner Regalado: Yes, sir.
Chairman Winton: OK. We have a motion and a second. Do we have further discussion? Yes,
sir, Mr. City Attorney.
Mr. Maxwell: That would be for 21-A, and if you -- if it's approved by the Commission, I would
suggest -- and you want to do it for "B", as well, then you make the same motion.
Chairman Winton: I thought you said we combined them.
Mr. Maxwell: You did combine them and they're mirror images of one another. They were
consolidated here, but I would suggest you have two votes.
Ms. Slazyk: Yes. Especially because 21-B is the one that deals with the parking -- contiguous
parking, so I'd put it on both.
Chairman Winton: OK. Any further discussion?
Vice Chairman Teele: Roll call.
Chairman Winton: All in favor "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign opposed. Motion carries.
307 July 17, 2003
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-819
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AFFIRMING THE DECISION OF THE ZONING BOARD
AND THEREBY DENYING THE APPEAL BY NEIGHBORS OF A SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION
401, TO ALLOW A PRIMARY SCHOOL OF 150 STUDENTS FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 165 AND 171-73
NORTHWEST 39TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED
IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE AND
SUBJECT FURTHER TO A UNITY OF TITLE AND A TIME LIMITATION
OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) THIS
SPECIAL EXCEPTION SHALL RUN WITH THIS OWNER ONLY, 2) THE
SPECIAL EXCEPTION SHALL BE BROUGHT BACK TO THE ZONING
BOARD IN TWENTY-FOUR MONTHS FOR REVIEW, AT THE EXPENSE
OF THE APPLICANT, AT WHICH TIME, A LEASE FOR PARKING SPACES
NEEDS TO BE IN PLACE, AND 3) THE PROPERTY OWNER SUBMITTING
FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT A
TRAFFIC INGRESS/EGRESS PLAN AS MORE PARTICULARLY
DESCRIBED BELOW.
(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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
308 July 17, 2003
75. DENY APPEAL OF ZONING BOARD DECISION OF SPECIAL EXCEPTION SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE,
SECTION 917.9, JOINT PARKING FACILITIES FOR CONTIGUOUS USES, TO ALLOW
JOINT PARKING FACILITIES FOR CONTIGUOUS USES AT 165, 171-73 NW 39TH
STREET (Applicants(s): Nerline Etienne).
Vice Chairman Teele: I would move the same motion for the next one, with the same condition.
Commissioner Sanchez: Second.
Chairman Winton: Motion, 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 Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-820
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AFFIRMING THE DECISION OF THE ZONING BOARD
AND THEREBY DENYING THE APPEAL BY NEIGHBORS OF A SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION
917.9, TO ALLOW JOINT PARKING FACILITIES FOR CONTIGUOUS USES
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 165 AND 171-73
NORTHWEST 39TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED
IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE AND
SUBJECT FURTHER TO A UNITY OF TITLE AND A TIME LIMITATION
OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) THIS
SPECIAL EXCEPTION SHALL RUN WITH THIS OWNER ONLY, 2) THE
SPECIAL EXCEPTION SHALL BE BROUGHT BACK TO THE ZONING
BOARD IN TWENTY-FOUR MONTHS FOR REVIEW, AT THE EXPENSE
OF THE APPLICANT, AT WHICH TIME, A LEASE FOR PARKING SPACES
NEEDS TO BE IN PLACE, AND 3) THE PROPERTY OWNER SUBMITTING
FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT A
TRAFFIC INGRESS/EGRESS PLAN AS MORE PARTICULARLY
DESCRIBED BELOW.
309 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: Thank you all very much.
Vice Chairman Teele: Thank you very much.
Unidentified Speaker: Thank you.
Vice Chairman Teele: Before you leave, I want to say one thing, and I really wanted to say this
in the beginning. Everyone that has a child in here under the age of ten, would you stand up with
the child, please? Everyone that has a child in here under ten. You all are one of the best
behaved audiences that we've ever had. We've got grown-ups that can't act as responsibly, and I
would urge you to continue to love your children and keep them in the way you're raising them.
God bless you.
76. RECONSIDER MOTION NO. 03-816, WHICH HAD CONTINUED 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 JULY 24, 2003.
CLOSE, VACATE, ABANDON AND DISCONTINUE FOR PUBLIC USE PORTION OF
PUBLIC RIGHT-OF-WAY PORTION OF NW 7TH STREET BETWEEN NW IST COURT
AND METRORAIL RIGHT-OF-WAY (Applicant(s): Miami -Dade County).
Chairman Winton: Excuse me, we still have a Commission meeting we have to run, so would
you all please go out to the lobby and be quiet? You all are done; we're not done. We're going
to take a five-minute break.
The City Commission recessed at 8:35 p.m. and reconvened at 8:42 p.m. with all Commissioners
present, except Commissioner Gonzalez.
Chairman Winton: OK. Mr. Manager, did you have -- didn't you have something you wanted us
to act on?
Joe Arriola (City Manager): Oh, yeah, Crosswinds.
310 July 17, 2003
Chairman Winton: No.
Mr. Arriola: Oh, yes, yes, yes, yes. I'm so sorry. The County.
Chairman Winton: The Metrorail thing?
Mr. Arriola: Yes, yes, yes, yes, yes.
Chairman Winton: Good thing I'm here to help you, huh?
Vice Chairman Teele: Mr. Chairman.
Mr. Arriola: Sir, you said five minutes and it's been only four minutes, so I'm timed properly on
this one.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I would move to reconsider the road closure deferral that was previously
announced.
Commissioner Sanchez: Second.
Chairman Winton: Motion, 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 Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-821
A MOTION TO RECONSIDER MOTION NO. 03-816, WHICH HAD
CONTINUED 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 JULY 24, 2003.
311 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Vice Chairman Teele: Mr. Chairman, based upon the request of the Manager and his discussions
with the County Manager, as confirmed by the City Attorney, I would move the approval of the
road closure as outlined in --
Alejandro Vilarello (City Attorney): PZ.8.
Vice Chairman Teele: -- in PZ --
Joe Arriola (City Manager): PZ.8.
Vice Chairman Teele: -- number 8.
Chairman Winton: We have a motion.
Commissioner Sanchez: Second.
Chairman Winton: Second. Is this a public hearing, Mr. City Attorney?
Mr. Vilarello: No.
Chairman Winton: OK, so we have a motion and a second. Discussion?
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: This is a symbolic gift, at the request of the City Manager, to show our
confidence in the new County Manager, George Burgess --
Mr. Arriola: Absolutely.
Vice Chairman Teele: -- as a personal statement of our endorsement of his tenure as Manager in
hopes that he would last with some degree of success in a close working relationship with the
City, and it's in the district that I represent. I've somewhat held it up, but I think that there
312 July 17, 2003
appears to be movement, and I think we need to show good faith, and I have -- personally, have a
lot of confidence in George Burgess.
Mr. Arriola: So do I, sir.
Commissioner Sanchez: And I second it, acting in good faith.
Chairman Winton: OK. Any further discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-822
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC
RIGHT-OF-WAY, BEING THE PORTION OF APPROXIMATELY
NORTHWEST 7TH STREET BETWEEN NORTHWEST 1 ST COURT AND
THE METRORAIL RIGHT-OF-WAY, MIAMI, FLORIDA, LEGALLY
DESCRIBED IN ATTACHED "EXHIBIT A."
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Chairman Winton: George Burgess, motion carries.
Commissioner Sanchez: The ball's in your court.
Chairman Winton: OK.
313 July 17, 2003
77. AUTHORIZE SETTLEMENT OF CASE OF MIAMI-DADE COUNTY VS. CITY AND
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
(SEO/PW CRA); AUTHORIZE EXECUTION OF SETTLEMENT AGREEMENT BETWEEN
CITY, SEO/PW CRA AND MIAMI-DADE COUNTY FOR SAID PURPOSE.
DIRECT CITY ATTORNEY TO DEVELOP HISTORY, WITH APPROPRIATE
DOCUMENTATION, REGARDING HOW CITY AND MIAMI-DADE COUNTY CAME
INTO ACQUISITION OF LAND THAT HAD BEEN SUBJECT TO SAWYERS WALK
LITIGATION, AND TO MAKE THAT HISTORY PART OF RECORD, PRIOR TO
BRINGING PROPOSED SETTLEMENT TO COMMUNITY REDEVELOPMENT AGENCY
(CRA) FOR ITS RATIFICATION.
Vice Chairman Teele: Is there a settlement issue that you wanted to take up tonight?
Joe Arriola (City Manager): Yeah, yeah.
Alejandro Vilarello (City Attorney): Yes. It's a settlement of -- authorizing the settlement of the
case of Miami -Dade County versus the City of Miami and the Southeast Overtown/Park West
CRA (Community Redevelopment Agency). It involves the two lots in the CRA that have been
the subject of the Sawyer's Walk litigation, and the agreement essentially allows the City to have
an additional four years to commence development of the project, of a project consistent with the
CRA master plan. This has to be approved by Miami -Dade County and the --
Commissioner Sanchez: And the CRA.
Mr. Vilarello: -- Southeast Overtown/Park West CRA.
Vice Chairman Teele: Mr. Chairman, I would move the approval of the settlement as proffered
by the City Attorney.
Commissioner Sanchez: Second.
Chairman Winton: Discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
314 July 17, 2003
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-823
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE SETTLEMENT OF THE CASE OF
MIAMI-DADE COUNTY VS. CITY OF MIAMI AND SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
(SEO/PW CRA), CASE NO. 01-13810 CA 08, IN THE CIRCUIT COURT OF
THE 11TH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE
COUNTY; FURTHER AUTHORIZING THE EXECUTION OF A
SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY, SEO/PW CRA AND MIAMI-DADE COUNTY
FOR SAID PURPOSE.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I would further request that the City Attorney, prior to bringing the matter
to the CRA for their ratification, to develop the history and the documentation regarding how the
City and the County came into the acquisition of the land. Where's the City Attorney?
Mr. Vilarello: Right here. I'm listening.
Mr. Arriola: Right.
Vice Chairman Teele: How the City came into acquisition of the City land -- of the land that is
in discussion, and I would like for that history to be a part of the record because I think, you
know, people lose sight of the fact that all of the land in question was a gift over the objections
of the OMB (Office of Management & Budget) director and the inspector general of the DOT
(Department of Transportation) that I gave to the City of Miami as the Urban Mass
Transportation administrator, and I think it's important that the history be understood that I'm not
315 July 17, 2003
being parochial. I gave them the land to do what it is we said we want to do, and that's redevelop
Overtown in 1982.
Commissioner Sanchez: Second.
Vice Chairman Teele: That's an instruction to the City Attorney.
Commissioner Sanchez: It wasn't a motion?
Vice Chairman Teele: I'll call the question.
Chairman Winton: All in --
Vice Chairman Teele: Motion -- a request --
Chairman Winton: Yes.
Vice Chairman Teele: -- that the City Attorney make the history.
Chairman Winton: All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-824
A MOTION DIRECTING THE CITY ATTORNEY TO DEVELOP A
HISTORY, WITH APPROPRIATE DOCUMENTATION, REGARDING HOW
THE CITY AND MIAMI-DADE COUNTY CAME INTO THE ACQUISITION
OF THE LAND THAT HAD BEEN SUBJECT TO SAWYERS WALK
LITIGATION, AND TO MAKE THAT HISTORY PART OF THE RECORD,
PRIOR TO BRINGING PROPOSED SETTLEMENT TO THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) FOR ITS RATIFICATION.
316 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
78. DEFER TO NEXT COMMISSION MEETING PROPOSED DISCUSSION RELATING
TO DEMOLITION OF RESIDENCE LOCATED AT 5939 N.W. 5 COURT, OWNED BY
ELDERLY COUPLE, MR. AND MRS. JAMES AND ELLA THOMAS.
Chairman Winton: We have some blue sheet items that we still have to do.
Vice Chairman Teele: I would like to defer the blue page Item A on District 5, so move --
Commissioner Sanchez: Second.
Vice Chairman Teele: -- for the next meeting.
Chairman Winton: OK. Any other 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 Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-825
A MOTION TO DEFER TO THE NEXT COMMISSION MEETING A
PROPOSED DISCUSSION RELATING TO THE DEMOLITION OF THE
RESIDENCE LOCATED AT 5939 N.W. 5 COURT, OWNED BY ELDERLY
COUPLE, MR. AND MRS. JAMES AND ELLA THOMAS.
317 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
79. DIRECT MANAGER TO FLY CITY HALL FLAG AT HALF MAST ON SATURDAY,
JULY 19, 2003 FROM 1 P.M. TO 7 P.M., DURING FUNERAL OF WORLD RENOWNED
LATIN SINGER CELIA CRUZ.
Chairman Winton: I have a -- I guess my blue -- Commissioner Regalado, you have a blue sheet
item remaining, don't you?
Commissioner Regalado: No, I do not, but I do have --
Chairman Winton: OK.
Commissioner Regalado: --just a brief motion.
Chairman Winton: A brief motion? Then let me give you your brief moment for your brief
motion.
Commissioner Sanchez: Johnny, you're going to sink this?
Commissioner Regalado: Thank you.
Commissioner Sanchez: You're going to sink this?
Chairman Winton: (UNINTELLIGIBLE).
Commissioner Regalado: It only -- it's to direct the City Manager, since the City is so fully
participating in the funeral of Celia Cruz, direct the City Manager that at City Hall here to -- the
City of Miami Flag will be flown in half mast during the funeral of Celia Cruz from 1 to 7 p.m.
Unidentified Speaker: On Saturday.
Commissioner Regalado: On Saturday, on Saturday.
Vice Chairman Teele: Is that a motion or a second or what?
318 July 17, 2003
Chairman Winton: Was that a motion?
Commissioner Regalado: That's a motion. That's a motion.
Vice Chairman Teele: Second the motion.
Chairman Winton: We got a 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 motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 03-826
A MOTION DIRECTING THE CITY MANAGER TO FLY THE CITY HALL
FLAG AT HALF MAST ON SATURDAY, JULY 19, 2003 FROM 1 P.M. TO 7
P.M., DURING THE FUNERAL OF WORLD RENOWNED LATIN SINGER
CELIA CRUZ.
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, Jr.
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
80. STRONGLY URGE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION TO RECOMMEND TO DEPARTMENT OF UNITED STATES NAVY THAT
U.S. NAVY AIRCRAFT CARRIER "ORISKANY" BE DEPLOYED AS ARTIFICIAL REEF
IN MIAMI-DADE COUNTY AREA TO ENHANCE AND AUGMENT MIAMI-DADE
COUNTY'S SUCCESSFUL ARTIFICIAL REEF PROGRAM.
Chairman Winton: I just handed out a resolution to you all. You can see this picture here. It's a
Navy aircraft carrier that a group of people -- in fact, some folks from the County were trying to
Vice Chairman Teele: Mr. Chairman, you're recognized for the resolution.
319 July 17, 2003
Chairman Winton: Oh, I'm sorry. Thank you. God, you know --
Vice Chairman Teele: Go ahead.
Chairman Winton: Some day I may get this job right, just in time to not do it anymore -- and --
where was I? Oh, there's a group from Miami -Dade County, including Miami -Dade County,
that's trying to get this aircraft carrier from the Navy to sink it off the waters and off the coast
here somewhere in Miami -Dade County, and it would create just a fabulous, fabulous dive site,
and if you all remember the sinking of the Spiegel Grove in the Keys, well, you don't know how
many people know the name Spiegel Grove because it didn't go well --
Commissioner Sanchez: Because it didn't sink.
Chairman Winton: -- but people are -- and I've dove -- I've been on that wreck, and it is a
fabulous dive site, and people are coming from all over the world to dive that site. This will
make the Spiegel Grove look like the little ducky boat that your kids have in the bath tub. I
mean, this is a heck of a dive site, and so I would like us to do anything we can in support of the
County efforts to see to it that it doesn't go somewhere else in the state of Florida, and yank the
legs out from under us, so I would like to move -- there's a resolution in front of us, and
Commissioner Teele, in particular, I'd like you to read this resolution because you always have
ideas in terms of how we can improve it if we need to, because I'm not sure all -- who all the
recipients ought to be of this resolution.
Vice Chairman Teele: Well, I've read it. I mean, I think the critical thing that the resolution
perhaps should address is to instruct the Manager to direct our representatives in Washington --
you know, we got all these people that represent us, but you know, this is where lobbyists really
can be helpful --
Chairman Winton: Perfect.
Vice Chairman Teele: -- to make this a high priority about watching the lobbying effort.
Chairman Winton: So, so move this resolution with that proviso in it.
Commissioner Regalado: Two Congress members represent the City of Miami, Ileana Ross and
Kendrick Meek, and you know, they deal with the Navy budget everyday or every year. They --
we should send also a request to their office.
Chairman Winton: Great idea.
Vice Chairman Teele: Moved by Commissioner -- Chairman Winton and second by
Commissioner Regalado, as amended. Further directing that the Congress -- congressional
delegation, et cetera, be contacted and be copied. Is there further discussion? All those in favor,
signify by the sign of "aye."
The Commission (Collectively): Aye.
320 July 17, 2003
Vice Chairman Teele: Those opposed have the same right.
The following resolution was introduced by Chairman Winton, who moved for its adoption:
RESOLUTION NO. 03-827
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY
URGING THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION TO RECOMMEND TO THE DEPARTMENT OF THE
UNITED STATES NAVY THAT THE U.S. NAVY AIRCRAFT CARRIER
"ORISKANY" BE DEPLOYED AS AN ARTIFICIAL REEF IN THE MIAMI-
DADE COUNTY AREA TO ENHANCE AND AUGMENT MIAMI-DADE
COUNTY'S SUCCESSFUL ARTIFICIAL REEF PROGRAM; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Vice Chairman Teele: Thank you, Mr. Chairman.
81. GRANT COCONUT GROVE CARES, INC. ONE LAST EXTENSION OF DEADLINE TO
MAKE $7,000 PAYMENT TO CITY BY SEPTEMBER 3, 2003.
Chairman Winton: I have one more pocket item, and it's amending a resolution of Coconut
Grove Cares, Inc. If you all remember, some months ago Coconut Grove Cares had some
financial problems. They have to rent the Convention Center to do the antique show. They were
supposed to have some events and get caught up. They didn't get caught up, and they want a 30 -
day extension. My point to Coconut Grove Cares is going to be -- because I don't like doing
these kinds of -- I don't like giving extensions on extensions, but I'm willing to do this one time,
but I'm not willing to do it two times, so I would move that we provide for this one last
extension of a -- is it a -- of a payment of $7,000 to be made to the City of Miami by September
30, 2003 [sic].
Vice Chairman Teele: Is there a --
321 July 17, 2003
Chairman Winton: So move.
Vice Chairman Teele: --second?
Commissioner Regalado: Yeah, I did.
Vice Chairman Teele: Second by Commissioner Regalado. Is there objection? All those in
favor --
Commissioner Regalado: Aye.
Vice Chairman Teele: -- say "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: All opposed have the same right.
The following motion was introduced by Chairman Winton, who moved for its adoption:
MOTION NO. 03-828
A MOTION GRANTING COCONUT GROVE CARES, INC. ONE LAST
EXTENSION OF THE DEADLINE TO MAKE PAYMENT OF $7,000 TO THE
CITY OF MIAMI BY SEPTEMBER 3, 2003.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
82. DIRECT MANAGER TO COORDINATE WITH ENTITIES THAT EXCAVATE
STREETS IN DOWNTOWN MIAMI TO MAKE SURE THAT ALL EXCAVATIONS ARE
PROPERLY RESURFACED WHEN COMPLETE AND TO COME BACK WITH STATUS
REPORT.
Chairman Winton: And then I have a blue sheet item that I think we won't take up, but Mr.
Manager, would you look at my blue sheet Item B, the streets in downtown Miami we can go
through and completely resurface. Second Street is a classic example. I think it's been
resurfaced already, in total, twice, maybe in the last year; they get it resurfaced, and the next
322 July 17, 2003
night new crews are out there drawing red lines all over the damn street and starting to cut again.
This is -- this issue has been going on for three or four years downtown. I mean, it's just awful,
and there doesn't seem to be any coordination whatsoever of the entities that need to get into our
street and who controls them. They just -- you know, FP&L (Florida Power & Light) needs to --
phone coming in, so yes, sir. Well, you want to address it next time because it's late and we'll try
to get it on -- we'll bring it back next time because it's late and we all want to go home.
Commissioner Regalado: Well, you're lucky that there's -- even that they're there. Look at 16th
Terrace.
Chairman Winton: Yeah, I agree. Unbelievable. OK.
Commissioner Sanchez: All right.
83. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY
THAT IT IS BEST INTEREST TO CITY TO EFFECT REQUIRED ORANGE BOWL
REPAIRS AND MAINTENANCE BY EMERGENCY METHOD OTHER THAN FORMAL
ADVERTISING AND FORMAL COMPETITIVE BIDS AND ACCEPT BID OF
PROFESSIONAL GENERAL CONTRACTORS, INC., FOR PROJECT ENTITLED "ORANGE
BOWL STADIUM 2003 STRUCTURAL REPAIRS (SECOND BIDDING)", B-3297;
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT, TOTAL COST
$2,062,031.00.
Chairman Winton: What -- do we have any other pocket items?
Commissioner Sanchez: Pocket items.
Chairman Winton: Yes, sir.
Commissioner Sanchez: Mr. Chairman, the Administration has given me a pocket item on an
emergency project, the Orange Bowl Stadium 2003 Structural Repair, second bidding. George,
why is this an emergency?
Juan Ordonez: Juan Ordonez, chief Construction Management and Design, CIP (Capital
Improvement Projects) Department. The Orange Bowl is having an ongoing process of
structural repair that has been advised by the consultant (UNINTELLIGIBLE) that the City has
as structural engineer of records, after the request that we received from the Building Department
that the Orange Bowl need to be recertified by the 40 -year law of the Florida Building Code, so
the City is in ongoing process of repairing the stadium, and this is, let's say, the final phase of
that report that we received from (UNINTELLIGIBLE) that we are implementing.
Commissioner Sanchez: OK. This -- it is a respectfully recommended that the City Commission
adopt the attached resolution ratifying the City Manager's written finding that a valid emergency
exists concerning this project, and authorizing accepting the bid of Professional General
Contractors, Inc. for Orange Bowl stadium 2003 structural repair, second reading, received on
July 14, 2003, in the amount of one point nine four nine thirty-one total bid, Professional General
323 July 17, 2003
Contractor, Inc, and a company -- it's a local company within the City of Miami. I guess the
resolution is to ratify this $1.9 million, so move.
Commissioner Regalado: Second.
Chairman Winton: Got a motion, 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 Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-829
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOURTH -
FIFTH (4/5THS) AFFIRMATIVE VOTE, WITH ATTACHMENTS,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY THAT IT IS BEST INTEREST TO THE
CITY TO EFFECT THE REQUIRED ORANGE BOWL REPAIRS AND
MAINTENANCE BY AN EMERGENCY METHOD OTHER THAN FORMAL
ADVERTISING AND FORMAL COMPETITIVE BIDS AND ACCEPTING
THE BID OF PROFESSIONAL GENERAL CONTRACTORS, INC., THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO THE
INVITATION FOR BIDS, DATED JULY 1ST, 2003 FOR THE PROJECT
ENTITLED "ORANGE BOWL STADIUM 2003 STRUCTURAL REPAIRS
(SECOND BIDDING)", B-3297, AND THE BID PROPOSAL RECEIVED ON
JULY 14TH, 2003, IN THE AMOUNT OF $1,949,031.00; ALLOCATING
FUNDS FROM CAPITAL IMPROVEMENTS PROJECT No. 324002, TO
COVER $1,949,031.00 FOR THE CONTRACT COSTS, AND $113,000.00 FOR
EXPENSES, FOR A TOTAL COST OF $2,062,031.00; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, FOR SAID PURPOSE.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
324 July 17, 2003
84. TABLED: PROPOSED EMERGENCY ORDINANCE ESTABLISHING SPECIAL
REVENUE FUND ENTITLED "URBAN AREAS SECURITY INITIATIVE (UASI) GRANT
PROGRAM 11, FISCAL YEAR 2003".
Chairman Winton: Anyone else?
Commissioner Sanchez: Second pocket item --
Chairman Winton: Yes, sir.
Commissioner Sanchez: -- is recommendation -- it is recommended that the attached emergency
ordinance be adopted establishing a special revenue fund Urban Area Security Initiative, the
UASI Grant Program II for FY -203 [sic], and appropriating funds in the amount of $13,184,569;
consisting of a grant from the United States Department of Homeland Security, DHS, passed
through the Office of Domestic Preparedness, OPD, directed to State of Florida Division of
Emergency Management, DEM, who will sub -grant major urban areas, such as the City of
Miami and Miami -Dade County for fiscal year 2003. The funds will be used as stipulated by
grant for the purchase of specialized equipment, exercise, training, administrative service, and
development of the urban area homeland security strategy, and other planning activities of the
UASI II grant program, so move.
Vice Chairman Teele: Second.
Chairman Winton: Motion and a second. Any further discussion? Being none, all in favor,
aye.
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. Motion carries.
Priscilla A. Thompson (City Clerk): Isn't it an ordinance? Did you say --
Chairman Winton: I'm sorry?
Ms. Thompson: -- it is an emergency ordinance?
Chairman Winton: Oh, is that what you said?
Commissioner Regalado: Yeah, we need to read it.
Chairman Winton: It was an emergency ordinance?
Ms. Thompson: I thought that's what he said.
Commissioner Regalado: I --
325 July 17, 2003
Chairman Winton: Well, I didn't even --
Commissioner Regalado: I have a question.
Commissioner Sanchez: Is it an emergency?
Commissioner Regalado: It doesn't -- I haven't --
Commissioner Sanchez: Yes.
Commissioner Regalado: -- read the whole thing, but it doesn't say how much we're getting in
the City of Miami.
Vice Chairman Teele: We don't know, do we?
Unidentified Speaker: We don't know.
Commissioner Regalado: We don't know.
Vice Chairman Teele: We'll make an application.
Chief Joe Fernandez: Joe Fernandez, assistance fire chief, Department of Fire -Rescue. The first
portion of the grant -- the first deliverable was to come up with a 25 percent budget to start the
process, and of that 25 percent, which comes to $3.2 million, more than 75 percent is coming to
the City directly. We're going to be managing the grant and the control of it, so we are focusing
all the efforts on improving and enhancing those capabilities in the City.
Commissioner Regalado: Is this to pay for expenses incurred in the past or future expenses?
Chief Fernandez: The only eligible operational expense was for the two periods of orange alert,
and that was only if there was overtime incurred during those orange alert activations, and we
did not have those expenses, so we're going to be using all of the funds to develop our
capabilities for the future.
Commissioner Regalado: You didn't have police in overtime during the orange alert?
Unidentified Speaker: No. We do it on duty.
Commissioner Regalado: On duty?
Major Joseph Longueira: Major Joseph Longueira, Miami Police. Commissioner, we do it on
duty because part of the issue is, we never know if we're going to get reimbursed for this, you
know, and if we do it on overtime, there's no telling -- there's no guarantee they were going to
give us any money, so we try and do it on overtime. They ended up gives us money, but that
may not happen next time. That's part of the problem.
326 July 17, 2003
Chairman Winton: OK. Anything else? Now, so this is an emergency ordinance. Now --
Commissioner Sanchez: (INAUDIBLE)
Chairman Winton: Huh?
Commissioner Sanchez: (UNINTELLIGIBLE).
Ms. Thompson: I don't know.
Chairman Winton: I'm sorry.
Mr. Vilarello: We don't have an ordinance to read (INAUDIBLE)
Chairman Winton: What did he read?
Commissioner Sanchez: I read the package.
Mr. Vilarello: He read the description.
Commissioner Sanchez: Do you have it?
Mr. Vilarello: If the meeting is going to go on for about ten minutes, we can work out a title.
Chairman Winton: Well, OK.
85. DESIGNATE CHAIRMAN JOHNNY WINTON AS LEAD ON LITIGATION RELATED
TO PROPOSED SETTLEMENT OF CROSSWINDS, SAWYERS WALK AND POINCIANA
VILLAGE CASES.
Chairman Winton: Do we have any other items? OK.
Commissioner Sanchez: Here it is. Madam Clerk, I'll give you something.
Alejandro Vilarello (City Attorney): Late last week I sent to each of you a proposal that I
received from an entity named Crosswinds Development with regard to several CRA
(Community Redevelopment Agency) lots. The City Manager has asked me to ask the City
Commission to appoint one of you to negotiation team to review the development proposal and
the settlement agreement, the proposed settlement with the CRA and the City.
Commissioner Sanchez: Madam Clerk, I believe you need to call the roll on that.
Priscilla A. Thompson (City Clerk): I think -- let me ask Alex.
Chairman Winton: No, there's no roll call yet because they're going to do an ordinance.
327 July 17, 2003
Ms. Thompson: OK.
Chairman Winton: They've got to prepare the ordinance.
Commissioner Sanchez: OK.
Chairman Winton: So, now, I'm not sure -- what did you just say?
Mr. Vilarello: The City Manager has asked that one of you be designated by the City
Commission to participate in the discussions with Crosswinds, Sawyer's Walk, Poinciana Village
in the proposal that I sent to you earlier this week that I received from them last week.
Chairman Winton: OK.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I strongly recommend that it be Mr. Gonzalez.
Commissioner Sanchez: He's not here to defend himself.
Commissioner Regalado: He's not here.
Commissioner Sanchez: He is not here to defend himself, Art. That is not fair. See, that's why I
want to attend all the meetings and not be here because you get drafted to do these things.
Commissioner Regalado: But whoever is, and it's not me, I have some questions, especially on
that hotel with the training, and the phrase that says "in the future we'll be coming back to the
City for help and resources." That -- it is. They're offering a training center --
Mr. Vilarello: Commissioner, the -- all of the discussions that are being had are part of an
ongoing settlement discussion. Everybody has signed confidentiality agreements, so we're not
ready certainly to present anything to the City Commission, so I'd suggest --
Vice Chairman Teele: I think you need to have a litigation discussion before you go there. I
think it -- let me tell you something. I've read the three lawsuits that the City has paid out
money, substantial money, $2 million for a developer who didn't do anything, and I think we're
making the same mistake that the City made and the Manager made and those mistakes, and that
mistake is, unless and until you have a clear release from the litigant to have those discussions,
this will be Exhibit A.
Mr. Vilarello: Commissioner, we do. Before I would have any discussions with them, I have
Sawyer's Walk, Poinciana Village, and Crosswinds in full agreement that these are all purely
settlement discussions --
328 July 17, 2003
Vice Chairman Teele: Look, look.
Mr. Vilarello: -- and cannot be used in any subsequent litigation.
Chairman Winton: And that agreement's signed?
Mr. Vilarello: Yes, sir.
Vice Chairman Teele: You have an agreement by --
Mr. Vilarello: Sawyer's Walk, Poinciana Village, Crosswinds.
Vice Chairman Teele: I mean, I have refused to meet with anybody because you didn't tell me
you had releases, and when they told me that the Manager had met with some people and this,
that, and the other, I told you to get with the Manager and let's don't make the mistake that the
City has made before, because people will come right back and say the City never had their
intentions to do the right thing by us here. They were meeting with this person on this and had
this discussion on that, especially if they breakdown, if the discussions break down.
Mr. Vilarello: Absolutely.
Vice Chairman Teele: I mean, that's where the problem comes up.
Mr. Vilarello: Couldn't agree with you more, Commissioner.
Vice Chairman Teele: Mr. Chairman, this, in my opinion, is a City of Miami matter. The RFPs
(Request for Proposals), all of that stuff was done by the City. The CRA (Community
Redevelopment Agency) is merely the conduit by which --
Chairman Winton: To make something happen.
Vice Chairman Teele: -- you know, and from my point of view, the CRA should transfer the
land back to the City, if that is desirable, because at the end of the day, the litigation has to be
controlled by the City of Miami, and we need to eliminate any conflict from the City Attorney's
Office on that issue because the City Attorney can't represent the CRA and the City.
Mr. Vilarello: We have special counsel handling the litigation, as well as our office.
Chairman Winton: Well, we have two choices, either we pick someone else or we wait until
next Thursday to bring this item up again.
Vice Chairman Teele: Mr. Chairman, I think, given your background in real estate, it would
make the most sense if you did it, if you're willing to do it, but again, I think the critical thing
here is that we all know what the sheet of music is, and that we really don't make the mistakes
329 July 17, 2003
that this Commission and the management have made in the past, because you're dealing with
people who clearly --
Chairman Winton: Well, I would accept the challenge, and the reason I would accept the
challenge is because I have a tremendous amount of faith in all of you to kind of oversee, as
we're able to report back, what I'm doing, and I trust y'all completely. You will make sure that
we -- that I haven't made a mistake, and you know, somebody obviously have to be a point
person, and I do have experience in negotiating these kinds of things, so -- and it is a big, big, big
deal for us, and so I would accept that.
Vice Chairman Teele: I would also ask that the City Attorney work with the special counsel and
to provide releases between the City and the CRA on it, so that everything is back with the City,
so we're not going in different directions, because I'm going to tell you, the lawyers did not
concur with the settlement agreement, as you know, that the CRA made with the City over the
sale -- the illegal sale of the land --
Mr. Vilarello: The Arena.
Vice Chairman Teele: -- and you know, that's the only time, since I've been an elected official,
that I've overruled -- ever overruled counsel, but I felt that counsel for the CRA was clearly
representing that corporate entity, but that corporate entity's interest would be better served by
the City being released and everything, so I just think it's -- we ought to get that issue cleared up
between you and special counsel, and I have confidence in special counsel, but I think the City
ought to be given the lead so that it's not going back and forth, and I think that puts everybody in
a position.
Chairman Winton: OK. Anything else on that issue? Do you have anything else now? Do we
have any other items? Do we have --
Vice Chairman Teele: Mr. Chairman, I have a --
Chairman Winton: You're trying to --
Vice Chairman Teele: -- pocket item --
Chairman Winton: OK, great.
Vice Chairman Teele: -- I thought. It is an item --
Chairman Winton: Do you need a motion appointing me to do that, by the way?
Vice Chairman Teele: I would move that the Chairman of the Commission be designated as lead
on litigation relating to the Sawyer's Walk/Poinciana Village litigation, so moved.
Commissioner Sanchez: Second.
330 July 17, 2003
Chairman Winton: We have a motion and a second. Any other discussion? If not, all in favor,
aye.
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-830
A MOTION DESIGNATING CHAIRMAN JOHNNY WINTON AS THE LEAD
ON LITIGATION RELATED TO PROPOSED SETTLEMENT OF
CROSSWINDS, SAWYERS WALK AND POINCIANA VILLAGE CASES;
FURTHER DIRECTING THE CITY ATTORNEY TO WORK WITH SPECIAL
COUNSEL TO PROVIDE RELEASES BETWEEN THE CITY AND THE
COMMUNITY REDEVELOPMENT AGENCY (CRA) TO GIVE THE CITY
THE LEAD.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
86. DIRECT MANAGER TO FACILITATE SPONSORSHIP FOR "THE SYMPOSIUM ON
TRADE AND COMMERCE IN HAITI" SCHEDULED TO TAKE PLACE ON SATURDAY,
JULY 26, 2003, $3,000; AUTHORIZE MANAGER TO PROVIDE IN HOUSE GRAPHICS
AND PRINTING SERVICES TO SUPPORT THIS ACTIVITY FROM WITHIN AVAILABLE
BUDGET RESOURCES.
Vice Chairman Teele: A motion directing the City Manager to work with the -- this is wrong. A
motion directing the City Manager to work -- to facilitate the sponsorship -- and this is
misspelled, I think -- symposium on trade and commerce in Haiti. God, who in my office is
typing this stuff? -- scheduled to take place on Saturday, July 26, 2003, in an amount not to
exceed $3,000, provided that funds for lodging and transportation and other costs are limited to
expenditures within the city limits, and additionally authorizing the Manager to provide in-house
in-kind graphics and printing services to support this activity from within the available
departmental budget resources; the fund of -- up to $3,000 is to come from prior operating
surplus budget of District 5 FY -02. I so move --
331 July 17, 2003
Commissioner Sanchez: Second.
Vice Chairman Teele: -- and I confirm the availability of some money. They're trying to figure
out exactly what for that, but that clears the -- this is the Consul General of Haiti's request, and
that clears this item, but it also asks in addition to the direct that we provide in-kind support for
printing.
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. The motion carries.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03-831
A MOTION DIRECTING THE CITY MANAGER TO FACILITATE THE
SPONSORSHIP FOR "THE SYMPOSIUM ON TRADE AND COMMERCE IN
HAITI" SCHEDULED TO TAKE PLACE ON SATURDAY, JULY 26, 2003, IN
AN AMOUNT NOT TO EXCEED $3,000 BASED ON AVAILABILITY OF
FUNDS, PROVIDED THAT FUNDS PAY FOR LODGING,
TRANSPORTATION AND PARKING COSTS; FURTHER PROVIDING
THAT SAID FUNDS BE EXPENDED WITHIN THE MIAMI CITY LIMITS;
FURTHER AUTHORIZING THE CITY MANAGER TO PROVIDE IN HOUSE
GRAPHICS AND PRINTING SERVICES TO SUPPORT THIS ACTIVITY
FROM WITHIN THE AVAILABLE BUDGET RESOURCES.
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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
332 July 17, 2003
87. APPOINT RINGO CAYARD AS MEMBER OF SOUTH FLORIDA WORKFORCE
BOARD.
Chairman Winton: Do you have another one?
Alejandro Vilarello (City Attorney): We have the emergency ordinance.
Vice Chairman Teele: We have a memo from the Community Development Department dated
June 30, and it talks about the fact that we have got to make ten appointments to the South
Florida Employment Training Consortium before --
Commissioner Regalado: I already made three.
Vice Chairman Teele: When did you do?
Commissioner Regalado: When I received the memo, I sent it back.
Vice Chairman Teele: But --
Chairman Winton: Well, there's three of the ten.
Vice Chairman Teele: Well, we need to get on the next agenda this item, and that's next
Thursday, as a supplemental, but we really need to focus on this because we don't need to --
they're saying that we're putting the State into compliance.
Chairman Winton: I'd like to appoint Ringo Cayard.
Vice Chairman Teele: Moved by --
Commissioner Sanchez: Second.
Vice Chairman Teele: Is there objection? All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Chairman Winton, who moved for its adoption:
MOTION NO. 03-832
A MOTION APPOINTING RINGO CAYARD AS A MEMBER OF THE
SOUTH FLORIDA WORKFORCE BOARD.
333 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
Commissioner Regalado: Yeah, but we just send it by memo and Community Development will
refer that to --
Chairman Winton: Oh, OK, sorry.
Commissioner Regalado: -- their workforce board.
Chairman Winton: OK, but we need to get another one or two so we could --
Commissioner Regalado: I sent three already.
Chairman Winton: OK, great.
88. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND ENTITLED
"URBAN AREAS SECURITY INITIATIVE (UASI) GRANT PROGRAM 11, FISCAL YEAR
2003" AND APPROPRIATE $13,184,569 RECEIVED BY CITY AS GRANT FROM UNITED
STATES DEPARTMENT OF HOMELAND SECURITY (DHS); AUTHORIZE
EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED
FOR HOMELAND SECURITY EXPENSES.
Chairman Winton: Mr. City Attorney, do you have the other -- this -- you have the ordinance?
Alejandro Vilarello (City Attorney): Yes.
Chairman Winton: OK. We have one more item and then we're going home.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Sanchez: So moved.
Chairman Winton: Need a second.
Vice Chairman Teele: Second.
334 July 17, 2003
Chairman Winton: OK, the ordinance is read. Roll call, please. This is an emergency
ordinance, right?
Commissioner Sanchez: Yes.
Chairman Winton: OK. Roll call.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED "URBAN AREAS SECURITY INITIATIVE (UASI)
GRANT PROGRAM II, FISCAL YEAR 2003" AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF
$13,184,569 RECEIVED BY THE CITY AS A GRANT FROM THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY (DHS),
PASSED THROUGH THE OFFICE FOR DOMESTIC PREPAREDNESS
(ODP), DIRECTLY TO THE STATE OF FLORIDA DIVISION OF
EMERGENCY MANAGEMENT (DEM), AUTHORIZING THE CITY
MANAGER TO ACCEPT THE GRANT AND EXECUTE THE
NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY TO IMPLEMENT ACCEPTANCE OF SAID GRANT;
AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS
GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND
SECURITY EXPENSES PURSUITS OF THE UASI GRANT GUIDELINES,
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
335 July 17, 2003
was introduced by Commissioner Sanchez and seconded by Vice Chairman Teele, for adoption
as an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None
ABSENT: Commissioner Angel Gonzalez
Whereupon the Commission on motion of Commissioner Sanchez and seconded by Vice
Chairman Teele, adopted said ordinance 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. 12394
Priscilla A. Thompson (City Clerk): Second roll call. The ordinance is adopted as an emergency
measure, 4/0.
Chairman Winton: Do we have anything else? Meeting adjourned. Sorry I took --
Commissioner Sanchez: Move to adjourn.
Chairman Winton: -- kept you guys here so long. This was my worst meeting.
Commissioner Regalado: No.
Chairman Winton: No?
Commissioner Regalado: Next week.
Chairman Winton: No, no, we're rocking next week.
336 July 17, 2003
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 9:11 P.M.
Attest:
Priscilla A. Thompson
CITY CLERK
MANUEL A. DIAZ
MAYOR
337 July 17, 2003