HomeMy WebLinkAboutCC 2003-09-25 MinutesMINUTES OF REGULAR AND PLANNING & ZONING MEETING
OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 25th day of September 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 9:14 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)
Commissioner Tomas Regalado (District 4)
Vice Chairman Arthur E. Teele, Jr. (District 5) (10:25 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
1 September 25, 2003
1. EXPRESSING CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS
CITIZENS ON THE UNTIMELY DEATH OF LUIS BOTIFOLL.
Chairman Winton: I think we'll try to bring to order this Commission meeting of September 25,
2003. That means you all will have to begin to be quiet. Hello, hello, hello, hello, hello, hello,
hello? Thank you very much. Now, good morning, again, sorry for the delay. This must have
been my most confusing day, because usually, we start right on time, and I'm already thirty
minutes late, so — but, you know, when you got a lousy Chair, you got a lousy Chair. What can
you do? As the first order of business, Commissioner Regalado, would you do the invocation,
and Commissioner Gonzalez will do the pledge.
Note for the Record: An invocation was delivered by Commissioner Regalado; after which
Commissioner Gonzalez led those present in a pledge of allegiance to the flag.
Mayor Manuel A. Diaz: Good morning. Thank you, Mr. Chairman. I disagree with you. I
think you're an excellent Chair of this Commission. Before proceeding with the formalities of
the morning, I want to bring to everybody's attention, because this just happened last night, and a
lot of people may not be aware of this yet, but last night, we lost a great Miamian, Don Luis
Botifoll, who's been a member and a pillar of this community for many, many years, and helped
a lot of people through a lot of tough times, and we are going to miss him, and our prayers and
thoughts are with the family, and if we could have a moment of silence, please. Thank you.
Commissioner Sanchez: Present a proclamation of condolence to his family, signed by all the
Commissioners and presented to his family, so move.
Commissioner Gonzalez: Second.
Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 03-1023
A RESOLUTION OF THE MIAMI CITY COMMISSION A RESOLUTION OF
THE MIAMI CITY COMMISSION EXPRESSING CONDOLENCES ON
BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS ON THE
UNTIMELY DEATH OF LUIS BOTIFOLL.
2 September 25, 2003
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman Johnny L. Winton
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
2. PRESENTATIONS & PROCLAMATIONS
SALUTE TO HEART OF OUR PARKS - SUMMER IN THE CITY MUSIC SERIES: TONY
WAGNER, JOSE J, SOTO, II, PABLO CANTON, RODOLFO CHICAGO RIVAS, JOHN
DATO, DR. LUMANE P. CLAUDE, DARRYL GUNDEN (IN ABSENTIA), WILMA
WILCOX, SABRINA BOUIE, GARY MASON, DONALD KNOWLES, CHRISTINE
MORALES, KATHY COTTLE, SUZANNE MOSHER, ROXINY RIVAS-PENA, TOM
THIELEN, NANCY GARCIA, JANE GILBERT, NINA FERRE, KATHY WALKER,
HEATHER BETTNER, MONICA RABASSA, PHIL FISHER, MARIE LOUISSAINT,
ROBERT STARKE, GWENDOLYN KITCHEN, AND ODDIS MESA.
COMMENDATIONS TO INDIVIDUALS WHO WORKED DILIGENTLY IN THE ARREST
OF THE SHENANDOAH RAPIST: SERGEANT WILLIAM GOLDING, MIAMI POLICE
SEXUAL BATTERY UNIT, FLORIDA DEPARTMENT OF LAW ENFORCEMENT, MIAMI-
DADE POLICE DEPARTMENT, AND HIALEAH POLICE DEPARTMENT.
COMMENDATIONS TO MAGY MARCOS AND RUBEN AVILA IN RECOGNITION OF
ASSISTANCE TO VICTIMS OF FIRE IN WEST LITTLE HAVANA APARTMENT
BUILDING.
SALUTE TO CELIO ARRIAGA, THE NEW PRESIDENT OF THE GREATER MIAMI
CHAMBER OF COMMERCE.
Presentations and proclamations presented.
3 September 25, 2003
3. CONSENT AGENDA.
Chairman Winton: Please let the record show that there are no mayoral vetoes, and with that we
can go to the consent agenda.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Sanchez: There are two items that I would like to pull for clarification, just for
discussion. Those two items are CA.7 and CA.8.
Chairman Winton: OK. Mr. Manager, CA.7.
Commissioner Gonzalez: Mr. Chairman.
Alejandro Vilarello (City Attorney): Mr. Chairman.
Commissioner Gonzalez: Move the consent agenda.
Chairman Winton: Oh, you got a --
Commissioner Gonzalez: The balance of the consent agenda.
Commissioner Sanchez: Yeah.
Chairman Winton: You got answers already?
Commissioner Sanchez: No. We usually defer the items for discussion --
Chairman Winton: Oh, you want to move them out.
Commissioner Sanchez: -- and we approve --
Chairman Winton: OK, got it, got it.
Commissioner Sanchez: -- the consent agenda, and we come back.
Chairman Winton: We have a motion on the CA (consent agenda) agenda, with the exception of
7and 8.
Commissioner Sanchez: Second.
Chairman Winton: Second. Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
4 September 25, 2003
Chairman Winton: Like sign, opposed. The motion carries.
Note for the Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS
THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION
CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR
AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY
COMMISSION.
THEREUPON MOTION DULY MADE BY COMMISSIONER GONZALEZ AND
SECONDED BY COMMISSIONER SANCHEZ, THE CONSENT AGENDA ITEMS WERE
PASSED BY THE FOLLOWING VOTE:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
3.1 ACCEPT BID OF CONDO ELECTRIC MOTOR REPAIR, INC., FOR PROJECT
ENTITLED "CITYWIDE STORMWATER PUMP STATION MAINTENANCE CONTRACT
B-5696," $91,160; ALLOCATE FUNDS FROM PUBLIC WORKS STORMWATER UTILITY
TRUST FUND ACCOUNT $100,000
RESOLUTION NO. 03-1024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE BID OF CONDO ELECTRIC MOTOR
REPAIR, INC., FOR THE PROJECT ENTITLED "CITYWIDE
STORMWATER PUMP STATION MAINTENANCE CONTRACT B-5696," IN
THE AMOUNT OF $91,160; ALLOCATING FUNDS FROM PUBLIC WORKS
STORMWATER UTILITY TRUST FUND ACCOUNT NO. 001000-311003-6-
340, IN THE AMOUNT OF $91,160, TO COVER CONTRACT COSTS PLUS
$8,840 TO COVER ESTIMATED EXPENSES INCURRED BY THE CITY,
FOR ESTIMATED TOTAL PROJECT COSTS OF $100,000, AS SET FORTH
ON THE TABULATION FOR BIDS DOCUMENT AND THE DEPARTMENT
OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND
INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR
SAID PURPOSE.
5 September 25, 2003
3.2 AUTHORIZE PURCHASE OF ONE (1) 12 -YARD DUMP TRUCK FOR DEPARTMENT
OF SOLID WASTE, FROM ATLANTIC TRUCK CENTER, UTILIZING EXISTING STATE
OF FLORIDA CONTRACT NO. 070-700-03-1, $68,380; ALLOCATE FUNDS FROM
FISCAL YEAR 2002-2003 CAPITAL IMPROVEMENTS PROJECT.
RESOLUTION NO. 03-1025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
PURCHASE OF ONE (1) 12 -YARD DUMP TRUCK FOR THE
DEPARTMENT OF SOLID WASTE, FROM ATLANTIC TRUCK CENTER,
UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 070-700-03-1,
EFFECTIVE THROUGH MAY 31, 2004, SUBJECT TO ANY EXTENSIONS
OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR A
TOTAL AMOUNT NOT TO EXCEED $68,380; ALLOCATING FUNDS
FROM FISCAL YEAR 2002-2003 CAPITAL IMPROVEMENTS PROJECT
NO. 353010.329402.6.840.
3.3 AUTHORIZE FUNDING OF CRIME STOPPERS OF MIAMI-DADE COUNTY INC.;
ALLOCATE $10,000, FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 03-1026
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
FUNDING OF CRIME STOPPERS OF MIAMI-DADE COUNTY INC.;
ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $10,000, FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001 SUCH
EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE
AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055,
AS AMENDED.
6 September 25, 2003
3.4 ACCEPT DONATION OF IN-KIND SERVICES VALUED AT $50,000 FROM TURKEL
RESOURCE FOUNDATION, CONSISTING OF IMPROVEMENTS TO CITY -OWNED
PROPERTY LOCATED AT 100 NORTHWEST 17TH STREET, COMMONLY KNOWN AS
"DORSEY LIBRARY".
RESOLUTION NO. 03-1027
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE DONATION OF IN-KIND SERVICES
VALUED AT APPROXIMATELY $50,000 FROM THE TURKEL RESOURCE
FOUNDATION ("FOUNDATION"), CONSISTING OF IMPROVEMENTS TO
CITY -OWNED PROPERTY LOCATED AT 100 NORTHWEST 17TH
STREET, MIAMI, FLORIDA, COMMONLY KNOWN AS THE "DORSEY
LIBRARY;" AUTHORIZING THE CITY MANAGER TO EXECUTE A
REQUIRED INDEMNIFICATION AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, AND SUBJECT TO THE FOUNDATION PROVIDING
INSURANCE DEEMED APPROPRIATE BY THE DEPARTMENT OF RISK
MANAGEMENT.
3.5 AMEND RESOLUTION NO. 01-853 TO INCREASE NUMBER OF TRAFFIC LAW
ENFORCEMENT MOTORCYCLES TO BE LEASED BY FOUR, FROM NINETEEN TO
TWENTY-THREE (23), AND TO INCREASE ANNUAL CONTRACT AMOUNT BY $8,400,
FROM $39,900 TO $48,300; AND FURTHER AUTHORIZE MANAGER TO EXECUTE
AMENDMENT TO EXISTING AGREEMENT WITH FT. LAUDERDALE HARLEY-
DAVIDSON, INC.; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT.
RESOLUTION NO. 03-1028
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH FT. LAUDERDALE HARLEY-DAVIDSON, INC.,
TO INCREASE THE NUMBER OF TRAFFIC LAW ENFORCEMENT
MOTORCYCLES TO BE LEASED BY FOUR, FROM NINETEEN TO
TWENTY-THREE, AND INCREASING THE ANNUAL CONTRACT, IN AN
AMOUNT NOT TO EXCEED $8,400, FROM $39,900 TO $48,300; FURTHER
AMENDING RESOLUTION NO. 01-853, ADOPTED SEPTEMBER 13, 2001,
TO REFLECT SAID INCREASES; ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENTS PROJECT NO. 311850, ACCOUNT CODE NO.
429401.6.880, FOR SAID MOTORCYCLE LEASE.
7 September 25, 2003
3.6 AUTHORIZE MANAGER TO ENTER INTO VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITH VARIOUS FEDERAL,
STATE AND LOCAL LAW ENFORCEMENT AGENCIES TO ENSURE PUBLIC SAFETY
IN CITY AND ACROSS AREA MULTI -JURISDICTIONAL LINES BY PROVIDING
ADEQUATE LEVELS OF POLICE SERVICES IN EVENT OF UNFORESEEABLE
ROUTINE OR EMERGENCY SITUATIONS.
RESOLUTION NO. 03-1029
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER
INTO A VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANCE MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH VARIOUS FEDERAL, STATE AND LOCAL
LAW ENFORCEMENT AGENCIES, PURSUANT TO CHAPTER 23,
FLORIDA STATUTES, TO ENSURE PUBLIC SAFETY IN THE CITY OF
MIAMI AND ACROSS AREA MULTI -JURISDICTIONAL LINES BY
PROVIDING ADEQUATE LEVELS OF POLICE SERVICES IN THE EVENT
OF ANY UNFORESEEABLE ROUTINE OR EMERGENCY SITUATIONS.
4. 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, $150,000; ALLOCATE FUNDS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND.
Chairman Winton: Mr. Manager, would you like to -- are you prepared to address either of those
at this time?
Alejandro Vilarello (City Attorney): These are my items.
Chairman Winton: OK. Mr. City Attorney.
Commissioner Sanchez: On CA.7, it's my understanding that we have already spent $925,000
on the billboard advertisement settlements.
Mr. Vilarello: Litigation.
Commissioner Sanchez: Litigation. Now, there is no settlement, but there is talk of a settlement,
correct?
Mr. Vilarello: We had some very good discussions yesterday with regard to the largest of the
billboard companies with regard to settlement, and although this number that you just mentioned
refers to the outside legal fees that we've expended, we have expended an equal number of hours
of assistant city attorneys working together with outside counsel and a greater number of hours
from the Code Enforcement staff, or the Manager, in preparing and moving forward with all the
8 September 25, 2003
enforcement proceedings that went before the Code Enforcement special master, so there's a
considerable amount of time and money that the City has spent in addition to this.
Commissioner Sanchez: And that's one of the concerns that I have, Mr. Chairman and my dear
colleagues. You know, this is one where you win the battle, but you end up losing the war, and
we're basically, right now, have spent close to a million dollars on litigation. There has been
some -- at least one company has settled, and there are others that are in the process of settling,
removing a large percentage of those billboards. The concern that I have is that if we continue to
litigate, we're going to get in the millions and millions of dollars. I mean, I think we just need to
find a point where we're going to put a closure to it, because the concern that I have is that just
about every three months or four months or whatever period of time, we have a consent agenda
asking for money to litigate this, you know, and it's just a balloon that continues to blow -- you
know, get bigger and bigger, and my concern is when is it going to blow up? So, I mean, we
need to get some guidance either from the Legal -- the Attorney or the Administration as to when
we could put a closure to this.
Chairman Winton: But the risk you have, though, Commissioner, is that -- particularly in this
public forum, which is the only forum we've got to talk -- is that you have to be careful how you
play your cards here, because don't forget that we're the ones being sued, and so you've got -- if
you're going to get into negotiations, you got two choices: you either cave in, if they think
you're getting weak, or you make sure that the signal is very strong; that we're standing strong
and we're prepared to win, and so I didn't mean to answer for the City Attorney, but just from a
public policy standpoint, I would be concerned about the signal we might be sending.
Mr. Vilarello: Mr. Chairman --
Chairman Winton: Yes, sir.
Mr. Vilarello: -- and if I could address the issue. I have sent a clear signal to the two remaining
companies, that this is our opportunity to resolve this litigation. If they choose not to be
reasonable in the resolution of this litigation, then I will be coming back to you and advising you
that we're in it for the long haul, with the rest of the litigation. You understand that the fees that
we've spent so far had been in preparation for trial. Once you get into trial, the fees grow
exponentially, so it is now their opportunity to become reasonable with us and resolve this case.
Otherwise, we're going to -- I think that I need to get the message to them that you're committed
to long haul of the litigation if we can't resolve it immediately.
Commissioner Sanchez: In the discussions that you've had to settle this case, are there any talks
about reimbursing the City for legal fees?
Mr. Vilarello: There is not a conversation that I have with any of the members of the billboard
industry that doesn't include a full reimbursement to the City for the cost associated with the
enforcement of our zoning code -- our sign code, so the answer is yes.
Commissioner Sanchez: All right.
9 September 25, 2003
Mr. Vilarello: Each and every -- we're not going to resolve this case without that issue being
addressed.
Commissioner Sanchez: Mr. City Manager, do you support this item on the agenda?
Joe Arriola (City Manager): Yes, sir.
Chairman Winton: So did you get your question answered? Is that on 7 or 8?
Commissioner Sanchez: Yes, sir. I'm prepared to move the item.
Chairman Winton: OK. Yes, sir. Commissioner Gonzalez.
Commissioner Gonzalez: Yes. Actually, I believe -- and I had discussions with the City
Attorney before we got into this deal, and I proposed some plans to deal with these monies and
with these advertisement; that it was going to bring some revenue to the City, but it was decided
to go this route, and I happen to agree with you; that now that we are involved in this issue, we
cannot send a signal that we are not ready and willing to fight, and that we're going to fight till
the end, so -- and I also had had the concern, but the City Manager has explained to me that in
every negotiation there is a clause that the money will be repaid to the City, the legal fees, so --
but definitely, Johnny, I happen to agree with you; that we have to move forward and send a
signal that we're going to take it, you know, to the extreme consequences.
Chairman Winton: And I echo that sentiment completely. Mr. City Attorney -- and my
apologies to each of you -- I want to make one quick comment about another -- kind of a related
issue that's developing. I've asked staff to come meet with you, Mr. City Attorney. There's an
office building in downtown Miami, at 200 Southeast 1st Street, that's across the street from my
building. They just hung the biggest damned billboard I've ever seen in my life advertising soy
milk or some damn thing on their building. It is nothing but a giant billboard, and the position
they've taken is that apparently the revenue stream is significantly more than what they think the
penalty is going to be, so they're flaunting this right in our face, and so I've asked staff to meet
with you to figure out what new legislation we need to draft so that the penalty for people who
are flaunting the rules is greater than the reward they're going to get by obeying the rules.
Commissioner Gonzalez: That's right.
Mr. Vilarello: And as we've done in the past when we have property owners who choose to
ignore the code enforcement orders, we can go into court and seek injunctive relief, where the
court will order them to comply with the code and require the removal of that sign.
Chairman Winton: And if they -- and then -- and I wouldn't be opposed to pulling their
occupational license and they have to shut their building down. That'll wake them up. OK, I'm
sorry.
Commissioner Sanchez: Mr. Chairman, you know, what got -- the lack of enforcement is what
got us in this mess to begin with --
10 September 25, 2003
Commissioner Gonzalez: That's right.
Commissioner Sanchez: -- and we're going to start seeing that now the initiative that
Commissioner Regalado has taken with the ALFs (Adult Living Facilities). It's years and years
of not taking any enforcement, then all of a sudden, enforcing it that creates the problem --
Commissioner Gonzalez: That's right.
Commissioner Sanchez: -- so that's a perfect example of something that should be just right off
the bat, tackled, and addressed so we don't end up in a situation just like the billboards and the
ALFs, so I have no further questions. I just wanted --
Chairman Winton: You're going to move --
Commissioner Sanchez: -- to clarify this, yes.
Chairman Winton: -- 7 and 8?
Commissioner Sanchez: So move 7. Eight --
Commissioner Gonzalez: Second.
Chairman Winton: Oh.
Commissioner Sanchez: -- I have some discuss -- some --
Chairman Winton: OK.
Commissioner Sanchez: -- questions for the City Attorney.
Chairman Winton: Well, go ahead and do 8. OK, and we got a motion on 7 and a second.
Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
11 September 25, 2003
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-1030
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 $150,000, 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.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
5. TABLED: AUTHORIZE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF LAW
FIRM OF GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES
CONCERNING LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE
PROPERTIES, LLC, IN $50,000, PLUS COSTS AS APPROVED BY CITY ATTORNEY;
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT.
Chairman Winton: Number 8.
Commissioner Sanchez: Number 8, I just have a couple of questions, and I just want to know
this. How much have we spent on the Flagstone to date, Mr. City Manager, in addition to today's
fees? Up-to-date how much have we spent already on Flagstone?
Joe Arriola (City Manager): It's $450,000, so far.
Commissioner Sanchez: Four hundred, that's what we spent up today?
Mr. Arriola: With -- everything included with professional service and some other --
12 September 25, 2003
Commissioner Sanchez: OK. My second --
Alejandro Vilarello (City Attorney): I'm sorry. I might have misled the Manager. The $450,000
is what we've spent on outside counsel fees. We have hired professionals to help on the business
side of the issue, and I'm not aware of what that fee -- how much that is, but it did happen before
the Manager's tenure, so --
Commissioner Sanchez: I just have three simple questions that, if they're answered and I could
accept, I'm prepared to move the item. One is how much have we spent on Flagstone up-to-date?
What do we expect to spend in total, OK? And how much years would it take before the
development revenues pays off what we have spent? Very simple three questions that --
Chairman Winton: And you'll get back with him on that --
Commissioner Sanchez: -- echo down to --
Chairman Winton: -- because you'll have to do a little research and come back.
Commissioner Sanchez:
Mr. Arriola: I'll do that for you.
Commissioner Sanchez: -- economics.
Mr. Arriola: Let me do that study for you.
Commissioner Sanchez: And if you do that, I'm prepared to bring that item back, and if it's
acceptable to me, and I'll move the item, but I need to know where we're at on what we're
spending on that project because that project, since day one, I said, which I supported, it's got to
be time certain, project certain, and cost certain.
Chairman Winton: So we need a motion to defer 8.
Commissioner Sanchez: Well --
Commissioner Gonzalez: Well --
Chairman Winton: Because he's going to come back to you.
Commissioner Sanchez: -- it's not even defer. I mean, if you get me the answers in the
afternoon --
Mr. Arriola: I promise --
Commissioner Sanchez: -- we'll bring it back.
13 September 25, 2003
Chairman Winton: It may --
Mr. Arriola: Well, I might not be able to have it for --
Chairman Winton: He may not be able to get it.
Mr. Arriola: -- you in the afternoon. Let me have until Monday and --
Chairman Winton: I'd just defer it.
Mr. Arriola: -- I'll get it for you.
Commissioner Sanchez: All right.
Mr. Vilarello: But with regard --
Commissioner Sanchez: Would deferring this, would it create any inconvenience for the
Administration?
Mr. Vilarello: It does in terms of the firm is currently doing the work. I can answer the question
with regard to the legal fees for the balance of the project. This $50,000, and over the next two-
year period, another $100,000 is the budgeted amount that we anticipate to get this project into
the ground on the legal fee side.
Commissioner Sanchez: Are we in that scope in the budget as to the legal representation of this
project? Are we within? I mean, have we gone over the budget as to what we're spending on --
Mr. Vilarello: No, no we've not gone over the budget.
Commissioner Sanchez: Mr. City Manager, I'm sure you could get this information today. I
mean, I'm prepared to bring it back later on.
Mr. Arriola: OK.
Commissioner Sanchez: Yeah, you can. I mean, it's --
Mr. Arriola: Well, I'll get it back to you, but you said that how long will it take us for the
payback. That was my only concern. You know, that's -- you know, I want to give you accurate
information on that.
Commissioner Sanchez: Well, you're talking about the -- when that project is -- starts
construction, we get $1,000,000. The first year after the construction, we get 2 million a year.
Isn't that my understanding?
Mr. Arriola: Let me -- why don't you defer until the afternoon; I'll get it back to you. I don't
want to get -- let me get back to you this afternoon. You want to defer it until the afternoon?
14 September 25, 2003
Commissioner Sanchez: Mr. Chairman, We'll defer the item until this afternoon.
Mr. Arriola: OK. That'd be fine.
Commissioner Gonzalez: Second.
Chairman Winton: Good. We don't need a motion to defer to the afternoon. OK.
6. DEFER TO COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 23,
2003, CONSIDERATION OF PROPOSED ORDINANCE ON SECOND READING TO
AMEND CHAPTER 54 OF CITY CODE AS AMENDED ENTITLED "STREETS AND
SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER
REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE
POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND
DEMONSTRATIONS
Commissioner Regalado: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Regalado: I have a question I -- point of clarification because I am a little
confused about one of the items here. Item 17 is a second reading ordinance on the protest. Last
night the Manager called me and said he was going to pull this today, and I said fine by me
because pulling means it goes away; it doesn't come back, but now the City Attorney tells me it's
defer, not pulled. Are we pulling this or are we deferring -- or are you trying to defer this?
Joe Arriola (City Manager): The issue is that if we do a defer for 30 days, if there's any question
in any of your mind that you want to make any changes or just kill it, it's a lot easier for us to
defer for 30 days; sit down and talk about it, and if you want to -- for it to go away, that will be a
-- that'd be fine forme. I just don't want to --
Chairman Winton: Well, I'm not sure --
Mr. Arriola: -- you know, kill it now and --
Chairman Winton: -- it's fine.
Mr. Arriola: -- leave it open for discussion later.
Chairman Winton: I'm not so sure it's fine for me --
Commissioner Sanchez: Well -- yeah.
Chairman Winton: -- so I'm not -- we're not voting on that. We're simply -- you're simply asking
for a deferral --
15 September 25, 2003
Mr. Arriola: A deferral.
Chairman Winton: -- and you've got 30 days to work --
Mr. Arriola: Yes --
Chairman Winton: -- on the language --
Mr. Arriola: -- and that's exactly what I was --
Chairman Winton: -- to clean it up --
Mr. Arriola: Yes.
Chairman Winton: -- and it will come back --
Mr. Arriola: Yes, sir.
Chairman Winton: -- to this Commission --
Mr. Arriola: That's exactly what I'm asking.
Chairman Winton: -- for debate and a vote.
Alejandro Vilarello (City Attorney): On October 23.
Commissioner Regalado: No.
Mr. Arriola: Yes.
Chairman Winton: OK.
Commissioner Regalado: I think that this Commission should discuss this today, either vote it
up and down, because 30 days from now -- let's see, it's only a week or 10 days before the FTAA
(Free Trade Area of the Americas) protest. This secrecy is not nice for the public domain.
Chairman Winton: Well --
Mr. Arriola: You know, I -- again, what I've said is, I propose to --
Commissioner Regalado: It's either -- hey, guys, it's either we approve it or --
Mr. Arriola: No.
Commissioner Regalado: -- we pull it.
16 September 25, 2003
Chairman Winton: Not necessarily, so -- yes, sir.
Commissioner Sanchez: Look, this ordinance is going to bring out what I consider to be healthy
debate on this issue. It's a very sensitive issue, and the appropriate thing that I think that we
should do here is exactly what the Administration is saying. It give us an ample time, 30 days, to
iron out the differences that we have expressed on this Commission, and there has been -- every
Commissioner here has expressed what they agree and what they don't agree with --
Chairman Winton: Right.
Commissioner Sanchez: -- and I think giving us 30 days to have the Administration meet with
us and iron out exactly how we could tweak it so it is accepted by this Commission and passed, I
think it's just a healthy thing to do, because it is an issue that -- it's a very sensitive issue.
Commissioner Gonzalez: Yeah. Yes.
Chairman Winton: Yes, sir, Commissioner Gonzalez.
Commissioner Gonzalez: Mr. Chairman, I also happen to agree with Commissioner Sanchez.
When this was first presented, I had serious concerns, and I -- and we debated it for a while, and
I still have some concerns, and I think that it's prudent that we defer this item now; that we have
time to discuss this with the Administration and with the Legal Department; make sure that we
come up with a product that is -- that it complies with civil rights, and it complies with the rights
of the citizens, demonstrators, and also with an add-on that will protect our police force the day
that they have to be out there, so I make a motion to defer the item for 30 days --
Commissioner Sanchez: Second.
Commissioner Gonzalez: -- to give the chance to the --
Chairman Winton: Motion, second.
Commissioner Gonzalez: -- Administration.
Chairman Winton: Discussion.
Commissioner Regalado: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Regalado: I think what you guys are doing now, you're closing the window for
public debate. There's not going to be any time for groups and the people of Miami to debate
this. This secrecy trying to iron out the differences is wrong. This should be a public debate.
This is about the people, so the people should participate on voting against deferring. I'm ready
17 September 25, 2003
to vote for or against, but I think that deferring gives no time for a public debate is -- let's see, 30
days from now would be like when, Mr. City Attorney?
Mr. Vilarello: It would have to be to a specific City Commission meeting date, October 23.
Commissioner Regalado: October 23 --
Commissioner Gonzalez: We have a month.
Commissioner Regalado: -- which would be like about a month before.
Chairman Winton: And Commissioner Regalado, I guess I see this a little differently than you. I
see it as an opportunity to do exactly what you're concerned it isn't going to do. I don't see it as a
secrecy anything. I see this as an opportunity where the City Manager and our City Attorney can
have extensive dialogue, not only with the Commissioners, but the public at -large. They can and
should meet with interested parties out there, like the ACLU (Americans Civil Liberties Union),
and others who have a vested interest in the outcome of this ordinance, and they've got 30 days
now to go and do all that, and they're not rushed into a false timetable here, and that still gives
plenty of time to get the legislation enacted and we move forward in the future, so --
Commissioner Sanchez: Call the question.
Chairman Winton: We have a motion, second.
Commissioner Regalado: I just --
Chairman Winton: The question's --
Commissioner Regalado: -- want to say, you know, I am --
Chairman Winton: -- been called.
Commissioner Regalado: Question has been called.
Chairman Winton: Go ahead.
Commissioner Regalado: I just --
Chairman Winton: Go ahead.
Commissioner Regalado: --want to say something. I think this --I gotten e-mails from Oregon,
from Washington State, so this is a national issue, at least for several groups. There should be a
debate, but it shouldn't be in private. The people have the right to know. The debate should be
out there, clear, not meeting with several groups to see what they want and what they can give,
so you know -- I mean, I see that the majority want to defer; that's fine by me because I really
18 September 25, 2003
believe that this Commission works very well, and probably I'm wrong. I may be wrong, but I'm
voting no because I think --
Chairman Winton: Got it.
Commissioner Regalado: -- that a healthy debate is now, 60 days before the event.
Chairman Winton: Commissioner Gonzalez, and then we're going to --
Commissioner Gonzalez: Yes. Commissioner --
Chairman Winton: The question has been called.
Applause
Chairman Winton: Excuse me. This isn't --
Commissioner Gonzalez: Commissioner Regalado, I think that -- we're not trying to hide
anything. We're not trying to do anything in the back room. What we're trying to do is to make
sure -- at least, I would like to sit down with the Administration; sit down with the Legal
Department and have an answer my concerns about any -- about violation of civil rights, about
the violation of the right of the people to demonstrate, and also I have serious concerns for the
safety of our Police Department and for the safety of our citizens and our properties, so until I
have a lot of questions that I have answered, I wouldn't like to go into the debate, and then once
we have all those questions answered, I'll be glad to be here three hours debating the issue with
the public and with the attorneys and with the lobbyists and whoever wants to come down to
City Hall. I'm willing to spend all night here, if I have to --
Chairman Winton: And it will be a public forum.
Commissioner Gonzalez: -- but before I start going into the debate, I want to make sure that I'm
well documented; that I'm well informed of all the issues and all the matters before discussing
this with the public because I don't want to look stupid or ridiculous here discussing something
that I'm not familiar with and that I'm not totally informed about the issue, so --
Chairman Winton: OK.
Commissioner Gonzalez: -- I'll --
Chairman Winton: We have a motion and a second, and the question's been called. All in favor,
aye.
Commissioner Regalado: No.
Chairman Winton: Like sign, opposed. The motion carries.
19 September 25, 2003
The following motion was introduced by Commissioner Gonzalez, who moved for its adoption:
MOTION NO. 03 -1031
A MOTION TO DEFER TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR OCTOBER 23, 2003, CONSIDERATION OF
PROPOSED ORDINANCE ON SECOND READING TO AMEND
CHAPTER 54 OF THE CITY CODE AS AMENDED ENTITLED "STREETS
AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND
MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS
THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE
PARTICIPATING IN PARADES AND DEMONSTRATIONS, AND
PROVIDING FOR SUNSET OF SAID REGULATIONS AT MIDNIGHT,
THURSDAY, NOVEMBER 27, 2003.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: Commissioner Tomas Regalado
ABSENT: Vice Chairman Arthur E. Teele, Jr.
Chairman Winton: Mr. --
Commissioner Regalado: Just a brief comment. I've never was briefed by the Administration.
The City Attorney did spoke to me yesterday about this, and so -- you know, they had time
before. I hope that they have time --
Chairman Winton: They will -- right --
Commissioner Regalado: -- in the future.
Chairman Winton: -- exactly.
20 September 25, 2003
7. DEFER FOR 30 DAYS CONSIDERATION OF PROPOSED ORDINANCE ON SECOND
READING TO AMEND SECTION 2-829, ENTITLED "SCHEDULE OF CIVIL
PENALTIES;" CHAPTER 10, ARTICLE I, ENTITLED `BUILDINGS — IN GENERAL" AND
REPEALING AND CREATING NEW CHAPTER 36, ENTITLED "NOISE" OF MIAMI CITY
CODE BY ESTABLISHING FINES FOR VIOLATION OF NOISE AND NOISE RELATED
ACTIVITIES".
Chairman Winton: Mr. Manager and Mr. City Attorney, y'all have any other items you want
deferred?
Joe Arriola (City Manager): Item 13.
Chairman Winton: Item 13.
Alejandro Vilarello (City Attorney): That's the noise ordinance. I'd like that --
Chairman Winton: Oh, the noise ordinance.
Mr. Vilarello: -- deferred for 30 days.
Commissioner Sanchez: So moved.
Commissioner Gonzalez: Second.
Chairman Winton: Got a motion and a second on deferring 13. Discussion. Being none, all in
favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
21 September 25, 2003
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 03-1032
A MOTION TO DEFER FOR 30 DAYS CONSIDERATION OF PROPOSED
ORDINANCE ON SECOND READING TO AMEND CHAPTER 2,
SECTION 2-829, ENTITLED "SCHEDULE OF CIVIL PENALTIES;"
CHAPTER 10, ARTICLE I, ENTITLED `BUILDINGS — IN GENERAL"
AND REPEALING AND CREATING A NEW CHAPTER 36, ENTITLED
"NOISE" OF THE MIAMI CITY CODE BY ESTABLISHING FINES FOR
VIOLATION OF NOISE AND NOISE RELATED ACTIVITIES; ADDING
NEW SECTIONS 10-6 AND 10-7, ENTITLED `BUILDING
CONSTRUCTION, DREDGING AND LAND FILLING; PERMIT
REQUIRED AND WHEN PROHIBITED" AND `BUILDING
CONSTRUCTION, CERTIFICATE; WHEN REQUIRED" TO PROVIDE
FOR AND CLARIFY DAYS AND TIMES CONSTRUCTION, DREDGING
AND LAND FILLING ACTIVITY IS PERMITTED, PERMIT REQUIRED
AND ENFORCEMENT AUTHORITY AND CREATING A NEW CHAPTER
36 TO PROVIDE FOR AND CLARIFY NOISE PROHIBITIONS AND
LIMITATIONS; PROVIDING FOR INCLUSION IN THE CITY CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Mr. Arriola: Thank you.
22 September 25, 2003
8. TABLED: PROPOSED FIRST READING ORDINANCE AMENDING SECTION 54-190
OF CITY CODE ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING
LINES/NONSTANDARD STREET WIDTHS", TO REDUCE STREET WIDTH AT
NORTHWEST 3 STREET BETWEEN NORTHWEST 17TH AVENUE AND NORTHWEST
22ND AVENUE, FROM 70 TO 50 FEET.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Yes, sir. Anything else? That's it? OK. Yes --
Commissioner Sanchez: If you would allow me to take an item out of order, the gentleman,
which this item affects, is here.
Chairman Winton: Well, I'm --
Commissioner Sanchez: If you would allow me to take Item 9 up.
Chairman Winton: Sure, but I remember the last time I got into this pull and tug last time, it was
the most messed up meeting I'd ever run because I couldn't figure out where we were, but go
ahead; we'll do a couple of these.
Commissioner Sanchez: Item 9 is a first reading ordinance amending Chapter 54, Article --
basically, what it does, it's amending entitlement [sic] streets and sidewalk base building line,
and maybe we could have somebody from Public Works who's here could address that. Let me
tell you the concern that I have, and although I support the ordinance, you know, once again, one
shoe doesn't fit everyone --
Chairman Winton: Right.
Commissioner Sanchez: -- and in my district, although we're seeing a rebirth of development,
there is certain areas where, you know, people will not be able to build due to this ordinance, and
I give you a perfect example. Public Works has a policy never to accept less than 50 feet. The
property, which the gentleman is here today to speak on -- is Mr. Orlando Machado here?
Unidentified Speaker: Yes, sir.
Commissioner Sanchez: Yes, sir. He has a property on Northwest 3rd Street, and it actually
only has 25 feet wide in the area; therefore, making it very -- making it impossible for him to
build on the lot that he has, and what I would like to bring up for discussion and later on ask the
Manager to work with Public Works to see if this ordinance can be amended to reduce the street
width to 40 feet so this gentleman could build -- you know, taking into consideration certain
circumstances or situations where the property owner is restricted by that -- those guidelines, so
Al, if you could address this? I mean, you're the expert on this, the situation that the gentleman
has, and maybe he could explain it better than I can. He's in a very awkward situation because
he has a property where -- which, under these guidelines, he cannot build, so he has a parcel of
property, due to a street that has certain conditions, where he can't build, so the ordinance itself
23 September 25, 2003
that really allows reduce from 70 to 50 feet, or that's what you require, would there be a problem
to reduce it under maybe the City Manager's or your self -initiative or authority from 70 to 40 feet
where these circumstances exists to allow --
Chairman Winton: Seventy to fifty --
Commissioner Sanchez: -- the property --
Chairman Winton: -- or seventy to forty?
Commissioner Sanchez: Seventy to forty.
Chairman Winton: No. We don't have a 40, do we?
Commissioner Sanchez: No. Right now it's 70 to 50, right?
Albert Dominguez: That's correct. Albert Dominguez, acting director of Public Works, City of
Miami. That's correct. Right now the street is zoned for 70 feet wide, OK. This is where two
different subdivision plats came together. It's a very awkward street. It has a slight jog there. A
lot of the properties, a lot of the buildings jog right into the street. We were approached by the
property owner and he requested that we reduce the zone width to allow for more development.
There's approximately five lots in the area that encroach into the street. The lots are 49 foot
wide, and because of the additional dedication that's required, they would only have 14 feet left.
He's come in and he's requested that we downzone the street. We're reducing it from -- we
recommend the reduction from 70 to 50, but we would not recommend the reduction to 40. Fifty
is the standard street; it's the minimum street that we could deal with it --
Chairman Winton: Yeah.
Mr. Dominguez: -- to be able to get -- to be able to fit two travel lanes, two parking lanes, and
sidewalks; that's it. I mean, it's very, very tight already at 50 feet.
Commissioner Sanchez: Would he be able to build on the property that he has now?
Mr. Dominguez: Yes, he would be able to build, but he would be very restricted. He would
have additional -- he would be very restricted to a narrow portion.
Commissioner Sanchez: Now, here's the question. Is it the City's fault for lack of planning and
infrastructure or is it the property owner's fault? Whose fault is it?
Mr. Dominguez: It's difficult to assign fault in this case. It's not -- it's really not anybody's fault.
It's something that was done 70 years ago, OK, and it was set -- and the land was subdivided. It
is public record that this parcel is zoned in this manner. When somebody goes out and purchases
a lot, they're responsible for -- before they purchase it, to determine what it's zoned for, what can
be -- that parcel be used for.
24 September 25, 2003
Chairman Winton: What the easements are, what the setbacks are.
Mr. Dominguez: What the setbacks are and what the restrictions are. I mean, if you're buying a
residential lot, you know that it's zoned for resident. You know you're not going to put a coin
laundry there, unless you get a zone change. Well, when anybody buys these lots, they know
that they're restricted to 15 or 25 feet. With this ordinance here, the resident does gain an
additional 10 feet, so it's still a very positive for him, but it's not, unfortunately, positive enough.
He would like it reduced down to 40.
Commissioner Sanchez: Which you -- you're -- you are against?
Mr. Dominguez: I would not recommend reducing it to 40, no. This is a street that goes from
17th to 22nd. The school, Citrus Grove Junior High, is on 22nd; it's used by parents to go and
come back; by kids to go and come back. If you reduce it less than 50, I believe you're --
Chairman Winton: Very dangerous.
Mr. Dominguez: -- you know, going to be compromising the integrity --
Commissioner Sanchez: I would like to listen to Mr. Machado, and you know, you have the
opportunity, sir, to address the Commission as every resident of the City of Miami has.
Orlando Machado: Thank you, Commissioner Sanchez. Orlando Machado. I purchased the lot
last year --
Chairman Winton: Mr. Machado, could you come closer to the microphone?
Mr. Machado: I'm sorry.
Chairman Winton: Thank you.
Mr. Machado: I purchased the lot about a year and a half ago, and I did do a lot of due diligence.
I went to the City, to the Zoning Department; they told me it's OK to build on it. It was a 49 -foot
wide lot. I did the title search; it did not reveal that encumbrance. We did a survey; it did not
reveal that encumbrance. The problem is that this public ordinance, dating back to 1937, was not
recorded against the property, so unbeknownst to me, I purchased the property; did not know that
there was this problem with the problem. Otherwise, I would not have purchased it. I agree,
you've got to do some due diligence, and I thought I'd done enough. I didn't even find out about
it until I went for the permit. I spent additional dollars with the architect that went for the permit
to build the duplex on the lot. That's when I found out about the ordinance. Today that road is
only 20 feet wide or 25 at the widest, so it's not like I'm reducing it to 40. It's already 20 or 25,
and it's going to remain that way. It's remained that way for 65, 70 years. It's going to be that
way --
Chairman Winton: Albert, could you come back here? What is the width of the road there now?
I mean, because it is -- he's probably just measuring pavement, but when you measure roadways,
25 September 25, 2003
it includes sidewalk as well, so what's the real measurement of the existing right-of-way there,
the in-place --
Alejandro Vilarello (City Attorney): Mr. Chairman --
Chairman Winton: -- right-of-way?
Mr. Vilarello: -- while he's looking for that number, I need to point out that an exception to most
title policies, to all title policies --
Chairman Winton: Exactly.
Mr. Vilarello: -- is knowledge of the local ordinances and regulations which applied to -- in the
jurisdiction where that property's located, so it's a noted objection under every title policy.
Mr. Machado: Which gives me no recourse.
Chairman Winton: Right.
Mr. Vilarello: And so I just want to make sure that --
Chairman Winton: Right. That's the worst part.
Mr. Vilarello: -- the Commission understands.
Chairman Winton: Yeah. I was going to say, go after your title company, but --
Mr. Dominguez: The right-of-way jogs in a --jogs quite a bit. It goes from --
Chairman Winton: Could I interrupt this? We took this item out of order. Joe, do you mind if
we send Albert and them and --
Commissioner Sanchez: Well, I was going to get to that, Mr. Chairman.
Chairman Winton: -- to go get some other information and come back?
Commissioner Sanchez: This is a very -- you know, it's --
Chairman Winton: This isn't simple.
Commissioner Sanchez: -- an awkward situation.
Chairman Winton: Yeah.
26 September 25, 2003
Commissioner Sanchez: It's a circumstance where, you know -- very awkward, so what I would
ask is that, you know, Public Works sit down with Mr. Machado and see what could be worked
out, if something could be worked out. I just, you know --
Chairman Winton: And I'm curious, Albert, about what's in place today because that road isn't
going to be widened at any time in the future because you've got single-family homes and
duplexes along there, so I'd like to know what the existing real right-of-way is, and then y'all
come back. Would you -- ?
Commissioner Sanchez: OK.
Eamom Astey: Could I just add one thing? I rep --
Chairman Winton: Your name and address for the record, please.
Ms. Astey: Eamom Astey, 5550 Glades Road, Boca Raton, Florida. I am an attorney. I
represent Orlando in this matter.
Chairman Winton: OK.
Ms. Astey: I've been trying to assist him in resolving this matter. In the research we've done,
this property has not only been a hardship to Mr. Machado, but has been a hardship to dozens of
people who have purchased this property in the past 70 years and have been able to do nothing
with it, and that's just another showing of how this dedication has not been recorded, has not
been made known to the public.
Chairman Winton: As a real estate professional, that statement didn't --
Mr. Vilarello: Mr. Chairman.
Chairman Winton: -- help me try to help him. That suggests that if you knew that people had
been having trouble for 70 years developing this property, you know, why'd you buy it? So --
Ms. Astey: Well --
Chairman Winton: -- you don't need to -- that's a rhetor -- you know, my --
Ms. Astey: It just goes to show that the --
Mr. Vilarello: Mr. Chairman.
Ms. Astey: -- City's done nothing with it for all this time.
Mr. Vilarello: Would you confirm that counsel has registered as a lobbyist? The City Clerk is
indicating that she has not.
27 September 25, 2003
Chairman Winton: So you need to make sure --
Priscilla A. Thompson (City Clerk): We were checking our records.
Chairman Winton: OK.
Ms. Thompson: She's not registered.
Chairman Winton: Would you meet with the City Clerk to make sure that you get registered as a
lobbyist and follow all those rules? OK. Y'all'll [sic] go work on that. Commissioner Gonzalez,
we're going to take a --
Mr. Machado: I'm sorry. Can I answer the question? I think it's -- you know, if I'm wrong, but
it's --
Chairman Winton: No. I'd like --
Commissioner Sanchez: Yeah.
Mr. Machado: Apologize.
Chairman Winton: I want y'all to go --
Mr. Machado: Apologize.
Chairman Winton: This is more complex. Y'all go do some things and then bring this back a
little later.
9. CERTIFY THAT PROPOSED "PARTNERSHIP TO CREATE JOBS AND ECONOMIC
DEVELOPMENT IN THE ALLAPATTAH COMMUNITY IN THE CITY OF MIAMI"
PROJECT TO BE DEVELOPED BY GOODWILL INDUSTRIES OF SOUTH FLORIDA, INC.
IN ALLAPATTAH COMMUNITY REVITALIZATION DISTRICT IS CONSISTENT WITH
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP), CITY'S FIVE YEAR
CONSOLIDATED PLAN (1999-2004).
Chairman Winton: Mr. -- Commissioner Regalado, you're going to do one of your blue page
items?
Commissioner Gonzalez: Yes. Mr. Chairman, I appreciate it. I would like to do IA. It's a
resolution of the City of Miami City Commission certifying that the proposed partnership to
create jobs and economic development in the Allapattah community in the City of Miami project
to be developed by Goodwill Industries of South Florida, Inc. ("Goodwill") in the Allapattah
Community Revitalization District, and is consistent with the Miami Comprehensive
Neighborhood Plan (MCNP), the City of Miami's Five -Year Consolidated Plan 1990 -- 1999-
2004, and all applicable regulations; directing the City Manager to transmit a copy of this
resolution to the State of Florida, Office of Tourism, Trade, and Economic Development for
28 September 25, 2003
Goodwill's participation in the State of Florida Community Contribution Tax Credit. That's my
motion.
Chairman Winton: We have a motion.
Vice Chairman Teele: Second.
Chairman Winton: Need a second.
Commissioner Sanchez: Second.
Chairman Winton: 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 Gonzalez, who moved for its
adoption:
RESOLUTION NO. 03-1033
A RESOLUTION OF THE MIAMI CITY COMMISSION CERTIFYING THAT
THE PROPOSED "PARTNERSHIP TO CREATE JOBS AND ECONOMIC
DEVELOPMENT IN THE ALLAPATTAH COMMUNITY IN THE CITY OF
MIAMI" PROJECT TO BE DEVELOPED BY GOODWILL INDUSTRIES OF
SOUTH FLORIDA, INC. ("GOODWILL"), IN THE ALLAPATTAH
COMMUNITY REVITALIZATION DISTRICT IS CONSISTENT WITH THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, THE CITY OF
MIAMI'S FIVE-YEAR CONSOLIDATED PLAN (1999-2004), AND ALL
APPLICABLE REGULATIONS; URGING THE STATE OF FLORIDA
OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT TO
APPROVE GOODWILL'S PARTICIPATION IN THE STATE OF FLORIDA
COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM; FURTHER
DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN DESIGNATED OFFICE.
29 September 25, 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.
Commissioner Gonzalez: Thank you.
Chairman Winton: Yes.
10. DISCUSSION ON AMENDING CHAPTER 54 OF CITY CODE ENTITLED "STREETS
AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER
REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE
POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND
DEMONSTRATIONS.
Chairman Winton: Commissioner Teele, would you -- ?
Vice Chairman Teele: Mr. Chairman, I would like to take up the item relating to the executive
director of the Virginia Key Trust, but before I do, I wanted to apologize for being late. I had a
flight that I was supposed to have been here yesterday from London. The flight left London on
time, and about halfway out, they realized that they had severe problems with the wings, so they
went back, and --
Chairman Winton: That's not a good flight.
Vice Chairman Teele: -- I'm sort of happy to be here, although I did wind up flying to New York
last night and then flying in this morning. Mr. Manager, before we take up the Virginia Key
item, I just want to make very clear that the deferral of the item that you just did, that's not going
to put you in a position where you're going to need four votes, is it, on a timeline?
Chairman Winton: Mr. City Attorney.
Alejandro Vilarello (City Attorney): It may.
Vice Chairman Teele: Well, I'm telling you, I wasn't here, but I --
Chairman Winton: What do you mean, it may?
30 September 25, 2003
Vice Chairman Teele: You've got a time problem.
Mr. Vilarello: The ordinance, as written, currently provides, on second reading, that it's going --
has an immediate effective date. If we have a material change in the ordinance, that may require
it to go back to first reading. The timing of such might either have to get it adopted by an
emergency ordinance, which would require four votes. If it can be adopted on first reading on
the 23rd of October and on second reading in the first meeting in November, then you won't need
those three votes -- I mean, you won't need those four votes.
11. CONFIRM APPOINTMENT OF DAVID SHORTER AS EXECUTIVE DIRECTOR OF
VIRGINIA KEY BEACH PARK TRUST AT SALARY OF $75,000 PLUS BENEFITS.
Vice Chairman Teele: I just wanted to just make sure that we don't get ourselves boxed out here,
if -- and lose any flexibility, but that's not my issue. I -- Mr. Chairman, I note the presence of
Mrs. Range, the former Commissioner and the chairman of the Virginia Key Trust, and with the
proffered executive director, and I'd like to see if they would come forward at this time, and I
would assume that the executive director has met with or made an effort -- a good faith effort.
Athalie Range: Good morning, and thank you very much for taking me at this time. My name is
Athalie Range. I reside at 5727 Northwest 17th Avenue, here in the City of Miami. We come
this morning with the item of -- for your approval and a presentation of the person we have
chosen as executive director of the Virginia Key Beach Trust. Upon your recommendation, we
did have a search and found very -- persons who were very, very able to handle this, and in so
doing, the gentleman who I will present to you at this time, David Shorter, is the person who
we've chosen, so thank you very much for allowing this moment, and Mr. Shorter, are you here?
David Shorter: Yes, ma'am, I'm right here.
Ms. Range: You are. All right. Thank you very much. Mr. Shorter might want to say a word to
you. Thank you.
Chairman Winton: Sure. Welcome.
Mr. Shorter: David Shorter, Virginia Key Beach Park Trust. I just want to say I'm very proud to
be part of Virginia Key Beach Park Trust, and I appreciate the effort and the trust that the Trust
has put into me, the trustees. Thank you.
Vice Chairman Teele: Mr. Chairman, I would move the confirmation of the executive director at
the salary -- what's the recommended salary, Mrs. Range?
Ms. Range: Salary of $75,000 per year.
Vice Chairman Teele: At the salary --
Commissioner Sanchez: Second.
31 September 25, 2003
Vice Chairman Teele: -- of 75,000, with the normal benefits as --
Ms. Range: Yes.
Vice Chairman Teele: -- recommended by the Trust, so moved.
Commissioner Regalado: Second.
Chairman Winton: We have 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 Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-1034
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
VIRGINIA KEY BEACH PARK TRUST'S APPOINTMENT OF DAVID
SHORTER AS THE EXECUTIVE DIRECTOR OF THE TRUST, UNDER
THE TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON BY
THE TRUST.
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Chairman Winton: Welcome.
Mr. Shorter: Thank you.
Chairman Winton: Let's go. Rock and roll.
Mr. Shorter: Thank you.
Commissioner Sanchez: Congratulations.
32 September 25, 2003
Vice Chairman Teele: Thank you.
Ms. Range: Thank you very much.
(APPLAUSE)
12. DISCUSSION CONCERNING ALLAPATTAH NEIGHBORHOOD ENHANCEMENT
TEAM.
Chairman Winton: OK. Next agenda item, we have a series of personal appearances. We'll start
with Mr. Mariano Cruz.
Mr. Mariano Cruz: OK. Mariano Cruz, 1227 Northwest 26th Street. I'm going to be -- really
not to be rambling. Only thing I'm going to be very brief. Well, first, I'm going to get
something. This is coming not to complain in a way, but information. Could you add the body
that can change the laws and the ordinance? The NET (Neighborhood Enhancement Team)
people, the only thing or the other people are enforcing of the Police Depart -- enforcing the
ordinance or laws in the books. (UNINTELLIGIBLE) we got Community Development money.
The City gets a lot of Community Development money. Why? Because it's a poor city, so we
are on the census tract. Under 2000 we get a lot of -- this is in Spanish, but you know, it's
information. Very nice brochure, and what the people get, the whole thing
(UNINTELLIGIBLE), but let me explain. People are losing their homes in the neighborhood. I
come here to say I belong to the, like you mentioned, Commissioner Winton, the public at -large.
I am not a lobbyist or anything. I don't come here asking for a grant for my 501(3)(c) [sic] or a
waiver of the fee for a special event in the park, only thing, no. I come here as information.
Maybe one day I will come to have a festival there at Duarte Park. I'll be asking for a special --
for monies and waivers of the fees, too.
Chairman Winton: I'm going to vote no.
Mr. Cruz: You are one vote only, remember.
Chairman Winton: How well --
Mr. Cruz: OK.
Chairman Winton: -- I know that.
Mr. Cruz: No. Now I'm going to read. Remember, the NET -- NET, what does it mean?
Neighborhood Enhancement Team, but many people don't know the meaning of many of these
acronyms; why I'm going to read for you. Neighborhood: People who live in a particular
vicinity, a district consider neighbors with an inhabitants and distinct characteristics.
Enhancement: From the verb -- a noun, from the verb enhance -- to increase or make greater as
in value, cost, beauty, or reputation. Team, they just mentioned here this morning with the
Police. Teamwork. Team: Any group organized to work together, and then neighbor. Who is a
33 September 25, 2003
neighborhood? One who live near or next to another; one human being, like oneself, a fellow
man, but you know what's happening at the -- with all laws now they got that ordinance? People
getting a complaint here on the Code enforcement; that they living in a duplex is not zone -- is
not properly -- wasn't properly work permitting as a duplex. Even it's R-2 (UNINTELLIGIBLE)
residential, where people get -- go in front of the Code Enforcement Board. Now, you know
what the Code Enforcement said? "You bought a problem. You bought the problem." No,
that's not the problem. Why they don't waive -- if the City want to enforce those laws, why they
don't waive those permitting and building fees and the whole thing. The people that live in my
neighborhood, they're not rich people. They are mostly (UNINTELLIGIBLE) people, and now
at 1359 26th Street, a family there, Nicaraguan family, they lost their home. Why? One thing:
Being -- not being resident, they don't have a right to the homestead exemption. Even if they
live in the property, they don't have homestead exemption, because you know, all those
municipal buildings are worthless when you have a homestead exemption and you live in the
property, and the Law Department knows that, but they don't tell the people that, so if I -- if they
put a lien against my property, a municipal lien for the Code, I can laugh at that. You know
why? Because the state of Florida constitution, the Charter, protects me on that, and people
don't know that, so why don't you have -- you can't have on that was spoken here years ago, a
"work before closing," like they got in North Miami and many other cities.
Chairman Winton: Do you have -- excuse me -- a request for us?
Mr. Cruz: The only is --
Chairman Winton: I mean, what -- do you have a question or a point?
Mr. Cruz: My request is have an ordinance that have a work before closing, the people know
what they buying. (UNINTELLIGIBLE) this is zone here residential R-1, make sure --
Commissioner Gonzalez: Mr. Chairman.
Mr. Cruz: -- they don't have ten units --
Commissioner Gonzalez: Mr. Chairman.
Commissioner Sanchez: They're working on it.
Mr. Cruz: -- because usually the real estate people are selling.
Chairman Winton: OK.
Commissioner Gonzalez: Mariano, we --
Chairman Winton: Commissioner Gonzalez.
Commissioner Gonzalez: -- already passed an ordinance where, before you sell your property --
34 September 25, 2003
Commissioner Sanchez: No, we haven't.
Commissioner Gonzalez: -- it has to be inspected by the City of Miami to make sure -- and as
you know, I serve on the Code Enforcement Board for about a couple of years and there I saw a
lot of cases, like the case that you're referring to, and that's why I discussed with the
Administration that we needed some type of mechanism that before a person buys a property, we
can assure that person that the property is in compliance, and later on they're not going to be
fined or they're not going to have a lien against their property --
Mr. Cruz: Right.
Commissioner Gonzalez: -- because they bought something that had a problem and we never
told them this property has a problem, so we already pass that resolution. It's on the works.
Mr. Cruz: Yeah, but you can check there at 1359 26th Street, that's next to Sergeant Pichel's
father --
Commissioner Gonzalez: Right.
Mr. Cruz: -- with -- they got that -- the property -- the house is closed down, it's vacant. That's
bad for the neighborhood. Well, anyway, regardless of that, you can use -- think of that, but now
I have to tell one thing because I know my wife is watching me on TV (television), and it was
going on with the traffic development by the produce market, I think years and years and years --
Commissioner Gonzalez: The project has been --
Mr. Cruz: -- and so far, nothing -- so far, we're waiting --
Chairman Winton: Well, I don't know.
Mr. Cruz: -- we're waiting there.
Commissioner Gonzalez: The project is beginning next month, according to Mr. Cano.
Jorge Cano (Deputy Director, Capital Improvements): All right.
Commissioner Gonzalez: Mr. Cano, would you answer, please?
Mr. Cano: Yes. Good morning, Mr. Cruz, Commissioners. Jorge Cano, Capital Improvements.
The Allapattah Produce Market involves a project between Northwest 20 and 24th Street and
12th and 14 -- 17th Avenues; about $600,000 involving street closures, modification of traffic,
and street beautification and landscaping. The consultant is in the final plans and preparing the
bid specs (specifications). The -- it's going to be advertised on October 10 and the bid --
Mr. Cruz: October what?
35 September 25, 2003
Mr. Cano: The 10th.
Chairman Winton: The 10th.
Mr. Cruz: The 10th? Oh, good.
Mr. Cano: And I'm happy to report that the --
Mr. Cruz: Are you listening, Elaine?
Mr. Cano: -- bids will be opened on October 28.
Chairman Winton: OK.
Mr. Cruz: OK, that's good to hear that, but --
Chairman Winton: Anything else?
Mr. Cruz: -- at least --
Chairman Winton: Mariano.
Mr. Cruz: -- it is moving now --
Chairman Winton: Thank you.
Mr. Cruz: -- but before, for many years --
Commissioner Sanchez: I'm prepared --
Chairman Winton: Well, it's moving.
Mr. Cruz: -- just throw the money.
Chairman Winton: Yes, he did.
Mr. Cruz: Thank you now.
Chairman Winton: OK.
Mr. Cruz: Thank you.
Chairman Winton: Mr. --
Commissioner Gonzalez: Thank you, Mariano.
36 September 25, 2003
Mr. Cruz: See you in the afternoon.
13. DISCUSSION CONCERNING AGUTAR ANIMAL HOSPITAL.
Chairman Winton: The next issue is Mr. Robert Aguiar. Is he here?
Commissioner Gonzalez: Mr. Chairman, that -- Mr. Aguiar left. I believe they're going to meet.
The Mr. Manager, Mr. --
Chairman Winton: Great.
Commissioner Gonzalez: -- Aguiar and --
Chairman Winton: Perfect.
Commissioner Gonzalez: -- Zoning, they're going to have a meeting to discuss the matter that
they had stated.
Chairman Winton: OK.
Commissioner Gonzalez: All right.
14. INSTRUCT ADMINISTRATION TO MEET WITH CAMILLE MERILUS AND
FOUNDATION FOR HAITI DEVELOPMENT AND COME BACK IN 60 DAYS WITH
COMPREHENSIVE PLAN AND RECOMMENDATION REGARDING ISSUE OF WAIVER
OF RENT AT MANUEL ARTIME CENTER; ADMINISTRATION MEET WITH ALL
SOCIAL SERVICE AGENCIES THAT WORK OUT OF MANUEL ARTIME CENTER AND
HAVE THEM PROVIDE ONE YEAR BUSINESS PLAN; ASK SAID AGENCIES TO
PROVIDE COVENANT NOT TO COME BACK TO COMMISSION FOR ONE-YEAR
REQUESTING WAIVER OF RENT FEES.
Chairman Winton: Camille, you're on.
Camille Merilus: Good morning, Commissioners. Good morning, Mr. Manager, City Attorney,
City Clerk. Good morning, members of the system. My name is Camille Merilus, and I am the
founder and Executive Director of Camille and Sulette Merilus Foundation, and Sulette is my
wife. She is next to me. We are at 970 Southwest 1st Street, Suite 07 at Manuel Artime
Community Center. You know, we here today to request that the Commission really help us to
keep that place that we got at Manuel Artime, because we really need that office space to
continue our noble work. Before I -- when I started that work, Commissioners, I had my
eyesight, but I knew that I was a carrier of glaucoma and diabetes, which are two main causes of
blindness, but in the meantime, I lost my eyesight, but I continued the work, along with my wife
and other people, and we need that office space. That's why we are here to request that you
waive the fees for us, because it cost us only $6,825 to pay the City for the whole year. When
we requested $20,000 last year, we figured out that we could take care of the rent if we got the
$20,000 from the Commission and other expenses. We got telephone, things like that, and
37 September 25, 2003
continue the work. We have to let you know, you are all men on the Commission. This month,
September is prostate cancer month. Commissioners, if you know how many men we save by
letting them know, you know, how important it is as of the age of 40 they have to check -- get a
prostate checkup.
Chairman Winton: Camille, could I -- Commissioner Teele and then Commissioner Sanchez.
Vice Chairman Teele: Didn't we just do something at Artime, the theater, and isn't he going to
be rent-free from October to --
Keith Carswell (Director, Economic Development): That is something that is being reviewed.
Historically --
Chairman Winton: Your name?
Commissioner Regalado: No, no, no, no. Excuse me. That's nothing that is being reviewed. It
was announced officially that Community Development will work and bring the item, as directed
by the Commission, that none of the social services programs at the Manuel Artime Complex
will be paying rent because of the shortage of CD (Community Development) funds in the last
fiscal year. That's the direction of the Commission. It's nothing that has been reviewed. It's -- I
think Barbara has already the money and talking, so, you know, he's not going to leave here
thinking that he's going to have to pay rent. Am I correct here?
Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. Yes, it is
correct what you have said that the Commission directed. What we have done is we have
obtained a budget from Manuel Artime Center, and we are getting it approved by HUD (Housing
and Urban Development) to determine that they are eligible. Yes, we are working on that.
Commissioner Winton: Well let -- I'm sorry.
Ms. Rodriguez: And that will include all social programs in the building.
Vice Chairman Teele: And this program which is --
Ms. Rodriguez: Is one of them.
Vice Chairman Teele: Is one of them, so, in effect, the straight answer to Mr. Merilus at this
point is we are waiting on HUD to determine whether or not we can waive his rent beginning
October 1 --
Ms. Rodriguez: We're not waiving the rent. What we're doing is basically paying certain
expense of Manuel Artime's budget so that Manuel Artime could give them a moratorium of one
year rent.
Vice Chairman Teele: OK. Well --
38 September 25, 2003
Ms. Rodriguez: Right.
Vice Chairman Teele: So that a moratorium will be provided.
Ms. Rodriguez: Right.
Chairman Winton: For one year.
Vice Chairman Teele: For one year.
Ms. Rodriguez: Right.
Vice Chairman Teele: So does that answer your concern?
Mr. Merilus: Oh, thank you very much, Commissioner.
Vice Chairman Teele: And thank Commissioner Regalado, because I don't even agree with the
overall, but I'm glad that you're there and I'm glad that you're going to get a benefit, but
Commissioner Regalado and the Community Development Department have been working this.
Now, let me ask you this: Do you owe rent now?
Mr. Merilus: Yes.
Vice Chairman Teele: And how much do you owe now?
Mr. Merilus: I think it's $2,408, and I think -- I was --
Vice Chairman Teele: Hold on one minute. Mr. Director, how much does he owe?
Mr. Carswell: He owes $4,645.25 in rent, plus $1,063 in security deposits.
Commissioner Regalado: Let's pay it.
Vice Chairman Teele: So roughly, $6,000.
Mr. Carswell: Five thousand, seven hundred.
Commissioner Sanchez: So roughly, he's never paid anything.
Mr. Carswell: Correct. On two occasions, the Commission provided a waiver of rent, which
totaled about $4,076. That was from a period last year from May up until January of this year,
and that was $4,076 that was provided historically. What he's currently in arrears for is roughly
about $6,000.
39 September 25, 2003
Vice Chairman Teele: I move that the management be requested to meet with the gentleman and
his organization and to come back within 30 days with a comprehensive plan and
recommendations to address this.
Chairman Winton: And by the way, I -- and I want to put this back on the record. At that
meeting where we deferred rent, I said then that that was the last time I would vote on a deferral
of rent for Camille, and this is a new circumstance, which I voted in favor of that Commissioner
Regalado brought forward, so I'm still in favor, but at some point, Camille --
Mr. Merilus: Yes.
Chairman Winton: -- you have to figure out that you either have funding to stay in business or
you don't.
Mr. Merilus: Yes.
Chairman Winton: I mean this isn't the City of Miami --
Mr. Merilus: I'd like to agree, too, Commissioner.
Chairman Winton: OK. Thank you.
Commissioner Regalado: Yeah, but remember --
Mr. Merilus: So then, please, Commissioners --
Vice Chairman Teele: You know, I'll go a step further.
Mr. Merilus: Yes.
Vice Chairman Teele: I would feel better about paying the rent if you didn't come here every
two months or three months --
Chairman Winton: Yeah.
Vice Chairman Teele: -- with another project -- the flag day, the this, the that. You know, what
it does is it destroys our credibility with the taxpayers.
Mr. Merilus: Yes.
Vice Chairman Teele: They see this, and they assume that we're giving away money.
Mr. Merilus: OK.
Vice Chairman Teele: In the case of the rent, we're paying government to government, and
we're not giving away money. It is a government building in which we're not collecting the rent
40 September 25, 2003
on, but we're not giving away money, per se, but it looks that way, so I think the one thing that
we're going to have to do is get a commitment that there will be no requests during the period of
this, other than the request that we're dealing with, because we just have to --
Chairman Winton: Right.
Vice Chairman Teele: -- at some point say --
Chairman Winton: Enough is enough.
Vice Chairman Teele: -- you know, and I can't tell you no, Camille. You know, I've never said
Mr. Merilus: I know that, I know that.
Vice Chairman Teele: So the best thing to do is to get you to agree not to come and ask.
Commissioner Regalado: But remember, remember --
Chairman Winton: Regalado.
Commissioner Regalado: Yes.
Mr. Merilus: And Commissioners, don't forget to the get the prostate checkup, because that's
what we are out there to tell men 40 years old or older.
Chairman Winton: OK, Commissioner Regalado.
Commissioner Regalado: I think that what Commissioner Sanchez has done in helping with his
budget programs that are located in the Artime complex, what the Commission did is a result of
the crisis that we have of lack of funding for all these agencies. Eventually, eventually we're --
next year, we're going to have the same problem, so we need to start figuring out -- you know,
the Artime is not there to make money. The Artime is a community center, so we need to figure
out and decide which is an agency that is really working for the community. OK. You won't
pay rent, but you've got to figure out other sources --
Chairman Winton: What you're giving back.
Commissioner Regalado: -- to get your people taken care of, and, you know, we're going to
have the same problem next year, so might as well, let's start figuring out now. The reason that
this Commission did that is because they didn't have money -- I mean, they were cut half, and
most of them didn't get anything, so, you know, we've got to help.
Chairman Winton: OK, and one last point I would like to make, Mr. Manager, to your staff.
You all, I assume, read the agenda, I'm assuming. There is no reason that he should have been
before this Commission this morning. You all should be proactive, Barbara -- that includes you
41 September 25, 2003
in this -- you all should be proactive. You saw this on the agenda item. You should have called
him, worked this out, it comes off the agenda. We didn't have to have this debate. You would
have had an answer for him.
Mr. Carswell: We have met on several occasions. We got --
Chairman Winton: Did you give him this answer?
Mr. Carswell: Yes, and we've got promises where they were going to pay rent. We've had
checks that were returned --
Chairman Winton: No, no, no, that's a different issue. What his -- his arrearages have nothing
to do with this particular request, and that request was tied to a resolution that was already passed
by the Commission directing you all to work with the agencies through CD so that they have a
one-year rent deferral period.
Vice Chairman Teele: Moratorium.
Chairman Winton: Moratorium.
Mr. Carswell: OK.
Chairman Winton: So you all do that. OK.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Commissioner Sanchez.
Commissioner Sanchez: Look, we -- out of the kindness of our hearts, we've opened up a
Pandora's box that's out of control, OK? I'm just going to say two things. I supported the idea
of rent -- you know, rent waivers, because of the lack of CD funds, but you know what the
administration needs to do? They need to go in there and talk to all the social services, and each
social service needs to show a professional accounting, the scopes of their duty and what they're
doing, and a detailed statement of where all their public funds are going, and then sit down with
the organizations that are producing and delivering a service and fund them on the free waiver,
because what we're doing is -- I mean, that's turning to be a haven for, you know, for social
service organizations. They all want to get in there, and it's a pattern that we're seeing. They
get there the first month, they ask for a first -month waive, then they come back the second month
and they continue to -- and you know, it's going to get to a point -- I'm all for -- hey, we give
them a year because of the CDBG (Community Development Block Grant) shortage of funds,
and after that, if they can't fend for themselves -- you know, but they've got to show -- they've
got to be showing what they're doing -- what they're doing, what service they're providing to the
community so we can continue to support them, and we constantly see organizations that come
in front of us without any documentation, without any accounting record, without any goals and
objectives or mission statement of what they've accomplished, and we continue to just, you
know, cater to what they want for, and Mr. Camille, I don't -- you know, I don't have a problem
42 September 25, 2003
with you coming in front of the Commission, but you can't be coming every other month asking
for something. I mean, put together a plan of what your organization is going to do, and prepare
it.
Chairman Winton: OK.
Mr. Merilus: OK. Thank you.
Chairman Winton: Camille we -- so you now have your answer. They're working on
determining whether or not HUD will allow this, and if it's allowed by HUD, you're going to get
a one-year moratorium on your rent, but you're still going to have to work out the past due with
staff. OK, Item Number --
Vice Chairman Teele: Call the question. We had a motion and a second.
Commissioner Sanchez: What was the motion?
Vice Chairman Teele: The motion was to instruct the staff to meet with him and come back
within 60 days.
Commissioner Sanchez: Well, I want to amend that. If it's 60 days, I want the administration to
sit down with all the --
Chairman Winton: Yeah, and we need a second, because we don't have a second on that.
Vice Chairman Teele: He seconded.
Commissioner Regalado: I did.
Chairman Winton: You did? OK, a second. OK, I'm sorry.
Commissioner Sanchez: Well, I would like to amend that if the -- with the maker of the motion.
What I would like to do is since we turned it to 60 days is have the administration meet with all
the social services in the Artime and get them to provide accounting statements of where their
money is being spent, what services they're providing and whether they require or -- you know,
they have all the licenses and stuff, and that'll put this in a more professional manner to be
giving out money.
Vice Chairman Teele: I accept the amendment and I interpret that not only for licenses, et
cetera, but for a one-year business plan.
Commissioner Sanchez: Yes.
Chairman Winton: Yeah. OK.
43 September 25, 2003
Vice Chairman Teele: And with a covenant not to come back to the Commission during that
period.
Chairman Winton: Got a motion, second.
Commissioner Sanchez: Second.
Chairman Winton: Well, we have an amended motion. Does the second accept the amendment?
Commissioner Regalado: Yes, sir.
Chairman Winton: OK, so we have an amended motion. All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries. Thank you. Camille, thank you.
Mr. Merilus: Thank you very much, sir.
The following motion was introduced by Vice Chairman Teele, who moved for its adoption:
MOTION NO. 03 -103 5
A MOTION OF THE MIAMI CITY COMMISSION INSTRUCTING THE
ADMINISTRATION TO MEET WITH CAMILLE MERILUS AND THE
FOUNDATION FOR HAITI DEVELOPMENT AND COME BACK IN 60
DAYS WITH A COMPREHENSIVE PLAN AND RECOMMENDATION
REGARDING THE ISSUE OF WAIVER OF RENT AT THE MANUEL
ARTIME CENTER; FURTHER REQUESTING THAT THE
ADMINISTRATION MEET WITH ALL SOCIAL SERVICE AGENCIES
THAT WORK OUT OF THE MANUEL ARTIME CENTER AND HAVE
THEM PROVIDE A ONE YEAR BUSINESS PLAN INCLUDING
ACCOUNTING STATEMENTS, SERVICES PROVIDED, ETC., IN ORDER
TO EVALUATE AGENCIES' EFFECTIVENESS; FURTHER ASKING SAID
AGENCIES TO PROVIDE A COVENANT NOT TO COME BACK TO THE
COMMISSION FOR A ONE-YEAR TIME PERIOD REQUESTING WAIVER
OF RENT FEES.
44 September 25, 2003
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Arthur E. Teele, Jr.
Chairman Johnny L. Winton
NAYS: None.
ABSENT: None.
15. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE
AND WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES;
AUTHORIZE PURCHASE OF PORTABLE LIVE FIRE BURN STRUCTURE (FIREFLASH
TRAINER) FOR DEPARTMENT OF FIRE -RESCUE, WITH ONE-YEAR MANUFACTURER
WARRANTY FROM FIREBLAST 451, INC., SOLE SOURCE MANUFACTURER, $276,800;
ALLOCATE FUNDS FROM FEMA/ASSISTANCE TO FIREFIGHTERS GRANT AWARD
(FISCAL YEAR 2002) FOR FIRE OPERATIONS AND FIREFIGHTER SAFETY PROJECT
Chairman Winton: OK. Item number 6. We're on the regular agenda now, so let's go to Item
number 6, and it's a ratifying City Manager's finding of sole source bid, four-fifths vote required.
Commissioner Gonzalez: Move Item 6.
Chairman Winton: We have a motion. Need a second.
Vice Chairman Teele: Second.
Chairman Winton: Second on Item 6. Discussion. Do we already have a live burn?
Chief William Bryson (Department of Fire -Rescue): No, Commissioner, we don't.
Chairman Winton: Is this tied to the thing that happened in Fort Lauderdale?
Chief Bryson: No, it's not, but it was -- it's timely. This is Chief Bryson.
Chairman Winton: So how have you done this in the past?
Chief Bryson: Pardon me?
Chairman Winton: How have you done this -- ?
Chief Bryson: We have gone to other facilities, including renting facilities, the one in Fort
Lauderdale; Naples, Florida. We had on the -- we were going to do for this class. In other words
45 September 25, 2003
-- and by the way, just an added benefit, that we planned on exploring possibilities of leasing use
of our facility.
Chairman Winton: Thank you. Good. OK
discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Any other -- motion, second. Any other
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 03-1036
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF SOLE SOURCE AND WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES;
AUTHORIZING THE PURCHASE OF A PORTABLE LIVE FIRE BURN
STRUCTURE (FIRE FLASH TRAINER) FOR THE DEPARTMENT OF FIRE -
RESCUE, WITH A ONE-YEAR MANUFACTURER WARRANTY FROM
FIREBLAST 451, INC., THE SOLE SOURCE MANUFACTURER, FOR A
TOTAL CONTRACT AMOUNT NOT TO EXCEED $276,800; ALLOCATING
FUNDS FROM THE FEMA/ASSISTANCE TO FIREFIGHTERS GRANT
AWARD (FISCAL YEAR 2002) FOR FIRE OPERATIONS AND
FIREFIGHTER SAFETY PROJECT NO. 110014, ACCOUNT CODE NO.
280110.6.840.
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Chairman Winton: Commissioner Sanchez, are you voting "aye"?
Commissioner Sanchez: Yes, sir.
Chairman Winton: OK.
46 September 25, 2003
16. AUTHORIZE MANAGER TO EXECUTE GRANT OF EASEMENT, TO GRANT
FLORIDA POWER AND LIGHT COMPANY, TEN FOOT STRIP PERPETUAL, NON-
EXCLUSIVE EASEMENT ON PROPERTY LOCATED ON NORTH SIDE OF WATSON
ISLAND FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF
UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH RIGHT TO RECONSTRUCT,
IMPROVE, CHANGE VOLTAGE, AND REMOVE SUCH FACILITIES OR ANY OF THEM
WITHIN EASEMENT.
Chairman Winton: Item number 7. This is a grant. I mean, an easement, I'm sorry. Yeah,
FP&L (Florida Power & Light) --
Commissioner Sanchez: So moved.
Chairman Winton: -- easement on Watson Island. Need a motion.
Vice Chairman Teele: 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 Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-1037
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
A GRANT OR EASEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, TO GRANT FLORIDA POWER AND LIGHT COMPANY, A TEN
(10) FOOT STRIP PERPETUAL, NON-EXCLUSIVE EASEMENT ON THE
PROPERTY LOCATED ON THE NORTH SIDE OF WATSON ISLAND IN
SUBSTANTIALLY THE LOCATION DEPICTED IN "EXHIBIT A"
ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC
UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT,
IMPROVE, CHANGE THE VOLTAGE, AND REMOVE SUCH FACILITIES
OR ANY OF THEM WITHIN THE EASEMENT.
47 September 25, 2003
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Chairman Winton: Mr. Manager, on 8, are there two different things we're going to approve on
8? Mr. City Attorney. Mr. Manager. We'll come back -- go to 9. Get -- would you get --
Commissioner Sanchez: We've --
Chairman Winton: -- Joe and --
Commissioner Sanchez: -- already did 9.
Chairman Winton: -- get this figured out?
Commissioner Sanchez: Nine's been deferred. 10.
Chairman Winton: Did we do 9? Oh, yeah, we did.
Commissioner Sanchez: Yes.
Chairman Winton: Yeah.
48 September 25, 2003
17. TABLED: PROPOSED WAIVER OF CONFLICT OF INTEREST PROVISIONS
CONTAINED IN SECTION 2-612 OF CITY CODE TO ENABLE MODEL CITY
COMMUNITY REVITALIZATION DISTRICT TRUST TO PURCHASE PROPERTY
LOCATED AT 1461 NORTHWEST 60TH STREET FROM FAITH WILLIAMS, A CITY
EMPLOYEE AND WHOLE OWNER OF ROYALTY HEIGHTS APARTMENTS, INC.
Chairman Winton: Item number 10. This is to waive a conflict of interest, four-fifths vote.
Vice Chairman Teele: So move.
Commissioner Gonzalez: Second.
Commissioner Sanchez: Discussion.
Chairman Winton: Yes, discussion.
Commissioner Sanchez: You know, I was going through this. When the property owner bought
that property -- it's a 12 -- it's an 18 -unit complex. The owner bought it in 1999 for $135,000.
Model City's paying, what -- offering 488? I mean, in that short period -- I mean, even if the
properties have increased there and they doubled probably 270 and they're paying 488 for it, I
mean, I would like to maybe have the executive director, if she's here, address that concern as to
Chairman Winton: Joe --
Commissioner Sanchez: -- why the property is so high.
Chairman Winton: I'm sorry. This is a time certain for 4 p.m.
Commissioner Sanchez: Oh, OK.
Chairman Winton: Sorry about that.
Commissioner Sanchez: 10?
Chairman Winton: Yeah.
Commissioner Sanchez: Well, maybe --
Chairman Winton: Ten's a --
Commissioner Sanchez: -- they could address -- that's the only concern I have. I mean, why are
they paying so much money for this property?
Chairman Winton: So --
49 September 25, 2003
18. TABLED: PROPOSED APPROVAL OF ASSIGNMENT OF CITY COMMERCIAL
SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN CITY AND
ONYX FLORIDA, LLC, TO DISPOSALL OF SOUTH FLORIDA, INC., CONTINGENT
UPON SUBMISSION OF ALL REQUIRED SUPPORTING DOCUMENTS.
Commissioner Gonzalez: Mr. Chairman, can we go back to 8? Mr. Manager is back here.
Chairman Winton: Yeah.
Vice Chairman Teele: Number what, 8?
Chairman Winton: Yeah, number 8. Mr. Manager --
Vice Chairman Teele: And this a grant?
Chairman Winton: -- we got number 8. Isn't this a -- now, we've got -- are there -- there's two
license transfers you're doing as a part of number 8, is that what the scoop is? Yes, ma'am.
Who's going to --
Joe Arriola (City Manager): Yes, sir.
Commissioner Gonzalez: What --
Mr. Arriola: There are two items, and I thought that there was --
Chairman Winton: Are you -- didn't you say you wanted to do them both at the same time?
Mr. Arriola: I would do -- want to do it at the same time. If you can just give us five minutes --
Chairman Winton: OK, no problem.
Mr. Arriola: -- I would really appreciate it.
Vice Chairman Teele: Have they --
Commissioner Gonzalez: Wait a minute. Before --
Vice Chairman Teele: -- been advertised?
Mr. Arriola: Pardon me?
Commissioner Sanchez: Properly advertised?
Mr. Arriola: Yes, sir. Yes, sir.
50 September 25, 2003
Commissioner Gonzalez: Before we discuss this, was this brought to the Solid Waste
committee?
Alicia Cuervo Schreiber: Yes, it was.
Mr. Arriola: Yes, sir.
Commissioner Gonzalez: It was?
Mr. Arriola: Yes, sir.
Commissioner Gonzalez: I had -- I was not able to attend that meeting, but Frank, you were
there. Was this issue discussed?
Ms. Cuervo Schreiber: I was there, Commissioner.
Alejandro Vilarello (City Attorney): Mr. Chairman, there -- the -- I don't believe this item is the
item that came first before the City Commission and was referred back to the committee. This is
a separate item, and I'm concerned that we're confusing two different issues --
Commissioner Gonzalez: OK, but even though --
Vice Chairman Teele: Well, let's take up number 8 --
Mr. Vilarello: --so --
Commissioner Gonzalez: -- if it is a second item --
Vice Chairman Teele: -- and then, if we want to take this up as a pocket item --
Chairman Winton: Yeah.
Vice Chairman Teele: -- then we've got the documentation --
Chairman Winton: Right.
Vice Chairman Teele: -- but I do know that this thing is supposed to be advertised and it's
supposed to be advertised not just -- I mean, advertised in a newspaper as a part of the
Commission agenda.
Mr. Vilarello: Mr. Chairman, if I could just request an opportunity at a break to confer with the
Administration and make sure we have the right items before you.
Chairman Winton: Got it, fine, so --
Commissioner Sanchez: OK.
51 September 25, 2003
Vice Chairman Teele: We'll defer Item 8.
Commissioner Gonzalez: Also --
Chairman Winton: Defer Item 8.
Commissioner Gonzalez: -- as the Chairman of the Solid Waste committee, I would like to sit
down with all of you before this come back to the --
Chairman Winton: Yeah, during the lunch break.
Commissioner Gonzalez: -- Commission, OK?
Chairman Winton: Yeah. OK. Item --
Mr. Arriola: After lunch.
Chairman Winton: --11.
Vice Chairman Teele: How long are we deferring this for? Don't -- how many people are here
in the audience on this thing? How long are we deferring the one that was published, the Onyx
one? Is that what you all are here for?
Unidentified Speaker: Yes.
Chairman Winton: You're here for Onyx. What are y'all here for? OK, so one of them's a
pocket item and one of them's on the regular agenda, so I think we need to defer it, though, until
after lunch so that --
Commissioner Gonzalez: Well, let's take --
Chairman Winton: -- the Chairman of the Solid Waste committee is clear on both of these
issues.
Commissioner Gonzalez: Why don't we take it back at 3 o'clock before we --
Chairman Winton: Perfect.
Commissioner Gonzalez: -- start the Planning and Zoning?
Mr. Arriola: That'd be great.
Chairman Winton: Yeah, we'll bring it back right -- promptly at 3 o'clock, when we come back
from lunch.
52 September 25, 2003
Commissioner Gonzalez: Right.
Chairman Winton: OK.
Commissioner Sanchez: Item number 11, so move.
Commissioner Gonzalez: Second, 11.
Chairman Winton: Item 11.
Commissioner Sanchez: I think you got --
Chairman Winton: I think Item 11, I think this is 3 p.m. time certain, as well.
Mr. Arriola: Yes.
Chairman Winton: 11 and 12 are --
Vice Chairman Teele: Is that District 5 money, Item 11?
Commissioner Sanchez: Why is it -- ?
Vice Chairman Teele: Huh?
Commissioner Sanchez: Yeah, but why is it time certain at 3?
Vice Chairman Teele: Because public hearing times are noticed and whatever time --
Commissioner Sanchez: Oh.
Vice Chairman Teele: -- they notice them for --
Commissioner Sanchez: All right.
Vice Chairman Teele: -- is what --
Commissioner Sanchez: All right, it's a public hearing, OK.
Chairman Winton: So 11 and 12 are both 3 p.m. time certain. Let's see. Second reading -- we
deferred 13.
53 September 25, 2003
19. ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED `BICENTENNIAL
PARKBISCAYNE BOULEVARD - DESIGN OF PEDESTRIAN FACILITIES AND
AMENITIES."
Chairman Winton: Fourteen, second reading ordinance. Receiving a grant.
Vice Chairman Teele: Which one?
Commissioner Gonzalez: Fourteen. Move 14.
Vice Chairman Teele: Second.
Commissioner Sanchez: Second.
Chairman Winton: Well, apparently, there's -- I'm told that there's some technical glitch in this;
is that correct, Mr. City Attorney?
Vice Chairman Teele: Jesus.
Alejandro Vilarello (City Attorney): It's a companion item. A correction to a prior resolution
that the City Commission adopted -- oh, do we have it now?
Chairman Winton: Great. Glitch cured.
Mr. Vilarello: The City Commission previously approved the agreement that's attached to this.
However, the State objected to certain language.
Chairman Winton: OK.
Mr. Vilarello: So, I need to bring it back to you. The language is stricken from that agreement,
it is legally sufficient and it has met with the Manager's staff s approval.
Chairman Winton: Great.
Mr. Vilarello: So, we'd like to bring it back as a companion. I have it right here. If you'd like
me to read both?
Chairman Winton: Yeah, do both.
Mr. Vilarello: The resolution --
Chairman Winton: Well, do -- we need a motion and a second on 14
Commissioner Sanchez: I think you have it.
Chairman Winton: Oh, we do?
54 September 25, 2003
Mr. Vilarello: You have it on the ordinance.
Chairman Winton: Did we get a motion and a second? OK. Thank you, so read the ordinance
or ordinances. Roll call, please.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED `BICENTENNIAL
PARKBISCAYNE BOULEVARD - DESIGN OF PEDESTRIAN FACILITIES
AND AMENITIES," AND APPROPRIATING FUNDS, IN THE AMOUNT OF
$1,728,863, CONSISTING OF A GRANT RECEIVED FROM THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION TO DESIGN
PEDESTRIAN FACILITIES AND AMENITIES FOR BISCAYNE
BOULEVARD, BICENTENNIAL PARK AND THE FLORIDA EAST COAST
SLIP PLAZA; 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 September 11, 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 Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
SAID ORDINANCE WAS DESIGNATED ORDINANCE No. 12405.
The Ordinance was read by title into the public record by the City Attorney.
Priscilla Thompson (City Clerk): The ordinance is adopted on second reading, 4/0.
Mr. Vilarello: Mr. Chairman, the resolution would be a resolution amending the attachment to
Resolution Number 03-621, which was adopted May 22, 2003, which approved the City of
Miami's participation in a Local Agency Program Agreement with the State of Florida
Department of Transportation for the Bicentennial Park, Biscayne Boulevard Design of
Pedestrian Facilities and Amenities Project for Biscayne Boulevard, Bicentennial Park and
Florida East Coast Slip Plaza to remove certain language from the program agreement.
55 September 25, 2003
Chairman Winton: Need a motion and a second.
Commissioner Gonzalez: Move it.
Commissioner Sanchez: So moved. Second.
Chairman Winton: Motion, second. Discussion on the resolution? Being none, all in favor
aye.
11
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed? The motion carries.
The following resolution was introduced by Commissioner Gonzalez, who moved its adoption:
RESOLUTION NO. 03-1038
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO LOCAL AGENCY PROGRAM AGREEMENT
("PROGRAM AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") FOR THE BICENTENNIAL PARK/
BISCAYNE BOULEVARD - DESIGN OF PEDESTRIAN FACILITIES AND
AMENITIES PROJECT FOR BISCAYNE BOULEVARD, BICENTENNIAL
PARK AND THE FLORIDA EAST COAST SLIP PLAZA, TO DELETE
CERTAIN LANGUAGE RELATED TO THE PROGRAM'S PROJECT COSTS
CONTAINED IN THE PROGRAM AGREEMENT; FURTHER AMENDING
RESOLUTION NO. 03-621, ADOPTED MAY 22, 2003, TO REFLECT SAID
DELETION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
56 September 25, 2003
20. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED "CORAL GABLES HOSPITAL/TENET FOUNDATION CONTRIBUTION" AND
APPROPRIATE $1,500, CONSISTING OF GRANT FROM CORAL GABLES
HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET FOUNDATION.
Commissioner Gonzalez: Move 15, Mr. Chairman.
Chairman Winton: We got a motion.
Commissioner Sanchez: Second.
Chairman Winton: Need a second. 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.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED "CORAL GABLES
HOSPITAL/TENET FOUNDATION CONTRIBUTION" AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE
AMOUNT OF $1,500, CONSISTING OF A GRANT FROM CORAL GABLES
HOSPITAL/TENET SOUTH FLORIDA HEALTHSYSTEM AND TENET
FOUNDATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AWARD AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
57 September 25, 2003
was passed on its first reading, by title, at the meeting of September 11, 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. 12406.
Ms. Thompson: The ordinance is adopted on second reading, 5/0.
21. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND
ENTITLED "MIAMI-DADE COUNTY MUNICIPAL CONTINUITY OF OPERATIONS
(COOP) PLAN GRANT AWARD (FY 2003)," CONSISTING OF GRANT, $75,000, FROM
STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, AND APPORTIONED
BY MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF
EMERGENCY MANAGEMENT JUNE 20, 2003 THROUGH APRIL 16, 2004, FOR
DEVELOPMENT OF COOP PLAN IN ACCORDANCE WITH FEDERALLY FUNDED
SUBGRANT AGREEMENT NO. 03 -FT -1B-11-23-01.
Chairman Winton: 16, second reading ordinance, grant.
Commissioner Gonzalez: Move --
Commissioner Sanchez: So move.
Chairman Winton: Motion, second. Discussion. Being none, read the ordinance, please.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
58 September 25, 2003
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY
MUNICIPAL CONTINUITY OF OPERATIONS ("COOP") PLAN GRANT
AWARD (FY 2003)," CONSISTING OF A GRANT, IN THE AMOUNT OF
$75,000, FROM THE STATE OF FLORIDA, DEPARTMENT OF
COMMUNITY AFFAIRS, AND APPORTIONED BY THE MIAMI-DADE
COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF
EMERGENCY MANAGEMENT FOR THE PERIOD OF JUNE 20, 2003
THROUGH APRIL 16, 2004, FOR THE DEVELOPMENT OF A COOP PLAN
IN ACCORDANCE WITH THE FEDERALLY FUNDED SUBGRANT
AGREEMENT NO. 03 -FT -1B-11-23-01; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE
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 September 11, 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. 12307.
Ms. Thompson: The ordinance is adopted on second reading, 5/0.
59 September 25, 2003
22. SECOND READING ORDINANCE: SUNSET CITY DISTRICTS TWO, THREE, AND
FIVE HISTORIC PRESERVATION ADVISORY BOARDS BY AMENDING SECTION 2-892
AND REPEALING, IN THEIR ENTIRETY, ALL DIVISIONS AND SECTIONS OF CITY
CODE, AND ORDINANCE NOS. 12077, 12086, AND 12234.1 RELATED TO SAID
ADVISORY BOARDS.
Chairman Winton: 18, second reading ordinance.
Commissioner Gonzalez: Move 18.
Chairman Winton: Joe, second.
Commissioner Sanchez: Second.
Chairman Winton: Got a motion, second. Discussion. Being none, read the ordinance, please.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING CITY
OF MIAMI DISTRICTS TWO, THREE, AND FIVE HISTORIC
PRESERVATION ADVISORY BOARDS BY AMENDING SECTION 2-892
AND REPEALING, IN THEIR ENTIRETY, ALL DIVISIONS AND SECTIONS
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND
ORDINANCE NOS. 12077, 12086, AND 12234.1 RELATED TO SAID
ADVISORY BOARDS; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
60 September 25, 2003
was passed on its first reading, by title, at the meeting of September 11, 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. 12408.
Ms. Thompson: The ordinance is passed on second reading, 5/0.
23. SECOND READING ORDINANCE: AMEND SECTION 2-33(c) OF CITY CODE
ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION" TO PROVIDE FOR
SCHEDULING OF ITEMS ON AGENDA BY CITY BOARDS AND TO REQUIRE ALL
CITIZENS' REQUESTS FOR AGENDA PLACEMENT BE REVIEWED BY MANAGER
PRIOR TO AGENDA SCHEDULING.
Chairman Winton: 19, second reading ordinance.
Commissioner Sanchez: So move.
Commissioner Regalado: Mr. Chairman.
Commissioner Gonzalez: Second.
Chairman Winton: Got a motion, second. Discussion. Yes, sir.
Commissioner Regalado: I'd like to amend this ordinance with a phrase "Unless it's referred
directly to the Agenda office by a City Commissioner or the Mayor."
Chairman Winton: That's a good idea, and --
Commissioner Sanchez: Maker of the motion accepts the amendment.
Chairman Winton: -- I would like to -- it may be -- and Mr. City Attorney, you can help me
here, if this is already just understood, but in reading this page, on like the sixth line down, it
says "Request for agenda placement be reviewed by City Manager prior to," and I think that it
61 September 25, 2003
not only needs to be reviewed by the City Manager, but the idea is to get a discussion between
the management and the people requesting the personnel appearance so that hopefully, when
they come -- a number of things could happen. One thing that could happen is, they don't need
the personal appearance anymore because they got their issue solved, and I hope that happens
many, many times, but the second issue is that there's been real discussion between the person
who wants to appear and the Administration, and we know where their differences are so those
differences could come before the Commission and be stated clearly and we can make decisions,
so does this ordinance, the way it's written, assure that we have discussion between the two
parties, that's my question, as opposed to just -- ?
Alejandro Vilarello (City Attorney): It does not do that. It just simply requires the Manager's
office to review the item.
Chairman Winton: So, I would like to mod --
Mr. Vilarello: Implicit is that it -- he would make a recommendation, but it does not require the
Manager to meet with the group.
Chairman Winton: I think that's what the intent here is, so I would like to make a second
modification, which requires that to occur; otherwise, we're defeating the purpose.
Mr. Vilarello: In my --
Commissioner Gonzalez: So that would be two modifications.
Chairman Winton: Does that make -- yes? OK.
Commissioner Sanchez: The maker of the motion accepts the amendment.
Chairman Winton: OK, we have a motion and a second --
Commissioner Gonzalez: Second.
Chairman Winton: -- two modifications to it. Any further -- yes, sir, Mr. --
Mr. Vilarello: Yeah, Mr. Chairman. In my opinion, neither of those are material enough to
require the ordinance to go back to first reading --
Chairman Winton: Great.
Mr. Vilarello: -- so we'll make the amendment on second reading, and I just want to advise the
Commission that ultimately, in order to comply with the citizens' bill of rights, if there's an
inordinate delay in getting it to the City Commission, of course, I would recommend that it be
placed on the agenda --
Chairman Winton: Agreed. I think --
62 September 25, 2003
Mr. Vilarello: -- if they cannot meet or review.
Chairman Winton: -- we all would agree with that. We're not trying to deny any of their rights
here. OK. We have an amended motion, second. Any other discussion. If not, please read the
ordinance.
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.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND
CITY COMMISSION" TO PROVIDE FOR THE SCHEDULING OF ITEMS
ON THE AGENDA BY CITY BOARDS AND TO REQUIRE ALL CITIZENS'
REQUESTS FOR AGENDA PLACEMENT BE REVIEWED BY THE CITY
MANAGER PRIOR TO AGENDA SCHEDULING, UNLESS OTHERWISE
DIRECTED BY THE MAYOR OR A MEMBER OF THE CITY
COMMISSION; MORE PARTICULARLY BY AMENDING SECTION 2-33(c)
OF SAID CODE; 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 September 11, 2003, was taken up for
its second and final reading, by title and adoption. On motion of Commissioner Sanchez,
seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12409.
Ms. Thompson: The ordinance is adopted on second reading, with a modification, 5/0.
63 September 25, 2003
24. ACCEPT BID OF INC ENGINEERING CONTRACTORS, INC., FOR PROJECT
ENTITLED "FERN ISLE CLEAN-UP PROJECT, B -4670A," $568,800; ALLOCATE FUNDS
FROM CAPITAL IMPROVEMENTS PROJECT $618,800.
Chairman Winton: Item --
Commissioner Gonzalez: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Gonzalez: I move Item 20.
Chairman Winton: Item -- we got a motion. Need a second.
Commissioner Sanchez: 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 Gonzalez, who moved for its
adoption:
RESOLUTION NO. 03-1039
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE BID OF LNC ENGINEERING
CONTRACTORS, INC., FOR THE PROJECT ENTITLED "FERN ISLE
CLEAN-UP PROJECT, B -4670A," IN THE AMOUNT OF $568,800;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO.
333138, IN THE AMOUNT OF $568,800 TO COVER CONTRACT COSTS,
PLUS $50,000 TO COVER ESTIMATED EXPENSES INCURRED BY THE
CITY, FOR TOTAL PROJECT COSTS OF $618,800, AS SET FORTH ON THE
TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF
CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND
INCORPORATED; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR SAID PURPOSE.
64 September 25, 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.
25. ACCEPT RECOMMENDATION OF MANAGER APPROVING FINDINGS OF
EVALUATION COMMITTEE PURSUANT TO INFORMAL REQUEST FOR PROPOSALS
NO. 02-03-216, ISSUED TO STATE CONTRACT CONSULTANTS, THAT MOST
QUALIFIED FIRMS TO PROVIDE BUSINESS PROCESS REENGINEERING AND
SUBJECT MATTER EXPERTS SERVICES ARE, IN RANK ORDER: (1) BLACKWELL
CONSULTING SERVICES, LLC AND (2) BEARING POINT, INC.; AUTHORIZE
MANAGER TO NEGOTIATE PROFESSIONAL SERVICES AGREEMENT WITH HIGHEST
RANKED FIRM; MANAGER TO NEGOTIATE AGREEMENT WITH SECOND -RANKED
FIRM IN EVENT NEGOTIATIONS FAIL WITH TOP-RANKED FIRM.
Chairman Winton: 21. Need a motion.
Commissioner Gonzalez: Move 21.
Chairman Winton: Need a second on 21.
Vice Chairman Teele: Second.
Chairman Winton: Got a motion, second.
Commissioner Sanchez: What is that, 22nd?
Alejandro Vilarello (City Attorney): 21.
Chairman Winton: 21.
Commissioner Sanchez: Oh.
Chairman Winton: We have a motion and a second on 21. Discussion. Being none, all in favor,
LL "
aye.
The Commission (Collectively): Aye.
65 September 25, 2003
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 03-1040
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
CITY MANAGER'S APPROVAL OF THE FINDINGS OF THE
EVALUATION COMMITTEE'S FINDING AND RECOMMENDATION OF
INFORMAL REQUEST FOR PROPOSALS NO. 02-03-216, ISSUED TO
STATE CONTRACT CONSULTANTS, THAT THE MOST QUALIFIED
FIRMS TO PROVIDE BUSINESS PROCESS REENGINEERING (BPR)
AND SUBJECT MATTER EXPERTS (SME) SERVICES ARE, IN RANK
ORDER: (1) BLACKWELL CONSULTING SERVICES, LLC
("BLACKWELL") AND (2) BEARING POINT, INC. ("BEARING");
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH THE
TOP-RANKED FIRM TO PROVIDE SAID SERVICES FOR A TWO-YEAR
PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL
TWO-YEAR PERIODS; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AN AGREEMENT WITH BEARING, THE
SECOND -RANKED FIRM IN THE EVENT NEGOTIATIONS FAIL WITH
THE TOP-RANKED FIRM; AND DIRECTING THE CITY MANAGER TO
PRESENT THE NEGOTIATED AGREEMENT TO THE CITY
COMMISSION FOR CONSIDERATION.
Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
66 September 25, 2003
26. TABLED: PROPOSED INTERLOCAL COOPERATION AGREEMENT BETWEEN
CITY AND MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST.
Chairman Winton: 22.
Commissioner Gonzalez: Move 22.
Chairman Winton: Yeah.
Commissioner Sanchez: Is that a public hearing?
Commissioner Gonzalez: It's not.
Commissioner Sanchez: It's not?
Chairman Winton: I don't think so. This is the interlocal agreement; that they've met and
discussed and have agreement on, so it's really good news. We have a motion. I don't have a
second on 22.
Alejandro Vilarello (City Attorney): Mr. Chairman, there is an amendment to the interlocal
agreement and --
Commissioner Gonzalez: I believe Commissioner Teele --
Mr. Vilarello: -- apparently, it has not been distributed yet --
Commissioner Gonzalez: (INAUDIBLE).
Mr. Vilarello: -- so could we request this matter be deferred till this afternoon?
Commissioner Sanchez: 22.
Vice Chairman Teele: Hold on just one moment.
Chairman Winton: Oh, 22 is 4 o'clock also?
Vice Chairman Teele: Is Model Cities --
Chairman Winton: I'm sorry. It's a 4 o'clock time certain.
Commissioner Gonzalez: OK.
Chairman Winton: Sorry about that, gang.
Commissioner Regalado: Excuse me.
67 September 25, 2003
Chairman Winton: No, it's not.
Vice Chairman Teele: It's not a time certain, is it?
Chairman Winton: It's not time certain.
Vice Chairman Teele: Have you -- ?
Chairman Winton: Oh, it is?
Vice Chairman Teele: I'm speaking --
Chairman Winton: Oh, they did.
Vice Chairman Teele: -- to Mr. Range as the meeting is proceeding right now, and Mr. Range is
very encouraged with the meeting that he and the Trust and the Manager and the Attorney have
had, and that they're all in agreement. Now, have those agreements been codified, Mr. Attorney?
Mr. Vilarello: Yesterday there was a disagreement amongst -- between the lawyers with regard
to exactly the way the agreement should be read --
Chairman Winton: Surprised.
Mr. Vilarello: -- so what I'd like to do is defer this to it afternoon. As I left the office around 8
o'clock, 8:30 last night, there was a consensus on all but one issue, and I don't think --
Vice Chairman Teele: Why don't we defer it until, let's say, 7 o'clock?
Chairman Winton: Well, they are -- they're --
Unidentified Speaker: (UNINTELLIGIBLE) items before.
Vice Chairman Teele: Huh?
Chairman Winton: Yeah, they're on -- huh?
Unidentified Speaker: They have other items scheduled for time certain at 4
Chairman Winton: They do, so let's --
Vice Chairman Teele: OK, 4.
Chairman Winton: -- do it at 4
Vice Chairman Teele: 4 o'clock.
68 September 25, 2003
Chairman Winton: Time certain 4 o'clock.
Mr. Vilarello: We'll be prepared at whatever time you set.
Chairman Winton: And that's 23 also?
Unidentified Speaker: 22 and 23.
Commissioner Regalado: Excuse me.
Chairman Winton: 22 and 23, 4 p.m.
Commissioner Regalado: Chairman.
Chairman Winton: Huh?
Commissioner Regalado: Chairman.
Unidentified Speaker: 10 also.
Chairman Winton: And 10. Yes, sir, Commissioner Regalado.
Commissioner Regalado: What is on the air right now, on Miami TV (television)? What is on
the air? Is it a City Commission meeting or the same thing that we have here there -- on there?
Can somebody --
Chairman Winton: I have no idea.
Commissioner Regalado: -- find out?
Chairman Winton: OK, so Item number -- let's see, what was that? So 22 and 23, we're
deferring -- we're moving to 4 o'clock.
69 September 25, 2003
27. ACCEPT BIDS OF VARIOUS VENDORS FOR PURCHASE OF TIRES AND TUBES,
TO BE USED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ALLOCATE
FUNDS FROM OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND
AGENCIES.
Chairman Winton: 24.
Commissioner Gonzalez: There was some discrepancies on 24 and we sent this back to the
Administration. I believe --
Chairman Winton: Right. That's right.
Commissioner Gonzalez: -- there was a protest.
Chairman Winton: Exactly.
Commissioner Gonzalez: I don't know if it was -- there was a protest, if it was not. If the protest
was on time and --
Chairman Winton: Well, let's get a motion and a second --
Commissioner Gonzalez: -- in the appropriate manner.
Chairman Winton: -- then have discussion.
Commissioner Gonzalez: Can I have -- can I hear because this business is in my district. I want
to know exactly what is going on.
Chairman Winton: Yes, sir.
Glenn Marcos: Commissioner, Glenn Marcos, Purchasing Director.
Joe Arriola (City Manager): Excuse me one second. It is on the air, Commissioner.
Chairman Winton: What is?
Mr. Arriola: The Commission meeting. For some reason, it's not there and they're trying to
rectify it.
Mr. Marcos: Item number 20 --
Chairman Winton: And so that's the answer -- but by the way, I've asked for them to figure out a
way to put our agenda items on here so we all know where the hell we are, so that you can -- this
monitor ought to work for us, but just knowing that the real Commission meeting's on the air is
the key issue here.
70 September 25, 2003
Commissioner Regalado: Don't worry, we'll give them $10 million more and --
Commissioner Gonzalez: Let me --
Commissioner Regalado: -- they'll figure it out.
Commissioner Gonzalez: Before you go into the explanation, let me ask you -- if you allow me,
Mr. Chairman --
Chairman Winton: Yes, please.
Commissioner Gonzalez: --just ask a couple --
Chairman Winton: Yes, sir.
Commissioner Gonzalez: --of questions.
Chairman Winton: Um -hum.
Commissioner Gonzalez: I'm reading to the different awards that took place. Balado National
Tires was awarded a contract for 433,907?
Mr. Marcos: That's correct, sir, and that's before you as part of the actual agenda packet.
Commissioner Gonzalez: OK. Is this the original award or was there -- ?
Mr. Marcos: This is the estimated amount based upon the estimated quantities. He can receive -
- or Balado can receive up to $433,907.58.
Commissioner Gonzalez: All right.
Mr. Marcos: If you would like, I can go down through the actual breakdown.
Commissioner Gonzalez: No. That's all right.
Chairman Winton: Going to move it?
Commissioner Gonzalez: What happened with the protest? Was the protest on time? Was -- did
they had a ground to protest the bidding process? They did not or what?
Mr. Marcos: No, Commissioner Gonzalez, it was never a protest that was ever received by the
Purchasing Department. We've conferred with the City Attorney's office. We went ahead and
reviewed the actual matter. We spoke with the gentleman, Humberto Ortiz last night, and
basically, we've concluded that there was not ever a protest filed.
Commissioner Gonzalez: All right, so then move 24.
71 September 25, 2003
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. Discussion.
Vice Chairman Teele: Discussion.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I strongly support it, but Mr. Attorney, when the letter was received in my
office and forwarded to the Manager, it was in the form of a protest. It may not have been
timely, but the thing that got this really off center for me is when my offices told and the person
who's lodging the protest is told that they can't make a protest because it's covered by the --
Alejandro Vilarello (City Attorney): Cone of Silence?
Vice Chairman Teele: -- Cone of Silence --
Chairman Winton: Yeah, I remember that, right.
Vice Chairman Teele: -- and my staff was told in query that -- and I just think, Mr. Attorney,
you all need to take this under advisement and let's get a clear policy of what a protest is and
how it's done and all of that, because the one thing is that when somebody comes to us as
Commissioners, we don't want to get caught in the middle of -- I mean, the protest should be sent
to the protest office and not there, and maybe, you know, a part of this is that protests -- do we
have a protest ordinance? Is it clear?
Mr. Vilarello: We have a very clear protest ordinance with specific rules that have to be
complied with in order to do that. The RFPs (Requests for Proposals), the invitations for bid
describe the process for protests, and the Cone of Silence does not interfere with their ability to
do so. However, since there might have been some confusion, I'll be happy to review with the
Procurement office the invitation for bid to make sure --
Vice Chairman Teele: No. I mean, I just want to make sure we have a process that's clear --
Mr. Vilarello: Certainly.
Vice Chairman Teele: -- and that the staff is properly instructed as to what the process is.
Mr. Vilarello: I -- they are very familiar with it --
Commissioner Regalado: Mr. Chairman.
Mr. Vilarello: -- but we will certainly take this opportunity to sit down again and discuss it
again.
72 September 25, 2003
Chairman Winton: Yes, sir. Commissioner Regalado.
Commissioner Regalado: One way to circumvent the City Commission and the RFP process and
all these legal thing is that you say tires and then the Fire Department says, no, but we need a
special brand of tires, specifically this brand, and then one vendor, another vendor is eliminated
off of the process. I would like to know if this has happened in the past. I know the answer, but
I would like to know if this has happened.
Chairman Winton: Well, but how far is the past? I mean, that's a very open-ended question.
Commissioner Regalado: One year, two years ago.
Chairman Winton: OK, thank you. Is it a jump ball?
Commissioner Gonzalez: Go ahead.
Chairman Winton: Who's on first?
Maurice Kemp: Maurice Kemp, deputy Fire Chief. What is the question, sir?
Commissioner Regalado: The question is that if the Fire Department --
Vice Chairman Teele: You all debated who's going to come up. You all agree on who's going to
come up --
Commissioner Regalado: -- has requested a specific brand name, you know, that -- tires -- the
regulations are there in the RFP, but it doesn't say it has to be this brand, that brand, and in the
past the Fire Department has requested one specific brand.
Mr. Kemp: Yes, sir, the Fire Department has done that.
Commissioner Regalado: OK, so that's it. That's all I wanted to know, so this is the way to
circumvent the RFP process because then if a vendor is selected because of the cheapest amount
requested, does not carry that specific brand, they don't go to him, so you tell me if that -- it may
be legal, but it's immoral.
Chairman Winton: Well, let's here, first of all, from staff in terms of -- because I hear your point
very clearly. Maybe there's an answer to that, and so --
Commissioner Regalado: I hope so, because they did it --
Chairman Winton: Yes, sir, so do I.
Commissioner Regalado: -- in the past.
Chairman Winton: Yes, sir.
73 September 25, 2003
Mr. Marcos: Commissioner Winton, Commissioner Regalado, I think that actual request is a
process, a procurement process, and I can advise of the Commission that when it comes to this
particular case, we -- what we've offered is somewhat of a cafeteria plan, OK. Even though there
is a specific type of tire with the Fire Department, that's under the actual category. We also have
a possible substitute to that particular brand of tire under the non-CATL (Cooperative Approved
Tire List), so in essence, the Fire Department can pick and choose which tire they would want on
a particular vehicle.
Commissioner Regalado: Even if it --
Chairman Winton: But --
Commissioner Regalado: -- cost more?
Mr. Marcos: Yes, sir, because we've already established those prices. There was a competitive
prices --
Commissioner Regalado: So --
Mr. Marcos: -- in which for the Good Year tires, you had vendors competing for that particular
tire, and under the non-CATL, you also have competitive prices established, so in essence, what
we've done is we've opened up the actual competitive process.
Chairman Winton: Well, what he's saying is -- he was concerned that maybe the competitive
nature was taken out because you're specifying a specific brand. You're saying that you've
created -- because you have this cafeteria process of lots of different choices. However, I'm
concerned -- it would seem to me that it would be an unusual circumstance under which the Fire
Department would have to have a very specific brand of tire.
Mr. Marcos: If I may, I'm going to turn that question over to the Fire Department so they can
advise the Commission how they make that choice.
Mr. Kemp: Maurice Kemp, deputy Fire Chief. The Fire Department has a policy, which is the
same as the other fire departments in -- that we've surveyed whereby there will be only one brand
of tire on any particular truck, so you might have --
Chairman Winton: OK, yeah --
Deputy Fire Chief Kemp: -- as many --
Chairman Winton: -- yeah, yeah, right, right, right.
Deputy Fire Chief Kemp: -- you might have as many as 14 tires on a particular truck. If you
have one tire go out, we're not going to put a brand on there that's --
74 September 25, 2003
Chairman Winton: Agreed.
Deputy Fire Chief Kemp: -- different from the others because of safety reasons. Now, if the
process yielded a different tire, we could transition into that tire, eventually, which would mean
you'd waste a few tires, but you could transition into another brand name, but the reason --
Chairman Winton: But that's a circumstance under which you do that. OK, I understand. That's
a good answer. OK. Did we vote on this?
Vice Chairman Teele: No.
Chairman Winton: So we have a 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 resolution was introduced by Commissioner Gonzalez, who moved for its
adoption:
RESOLUTION NO. 03-1041
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE BIDS OF VARIOUS VENDORS, AS
SET FORTH ON THE VENDOR LIST, ATTACHED AND
INCORPORATED, FOR THE PURCHASE OF TIRES AND TUBES, TO BE
USED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN
AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD WITH
THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR
PERIODS; ALLOCATING FUNDS FROM THE OPERATING BUDGETS
OF VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO
BUDGETARY APPROVAL.
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.
75 September 25, 2003
Chairman Winton: 24A, and I thought you requested something different.
Commissioner Sanchez: Well --
Joe Arriola (City Manager): I missed a wonderful opportunity here to introduce our new director
of GSA (General Services Administration), Kenny Grimes, who been with the City for a couple
of weeks. Is he still here?
Commissioner Regalado: What did he say?
Mr. Arriola: Did he just walk out? I just wanted -- he comes from the naval academy. He -- and
a very, very, very impressive resume, and he just started with us two weeks ago, and I just
wanted to introduce him to the Commission --
Vice Chairman Teele: He learned fast; to get out as soon as it's over.
Chairman Winton: Yeah.
Mr. Arriola: He got his six years in and that was it, right? And this --
Commissioner Regalado: So is NAPA (National Auto Parts Association) is still running --
Mr. Arriola: No, sir.
Commissioner Regalado: NAPA is gone? We don't pay --
Mr. Arriola: The tires, the tires, the tires.
Commissioner Regalado: No, no, no, no, no. I remember --
Chairman Winton: Be careful. Be careful.
Commissioner Regalado: -- that former Manager Warshaw brought NAPA --
Chairman Winton: That's on parts.
Commissioner Regalado: -- and we pay --
Chairman Winton: On parts or tires?
Commissioner Regalado: Parts, tires, everything.
Chairman Winton: OK, so NAPA --
76 September 25, 2003
Commissioner Regalado: NAPA is out of the tires. Now, are we still paying NAPA employees
and our employees to do the part thing?
Kenneth Grimes: We're still paying NAPA to do the parts thing, yes.
Chairman Winton: I'm sorry.
Commissioner Regalado: And --
Mr. Grimes: NAPA does all of our parts, with the exception --
Chairman Winton: Sir.
Vice Chairman Teele: You're supposed to give your name --
Mr. Grimes: I'm sorry.
Vice Chairman Teele: -- and title before you start.
Mr. Grimes: My name is Kenneth Grimes. I'm the GSA director, City of Miami.
Chairman Winton: Welcome, by the way.
Mr. Grimes: Thank you.
Commissioner Regalado: So we're -- but we're still paying City employees to do the parts?
Chairman Winton: Well, hold on here. You're -- Commissioner Regalado, let's be fair. The
guy's been here two weeks. There was an audit finding, what, two years ago, that -- where --
Commissioner Regalado: We double paid.
Chairman Winton: -- NAPA was being paid to do it, but we were using City employees to do it.
Would y'all go look up -- make sure that -- you do have the question now. Bring the answer
back to us as soon as you know the right answer --
Mr. Grimes: You got it.
Chairman Winton: -- and give it to us, please? Thank you.
Mr. Grimes: Absolutely.
Vice Chairman Teele: And why can't you welcome the man instead of baptizing him by fire?
Commissioner Regalado: Because, you know, you have one guy there four years more, one guy
there four years more. It's like the Bad Boys II movie.
77 September 25, 2003
Mr. Arriola: Well, I also want --
Commissioner Regalado: Hold on to your seats; you ain't seen nothing yet.
Chairman Winton: Right.
Mr. Arriola: -- to advise you that he's an expert Judo (UNINTELLIGIBLE) downer, or
something like that, so in case you want to mess with him.
Commissioner Regalado: Is that a threat? That's what you said the other day.
Vice Chairman Teele: Welcome to Miami.
Chairman Winton: Welcome --
Mr. Grimes: Thank you.
Chairman Winton: --welcome, welcome.
28. ACCEPT RECOMMENDATION OF MANAGER TO APPROVE FINDINGS OF
EVALUATION COMMITTEE AND AUTHORIZE CITY TO EXECUTE PROFESSIONAL
SERVICES AGREEMENT WITH KPMG, LLP TO PROVIDE EXTERNAL AUDITING
SERVICES FOR CITY, PURSUANT TO RFP 02-03-180.
DIRECT MANAGER TO WRITE TO CITY'S BOND AGENCY REQUESTING
WRITTEN RESPONSE AS TO WHETHER OR NOT CITY'S BOND RATING WOULD BE
AFFECTED IF CITY IMPLEMENTS ROTATING POLICY OF ITS EXTERNAL
AUDITORS; REQUEST ADMINISTRATION FIND OUT WHAT AUDITING FIRMS
WITHIN STATE OF FLORIDA CAN AND CANNOT PROVIDE AUDITING SERVICES
FOR CITY AND HOW CITY'S BOND RATING COULD BE AFFECTED BY SAID
AUDITING SERVICES.
Chairman Winton: Now, next item, 24A. Who's bringing this up?
Vice Chairman Teele: So moved, Mr. Chairman.
Chairman Winton: It's the --
Commissioner Gonzalez: Second.
Vice Chairman Teele: This is on the external auditor services?
Chairman Winton: This is external auditor. 24A, external auditor. We have a motion. We need
a second before discussion.
Vice Chairman Teele: Second is by Commissioner Gonzalez.
78 September 25, 2003
Chairman Winton: It is? Did you? OK, thank you.
Commissioner Sanchez: Discussion --
Chairman Winton: OK, discussion. Yes, sir.
Commissioner Sanchez: -- Mr. Chairman. Mr. Chairman, this item -- at the last Commission
meeting, I opened up a healthy debate on the discussion as to creating a rotation policy on
external auditors as other governmental entities do, such as Dade County and Broward. Let me
just stipulate for the record: It has nothing to do with KPMG (Klynveld, Peat, Marwick,
Goerdeler), which I consider to be one of the best firms in providing that type of service in
governmental entities. However, what this does is it strengthens the financial integrity ordinance
of the City of Miami, and the reason why it basically protects the City as it has protected other
cities in creating situations, such as Enron and in our case, as before with Deloitte and Touche
that provided service for us for about 13 years and we end -- you know how we ended up with
that one. What this does is basically, it allows us for five years to basically every five year rotate
the external auditor, which I consider to be a good practice, to assure that there's no cozy up or
friendship or favoritism between the providers and the government itself, so that was just
brought up as a discussion. When I consider what it does, is strengthens the City to make sure
that we don't ever end up in the situation that we were in. I don't have a problem with supporting
this resolution today, giving KPMG for the next three years the services, but however, I do want
to encourage the Administration and my colleagues to consider looking into creating a rotation to
assure -- now, there was some arguments that made valid -- valid arguments. One was the cost,
and let me just elaborate a little bit on that. On the cost, I disagree -- respectfully disagree
because it gives the opportunity -- the right to negotiate a pricing. The other concern that they
had was that it would interfere or that it would basically harm our bonding rates through SEC
(Security Exchange Commission), and I quite don't -- I disagree with that, too, because basically
other entities are doing it, and today's environment we're having a lot of financial institutes that
are making changes. Now, one of the things that I wanted to have and get -- and I will make a
motion -- is to have the Administration, through the Finance, prepare a written response from the
SEC to ensure that if we do change our -- or we do go into the system of rotating auditors, it does
not affect our bond rating, which is something that I could -- you know, we all need to take into
consideration, but basically, what this does is basically strengthens our financial integrity
ordinance to assure that every five years we would rotate and have another external auditor come
in and look at our books. That's all that it does. I'm prepared now to vote the resolution, and
once we do that, then I'll make the appropriate motion, which I just did, to have the City come
back with a response -- a letter response to the bond agency to see if they have a problem with us
changing or going into this system, so Mr. Chairman.
Chairman Winton: And I have another issue, and senility here creeps in, so I forget if I had this
discussion with any of you all or not, but I believe we heard that there's only two of the big --
what is it, big four now? So instead of big eight, we're a big four, and only two of those do
municipal government work or municipal government audits, is that correct?
Scott Simpson: Scott Simpson, Finance Department. That is correct for the state of Florida.
79 September 25, 2003
Chairman Winton: For the state of Florida, OK, and that in particular, puts us in a terrible
position, so the question I have -- and maybe I did ask it and y'all answered it, or you were going
to go do research and I've forgotten, but it seems to me that we need to find out -- we can't be the
only state in the country with this dilemma, where there's only two of the four that will do
government audits, and if that's the case, it seems to me that there must be some really good,
strong regional accounting firms that are getting government audit work that isn't damaging their
bonding ratings on Wall Street because they've still got strong audit teams doing government.
Have y'all looked -- so, that's really a question. Have you looked into this issue to determine
what other municipal governments are doing around the country in the face of this ever -shrinking
pool of people doing our work?
Joe Arriola (City Manager): We're looking.
Mr. Simpson: We started inquiring of the large municipalities, what their policies are, when they
were implemented, how they're dealing with the issue. We've also had preliminary contract with
the rating agencies to talk to them about this change and how that would impact us. A change in
auditor is not a cursory to an automatic downgrading of your rating or sending a red flag, but
what does happen is if you start changing auditors very frequently and you change auditors as a
consequence of increasing number of management letter comments --
Chairman Winton: Right, right, right.
Mr. Simpson: -- and those kind of things, that is a precursor for a red flag, so we are doing those
things and we prepared -- the response.
Commissioner Sanchez: But Mr. Chairman, the question was not answered. Yes, there are other
entities that could provide the services --
Chairman Winton: Yeah. That question wasn't answered at all.
Commissioner Sanchez: -- for governmental.
Mr. Simpson: Yeah.
Commissioner Sanchez: The question is for the Administration to contact SEC and contact the
bonding agency and get a response from them, would it affect their bond rating if we do. You
know, they started with the top six or seven. Of course, we know what happened under Arthur
Anderson. We know what happened to Deloitte and Touche, and then the rest just ate up each
other in a monopoly and now we're based with two big firms --
Chairman Winton: So --
Commissioner Sanchez: -- you know.
Chairman Winton: Well, I'm not in favor of doing a three-year extension on this. I would --
80 September 25, 2003
Commissioner Sanchez: Well --
Chairman Winton: -- rather do a one-year extension and give y'all time to get your homework
done in a managed fashion, and we can make --
Commissioner Sanchez: Well --
Chairman Winton: -- the decision to do a three-year --
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: -- contract with somebody a year from now.
Commissioner Sanchez: I was prepared to do that. Unfortunately, I did not think I had the votes
Chairman Winton: Well, maybe we don't --
Commissioner Sanchez: -- for that.
Chairman Winton: -- but you've got -- there's two.
Commissioner Sanchez: -- but let me just say that I have been in many situations here where it
has been a 4/1. Mr. Chairman, they -- I have been the 4/1, and just to answer, they've been here
for -- since 1996; they're going on their 13th year, which is fine. KPMG is a great organization.
I have nothing against them, but it just sets the record as to the last agency that provided us the
service that were here for "X" amount of numbers and the same numbers, where you just cozy up
and, you know, it's favoritism, and you look the other way, and there are other issues that I have
done research on that basically -- you know, this strengthens the City to make sure that we don't
ever end up in another situation like that embarrassment situation as Deloitte and Touche. I had
the opportunity to sit down with KPMG. They made great arguments. They're a great firm with
a lot of minority representation. They switch firms that do it every so many years, and it's
perfectly fine, but all this does is it allows us the opportunity to every "X" amount of years bring
in a new face, bring in a new agency that maybe will be asking more questions and maybe
looking at our finances a little -- more in-depth or more aggressive than the company that's
providing now, so at the end of the day, the best interest that I represent here is the City, not any
other agency that provides auditing, not KPMG, or any of the other big six, or two surviving,
now the monopolize the whole system, or any local firm that may be capable of serving, so
there's going to be barguments [sic] on both sides, but to address the three issues or the three
questions that were valid concerns. I have addressed them. One is that the cost, the cost is
negotiated by the City, so that is not a concern. The other is, does it affect their bond rating?
Well, we need to find out by writing a letter and getting it back. If it does -- and if it does affect
the bond raising [sic], well, I'm prepared to pull back and not accept it.
Chairman Winton: Right, right.
81 September 25, 2003
Commissioner Sanchez: However, that is once we vote on this -- and you know what? Let them
have the three years, you know. We'll bring back the ordinance and -- the financial integrity
ordinance and amend it to make sure that after that, we go into that system. At that time, we'll
have the appropriate corresponse [sic] from the bond agency to make sure that it doesn't
jeopardize. I'll just state for the record that if you look at all the major companies nowadays, the
environment out there is that a lot of them are changing from one to the other to protect
themselves because all the scandals that have gone forth at the end. At the end of the day, who
do we protect? We protect the best interest of the City of Miami and the City's employees
because of course, they've got their pension running -- riding on this, so that's -- you know, that's
the beauty of us being legislators up here, that we will address these issues for the betterment of
the City.
Chairman Winton: Well, I'm going to ask for a modification, to make this a one-year contract as
opposed to a three-year contract and let y'all come back with --
Commissioner Sanchez: Well, I think that if you --
Chairman Winton: -- a whole round of recommendations a year from now.
Commissioner Sanchez: -- pass the gavel -- well, the motion is there to approve it, so now we
have to vote it down. That's the motion that's out there.
Vice Chairman Teele: No. You can amend --
Chairman Winton: No, no. We can --
Vice Chairman Teele: -- the --
Chairman Winton: I'm --
Commissioner Sanchez: You can amend?
Chairman Winton: -- asking for an amendment to the motion.
Commissioner Sanchez: Who was the maker of the motion?
Vice Chairman Teele: I did.
Commissioner Sanchez: OK.
Vice Chairman Teele: I'll accept the amendment.
Commissioner Sanchez: Accept the amendment for a one-year --
82 September 25, 2003
Chairman Winton: For one year, and it comes back and we make a well-informed -- I don't
know.
Commissioner Gonzalez: Second.
Chairman Winton: Who made the second on that? You did? So we have a motion and a second
-- an amended motion and a second. Do we have any further discussion on this item? Being
none, all in favor, "aye."
The Commission (Collectively): Aye.
Commissioner Sanchez: Mr. Chairman, I have one --
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-1042
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S
RECOMMENDATION TO APPROVE THE FINDINGS OF THE
EVALUATION COMMITTEE PURSUANT TO REQUEST FOR PROPOSALS
NO. 02-03-180, THAT THE MOST QUALIFIED FIRM TO PROVIDE
EXTERNAL AUDITING SERVICES FOR THE CITY OF MIAMI IS KPMG,
LLP, ("KPMG") THE TOP-RANKED FIRM; AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH KPMG FOR A ONE-
YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $320,000;
ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.260201.6.280.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Mr. Chairman, I have one motion to make, and that is to have the
executive director, through the Finance Department, write letter to bond agency to -- with a
83 September 25, 2003
written response back that if we were to implement a rotation policy on our external auditor,
would it affect our bond rating, so moved.
Vice Chairman Teele: You need to provide a little bit more definition, because you need to say -
- are you talking about just a rotation among any law firms or among a certain class of law
firms?
Chairman Winton: Accounting firms.
Mr. Arriola: Accounting firms.
Commissioner Sanchez: Well, right now there's basically two that you're stating that could do
the service. However, three bidded --
Vice Chairman Teele: No, no, no, no. There's a hundred firms that could do the service. We've
limited ourselves to big seven -type firms.
Commissioner Sanchez: Well, there's no such thing as big seven, Commissioner Teele.
Vice Chairman Teele: I understand. It's down to seven to five to three to two.
Commissioner Sanchez: To two.
Vice Chairman Teele: That's what I said, so -- but we've limited ourselves to --
Chairman Winton: To that.
Vice Chairman Teele: -- that category of firms.
Commissioner Sanchez: And there are --
Vice Chairman Teele: There are regional firms. There are --
Commissioner Sanchez: -- other -- the Administration can select the names of whoever they
want, and -- which provide governmental assistance and external auditing and put those names
forward. I mean, they --
Vice Chairman Teele: But, Joe, all that I'm saying is that I'm not going to support for the largest
city in the state to go to regional firms at this point. In other words, right now, for the last 20
years or so, we've had national firms, is that correct?
Mr. Simpson: Yes, sir.
Vice Chairman Teele: OK. If the move is to go to regional firms, then we need to -- because the
question that is going to be proffered is a question that needs to determine rotation among what
size firms or what type firms. The answer could be very well different.
84 September 25, 2003
Chairman Winton: Right, and see I think, Joe, that the direction we ought to give them is the
direction to go and do all the homework, where they're going to figure out what firms can and
can't do, what Wall Street will accept and what Wall Street won't accept, which was the whole
reason why I have voted on this extension only being one year so they have a full year to go out
and figure all of that out and bring back their recommendations to us in terms of how they would
like us to move forward. That's -- that was the whole purpose of making this a one-year thing.
Commissioner Sanchez: But Commissioner Teele, when you say national firms, you're basically
just limiting yourself to two.
Chairman Winton: No, no, he's -- but he's saying at this moment --
Vice Chairman Teele: I'm not saying anything.
Chairman Winton: Right.
Vice Chairman Teele: All I'm saying --
Commissioner Sanchez: Well, you are saying --
Vice Chairman Teele: -- is you've got --
Commissioner Sanchez: -- you're limiting yourself to two.
Vice Chairman Teele: -- to define the question.
Chairman Winton: Yeah. He isn't saying -- he's saying that based on the information he has in
front of him today, that's all he would do. That's all he's saying, and we're saying let's go do all
the homework, which he's also in favor of, figure out what we can do and can't do, what Wall
Street will accept, what Wall Street won't accept, and we will be armed with real information that
may change his mind at some point down the road. It may not. May not change my mind. May
not change your mind, but we will at least be armed with the information --
Commissioner Sanchez: Well, I'm --
Chairman Winton: -- which is what you're saying, correct --
Commissioner Sanchez: -- open for suggestions.
Chairman Winton: -- Commissioner Teele?
Vice Chairman Teele: But if you go back to the previous discussion -- and I --
Commissioner Regalado: Art, could you -- ? I just want to say --
85 September 25, 2003
Vice Chairman Teele: I'll be happy to yield.
Chairman Winton: Yes, sir.
Commissioner Regalado: I'm -- I got to leave. I just want to ask if you all going to do anything
with the Solid Waste role in the Grand Prix, I'd like to be here for that discussion because I see
some of the --
Chairman Winton: Well, that's not going to happen until after lunch.
Commissioner Regalado: OK. Thank you.
Chairman Winton: But we're going to all adjourn because we need to -- there's a little
something, Commissioner Regalado, we want you -- and we'll be back at 3?
Commissioner Regalado: I can't because I still make 5,000 a year and I got to go --
Chairman Winton: No, but we need --
Vice Chairman Teele: 3 o'clock?
Chairman Winton: -- you two minutes back here in the back.
Commissioner Sanchez: Well, Mr. Chairman, with all due respect, you're not going to adjourn
right now with this discussion on the table. I mean, that's --
Chairman Winton: OK, we'll do it in the afternoon, fine.
Commissioner Sanchez: -- disrespectful to --
Chairman Winton: Well, the discussion's done. I mean, what else you guys want to talk about?
We've beat this horse to death.
Vice Chairman Teele: He's got a motion.
Commissioner Sanchez: And that motion is to have the director, through the Finance
Department, come back with a response from the bonding agency saying that if we were to
change bond -- change -- implement a policy to rotate the external auditors, would it affect our
bond rating. That's one. They could also come back with a list of, you know, agencies that
provide that type of service, so move.
Chairman Winton: But make it -- that broader. Just say the Administration needs to figure out
what agencies within the state of Florida are qualified to do this and then get whatever approvals
they need to get from our rating agencies to make sure that that list of people won't impact our
bond rating.
86 September 25, 2003
Commissioner Sanchez: That's --
Chairman Winton: That's what you're looking for, right?
Commissioner Sanchez: -- the motion that I was --
Chairman Winton: OK.
Commissioner Sanchez: -- presented.
Chairman Winton: We have a motion. Second.
Commissioner Gonzalez: 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 motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 03 -1043
A MOTION DIRECTING THE CITY MANAGER TO WRITE TO THE CITY'S
BOND AGENCY REQUESTING A WRITTEN RESPONSE AS TO WHETHER
OR NOT THE CITY'S BOND RATING WOULD BE AFFECTED IF THE
CITY IMPLEMENTS A ROTATING POLICY OF ITS EXTERNAL
AUDITORS; FURTHER REQUESTING THE ADMINISTRATION FIND OUT
WHAT AUDITING FIRMS WITHIN THE STATE OF FLORIDA CAN AND
CANNOT PROVIDE AUDITING SERVICES FOR THE CITY OF MIAMI
AND HOW THE CITY'S BOND RATING COULD BE AFFECTED BY SAID
AUDITING SERVICES; FURTHER DIRECTING THE MANAGER TO COME
BACK WITH A RECOMMENDATION ON THIS MATTER.
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
87 September 25, 2003
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: We want to go, but in light of the discussion that we're having and in light
of the previous discussion, I'm at a loss to understand why the other firm isn't in the rotation right
now for the other agencies, especially Off -Street Parking, MSEA (Miami Sports & Exhibition
Authority). There is an inherent conflict --
Chairman Winton: And --
Vice Chairman Teele: -- with the main firm auditing, for example, the Model Cities Trust, et
cetera, and I think --
Chairman Winton: -- the CRA (Community Redevelopment Agency).
Vice Chairman Teele: -- that that discussion needs to come up in the next 30 days to give you all
some time to look at this, because I am not comfortable with the external auditor auditing firms
for which the City maintains the books for -- auditing inde -- (UNINTELLIGIBLE) our
independent firms.
Chairman Winton: Agreed. OK. Got that? OK. Thank you.
Vice Chairman Teele: Move that we recess until 3 p.m.
Commissioner Gonzalez: No, no. We need Commissioner Regalado --
Chairman Winton: Yeah. We only wanted him for something in the back room here, a little
surprise, but we might as well --
Alejandro Vilarello (City Attorney): Mr. Chairman, before you recess, for the record, I just --
Mr. Chairman, if I may, note that the representatives of KPMG have agreed to the one-year
extension versus the three.
Chairman Winton: I'm sorry?
Mr. Vilarello: I just wanted to note for the record that the representatives from KPMG have
agreed to the one-year extension versus the three. Just wanted to note that for the record.
Chairman Winton: Well, I don't think I want to know that. I think that's -- we've set the policy.
They need to go and figure out if they can do that. I don't need to hear that today.
Mr. Vilarello: Concurrence from the other party to the contract noted on the record.
Chairman Winton: There's no contract -- is there a contract signed?
88 September 25, 2003
Mr. Vilarello: There will be one with a one-year term.
Chairman Winton: You -- I don't --
Mr. Vilarello: I think you misunderstand me, Mr. Chairman. It is important when two parties
contract, when the -- the contract that was before you was for a three-year term. This City
Commission limited that. I just wanted to simply note that KPMG has agreed to what you've
changed.
Vice Chairman Teele: That requires no action.
Mr. Vilarello: It requires no action.
Vice Chairman Teele: They've been great and they're saying we'll agree to what you all just
discussed.
Mr. Vilarello: Yes, sir. Yes.
Chairman Winton: Or maybe not, so --
Mr. Vilarello: Requires no City Commission action.
Chairman Winton: -- if you want them to let us know right now, that's fine. I didn't -- I don't
feel --
Mr. Vilarello: Just did on their behalf.
Chairman Winton: -- any compelling reason to hear that answer right this minute, by the way.
You know, that may be something they need to sleep on. If they're prepared to answer now, I'm
prepared to hear the answer.
Mr. Vilarello: I just represented to you that they have, in fact, agreed, so --
Chairman Winton: Oh, OK.
Mr. Vilarello: -- there's nothing else --
Chairman Winton: I didn't --
Mr. Vilarello: -- that you need to do on this one.
Chairman Winton: I thought you were asking if they were --
Mr. Vilarello: No, sir.
89 September 25, 2003
Chairman Winton: I didn't understand you at all. My apologies, Alex. I got it. Thank you. OK.
29. PRESENTATION CONCERNING POSSIBLE DEVELOPMENT OF VARIETY OF
WATER THEME PARKS AS PART OF CITY'S PARKS SYSTEM FOR NEAR FUTURE.
Chairman Winton: OK. What do we -- Angel, what are we doing?
Vice Chairman Teele: Three o'clock.
Chairman Winton: You want to keep going?
Commissioner Gonzalez: (UNINTELLIGIBLE) do (UNINTELLIGIBLE).
Chairman Winton: Let do a few more items. We've got ten more minutes.
Joe Arriola (City Manager): Well, Commissioner, we had invited some folks for the Water Park
presentation, and --
Chairman Winton: So, you want us to adjourn now, is that what you're saying?
Mr. Arriola: One of the --
Chairman Winton: Oh, you want a presentation?
Mr. Arriola: -- principals was going back to California.
Chairman Winton: What item is it?
Vice Chairman Teele: You want to give that presentation?
Chairman Winton: 25? Item 25?
Mr. Arriola: I think it's --
Chairman Winton: Item 25.
Mr. Arriola: -- Item 25. And if that could be possible --
Chairman Winton: Item 25.
Mr. Arriola: They flew in -- OK, good. Item 25 . Get ready, please.
Santiago Corrada (Director, Parks & Recreation): Good morning again. Thank you,
Commissioners, staff for listening to us. As you witnessed this morning, we're in the midst of a
renaissance in the Parks Department --
90 September 25, 2003
Chairman Winton: Hold on. Excuse me. Could we have order in here, please? Excuse me.
Vice Chairman Teele: Your name.
Chairman Winton: Excuse me. Anyone who wants to talk in the chambers, please -- ladies,
ladies, ladies, please, please. Thank you. We're still carrying on a meeting here. Santiago.
Mr. Corrada: Good morning again. Santiago Corrada, Director of Parks Recreation with the
City. As you witnessed this morning, we are in the process of looking at different things in the
Parks Department. One area that we're looking at is providing water -related theme park
activities in our parks, and there is only one major family water park between Key West and
Orlando, and that park resides in West Palm Beach. We're ready to inaugurate a small splash
park very, very soon in Clemente Park, and we wanted to present to the Commissioners the
possibilities that exist out there for creating what we call Small Splash Parks or a Major Family
Water Park in one of our parks, and we have with us this morning -- and he's trying to get set up
here very, very quickly -- Scott Khron with Contract Connection. He is a City vendor. He's on a
Miami -Dade County contract, and he has a team with him this morning that has flown in to
present to us all of the possibilities that are out there for these water -related theme parks, and I'll
turn it over to Scott.
Scott Khron: Good morning. Here we go.
Vice Chairman Teele: Go right ahead, sir.
Mr. Khron: OK. Thank you. I'm waiting for the AN (audio/visual) to pop up. As Mr. Corrada
has said, I'm Scott Khron with Contract Connection. We're a vendor currently doing business
with the City of Miami in the Parks Department with various different scopes of work from
playgrounds and shelters, and as he also mentioned, we are in the process of finishing
construction on a small water park. What do I hit? Sorry. While we're getting the technical
things, I'll keep talking.
Vice Chairman Teele: Is the GSA (General Services Administration) Director in the room?
Mr. Khron: Here we go. May I continue or --
Vice Chairman Teele: Mr. Manager, one of the things that's going to come up in the budget is
this relationship between facilities management, function over at GSA and the Parks Department,
and that's really got to be strengthened as a part -- an ongoing thing, so any time there's a Parks
discussion about facilities, I hope that the GSA Director at least is available to witness it. He's
here. He just came in. We've technically lost a quorum, Mr. -- all right. We have the quorum.
Go right ahead, sir. Commissioner Winton's coming on back.
Mr. Khron: Good afternoon. Once again, my name is Scott Khron. I'm with Contract
Connection, current vendor with the City on various park projects. Currently, we're constructing
a small-scale aquatic facility splash pad over at Roberto Clemente Park, which should be
complete by the end of next month. We were approached by the City to present concept of what
91 September 25, 2003
the City could possibly present to its residents in the form of a water park, and we have
assembled a --
Chairman Winton: Excuse me. Just tell me quickly, how long is this presentation?
Unidentified Speaker: Around fifteen minutes.
Chairman Winton: It needs to be ten.
Vice Chairman Teel: Talk fast.
Mr. Khron: OK. Well, we'll move it. I'll bring on probably one of the principals of my design
team -- OK. (Unintelligible) Collaborative. This is Doug Whiteaker.
Doug Whiteaker: Hello, everyone. I'm Doug Whiteaker, the Senior Principal of Design for
Aquatic Facilities. Now, one of the things that a lot of communities are doing throughout the
country is developing these aquatic parks for the community, because they have a lot to offer for
the youth of all ages, interests and abilities, and you can see there's all sorts of different things
that we've worked in family aquatic parks for communities, resorts. We have offices in Orlando,
Denver, Beijing, Tokyo and Cairo, but some of the unique things that I want to distinguish, a
family community aquatic park from a water park, and the fact that it's really based on the price
of admission. You know, there's a lot of good, local examples of water parks, like Wet and Wild
in Orlando, or some of the Disney things, and those people feel like -- but the leisure parks are
like what you're seeing on the screen right now. They're hugely popular. They're not quite as
large as a water park, and the admission fees are much more affordable for day-to-day and
weekly -type use, but they have a lot of the same types of compatible features. You know, like
the water guides, is it appeals to the youth of all ages. You know, they're fun to sit in. You
know, the small little geysers, the zero -depth entries. You know, that allows a nice way for
people to come in and find the water depth is right for them, and living in Florida, one of the neat
things about it is, we want to provide a place for the children to learn how to swim safely and
these water -type features allow that interactive process to be able to enjoy the water. They want
to come and are able to have fun, and then they want to learn how to swim so they can get into
the deeper water, as opposed to some of the other types of pools or shallowest waters, three or
four feet. You can see these types of interactive play features. We're in the generational mode,
where kids and people, when they come to these facilities, they have to have a diversity of things
to do, so because families have a lot of different age groups, there's a lot of different activities
that take place in these parks in order to respond to the different age groups, so that there's
something for everybody, and you know, the youth of, you know, toddlers and that age group is
very easy to appeal to, but one of the harder ones is the teenagers, and so we try to do things that
appeal to teenagers, and even mature adults, like people that have arthritis can come to these
facilities and use the lazy rivers. That also appeals to teenagers, some of the slides and
interactive play features really have a broad sense of appeal. We've talked about the splash pads.
You know, those are basically waterless water parks, where there's really no standing water.
There's just the splash pads, where there's water that rises out of the pavement, so a lot of these
types of facilities can be operated with minimal staffing, and so that we -- you know, has a lot of
opportunity for recapturing the operational costs. You know, one of the things is, these types of
92 September 25, 2003
facilities also are very attractive to people with disabilities. They can go, whether it's a parent or
a child. There's a lot of different concepts that can be brought forth in this process. One of the
main cornerstones of a water park is water slides, and one of the major ways to make that water
slide even more appealing is to have multiple slides coming off the same tower. No one likes to
stand in line, so what they like to do is be able to get up through the line as quickly as possible
and have a diversity of rides each time they come down, so that's one of the things that we see as
kind of missing here in the area is water slides. We don't see a lot of water slides. One of the
newest types of slides is the bowl slide, where you actually slide down a flume, enter into the
bowl and you spin around it and then you drop into a pool, which is a lot of fun. The zero depth
entry splash pads. You know, these are the types of parks -- components that you're putting in
like the Robert Clemente Park, you know, with zero depth entries. You know, there's a huge
diversity of the types of slides, and that's one of things that would have to be determined in the
programming phase. Exactly what slide is going to appeal to the community the best? One of
the things you can do, a lot of theming in these facilities to, you know, tie into the different types
of environments in which the park is set. Lazy rivers, I mentioned earlier. These are hugely
popular to not only kids, but parents and also mature adults. As you can see, there's a lot of
different diversities in how they integrate into the park. You know, the floatable walks are some
of the fun things that kids enjoy doing. It really helps with their hand/eye coordination. You can
theme them with little different types of, you know, alligators or timber or something like that.
The spray grounds or splash pads that you're familiar with, like Robert Clemente. You know,
there's a lot of diversity with the soft pads, the surfaces that can be used instill a lot of
excitement, so one of the things that's very important in designing a water park is making sure it
meets the City's goals, and oftentimes that is making sure that, you know, we have affordable
prices that can be appealing to the neighborhood for a time and time to come to it, but also, most
communities nowadays do not want to get into a subsidy rate. They want these facilities to be
self-sustaining and actually return money back to the community so they can add unique features
and, you know, possibly even help support some other park developments in other places, so
these are just kind of some of the things that can be done, and we're kind of -- you know, I'm
trying to be respectful of everyone's time here today and the Commissioners' time, so I guess
that's the --
Mr. Arriola: If you can show quickly the -- hopefully, we could be, if Commissioner Gonzalez
allows us to be, the first water park, what it would look -- how you would kind of put it in there,
just roughly so he would get an idea, we would appreciate it. Do you think you could do that?
There you go. Commissioner, this is your -- what is existing now, an area that is basically not
used, to a great extent, what a water park would bring you. What you would be looking in here
is a park, that we could build a major park in this area that will be not only self-sustaining, but it
will create a little extra revenue for us. It all depends what you want, but we're talking, if were to
charge in the five dollar range or --
Chairman Winton: (INAUDIBLE) what?
Mr. Arriola: Five dollar range, you could still give the residents a break if they -- on a car basis.
We would probably cover about 135 percent of our expenses.
(INAUDIBLE COMMENTS)
93 September 25, 2003
Mr. Arriola: Yes, absolutely, I have a (INAUDIBLE), but then what you would end up
comparing to other water parks that charge in the 25 to $30 range, so this will be a really, really
great thing for our theme parks, and also, the other thing that I wanted you all to look at this
thing is that in our existing park, where we won't have to do a huge water theme, like we would
like to do in Grapeland, but we could put water components that would make our parks a lot
more attractive with small components of water theme, and this park would not -- we would not
charge. It would just be a -- kind of part of the amenities that we give in our parks, and I just
wanted to give you an idea where Mr. Corrada is heading, and with your support, we would like
to go forward on this thing and, you know, carry our vision of what we would like to see our
parks become.
Commissioner Gonzalez: Sure. I have been through three or four of these presentations and
from different vendors and different people that are proposing this type of park, and what I want
to make sure is that this park is a first quality type of park; that it be something that can make the
entire City of Miami proud of this park, and that it be a point of destination to visitors, tourists.
This is going to be -- if it goes in Grapeland, it's going to be next to the airport. It's going to be
next to 836. The amount of people that will go by this park and see this park would be
incredible, and I think it would be something that will be very, very positive for our City and for
the image of our City, for the kids of our City and even for the parents, that they would have a
destination where to go and spend a day and enjoy, you know, part of their lives, so yeah, I'm in
total support of the project, and I hope that I have the support of my colleagues in the
Commission in order to move this project forward and have another successful story of the City
of Miami. Thank you.
Mr. Corrada: Thank you.
Chairman Winton: OK. Yes, sir.
Mr. Arriola: Thank you, Commissioners.
Commissioner Gonzalez: To take an action from the Commission or -- no?
Chairman Winton: OK, so any -- we're done? OK. We'll be back at three?
Vice Chairman Teele: Three o'clock.
Mr. Arriola: Thank you for --
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:04 P.M. AND
RECONVENED AT 3:40 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT, EXCEPT COMMISSIONER SANCHEZ.
94 September 25, 2003
30. AUTHORIZE TRANSFER OF 29TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM FUNDS, $53,960, IN PUBLIC SERVICES CATEGORY FROM
DISTRICT 5 PRIORITY RESERVE TO HAITIAN AMERICAN FOUNDATION, INC., FOR
PUBLIC SERVICES ACTIVITIES IN 29TH PROGRAM YEAR BEGINNING OCTOBER 1,
2003.
Chairman Winton: (INAUDIBLE) and I would like to apologize to all of you in the public who
have -- you know, we're almost -- what are we? -- 40 minutes late reconvening, but we had a
great opportunity to showcase the City of Miami. We had the president of Spain, Jose Maria
Aznar in town, and the City of Miami was the host for a luncheon session with the president, and
he just is a great guy; thinks that the City of Miami is absolutely on fire. He's very excited about
all the things we have going on in our city, and has committed to working very closely with the
City of Miami the terms of economic development between his country of Spain and our City of
Miami, so that's the reason we're all late, and my apologies for holding you all up. That said, I
think we had a time certain of 3 p.m. for Items 11 and 12. Barbara, CDBG (Community
Development Block Grant).
Barbara Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. Item
11, what it does, in June 24, when we approved the 29th Year Community Development Block
Grant funds, there were $53,960 reserved for District 5. Eight proposals were submitted; one is
being recommended, which is the Haitian American Foundation.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir. I'm sorry. Yes, sir. Commissioner Teele.
Vice Chairman Teele: I want to have the public hearing, and I want to move this for discussion.
Chairman Winton: OK. Item 20 -- Item --
Vice Chairman Teele: 11.
Chairman Winton: -- Item 20 -- Item 11 is a public hearing. Anyone from the public would like
to speak on Item number 11? Anyone from the public on Item 11? Being none, we'll close the
public hearing. Commissioner Teele.
Vice Chairman Teele: So move.
Chairman Winton: We have a motion. Need a second on Item 11.
Commissioner Sanchez: Second.
Commissioner Gonzalez: Second.
Chairman Winton: Second.
95 September 25, 2003
Vice Chairman Teele: Discussion.
Chairman Winton: Discussion.
Vice Chairman Teele: I want to put on the record that Ms. Ayers, Ms. Georgia Ayers, who is a
long-time resident, is extremely upset with me and the City and me and the Department, because
they were not funded. She felt that she should have been funded in the District 5 reserve because
what we did is we tried to reserve dollars for those organizations that had not been funded that
had been previously funded. I think everybody knows Ms. Ayers works closely with the court
system, and in that regard, she's very instrumental in helping young men and women redeem
their lives; that have had concerns with the criminal justice system. She indicated that she's in
Washington at the Congressional Black Caucus meeting and would like to speak against the
proposal. She doesn't want to stage a full protest, but she wants the Commission -- I assured her
that I would put her concerns on the record and I'm trying to do that as fairly as I can. Now, Ms.
Ayers, did she apply?
Ms. Gomez -Rodriguez: She did not apply for this request for proposal.
Vice Chairman Teele: But she says that she did not get notice. Now, is there anybody here from
Ms. Ayers' organization? Now, candidly and technically, you all were supposed to come
forward. Mr. Chairman, if you would allow them, any of them that want to come forward,
because the essence of the federal funds is that we're supposed to hear from anyone in the public
before we make this. It's my intent to move forward with it. Your name --
Linda Payne: Hi.
Vice Chairman Teele: -- and address for the record.
Ms. Payne: My name is Linda Payne and I'm a fiscal officer with the Alternative Program, and
the fiscal -- I mean, the Alternative Program address is 151 Northwest 60th Street, Miami,
Florida 33127.
Vice Chairman Teele: Why didn't you all apply?
Ms. Payne: We did.
Vice Chairman Teele: Is that for the first round? OK.
Ms. Gomez -Rodriguez: She did not apply on this reserve. They did apply on the original RFP
(Request for Proposals) the Department of Community awarded June 24.
Vice Chairman Teele: All right. Let me tell you what I would like to do, as I would like to
amend the motion that I have before and to establish the Alternative Program as a reserves
program in the event any funds become available from public services in District 5 or anywhere
throughout the city that they will be considered, but for District 5. Let me just say for District 5,
and that if any funds become available, they will be given the priority for that. I have great
96 September 25, 2003
concerns about an organization that has existed long before I was elected to office that has been
serving the community not getting funded, but again, we can't fund you if you didn't apply, and
in the original application, ma'am, just so that it's real clear, you applied; you were not
recommended for funding. In the supplemental application, which was only for those
organizations that had previously been funded; you didn't, and so I think that's probably the only
Solomonic decision, the decision of Solomon. The other issue, just so that we're here, how much
money -- ? Have they expended all of their money from last year?
Ms. Gomez -Rodriguez: I don't have that information in front of me. I can find out for you and
let you know.
Vice Chairman Teele: But the organization that we are funding now --
Ms. Gomez -Rodriguez: What she claims is that they have -- they got approximately $47,000 and
they have.
Ms. Payne: No. This is the last month, so that --
Ms. Gomez -Rodriguez: Right.
Ms. Payne: -- 47,000 is gone.
Vice Chairman Teele: You spent all of that.
Ms. Gomez -Rodriguez: Right, right.
Vice Chairman Teele: The organization that we're recommending for funding, which is HAFI
(Haitian American Foundation, Inc.), only expended about 30 percent of their money last year, is
that correct?
Ms. Gomez -Rodriguez: Yes.
Vice Chairman Teele: And that money we stand to lose all of it for public services if it's not
expended by the end of September.
Ms. Gomez -Rodriguez: That's correct.
Vice Chairman Teele: So HAFI needs to be on notice that we're going to be monitoring to
ensure the expenditures are in accordance with the plan and that they are fully compliant. I'm
very confident that we will be able to generate some dollars for the Alternative analysis over the
year, but I know this doesn't help anybody in terms of their salary or their job or their car notes
or house notes, and those kinds of things, which really troubles me. I'm going to be appealing to
my colleague, who appears not to have an opponent --
Chairman Winton: Well, there's two of them.
97 September 25, 2003
Vice Chairman Teele: I'm going to be appealing to my colleague that does not have an opponent
to allow him to -- I'm speaking now of Commissioner Regalado -- to see if Ms. Ayers can come
and talk to him and explain what her program is all about, and maybe there -- we can generate
some dollars right away.
Ms. Payne: Commissioner Teele, I have a handout that shows or talks about what our program is
about, and it also has statistics on the ethnicity of the clients that we serve for the City of Miami
for the last three years, and also, the fact that we do not just serve clients in District 5; we serve
the total City of Miami. We can't go to the court system and say to them, I only want citizens in
District 5. We have to serve whoever is sent to us.
Vice Chairman Teele: All of our programs, every program that the City of Miami administers
through the CD (Community Development) program, is citywide.
Commissioner Sanchez: Citywide.
Vice Chairman Teele: Every program is citywide. The allocation for funding are based upon the
relative formula generated by district, relative, and so the funds are allocated that way, but the
service must be citywide without regard to where they live or the gender or the ethnicity or even
-- or anything else, so we understand that, and again, I am very confident. I'm going to be
throwing myself on the mercy of Commissioner Regalado and that with Ms. Ayers to see if we
can do something there and maybe during the budget process this evening, we'll take this up
again.
Chairman Winton: But Commissioner Teele, you know -- in defense of your position and the
City's position, the fact of the matter is that the amount of funding we're receiving from the
federal government keeps dropping, and so if you've got good agencies that you're already
supporting, then the only way you're going to support a new one is to take something away from
somebody that's already been supported, and so -- you know, those are tough, tough decisions,
and it isn't that no one here doesn't have a great deal of respect for y'all's organization, but the
hard, cold, cruel facts are that in order to give you one dollar, we got to take a dollar away from
somebody that also has been doing a good job. Now, we also try to do some significant
reevaluation of services that all these agencies are providing, and I can tell you that I think all of
us have defunded some of our organizations since we've been here, all of us, and then when
somebody gets defunded, there's an opportunity for somebody new to come in, but the battle
we've been fighting more often than not is that because the funding is being reduced, if we
defund somebody, we're just trying to play catch-up with the guys that are still doing a good job
that we've been funding, so it's a -- as Commissioner Teele said one time when I first got elected,
we do a real good job of providing everybody just enough money to fail, and that's a powerful
statement, and we're working real hard today and it's very hard because when we do this next
step that I'm going to describe to you, somebody gets told no. What we're trying to do is make
sure we give those organizations that we're going to really -- that were -- that have been doing a
really good job, giving them enough money to succeed. If you give organizations enough money
to succeed, somebody doesn't get anything. That's -- and I'm just telling you so you understand.
Ms. Payne: I understand.
98 September 25, 2003
Chairman Winton: That's the awful battle that we have to go through from a public policy
standpoint and an emotional standpoint, and I hate the job, myself. I mean, it's awful, so I'm
sorry. Commissioner Regalado.
Commissioner Regalado: I know what Ms. Ayers does. I remember when she came here and
explained what the juvenile programs and the courts and all that, and she was very passionate
about -- the problem is that the criteria for the different districts have made this process a very
complicated and sometimes unfair, because you know, you said -- if you say, we have priorities
with the elderly, then you're out. That is exactly what happened to Hispanic Coalition, which
does exactly the same thing that y'all do, but in the Flagami area. They were not funded this
cycle. You know, I am willing, ready, and happy to go with my friend and colleague,
Commissioner Teele, to see the program and help in whatever way I can, in terms of campaign
donation, but I think that we should go more in the future, you know -- it is a dream. All these
campaign about eliminating poverty and all that, they are good campaigns for dreams. The
poverty is not going to go away in Miami. The problems are not going to go away in Miami.
The funding from the federal government, it's always going to be declining, so we need to be
inventive. We need to have imagination. We need to decide if we want to take on the
responsibility of doing the right thing for this program, who, in turns, does the right thing for so
many young people throughout the community, so I think that, you know, like next year -- I was
thinking, you know, when you -- when we go and campaign for some of the issues, we got two
issues that bring money to the City, the parking surcharge and the Rusty Pelican. You know, the
way to tell the people something is coming back to you is to promise, to made a commitment,
you know. One-fifth of this new revenue will be dedicated to social programs. One-fifth of
these new revenues will be dedicated to help the youth in the City of Miami. If we do that, then
a lot of people are going to say, you know, these people mean business, but I think, Mr.
Chairman, that we need to understand that poverty is not going to go away and problems are not
going to go away, and we need to prepare for next year.
Chairman Winton: OK. We have a motion --
Ms. Payne: Thank you.
Chairman Winton: Thank you. We have 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.
99 September 25, 2003
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-1044
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 29TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN
THE AMOUNT OF $53,960, IN THE PUBLIC SERVICES CATEGORY FROM
THE DISTRICT 5 PRIORITY RESERVE TO THE HAITIAN AMERICAN
FOUNDATION, INC., FOR PUBLIC SERVICES ACTIVITIES IN THE 29TH
PROGRAM YEAR BEGINNING OCTOBER 1, 2003; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR
SAID PURPOSE.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
31. AUTHORIZING DE -OBLIGATION OF 27TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
Vice Chairman Winton: Item 12, Barbara.
Barbara Rodriguez (Director, Community Development): Item 12 is de -obligating the CRA
(Community Redevelopment Agency) $102,945 from the 27th Year Community Development
Block Grant, and $379,900 from the 28th Year, and reallocating it to City of Miami Department
of Capital Improvement Projects.
Vice Chairman Teele: So moved.
Commissioner Sanchez: Second.
Chairman Winton: Motion, second.
Vice Chairman Teele: Public hearing.
100 September 25, 2003
Chairman Winton: This is a public hearing. Anyone from the public like to speak on Item
Number 12? Being none, we'll close the public hearing. Discussion? Being none, all in favor
aye.
11
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved its adoption:
RESOLUTION NO. 03-1045
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DEOBLIGATION OF 27TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT (" CDBG') PROGRAM FUNDS, IN THE AMOUNT OF $102,945,
AND CDBG 28 TH YEAR PROGRAM FUNDS, IN THE AMOUNT OF
$379,900, FOR A TOTAL AMOUNT OF $482,845 FROM THE BUDGET OF
THE COMMUNITY REDEVELOPMENT AGENCY AND THE
REALLOCATION OF SAID FUNDS TO THE BUDGET OF THE CITY OF
MIAMI DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT.
(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 Teele: Mr. Chairman.
Vice Chairman Winton: Yes, sir.
Commissioner Teele: Before we leave the Community Development. Barbara, three quick
things: Number one, I need you to go through the process of those agencies that we fund and see
if we can at least come up with 4 to $5,000 to enter into a contract with Ms. Ayers. I would hate
to start the year with no contract. There may be somebody willing to voluntarily -- like before
we got the "Y" to voluntarily give up some money. Number two, I would request that you all
meet with Ms. Ayers to see if there's something we can do from our capital improvement
account. You know, is capital improvement under the CD (Community Development) category?
101 September 25, 2003
Ms. Rodriguez: Public facilities.
Vice Chairman Teele: Under the Public Facilities, to see if we could help her make her building
more commercial so that she can generate more funds, and number three, I would like to make
sure that we don't have any money lapse under -- on September 30, all public service dollars that
have not been utilized lapse, is that correct?
Ms. Rodriguez: You did make a motion to have all money not used in District 5 to reallocate it
so that we don't lose that category status.
Commissioner Teele: Right, and I --
Ms. Rodriguez: And that is being done.
Commissioner Teele: OK. Very good. Thank you very much.
Ms. Rodriguez: You're welcome.
32. APPROVE ASSIGNMENT OF CITY COMMERCIAL SOLID WASTE
NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN CITY AND ONYX FLORIDA,
LLC, TO DISPOSALL OF SOUTH FLORIDA, INC.
Chairman Winton: OK. Mr. Manager, did -- do we need to go back to Item 8? Madam Clerk,
did we do 8? We didn't do 8, did we? So we have to go back and do 8.
Alejandro Vilarello (City Attorney): You did not act on Item 8.
Chairman Winton: Sorry?
Mr. Vilarello: You did not act on 8 Item --
Chairman Winton: OK.
Mr. Vilarello: -- so it's still pending.
Alicia Cuervo Schreiber: I'm sorry, Commissioner. Alicia Schreiber, assistant -- I mean, chief
of Operations, sorry.
Chairman Winton: You want to do Item number 8? Are y'all ready to do 8 or --
Ms. Ms. Cuervo Schreiber: Item number 8 is --
Chairman Winton: -- do you want to postpone?
102 September 25, 2003
Ms. Cuervo Schreiber: -- is -- number -- is fine. It's the pocket item that attaches itself to Item
number 8.
Chairman Winton: OK, so we can move on 8, and y'all --
Ms. Cuervo Schreiber: Yes.
Chairman Winton: -- are going to deal with the pocket item? OK.
Commissioner Sanchez: Public hearing.
Mr. Vilarello: It is.
Chairman Winton: It is? Eight's a public hearing?
Mr. Vilarello: Yes.
Chairman Winton: OK. Item number 8 on the regular agenda. Anyone from the public like to
speak on Item number 8 on the public agenda? I mean on the regular agenda. Apparently not.
We'll close the public hearing.
Commissioner Sanchez: So moved.
Chairman Winton: Motion.
Vice Chairman Teele: 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 Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-1046
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
ASSIGNMENT OF THE CITY OF MIAMI ("CITY") COMMERCIAL
SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT
("FRANCHISE AGREEMENT") BETWEEN THE CITY AND ONYX
FLORIDA, LLC, TO DISPOSALL OF SOUTH FLORIDA, INC.,
CONTINGENT UPON SUBMISSION OF ALL REQUIRED SUPPORTING
DOCUMENTS.
103 September 25, 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
Chairman Winton: And apparently, the pocket item, Madam Manager, is going to come back at
the next Commission Meeting --
Ms. Cuervo Schreiber: Yes.
Chairman Winton: -- because there's some technical issues that have to be resolved. Fine. OK.
Vice Chairman Teele: I'm just not sure you can do those by pocket item, under the --
Chairman Winton: Yeah, right.
Vice Chairman Teele: It requires clear notice.
Mr. Vilarello: Advertisement. Advertised notice.
Chairman Winton: And there's some other -- there were some other issues tied to that that had to
have -- OK.
Unidentified Speaker: Thank you, sir.
Chairman Winton: Thank you.
104 September 25, 2003
33. DIRECT MANAGER TO INSTRUCT ADMINISTRATION TO GET WITH LUCIA
DOUGHERTY AND MAKE TECHNICAL CORRECTIONS THAT COMMISSION VOTED
ON IN MAY REGARDING PROPOSED LITTLE HAITI PARK AREA.
Chairman Winton: Now, do we have -- we have a 4 o'clock time certain. 4 o'clock.
Vice Chairman Teele: Got a series of 4 o'clocks.
Priscilla A. Thompson (City Clerk): Items 10, 22, and 23.
Vice Chairman Teele: Mr. Chairman, let me try to do something to help some time.
Chairman Winton: Yes, sir.
Vice Chairman Teele: Is the Planning Director here? Ana, there she is out there just having a --
if -- Madam Manager, Madam Deputy Manager, is that the organization chart that I just saw?
Alicia Cuervo Schreiber (Chief of Operations): Yes, sir.
Vice Chairman Teele: Madam Deputy Manager, would you have Ana get with Lucia Dougherty
and let's make the technical corrections that this Commission voted in the May meeting. I
understand there are a series of people here on Item number 19 or 18 in the Planning --
Chairman Winton: Whose beeper is that?
Vice Chairman Teele: -- and this is on the Little Haiti Park, but we deannexed a strip of land
around -- between the railroad track and Northeast 4th, and it's -- if you all could get with her, I
think we could just solve about 20 people's concerns.
Ana Gelabert (Director, Planning & Zoning): Yeah. Commissioner, we will, and Lucia and I
already spoke and we already going to be presenting -- when the item comes, presenting those
changes to you.
Vice Chairman Teele: What time did we notice the Planning and Zoning meeting for?
Commissioner Regalado: 3 o'clock.
Commissioner Sanchez: 3 o'clock.
Chairman Winton: Three.
Vice Chairman Teele: 3 o'clock?
Chairman Winton: Yeah.
Commissioner Regalado: Let's do it now.
105 September 25, 2003
Ms. Gelabert: 3 o'clock.
Chairman Winton: So we're well past that.
Ms. Gelabert: 3.
Vice Chairman Teele: Are we -- is there anybody wanting to defer an item or withdraw an item
from the Zoning agenda?
Chairman Winton: That's a good point. Any Planning and Zoning items can be deferred so we
can let people know now?
Ms. Gelabert: I believe the Hearings Boards office received a letter for two items, I believe
they're 21 and 22, that were going to be withdrawn, and I believe Commissioner Regalado also
had one item -- one P&Z (Planning & Zoning) item that we would like to be remandated [sic]
back to the Planning Advisory Board.
Commissioner Regalado: Yeah.
Vice Chairman Teele: We got a long Planning and Zoning. We got a long Planning and Zoning.
We got a --
Chairman Winton: Oh, it's huge.
Vice Chairman Teele: -- lot of stuff to do before 5 o'clock.
Chairman Winton: So, what is that, 21 and 22 we're deferring?
Commissioner Regalado: Which --
Ms. Gelabert: Withdrawing.
Chairman Winton: Withdrawal.
Ms. Gelabert: And -- yeah. I believe Hearings Boards received a letter from the applicant
requesting that.
Chairman Winton: That be withdrawn?
Ms. Gelabert: Be withdrawn.
Chairman Winton: And is there another item?
Commissioner Regalado: Yeah, the one that we want to remandate [sic] to the Planning.
106 September 25, 2003
Ms. Gelabert: We'll get the number. It's --
Commissioner Regalado: I think --
Ms. Gelabert: -- the storage.
Commissioner Regalado: The storage.
Chairman Winton: OK, y'all get the number and bring it back to us, please.
Ms. Gelabert: Yeah. We'll --
Chairman Winton: OK. Commissioner Teele, what were you --
Ms. Gelabert: We'll get the number right back.
Chairman Winton: -- OK, and you're squared away in terms of the message you were delivering
just then?
Vice Chairman Teele: Yeah. I think they're straight on that now.
34. PURSUANT TO SECTION 2-614 OF CITY CODE, WAIVE CONFLICT OF INTEREST
PROVISIONS CONTAINED IN SECTION 2-612 OF CITY CODE TO ENABLE MODEL
CITY COMMUNITY REVITALIZATION DISTRICT TRUST TO PURCHASE PROPERTY
LOCATED AT 1461 NORTHWEST 60TH STREET, FROM FAITH WILLIAMS, A CITY
EMPLOYEE AND WHOLE OWNER OF ROYALTY HEIGHTS APARTMENTS, INC.
Chairman Winton: OK, so Item number 10 --
Vice Chairman Teele: From the regular agenda.
Chairman Winton: -- from the regular agenda is a time certain 4 o'clock that is purchase --
Vice Chairman Teele: The Model Cities Homeownership.
Chairman Winton: Oh, OK.
Vice Chairman Teele: This is the issue relating to a waiver -- Ms. -- Madam Director, you want
to come forth and explain it.
Marva Wiley: Yes. Mr. Commissioner, Marva Wiley, acting president of Model City Trust. At
the -- one of the July meetings of the City Commission, the Commission authorized the
acquisition of several properties. Among those properties was a property owned by a police
officer of the City of Miami. That being Faith Williams. The property is owned by the
corporation, which is wholly owned by Ms. -- Officer Williams -- Sergeant Williams. The City
Attorney has recommended that we secure a conflict of interest waiver to ensure that --
107 September 25, 2003
Vice Chairman Teele: Have you met with Commissioner Sanchez since the break and have you
all cleared up the issue?
Ms. Wiley: I stopped by his office. As I understand it, he --
Vice Chairman Teele: A yes or no is sufficient.
Ms. Wiley: No, I haven't --
Commissioner Sanchez: No.
Ms. Wiley: -- met with the Commissioner directly.
Vice Chairman Teele: OK. The question then is why is the cost of this -- the purchase price
substantially higher than the price that he paid for it some four or five years -- three or four years
ago?
Ms. Wiley: I believe, Commissioner, that that reflects the rising prices in the area. Both of the --
the purchase price was established by two independent appraisals. The average of those two
appraisals was 15 percent above the average -- above that average, so it was within the policy
that is -- that was established by this Commission and adopted by the Board. However, I can't
answer the question about the various individual items that contributed to that, but I can tell you
that two licensed appraisers gave us the basis for the purchase price.
Chairman Winton: And those are current appraisals?
Commissioner Sanchez: Mr. Chairman --
Ms. Wiley: Right.
Commissioner Sanchez: -- if I -- Commissioner --
Chairman Winton: Yes.
Commissioner Sanchez: -- Teele, would you respectfully yield? The thing that caught my eye
was -- on this project was -- on this property was that in 1999, the owner bought it for $135,000
four years --
Chairman Winton: When, 1999?
Commissioner Sanchez: 1999.
Chairman Winton: For how much?
Commissioner Sanchez: For 135, and --
108 September 25, 2003
Chairman Winton: OK.
Commissioner Sanchez: -- Model City is offering $488,750 for the property, and you know, it
just caught my attention that why is the price so high when that's basically -- you know, they're
creating a trust to bring revitalization to the area, and -- I mean, it's just a question that I have. If
you have a valid response that why the Model Trust is paying $488,000 for that property? I
understand that, you know, let's say property went up, you know, a hundred percent. You know,
the property's worth probably about 270, but you're talking about, within four years, from an area
that basically is look -- is dying for redevelopment, the property today is being purchased for
$488,000.
Ms. Wiley: Mr. Commissioner, I believe that speaks to the challenge that the Trust face overall,
as we go about acquiring property. The purchase price increases on several items, which is why
we have attempted to move aggressively and quickly to close so that the purchase price doesn't
move out of our reach even more.
Commissioner Sanchez: But did the owner, when they buy the property, they make any
improvements to it? I mean, is that why the property's worth money now?
Ms. Wiley: I can tell you that it is considered one of the better buildings in the area, or it was
considered one of the better buildings in the area, although the property owner did secure a loan
from Dade County to do additional rehabilitation to the building.
Commissioner Sanchez: And they my question to you is why don't you focus on other properties
that are in worse conditions to purchase those properties and leave that one in the hands of the
private sector?
Ms. Wiley: Well, the 60th -- the 62nd Street area is the geographic phase I. This property is
located on 60th Street at 14th Avenue, I believe, so with the thoughts about the infrastructure
upgrades and the recomposition of the area, the vision for that geographic phase I area was not
consistent with what this building currently --
Vice Chairman Teele: Let me help you because you're making this complicated, I think.
Ms. Wiley: OK.
Vice Chairman Teele: The goal of this Trust is to establish home ownership.
Commissioner Sanchez: Yes.
Vice Chairman Teele: Somewhere along the line, in the last 30 years, the area between 54th
Street and 62nd Street got exploited by commercial multifamily housing. In fact, 60th Street --
Chairman Winton: For rent.
109 September 25, 2003
Vice Chairman Teele: For rentals. -- was viewed by the Miami Herald in 1999 as the number
one area for homicides entire Miami -Dade County. You remember they did those circles, and
you remember all those women that used to come down here and complain that we're -- well,
these are -- this is the area in which -- as a result of some of the federal programs, land
speculators came in and destabilized what was otherwise a single-family home area by building
multifamily homes. This building is multifamily --
Ms. Wiley: Yes, it is.
Vice Chairman Teele: -- and the goal of the Model City Trust is to acquire these multifamily --
the vast majority of them have been bought. We bought them through --
Ms. Wiley: Foreclosures and --
Vice Chairman Teele: -- foreclosures and we bought them -- by foreclosing by enforcing the
law, that is, these homes were get -- they were unsafe, they were Section 8 mod rehabs, and all of
that, so the goal is to buy all of these multifamily apartments in this area and to return it to a
single-family home area where anybody would want to live. Now, I think Ms. Wiley probably
could have given a lot more explanation about the fact that when they bought it -- and I happen
to -- I don't know the person personally, but the police -- which police officer was this?
Ms. Wiley: Sergeant Faith Williams.
Vice Chairman Teele: Yeah. They came in. They bought a lot of these buildings at -- because
they run them down. They upgrade them. They borrow money from the County or the City.
The first thing I did when I got elected was stop all of the Section 8 loan program. You
remember how controversial that was? And so where we are now is we're trying to get these
mod -- these multifamily units out of what we want to return back into is a residential
community, so the answer, in a word, is these are the units that we need to be buying first as
opposed to just the single-family units that are sort of rundown. In other words, there are single
family units that are rundown that we're going to -- that they would be buying for much less, but
a single-family unit -- you know, a two-bedroom, three-bedroom house is going to be totally
different from -- how many units is this?
Ms. Wiley: Fifteen units, I believe.
Vice Chairman Teele: This is a fifteen -unit of multifamily housing.
Ms. Wiley: And if I might add. The Vice Chair made a comment that also adds to the value
that's created. Most of the occupants of this building were on public housing assistance, so the
appraiser probably figures in the income stream that was being drawn on the property, so there
were long-term contracts that existed that could have continued through HOPWA (Housing
Opportunities for Persons Living with AIDS) and Section 8 that would affect the value of the
property as well.
110 September 25, 2003
Commissioner Sanchez: Well, the analogy that Commissioner Teele presented, I could quite
understand. My only concern is that within four years, their property tripled in price, tripled, in
an area that --
Vice Chairman Teele: But it is an appraised value.
Chairman Winton: Barbara, what I would suggest in the future, though, is -- and I've dealt with
lots of appraisals and appraisers -- I guess I should ask the City Attorney this question, because
maybe the City can't do what we can do in the private sector, but appraisers are famous for
generating just about any number you want to generate within some reasonable range. They can
justify -- what is that, liars figure and figures lie? And my question is, are we allowed to
challenge the assumptions that the appraisers make in these appraisals to make sure that their
analysis is an adequate analysis of the circumstance surrounding value?
Mr. Vilarello: Certainly, we can. We can establish parameters, as long as it's within the
guidelines of, I believe, the acronym is MAI (Member Appraiser Institute) Association.
Chairman Winton: Right.
Mr. Vilarello: We can establish guidelines for the appraisers to follow, and if we feel that they
have not followed or met those guidelines, we can direct them to do so.
Chairman Winton: In which, Marva, you wouldn't -- you know, not being the --
Ms. Wiley: But let me --
Chairman Winton: But I would encourage y'all, in the future, to make sure you have somebody
on your evaluation team --
Ms. Wiley: Um -hum.
Chairman Winton: -- that just goes in with a -- almost a negative attitude about the appraiser
and really reviews these numbers appropriately to make sure that we don't -- because see, we can
set the wrong standard. We're going to be the principal buyer. We are going to be the
comparable sale --
Ms. Wiley: Right.
Chairman Winton: -- and so, if we let the appraisers come in and set a standard that's truly over
the market, we're going to all pay the penalty, so I'm just saying -- I'm not quarreling about this
issue -- this point on this item. I'm just saying in the future, I'd get somebody on the team who
can really question the appraisers' assumptions with a sharp eye.
Vice Chairman Teele: Mr. Chairman, but in fairness, the appraisers generally are selected by the
City, and I would certainly -- I'm totally in support of what you're saying, but this thing cuts two
111 September 25, 2003
ways. If we're suggesting that in Liberty City and Model Cities we're going to have a different
standard from --
Chairman Winton: No, I'm not suggesting that.
Vice Chairman Teele: -- from -- well --
Chairman Winton: I'm not suggesting that.
Vice Chairman Teele: But if you accept a MIAMI [sic] appraiser --
Chairman Winton: No, but that's my point. I don't accept MIA [sic] appraisals, period, on the
private sector side. I question every single one of them every time because these figures are
subject to huge subjective interpretation --
Vice Chairman Teele: But Johnny --
Chairman Winton: -- and that's my only point here.
Vice Chairman Teele: -- and I don't disagree with you, but you know, I think the Manager's
getting himself a total re-education in government as he -- as we begin to talk about Little Haiti
because, see, the Manager is looking at those numbers over there, and the fact of the matter is
this, the longer we dilly around, the longer we wait --
Chairman Winton: No (UNINTELLIGIBLE).
Vice Chairman Teele: -- the more we -- and that's the point that I think the Trust is frustrated
with, is that they've been here for almost six months trying to get an approval and the prices --
Chairman Winton: Right.
Vice Chairman Teele: -- are going up.
Chairman Winton: No disagreement there. No disagreement on that point. OK. Any other
question on this issue? And Marva, also make sure that in our packet, we get the map in here. I
mean, it -- you may have provided it, but staff -- there's no map in Item number 10, so I can't
identify where this site is.
Ms. Wiley: OK.
Vice Chairman Teele: And --
Chairman Winton: OK.
Vice Chairman Teele: -- the appraisals really should be there. I mean, I think --
112 September 25, 2003
Chairman Winton: Yeah.
Vice Chairman Teele: -- you need to provide a full packet.
Chairman Winton: I agree, too.
Ms. Wiley: OK.
Chairman Winton: So anything --
Commissioner Sanchez: Well, the appraisal --
Chairman Winton: Any other -- anything else?
Commissioner Sanchez: The appraisal's not on this.
Chairman Winton: No, no, nor is the map.
Commissioner Sanchez: It's never been.
Chairman Winton: So --
Commissioner Sanchez: Just for the record, you know, this is property nearby, 1281 Northwest
61 st Street.
Vice Chairman Teele: Sixty what?
Commissioner Sanchez: Sixty-first Street, living units 33, it sold for half a million dollars.
Chairman Winton: How many units?
Commissioner Sanchez: Thirty-three units, not 18.
Ms. Wiley: Mr. Commissioner, I would caution you about looking at some comparable --
Commissioner Sanchez: I understand.
Ms. Wiley: -- on cherry -picking --
Chairman Winton: Correct.
Ms. Wiley: -- comparables, because I can give you some personal experience about properties
that have sold for much below market based upon the need of the property owner --
Chairman Winton: Right.
113 September 25, 2003
Commissioner Sanchez: Marva --
Ms. Wiley: --and --
Commissioner Sanchez: -- you make a good point.
Chairman Winton: Or -- and the condition of the property.
Commissioner Sanchez: But you -- you make a good property, but on all the properties you
brought forth, this is the only one that caught my eye, being such a large increase, and second of
all, being that City employee, which people are going to perceive as, once again, you know,
favoritism, and that's what I want to try to avoid here.
Ms. Wiley: I hear you.
Chairman Winton: OK. Anything else. Need a motion.
Vice Chairman Teele: You have a motion and a second.
Chairman Winton: Oh, we do?
Vice Chairman Teele: Don't you?
Chairman Winton: I didn't think so.
Vice Chairman Teele: I so move.
Commissioner Regalado: Second.
Chairman Winton: Motion, second.
Mr. Vilarello: I'm sorry. This is a public hearing.
Chairman Winton: Sorry. Item 10. This is a public hearing. Anyone from the public like to
speak on Item number 10? Apparently, we have someone who would like to speak. Marva,
could you make room?
Charles Cutler: Good afternoon, gentleman -- distinguished gentlemen of the City Commission.
My name is Charles Cutler. I live at 706 Northwest 4th Avenue, in Miami. I'm a long-time
resident of Miami. I was born in Liberty City in the pork & bean projects, and I've watched the
process with government and with private industry proceed, and I've also been watching the
Model City Trust. I think that, at this point, they've done a very good job and a very thorough
job in terms of their commitment to the revitalization of Liberty City, and I've sat in on meetings
and I've sat in on community meetings where we've threshed out different issues with the Model
Cities Trust, and we do have confidence within the community that you have made a good
114 September 25, 2003
decision in choosing this group to move us forward in the future within the development of the
Model City area. Thank you.
Chairman Winton: Anyone else from the public like to speak on Item number 10? Anyone
else? Apparently not. We'll close the public hearing. We have a motion and a second. Do we
have any further discussion? If not, all in favor, "aye."
Chairman Winton: Like sign, opposed. Motion carries.
Commissioner Sanchez: One no.
Vice Chairman Teele: All right.
Chairman Winton: One no.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-1047
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE CONFLICT OF
INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY
CODE TO ENABLE THE MODEL CITY COMMUNITY REVITALIZATION
DISTRICT TRUST TO PURCHASE PROPERTY LOCATED AT 1461
NORTHWEST 60TH STREET, MIAMI, FLORIDA, FROM FAITH WILLIAMS,
AN EMPLOYEE OF THE CITY OF MIAMI AND WHOLE OWNER OF
ROYALTY HEIGHTS APARTMENTS, INC.
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.
115 September 25, 2003
35. AUTHORIZE MANAGER TO EXECUTE INTERLOCAL COOPERATION
AGREEMENT, BETWEEN CITY AND MODEL CITY COMMUNITY REVITALIZATION
DISTRICT TRUST TO SET FORTH COOPERATIVE RELATIONSHIP BETWEEN CITY
AND TRUST, AND RESPECTIVE DUTIES, OBLIGATIONS AND PROCEDURES TO BE
FOLLOWED BY PARTIES FOR PLANNING AND IMPLEMENTATION OF
REVITALIZATION EFFORTS FOR REDEVELOPMENT OF REVITALIZATION
DISTRICT.
Vice Chairman Teele: Mr. Chairman --
Chairman Winton: Yes, sir.
Vice Chairman Teele: -- now, we also have the interlocal agreement. Is that ready?
Alejandro Vilarello (City Attorney): Yes.
Vice Chairman Teele: Is Mr. Range here?
Chairman Winton: What -- ?
Vice Chairman Teele: I thought I --
Chairman Winton: Yes, he is.
Mr. Vilarello: Yes, he is.
Chairman Winton: What item is that?
Mr. Vilarello: I believe it's --
Unidentified Speaker: I think --
Vice Chairman Teele: What?
Unidentified Speaker: -- that's 22.
Vice Chairman Teele: 22?
Chairman Winton: 22?
Vice Chairman Teele: We skipped -- that's time certain now.
Mr. Vilarello: 22.
Vice Chairman Teele: Have we worked out all of the issues?
116 September 25, 2003
Mr. Vilarello: I believe -- yes, sir, and I've distributed a memorandum to the Mayor and City
Commission. It's been distributed before you, and I believe it meets agreement of the Trust as
well as the City Manager.
Chairman Winton: Mr. Range, sir.
Patrick Range: Good afternoon, Chairman. Good afternoon, Commissioners, Mr. Manager. It
certainly is a pleasure for me to be here, and this visit to the City Commission today represents --
Chairman Winton: We need your name on the record, though.
Mr. Range: I'm sorry. Patrick Range, Vice Chairman of the Model Cities Revitalization Board.
Today is a very auspicious occasion, one in which several items reflecting the promise of the
future are included on your agenda. First, with regard to the interlocal agreement between the
City of Miami and the Model City Trust. The board of directors was quite pleased to receive
City Manager Joe Arriola at its last meeting of September 23, 2003. His presence allowed the
board to address some of the items that have been of concern with us with regards to the
interlocal agreement. He voiced his commitment to support this project and also brought the
Commission's supportive sentiments for the project as well. The City Manager seemed to hear
the board's concerns and his response was supportive, which we are grateful for. Through some
— though there are some last-minute changes that might be necessary as the lawyers work things
out among themselves, the board of directors voted to support the interlocal agreement that is
currently before you. I believe that this document reflects the spirit of partnership with the board
views as an essential element of success for this redevelopment initiative. The Trust concept
brings private sector and public sector resources to improve the quality of life, to introduce better
housing choices, particularly homeownership and job opportunities to this community. Over the
course of the past several months, the Trust has been working on finalizing the master plan for
homeown -- for this home ownership zone pilot project area. The board is planning to bring that
to you as a conceptual plan for approval at your meeting of October 23, 2003. The board is also
responding to your concerns and the community's concerns about the urgency of commencing
construction. We've identified some priority projects that are ready to move forward and with
the property's currently owned by the City and the closing of properties approved by this
Commission in July of 2003. If we are successful here, this example will be followed through
other areas in the City -- throughout other areas in the City. You have a committed board of
directors with members who are focused on bringing their experience, skills, and talents to work
for you, some of who are present, Attorney Lucia Dougherty, I think Mr. Hector Brito are here,
and I'm very pleased to have the opportunity to work with a team of individuals who have this
wealth of knowledge, this wealth of experience, and are working for the revitalization of this
community. On behalf of the board of directors, I can tell you that the members are committed
to an inclusive revitalization effort that improves the quality of life for our current and future
residents of this community. We thank you very much for allowing us to serve and we intend to
serve you as you do allow. Thank you, sir.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
117 September 25, 2003
Vice Chairman Teele: I move the adoption of the interlocal agreement or the ratification.
Chairman Winton: We have a motion and a second, and Mr. City Manager, just like you to put
on the record that you're in favor; that you have all negotiated this thing and everybody's --
everybody is on the same team. There are no two teams; there's only one team to move the
Model City's project forward to great success in the City of Miami.
Joe Arriola (City Manager): Absolutely, sir, and I want to thank especially Mr. Range. If we go
back to a little history, we'll tell you that we butt our heads a couple times and we didn't agree a
few times, but at the end, we have a great agreement. I am very proud to be able to work with
him, and he knows he has my full, full support, and I look forward to building this whole
neighborhood again with his help.
Mr. Range: And that's what makes this auspicious. Thank you.
Chairman Winton: OK. We have a motion and a second. Discussion.
Mr. Vilarello: That's the interlocal as amended.
Chairman Winton: The interlocal as amended. Is this an ordinance or a resolution?
Mr. Vilarello: It's a resolution.
Vice Chairman Teele: It's a resolution.
Chairman Winton: Four-fifths. Is this 23?
Vice Chairman Teele: 22.
Mr. Vilarello: 22
Chairman Winton: 22, OK. All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
118 September 25, 2003
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-1048
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND
THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST
("TRUST"), TO SET FORTH THE COOPERATIVE RELATIONSHIP
BETWEEN THE CITY AND THE TRUST, AND THE RESPECTIVE DUTIES,
OBLIGATIONS AND PROCEDURES TO BE FOLLOWED BY THE PARTIES
FOR PLANNING AND IMPLEMENTATION OF REVITALIZATION
EFFORTS FOR THE REDEVELOPMENT OF THE REVITALIZATION
DISTRICT.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: Mr. Chairman, I would like to thank the Manager and the attorney, in
addition to the Model Cities Trust, but I realize that we deferred the item and I think that deferral
was time well spent. Thank you, Mr. Manager. Thank you, Mr. Range.
119 September 25, 2003
36. APPROVE ACQUISITION OF PROPERTIES ON BEHALF OF MODEL CITY
COMMUNITY REVITALIZATION DISTRICT TRUST.
Chairman Winton: OK. What item --
Commissioner Gonzalez: 26.
Chairman Winton: Which one?
Commissioner Gonzalez: 26.
Priscilla A. Thompson (City Clerk): The next one is 23. They were both -- 22 and 23 for time
certains, for 4 o'clock.
Vice Chairman Teele: What's 23?
Chairman Winton: Is this more purchase?
Marva Wiley (Acting President, Model City Trust): Right. That's the land acquisition. At this
point, the Trust is now able to focus in on a geographic phase I area. You'll recall that the
priority for the 2002/2003 fiscal year was closing out contracts that were already in the queue,
and being able to honor the commitments that were made to those property owners. You'll find
that the properties proposed for acquisition here are 60th and 61st Street, and also there is one
classification because the spreadsheet wasn't totally reflective at the last meeting for one property
that is not in the phase I area, but each of those properties is noted on your maps in yellow.
There are ten properties proposed.
Vice Chairman Teele: Let me inquire. Has the Manager had an opportunity to review this, and
do you all support this? I can't -- the Clerk can't get that one.
Joe Arriola (City Manager): I'm so sorry. Yes, we have reviewed it, and reviewed it, and we're
all in agreement. We had a meeting about it, and I feel real comfortable with it, and I know the
Trust feels real comfortable with it.
Chairman Winton: Marva --
Ms. Wiley: Yes.
Chairman Winton: -- would you come up here for a second? I'm going to hand you what's in my
package. I want to know if this is the package that you gave to the Administration to put in our
package.
Ms. Wiley: Mr. Commissioner, there were several items that were happening up until the last
minute, and the map changed a few times. What I had intended to reflect for you today were
some properties that had fallen off-line. Let me back up one second, because in what I presented
to you in July, it was everything that we had contracted. Several people had threatened to pull
120 September 25, 2003
back their interest to sell and those kinds of things. My intent was to update the list so that you
have a better sense of what's being purchased, not just what you approved, but what could really
move forward, and I did delay putting the map in until a later point to have a better reflective
map.
Chairman Winton: Which later point never came. Did it come? Did you give them a map?
Vice Chairman Teele: You're talking about this map?
Ms. Wiley: I didn't give them a map.
Chairman Winton: Yeah. No map, OK.
Ms. Wiley: Right.
Chairman Winton: And just so -- Mr. Range, as Chairman of the Trust, I just want to put on the
record that when these issues come before us in the future, I won't vote in support of any
additional acquisition of property without the appraisal and the map in the package, just so --
because I -- you know, and Marva, you --
Ms. Wiley: I want to clarify one thing. The actual appraisal or the appraised value listed?
Chairman Winton: No. I think we ought to see the -- we don't want to see the whole appraisal,
but the pertinent parts of the appraisal --
Ms. Wiley: OK.
Chairman Winton: -- that has comparable sells and, you know, the three pages on the income
approach and --
Vice Chairman Teele: I disagree. I think you have at least one person who has asked to see it,
who's shown this. We've been stopping -- we're only talking about, you know, a half a cent to
Xerox the thing, so let's just give --
Chairman Winton: Oh, you mean the whole thing? Is what you're --
Vice Chairman Teele: Give the Commissioners the appraisals. I mean --
Chairman Winton: OK, give the whole -- fine.
Vice Chairman Teele: Commissioner Sanchez has stopped this --
Chairman Winton: I --
Vice Chairman Teele: -- three months ago --
121 September 25, 2003
Chairman Winton: Yeah.
Vice Chairman Teele: We went through this same thing. It's no need in not giving information.
Chairman Winton: Just send the whole appraisal and a map.
Ms. Wiley: OK. My Only concern -- because there's a list of properties, so that's ten appraisals
that could be --
Chairman Winton: Could be.
Ms. Wiley: OK.
Vice Chairman Teele: Could be.
Chairman Winton: Could be.
Ms. Wiley: OK. Just want to clarify.
Chairman Winton: Yes, ma'am. Could be.
Vice Chairman Teele: But you're asking us to vote on all ten, right?
Ms. Wiley: Yeah.
Vice Chairman Teele: OK.
Chairman Winton: Right, so we ought to have it.
Patrick Range: We understand your concerns, sir.
Chairman Winton: Thank you.
Ms. Wiley: And there's one other Model City Trust item, the budget.
Vice Chairman Teele: Hold it.
Chairman Winton: Wait, wait. We're not done with this one.
Ms. Wiley: I wanted to pull that out because you were moving on the other items earlier.
Chairman Winton: We haven't voted on this, have we?
Vice Chairman Teele: We have not voted on this item, Item number 23.
Chairman Winton: OK.
122 September 25, 2003
Vice Chairman Teele: Does this require a public hearing? No. We took --
Mr. Vilarello: Oh, but it does require a four-fifths vote.
Vice Chairman Teele: -- all the public fund -- I would so move and --
Commissioner Gonzalez: Second.
Chairman Winton: We have a motion and a second on Item number 23. Discussion. Being
none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. Motion carries unanimously. OK.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-1049
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
APPROVING THE ACQUISITION OF THE PROPERTIES LISTED ON THE
DOCUMENT ENTITLED "MODEL CITY ACQUISITION APPROVAL
AUGUST 14, 2003," ATTACHED AND INCORPORATED, AT THE PRICES
LISTED ON BEHALF OF THE MODEL CITY COMMUNITY
REVITALIZATION DISTRICT TRUST, SUBJECT TO COMPLIANCE WITH
ALL FEDERAL, STATE AND LOCAL REGULATIONS; AND ALLOCATING
FUNDS DESIGNATED FOR THE MODEL CITY TRUST IN THE BUDGET
FOR FISCAL YEAR 2003, SUBJECT TO BUDGETARY APPROVAL.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
123 September 25, 2003
37. TABLED: PROPOSED MODEL CITY COMMUNITY REVITALIZATION DISTRICT
TRUST BUDGET.
Vice Chairman Teele: Mr. Chairman, I would ask that she be recognized for the discussion on
the budget. What was that?
Marva Wiley (Acting President, Model City Trust): Right. Item 35 is also related to the Trust,
and while Mr. Range is here, I would appreciate it if the Commission could consider --
Chairman Winton: We agree wholeheartedly, so --
Ms. Wiley: Thank you.
Chairman Winton: -- Item number --
Ms. Wiley: 35.
Chairman Winton: -- 35.
Commissioner Sanchez: So move.
Vice Chairman Teele: Second, and I would again inquire of the Manager and discussion. Mr.
Manager, has your office reviewed it and are you all in support of it?
Joe Arriola (City Manager): And Mr. Spring has had conversation with him and we're OK with
it.
Chairman Winton: You're OK with it, OK. This is a pub --
Vice Chairman Teele: But Mr. Chairman, Mr. Manager, just a short one -sentence memo from
you, I think, is very important in this, and that is that we have reviewed the budget and we have
no objections, or we reviewed the budget and we approve, or we reviewed the budget and we're
holding our nose and not saying anything. I mean, but just tell us how you feel, at least, in
writing.
Mr. Arriola: I'll be delighted to do that in writing right away for you, sir.
Chairman Winton: OK. This is a public item --
Alejandro Vilarello (City Attorney): Mr. Chairman, however, this item was advertised together
with all of the budget -related items for --
Vice Chairman Teele: And cannot be taken up --
Mr. Vilarello: -- after 5 o'clock.
124 September 25, 2003
Chairman Winton: And it can't be taken up separately?
Mr. Vilarello: Until after 5 o'clock.
Vice Chairman Teele: 5 o'clock.
Chairman Winton: Oh, it's not 5.
Ms. Wiley: OK.
Mr. Vilarello: Sorry.
Chairman Winton: It felt like 5.
Mr. Vilarello: Sorry, Mr. Range.
Vice Chairman Teele: Nice try.
Chairman Winton: Felt like 5, so, OK, Madam Clerk, what's the next item?
Commissioner Sanchez: Yes. Let's see if we could move through the agenda a little bit.
Priscilla A. Thompson (City Clerk): The next item you have is Item number 26.
Commissioner Sanchez: Let's go.
Chairman Winton: 26. Yeah, this is a -- did we do 25? Oh, yeah, we did 25. Twenty-six is a
discussion item.
Ms. Thompson: I'm sorry, sir.
125 September 25, 2003
38. FIRST READING ORDINANCE: AMEND SECTION 54-190 OF CITY CODE
ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD
STREET WIDTHS", TO REDUCE STREET WIDTH AT NORTHWEST 3 STREET
BETWEEN NORTHWEST 17TH AVENUE AND NORTHWEST 22ND AVENUE, FROM 70
TO 50 FEET.
Priscilla A. Thompson (City Clerk): We did have number 9; was tabled from earlier. Number 9,
amend the chapter for reduced street width. I'm sorry. Number 9.
Chairman Winton: Number 9, Number 9. I don't have that one.
Commissioner Sanchez: Well, Item number 9, the one that I deferred, we're going to withdraw
it.
Chairman Winton: Oh, we are?
Vice Chairman Teele: Second the motion.
Chairman Winton: Motion, second on withdrawing Item number 9. Discussion. Being none, all
in favor, "aye."
Commissioner Sanchez: All right, so we -- no. We need -- wait, wait. No, no. We need to
approve number 9, what I recommended.
Chairman Winton: I thought you said withdraw it.
Commissioner Sanchez: No. I --
Chairman Winton: Oh, you want to approve it?
Commissioner Sanchez: Yeah.
Chairman Winton: OK.
Commissioner Sanchez: Motion to reconsider.
Chairman Winton: So -- yeah.
Commissioner Sanchez: I'm a little confused.
Chairman Winton: We didn't vote. We --
Commissioner Sanchez: Motion to reconsider the withdrawal, as well.
Chairman Winton: -- did not vote on Item number 9 yet --
126 September 25, 2003
Commissioner Sanchez: No, no, no.
Chairman Winton: --so --
Commissioner Sanchez: Motion to reconsider.
Chairman Winton: Huh? No.
Commissioner Sanchez: We withdrew it, right?
Chairman Winton: No. We didn't vote. I didn't call the vote, so --
Commissioner Sanchez: Huh?
Chairman Winton: I did not call a vote, so make a new motion.
Commissioner Sanchez: All right, so move number 9.
Commissioner Gonzalez: Second.
Chairman Winton: And that's to 50 feet.
Commissioner Sanchez: Yes.
Chairman Winton: Got it.
Commissioner Sanchez: 70/50.
Chairman Winton: OK, we have a motion and a second. Discussion. Being none, all in favor,
aye.
11
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries. Oh, it's an ordinance. Oops, sorry.
Mr. City Attorney, would you read the ordinance on Item number 9? Is it a public hearing? Oh,
I need to look at my --
Mr. Vilarello: This is first reading --
Chairman Winton: -- new cheat sheet you gave me.
Mr. Vilarello: -- no.
Vice Chairman Teele: Any ordinance is a public hearing on second reading.
Chairman Winton: Oh, it doesn't say public hearing here.
127 September 25, 2003
Mr. Vilarello: It does.
Chairman Winton: See, I got to learn to read this stuff. It is a public hearing, all right. I have
this new great cheat sheet that the Clerk gave me. If I would only follow it, I'd do a much better
job. Item number 9 is a public hearing. Anyone from the public like to speak on Item number 9?
Anyone from the public on Item number 9? No one from the public. 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 City Attorney.
Chairman Winton: Roll call, please.
Ms. Thompson: Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND
SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET
WIDTHS," TO REDUCE THE STREET WIDTH FROM 70 TO 50 FEET AT
NORTHWEST 3RD STREET BETWEEN NORTHWEST 17TH AND 22ND
AVENUES, MIAMI, FLORIDA TO RETURN THE RIGHT-OF-WAY AT SAID
LOCATION TO THE STANDARD PLATTED 50 FEET; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, PROVIDING FOR
AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was
passed on first reading, by title only, by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Ms. Thompson: The ordinance is adopted on first reading, 4/0.
128 September 25, 2003
39. DISCUSSION CONCERNING CURRENT PROCESS FOR DEALING WITH
ABANDONED BUILDINGS.
Chairman Winton: Item 26. Who asked for this discussion item, by the way? Anyone
remember?
Commissioner Gonzalez: I believe I was the one that bought up the issue of the unsafe structures
Chairman Winton: OK. You want to hear the --
Commissioner Gonzalez: -- six months ago.
Chairman Winton: Well, let me ask a different question. Would you like to hear the answer
today?
Commissioner Gonzalez: Yes, if they have an answer.
Chairman Winton: OK.
Commissioner Gonzalez: They have an answer?
Chairman Winton: Fine.
Hector Lima (Director, Building Department): Hector Lima, with the Building Department.
This morning I distributed for you a flowchart of the whole process, and also an outline of the
process for unsafe structures. If you have any questions, I'd be more than glad to answer them.
Chairman Winton: Why don't you go meet with him, Hector --
Commissioner Gonzalez: Yeah.
Chairman Winton: -- and walk him through it, because I wouldn't want to read it by myself.
I'm sure that -- I don't know that I would like to follow that flowchart.
Mr. Lima: It's very complex, yes.
Chairman Winton: Yes, so --
Commissioner Gonzalez: Let's get together Monday, if possible, all right?
Mr. Lima: Great. I will call your office.
Commissioner Gonzalez: So, we can go over it.
Chairman Winton: OK. Thank you.
129 September 25, 2003
40. DEFER DISCUSSION CONCERNING STATUS REPORT ON BUS BENCH ISSUE.
Chairman Winton: Item 27.
Commissioner Gonzalez: It's the same thing, I believe.
Chairman Winton: Yeah, bus bench status report. Who asked for this one? Anybody want to
hear it, by the way?
Commissioner Gonzalez: No. I don't particularly want to hear it right now. I'd like to get on
with PZ (Planning & Zoning) items. OK, we'll hear that one later.
41. DEFER DISCUSSION CONCERNING CITY LICENSING PRACTICES.
Chairman Winton: City of Miami licensing practices. I don't remember this one at all. Number
28, was that yours? City of Miami licensing prac -- I don't know -- I don't remember this one. I
just want to know if anybody wants to hear it today as opposed to --
Commissioner Gonzalez: No. I don't --
Chairman Winton: -- going on and getting our PZ (Planning & Zoning) items done?
Commissioner Regalado: No.
Chairman Winton: OK. We don't want to hear it, so 29 withdrawn.
42. DEFER DISCUSSION CONCERNING CLEANING OF CANALS AND WATERWAYS
CITYWIDE.
Chairman Winton: 30, cleaning canals.
Alejandro Vilarello (City Attorney): We're --
Chairman Winton: Anybody want to hear that?
Mr. Vilarello: The director is working with my office on an item with regard to this. If we could
ask that this be deferred till later?
Chairman Winton: Great. Love to. Deferred.
130 September 25, 2003
43. DISCUSSION CONCERNING BUILDING DEPARTMENT'S PERMITTING PROCESS.
Chairman Winton: 31, Building Department's permitting process.
Commissioner Regalado: We address that. We had that item on my blue sheet the other day --
Chairman Winton: Oh, that's right.
Commissioner Regalado: -- and he had some written information. Why don't we get -- did you
give us something today?
Hector Lima (Director, Building Department): No. In the package, there was a sheet with --
Commissioner Regalado: Oh, OK.
Mr. Lima: -- with the enhancement that are in place right now, enhancements that we will be
implementing pretty soon and others that require --
Commissioner Regalado: So --
Mr. Lima: -- funding and so forth.
Commissioner Regalado: -- there's no need, if you want to.
Chairman Winton: Let's see. Other -- oh, I think we have -- let's do the supplemental agenda.
Get it --
Commissioner Gonzalez: 32. It's 32.
Chairman Winton: 32. No, 32 is all part of the budget, right?
131 September 25, 2003
44. AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 1 TO REVOCABLE
LICENSE AGREEMENT BETWEEN RACEWORKS, LLC, BAYFRONT PARK
MANAGEMENT TRUST, AND CITY RELATED TO "GRAND PRIX OF THE AMERICAS
2003," TO BE HELD IN DOWNTOWN MIAMI FROM SEPTEMBER 26 THROUGH 28,
2003, TO CLARIFY LICENSEE'S LIABILITY RELATED TO PAYMENT OF ALL TAXES
ASSOCIATED WITH EVENT AND TO REFLECT LICENSEE'S CHANGE OF ADDRESS.
Vice Chairman Winton: So we have a supplemental agenda, is that not correct? Where is it?
Commissioner Gonzalez: I don't have the supplemental agenda in front of me.
Vice Chairman Winton: Yeah.
Commissioner Gonzalez: I don't know if this is it.
Chairman Winton: I haven't found mine. OK, what's S -l? Raceworks.
Alejandro Vilarello (City Attorney): It's an amendment to the revocable license agreement with
Raceworks.
Commissioner Regalado: Does that also include the solid waste thing, that amendment, Mr. City
Attorney?
Mr. Vilarello: No.
Commissioner Regalado: What is going on with the solid waste? So what's this amendment
about?
Chairman Winton: Yeah. Would you explain what S-1 is? Who's in charge of S-1, please,
here?
Mr. Vilarello: OK, S-1.
Javier Fernandez: Good afternoon. Javier Fernandez, Senior Assistant to the Chief of
Neighborhood Services. Item S-1 is an amendment to the existing revocable license agreement
which basically clears up a tax liability issue that arose subsequent to last year's race. It's an
amendment to the existing language. Raceworks has agreed. It's a favorable amendment to the
City, and I would recommend the adoption by the Commission.
Commissioner Regalado: Why would you say that is a favorable amendment?
Mr. Fernandez: There was a question last year and in discussions subsequent to the race, I think,
with the City Attorney, there was a question as to whether the tax liability per the agreement
accrued to us or to the promoter. The amendment before you clarifies the language, removing
the last three sentences, and --
132 September 25, 2003
Commissioner Winton: The last three lines.
Mr. Fernandez: The last three lines of the relevant paragraph and clears up any question with
regard to the accrual of the tax liability to the promoter.
Commissioner Sanchez: It's just --it's an amendment --it strikes the --it just strikes --
Mr. Fernandez: The last three sentences.
Commissioner Sanchez: -- the three lines at the bottom of the agreement. OK.
Mr. Fernandez: Correct.
Commissioner Sanchez: So move, Mr. Chairman.
Commissioner Gonzalez: Second (INAUDIBLE).
Chairman Winton: Motion, second.
Mr. Vilarello: Mr. Chairman, that does not address Commissioner Regalado's question with
regards --
Chairman Winton: That's correct. It has nothing to do with Commissioner Regalado's question
at all.
Commissioner Sanchez: It has nothing to do with that. Just --
Commissioner Regalado: It doesn't.
Vice Chairman Teele: What's his question?
Chairman Winton: No, this amendment has nothing to do with your question.
Commissioner Regalado: No, I know that.
Chairman Winton: OK.
Commissioner Regalado: No, I know that. My question -- Art, my question was what is going
on with the solid waste today?
Chairman Winton: We'll come to your question next. That's an amendment to the agreement.
Vice Chairman Teele: Yeah, but why are you going to move the agreement if you don't have the
answer to his question?
133 September 25, 2003
Mr. Fernandez: This is an amendment to the existing revocable license agreement. I understand
your question. You can -- it's a matter of just choosing before -- in any old fashion that you'd
like to.
Vice Chairman Teele: I mean, legislatively, I wouldn't want to approve this unless I know
what's going on over there. I mean that's --
Commissioner Regalado: Makes sense.
Chairman Winton: Not necessarily if it's -- if this erases a potential liability for us, I don't care
what's going on over there. It's something you would like to have done from my viewpoint.
Mr. Fernandez: Commissioner Teele, the current matter before you is an amendment to the
existing revocable license agreement. Last year at the end of the race, there was a question with
regard to the tax liability and who it accrued to, whether it accrued to the City or to the promoter.
The amendment before you seeks to clarify that language, amend it as such and resolves any
such question. With respect to the sanitation issue, which I think is what you're referring to, I
believe that Mr. Martinez did want to petition the committee -- the Commission -- excuse me --
to reverse its stated position at the last meeting. We are prepared at this point in time to have
staff work that event, and we are -- have an operations meeting at 5 o'clock to address
deployment this evening.
Commissioner Regalado: Wait, wait, wait.
Vice Chairman Teele: What was the last sentence he said? I didn't hear it.
Mr. Fernandez: I -- just to clarify our current position for the City as directed by the
Commission --
Chairman Winton: They're going to meet at 5 o'clock, I think they said.
Mr. Fernandez: -- you did state that you wanted staff to work the event.
Vice Chairman Teele: We want City Police --
Mr. Fernandez: City Police, City Fire --
Vice Chairman Teele: City Fire --
Mr. Fernandez: -- City Sanitation.
Vice Chairman Teele: -- City Sanitation.
Mr. Fernandez: And we have -- and we currently are programmed to do --
Commissioner Regalado: Right.
134 September 25, 2003
Mr. Fernandez: --exactly that.
Commissioner Regalado: Yeah, but we need to know when, and who and why it was decided
that an outside company would work in that event. I mean, where is Mr. Martinez?
Carlos Martinez: Mr. Chairman, Commissioners, thank you for the time. Let me just give you a
quick historical --
Vice Chairman Teele: Mr. Martinez, welcome to the Commission, but you should identify
yourself just for the Clerk.
Mr. Martinez: Oh, I apologize. I am not familiar with the protocol. My name is Chuck M.
Martinez -- Carlos M. Martinez, and I reside at 1514 Mercado Avenue, Coral Gables, Florida,
33146. Last year, the Grand Prix Americas lost five and a half million dollars, and as a result of
this loss, my CEO (Chief Executive Officer), Christopher Croup and myself visited with the
Mayor's staff and the City administration staff represented by Mr. Victor Monzon at the time,
our liaison with the race. At that time, we discussed City expenses and how we would be able to
work in order to reduce these, and the City indicated that they would help us facilitate this
process. As is indicated in Section 26, Page 21 of the revocable license agreement, of which I've
got a copy, the City shall use its best efforts to limit the cost of service to an amount not to
exceed three hundred thousand dollars. Last year, our total cost for City services was six
hundred thirty-five thousand. As I indicated, the City agreed to help facilitate the reduction of
these costs, soon afterwards, we obtained a proposal for sanitation services from a private firm,
the same firm that does the event at the Nasdaq for less than half of what it costs the City, thirty-
one thousand dollars versus seventy-nine thousand dollars, which was the City cost.
Vice Chairman Teele: Bingo. See, that's the point. Your costs are six hundred thousand dollars
plus, right?
Mr. Martinez: Yes, sir.
Vice Chairman Teele: So now, we're dealing with a thirty thousand dollar issue.
Mr. Martinez: Actually, it's --
Vice Chairman Teele: The spread --
Mr. Martinez: Yes, you're right. It's about forty thousand, thirty-nine thousand.
Vice Chairman Teele: The spread is forty thousand dollars.
Mr. Martinez: Yes.
Chairman Winton: On three hundred over.
135 September 25, 2003
Vice Chairman Teele: On a three hundred over.
Mr. Martinez: Correct, and if I can proceed --
Vice Chairman Teele: Yeah.
Mr. Martinez: -- if I could. The primary reason for that disparity in cost is based on labor. The
City employees for Sanitation are obligated by the National Fair Labor Standards Act to be paid
at time and a half. Based on this information, being able to get the lower price, we were able --
we were given the green light by Mr. Monzon and went and hired the company, the private
company, and they have already -- and we have already made a deposit to them. It wasn't until
two weeks ago that I knew this was an issue. I understand now that this was an issue that should
have been presented to the Commission in advance, and for that misunderstanding, I apologize.
We --
Commissioner Sanchez: Mr. Chairman --
Commissioner Regalado: It's not your fault.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Hold on. Let him finish, please.
Mr. Martinez: We also understand how important it is to work with all the different City
services and departments, especially Solid Waste, since most of those employees reside within
the City. However, we are literally fighting for our financial lives and are producing an event
which will showcase Miami and our community to over nine million people around the world.
Based on the late date and the fact that we have already paid for the private firm, and being
obligated to use the City's Solid Waste Department will represent an additional seventy-nine
thousand dollars for this year, I respectfully request a waiver for this year. We are fully
committed to sitting down with all parties and finding a mutually acceptable solution for the
future. Now, in response to your question, I have another handout which to give you an idea, we
went to all the various departments. The City helped us in going with Fire, with Police, with
Parking and Waste and setting up those meetings. We were able to reduce Parking from two -
sixty to one -sixty; Police, from one fifty-seven to one forty-two; Fire, from two -o -two -- I'm
sorry -- one ninety-nine to one eighty-seven and Waste stayed at seventy-nine. I understand that
I -- this should have been an issue that I brought up to the Commission from the beginning. I
understand that is something that should have been a process of this group, of this body, but I
goofed. I don't have any other explanation except I assumed from Mr. Monzon and from the
administration that I would be able to move forward, and I did. Now, I'm in a situation where
going forward, as was voted on at the last Commission meeting will put me in a situation where I
will basically be paying a hundred and ten thousand dollars for services that should cost me
thirty. Now, I understand that it's a fraction of the five and a half million we lost last year. This
year, we're looking at a loss not as extreme. It's a fraction, but it's still thirty thousand, forty
thousand dollars, and in this instance, for this year, it's seventy-nine thousand dollars.
136 September 25, 2003
Chairman Winton: Mr. Martinez, what was the difference of Police from last year to this year,
the reduction?
Mr. Martinez: It went from one fifty-seven to one forty-two.
Vice Chairman Teele: What's the percentage, Mr. Manager? Can your staff give us those
numbers in percentages?
Chairman Winton: Only fifteen thousand.
Mr. Fernandez: With regard to the reduction, specific reduction with respect to the breakdown
of the Sanitation costs?
Vice Chairman Teele: No.
Mr. Fernandez: Or --
Vice Chairman Teele: No. The question is --
Mr. Fernandez: I just wanted to clarify the question.
Vice Chairman Teele: -- what is the percentage of reduction from the Police --
Chairman Winton: From the Fire.
Vice Chairman Teele: -- and the Fire.
Commissioner Gonzalez: What was last year?
Mr. Martinez: It was one fifty-seven.
Commissioner Gonzalez: And this year it's one forty-two?
Mr. Martinez: One forty-two.
Chairman Winton: Ten percent.
Mr. Fernandez: Approximately ten percent.
Chairman Winton: Ten percent.
Mr. Martinez: And I should say -- I should indicate as well that originally, last year that Police
was over two hundred, but we were able to come together to an agreement with them in order to
pay them directly, and I'm not sure exactly -- Javier knows better, but to work with them in order
not to be forced into time and a half, to pay them in advance, and that's why we were able to get
that reduced significantly.
137 September 25, 2003
Vice Chairman Teele: And what is the percentage reduction for Fire?
Chairman Winton: About the same.
Mr. Martinez: One ninety-nine --
Mr. Fernandez: Approximately the same.
Mr. Martinez: Approximately the same.
Joe Arriola (City Manager): About ten percent.
Vice Chairman Teele: About ten percent. Could I just hear from the Manager on this issue?
Mr. Arriola: You know, I'm trying to control myself in here, because it's kind of hard at times.
Every time they mention administration, that means me.
Vice Chairman Teele: Right.
Mr. Arriola: OK? I did not agree to anything here. Nobody spoke to me. I had no idea that this
was going on. Mr. Monzon has been gone for over four months from the City. I was not
informed. First time I heard about this thing happened to have been about two weeks ago, and
ask you know, I went through the roof with this, because I said to the Commission that I didn't
think this was fair, and we should not allow this, so I don't want administration mentioned again,
because this is administration, and this person did not know anything about this thing. Now, if
Mr. Monzon spoke to you, he absolutely spoke out of term. He had no authority. He cannot
authorize anything around here, and Mr. Monzon has been gone for quite a while, OK? You and
I never spoke about this issue, and I was very firm in this issue that if you're going to use our
Police and if you're going to use our Fire, you're going to use all of our departments or nothing,
and I am not about to have -- Now, if you want me to talk to them about a reduction, I have no
problem talking to them about a reduction. I have no problem. I think it's fair if Police went
down ten percent and Fire went down ten percent, I have no problem talking to them about
coming down ten percent, but I will make it very clear. The folks in that department are
extremely important, probably the most -- one of the most efficient departments to be run in this
City, one of the departments I'm the most proud of in this City and I'm not going to let them out.
I am not going to leave them out of this deal. End of story, and as far as I'm concerned, you
guys can vote for anything you want, but I, as an administrator, do not approve of this, was not a
participant of this, and I don't want my name used anymore.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Well, I don't think he did use your name, but OK, Commissioner Sanchez,
then Commissioner Gonzalez and then we'll go to another item.
138 September 25, 2003
Commissioner Sanchez: Mr. Chairman, if I could restore some order to this Commission, this is
not the item in front of us right now. The item in front of us right now is an amendment to a
revocable license agreement.
Chairman Winton: But Commissioner Teele wanted to combine the two. He did not want to
vote on the amendment until this issue was resolved, which is the reason I let this conversation
go forth.
Commissioner Sanchez: But the issue -- I mean, I think we're all on the same sheet of music
when it comes to the Solid Waste Department, and not letting them be the only ones that aren't
going to get paid for that service. The issue in front of us is this revocable license agreement,
and I think that we should vote on this and just move on.
Chairman Winton: Well, but the vote could be -- as the Chairman, I decided to go with
Commissioner Teele's view that we combine these two items together. We may yet bifurcate
them, but for the moment, we're going to hear both sides of this, and then I'll figure out how
we're going to --
Mr. Arriola: I want to make one more small comment, because some of the other comments that
have been made is from the Mayor's office. I have spoken to Mayor Diaz extensively about this
last night and today again, and he is in total accord with what I'm saying. He is 100 percent
behind my statement, so any time -- you know, if staff someplace along the line steps out of
bounds, that's one thing, but I didn't say it. I didn't approve it. I know it didn't come from the
Mayor's office, so as far as I'm concerned, this is, you know, closed.
Chairman Winton: Commissioner Gonzalez.
Commissioner Gonzalez: Mr. Chairman --
Mr. Martinez: Mr. Chairman, might I be able to say something?
Chairman Winton: Yes.
Mr. Martinez: May I be allowed to say something? I apologize. I was in a meeting with Mr.
Monzon and that's who I assumed -- that's who I was told was my contact with the
administration.
Chairman Winton: Right.
Mr. Martinez: So I'm not -- trust me, and I understand, I understand the situation.
Chairman Winton: OK, thank you. Commissioner Gonzalez.
Commissioner Gonzalez: You know, I'm kind of confused, because when we were discussing
the races, Raceworks came before the Commission I don't know how many times, ten times, 20
times, whatever, and they had all kind of attorneys, and lobbyists, and they were all familiar with
139 September 25, 2003
the process and what it took the races to be approved. Don't -- you know, to here say that your
attorneys or your representatives believed that an administrator had the power to amend a
contract that was approved by this City Commission, to me, it's kind of ridiculous. It's kind of
ridiculous, you know. You may want to use whatever reason you have that you lost money, and
let me tell you, you know, we had a lot of arguments about the races. There was a competition
and a fight between two companies that wanted to put up the race. The race was going to make
millions, and millions and millions of dollars. The City of Miami was going to become a
millionaire on the first race. Now, we're hearing that you lost five million dollars. This year, it's
going to lose some more money, and I'm -- I supported the race, and I'm going to support the
race, and I'm going to be voting on anything that will help put the event on again this year, but
blaming the administration because you had some problem or blaming -- you know, and I'm not
going to accept that the Manager takes the blame for an action that even though if Mr. Monzon
agreed to do that, you should have known that he didn't have the power or authority, because this
Commission here was the one that approved that contract, didn't we? So if it's going to be
amended, I believe the amendment has to come before this Commission, and this Commission is
the one that has the power to vote on the amendment, not an administrator.
Mr. Martinez: Mr. Commissioner, I accept, as I said in my statement, I accept full responsibility
for the error.
Commissioner Gonzalez: All right.
Mr. Martinez: I do, I do and --
Commissioner Gonzalez: Well, then, now we're talking.
Mr. Martinez: Correct.
Commissioner Gonzalez: Now we understand each other.
Mr. Martinez: I accept full responsibility for the error. I assumed -- I assumed that my contact
with the City -- and this wasn't -- not just words. I have written documentation. We discussed
this. This was something -- and it was me. It's not my attorneys or any lobbyists, the new
owners of the event. We -- I made that assumption, and I moved forward with that.
Commissioner Gonzalez: And also --
Mr. Martinez: And let me just say --
Chairman Winton: Hold on.
Mr. Martinez: -- I understand completely. I'm willing -- all I'm asking for is -- I'm laying
myself out on here. I'm falling on my sword. I'm saying it's going to cost me. I'm losing a lot
of money.
140 September 25, 2003
Commissioner Gonzalez: Listen, I'd be willing to help in any way. My vote is going to be there
for -- you know, it's going to be present to support the races and to do whatever we have to do,
to make sure that it is a success, but I'm glad to hear you say that and that -- that should serve
you as an experience that, you know, the ones that govern in this City is this City Commission.
Chairman Winton: He's got it.
Commissioner Gonzalez: No one from the staff -- you know, anybody from staff can tell you
that they're going to give you City Hall, you know, to -- so you can leave it here. If you want to
believe that, you know, that's your problem.
Chairman Winton: He's got it. OK, Commissioner Regalado.
Commissioner Regalado: Yes, sir, thank you very much. In wars, they are what the military
calls collateral casualties. In this case, the City Commission is the collateral casualty, because
we were not informed. We made a commitment, very strict, to the people from Solid Waste,
because we didn't know anything about it, but the thing is that the fact is that you did met with a
high ranking administration official, and the Manager didn't know about it. He was surprised at
the time when we discussed that. I believe it, but, you know, it was somebody from the
administration that told you, go ahead, it's fine by us. I don't think that in the contract -- and I
have this question. Is -- Mr. City Attorney, does it say in the contract that we, the City
Commission, order Raceworks only to use City personnel, or it doesn't say that in the contract?
Because it did mention something about looking for the less price.
Mr. Vilarello: It provides that -- it defines the word, "services." Services is defined as services
rendered by the City's Police, Fire and Solid Waste Department during race events or sporting
events.
Commissioner Regalado: So it's part of the contract, so whoever told him that it was fine
violated the trust of this Commission. Mr. Monzon wasn't dismissed because of that. It was
because of another issue, but maybe as an Assistant City Manager, he thought that he had the
power, and you had reason to believe it, because it's an Assistant City Manager. It's -- he was
speaking in behalf of the Manager. We cannot say here -- whatever other Commissioners did in
the past is their problem, so we're voting different, and we have to, like this gentleman always
says, stand in the shoes of everybody who was here before and made mistakes, so, you know, we
have to tough it out. My proposal to the members of the Commission, since the mistake was
made, since this Commission promised and committed to the Solid Waste people, since there is a
commitment by the City of Miami by this Commission to help the races, because it does bring to
Miami what Miami needs every year, I propose to use whatever services you have, plus the
service of the Solid Waste, and whatever difference that you need not to pay, the City will pay,
because it wasn't your mistake. You were trying to save a buck, and some high official told you
you could do it, and you believe them, so, you know, we cannot now say the guy is gone, so you
got to pay, because maybe next year, your bosses will tell you, hey, look, you know, we don't
want to do the races in Miami anymore, because, you know, we have been hit by this side and
the other side, so think about this. If we have to come up with money to bring the Solid Waste
people and not to renege on your commitment that you have done already, you know, I would be
141 September 25, 2003
willing to do it, because somebody in this government made a mistake, and we cannot go after
him now in the court to sue them to get back the money that it's going to cost you or the City, so,
Mr. Chairman, that's all I want to say. I think that next year, it has to be City services.
Remember, we said a resolution should be made, so only City services. I didn't know anything
about this company or whatever company they were talking about, but if we have to bring
everyone, your -- the company that you hired, and the people from Solid Waste, and the City has
to supplement what you are going to spend, I think we should do it, because the City did make a
mistake.
Chairman Winton: Commissioner Teele.
Mr. Arriola: Can I make a -- I have to -- This is wrong, because we are assuming that the City
made a mistake. I have talked to Mr. Victor Monzon, and he doesn't remember this
conversation. OK?
Chairman Winton: Yeah, well --
Mr. Arriola: So we're assuming that somebody said that somebody said that somebody said, and
that's the commitment. Mr. Monzon -- and everybody knows here that Mr. Monzon had no
authority at any time to make this deal. Never had the authority, so for us to assume that the City
made a mistake is incorrect because --
Commissioner Sanchez: No, we're not. Not everyone here is assuming that.
Mr. Arriola: OK? And that's what I'm saying. Why should we assume that when -- you know,
I'm not one to believe it, and I'm not questioning anybody.
Chairman Winton: Commissioner Teele.
Vice Chairman Teele: Could I just hear from the gentleman from -- Mr. Simmons -- from the
union, very briefly? Your name and title.
Joe Simmons: My name is Joe Simmons, Jr., President of AFSCME Local 871. We represent
the Sanitation Employees Union. We're here to work with the City and do whatever we have to
do within our power. Number one, I was at liberty to obtain a copy of the agreement between
Raceworks and the City of Miami. It does mention three departments -- Police, Fire and Solid
Waste, and we also have an agreement between our organization and the City of Miami. When
you come to as an employee in the Department of Solid Waste, there are special events that
occur throughout the year that's over a hundred plus, and that's a benefit, and, of course, if those
benefits, terms and conditions of employment are changed, that has to be negotiated, that impact
to the employees, with the employer, but because of this action that we were made aware of
recently, we had to intervene. We have an obligation to the residents, and most of our employees
that work in our department are City residents, including myself. We are here to work with the
City. You know, this event, of course, like you said earlier, it's going to bring millions of dollars
to the City and a lot of publicity will go along with it. We have people allocated already that are
on stand-by right now, ready to go. There have been some problems in the past. There's a lot of
142 September 25, 2003
misconceptions out there. I've had the liberty to be present at the last two Raceworks meetings
prior to last week Friday, and I mentioned the fact that, you know, this wasn't brought before the
attention of the labor organization, and, of course, if you go forward with this process, then
you're violating the law and facing an unfair labor practice, and we're not in the business to go
around suing folks, but we're here to work with the City, and they have worked with us, and like
the gentleman mentioned earlier, we have become more efficient over time. Our department has
a lot of potential as far as revenue generation that would benefit the general fund, but, of course,
these companies come in and they have to have the full understanding that if you're going to use
City -- you're going to conduct an event in the domain of the City, and, of course, this is the
City's domain, they have the ultimate right to say yea or nay.
Vice Chairman Teele: All right. Mr. Chairman.
Chairman Winton: Yes.
Vice Chairman Teele: Three quick points. Number one, philosophically, Mr. Pidermann, and to
your other colleagues, I have no objections to providing a waiver across the board in the future,
if it's discussed, debated and there's three votes here for it, philosophically, but I have a serious
objection to singling out one union and treating them differently from the other unions. I mean, I
would fight for the Fire just like I fight for the Police, and I'll fight for the Police and Fire like
I'll fight for Sanitation, because this is a municipal government, and I dare say you wouldn't go
to Wayne Huizenga Stadium and bring in another concessionaire in his stadium, and I mean
those are just sort of common sense kinds of principles. Having said that, I think the
overwhelming concern that I have is we need to be in a partnership with this event, and it needs
to be a win/win partnership. It needs to be a positive partnership, and this event is an event that
is a signature event. It brings a lot of goodwill and acclaim to this City. We can -- we don't
need to have a poisoned relationship with the promoters over a thirty thousand dollar issue,
because that's really what it gets down to, you know. Right now, it's a hundred and ten thousand
dollar issue.
Chairman Winton: Seventy-nine.
Vice Chairman Teele: It was a seventy thousand dollar issue which you all should have reduced
your fees by at least ten or 15 percent. That didn't happen, but unfortunately, they went out and
got a price for half. Now, I'm going to tell you this: You could probably go out right now and
get a bid from Wackenhut -- OK? -- that would be 50 percent less for the police, OK? I mean,
County does it all the time. They got -- they don't have County Police at the metro stations
anywhere. The savings are huge, and I dare say there are tremendous savings with Randall
Eastern and some other folks, so let's just put this skunk on the table so everybody understands
exactly what's at stake here, because I really think that the Police Union and the Fire Union
should be on either side of you, with all due respect, but we need to figure out, Mr. Manager,
something short, perhaps, of what my colleague has recommended, but certainly going in that
direction. How do we help these promoters to not lose money as it relates to the provision of
municipal services? And clearly, we have a problem that is somewhere upwards of thirty
thousand dollars, which he's contracted for.
143 September 25, 2003
Chairman Winton: Seventy-nine.
Vice Chairman Teele: And seventy thousand dollars which he's legally obliged to, so it really is
a seventy thousand dollar problem, and whether it's a sponsorship or something, I don't know,
but I really think that we ought to try to figure out a solution to this, so that the promoter and the
public go away happy, and it's not one of these things where we hate each other, if there is any
way to avoid that, and I don't know, Mr. Manager, if you have any idea. I heard my colleague,
Commissioner Regalado make a recommendation. I don't know how that sounds or would be
accepted, but we definitely need a solution, and I would hope that we could come up with a
solution before we leave here tonight. I don't know if we need to come up with one this second,
but it would seem to me that the threat here appears to be that -- well, let me hear from you, Mr.
Martinez. What do you do plan to do?
Mr. Martinez: Well, I'm going to do whatever the Commission tells me to do. If you tell me
that I have to use the City services, and that I have no options, and you're going to offer me no
relief, then I'm going to have the cleanest track in town, because I'm going to have two -- double
the work force cleaning it, basically is what --
Sanchez: Mr. Chairman --
(INAUDIBLE COMMENT)
Mr. Martinez: Yes, we did.
Chairman Winton: Yeah, he signed a contract with them and paid them in the process, so.
Mr. Simmons: For three years, I might add.
Mr. Martinez: That's what I'm saying, so --
Commissioner Sanchez: I think the solution lies within both parties.
Vice Chairman Teele: In the what?
Commissioner Sanchez: Within both parties. I think that they should go outside and --
Chairman Winton: Go away and figure this out.
Commissioner Sanchez: -- and work an agreement where they could reduce, just like everybody
else has, and maybe this year add, you know, a savings to the Raceworks people -- well, I'm
sorry -- the promoters of the event, you know, in that process, but basically, you know, I'm not
going to support the City dishing out the money to pay for it, because I think the City has already
gone beyond, beyond the scope to assist Raceworks, so I think we made it very clear. We don't
want to make -- we want everyone to be treated equally. That, we agree on, but the bottom line
here is if they could sit down with Solid Waste and work something out --
144 September 25, 2003
Vice Chairman Teele: Yeah, but they don't -- see, I disagree. They don't have a contract with
Solid Waste. The contract with Solid Waste is with the City. They need to sit down with the
City. The Manager does not need to yield to the Solid Waste Union the right to start negotiating
on behalf of the City.
Commissioner Sanchez: No, but I think that they should be involved --
Vice Chairman Teele: They can sit in on it with the Manager --
Commissioner Sanchez: Yeah.
Vice Chairman Teele: -- but the decision has got to be a management decision, not a Solid
Waste decision.
Chairman Winton: Right.
Mr. Martinez: I mean, we have suggested they -- that we work with the City and that there's
some supplemental things so we can reduce, reduce the cost of the seventy-nine, and we can
work together.
Chairman Winton: I think that both Commissioners Regalado and Teele are on the right track,
and this can't be resolved tonight. I think, Mr. Manager, I think that you do need to get creative
and figure out how we can -- and it won't be done tonight -- but how we can really close this
gap, and I want to say something else about the race, and I want to say something about our
Police Department, and I want to start with the City of Miami Police Department. The traffic
getting into downtown yesterday was a nightmare. However, the Police Department did an
absolutely outstanding job. I've never seen them do as good a job at directing traffic once the
masses could finally get off of I-95 and get into downtown. They were on every, every corner,
directing traffic. They kept people moving, and, you know, if any of you have ever -- and I've
done this -- stand on the corner and stand with these guys and watch them directing traffic.
There's more lunatics that drive cars in Miami -Dade County than maybe anywhere in the world.
I mean lunatics, and these guys just did a great job. That said, however, Chuck, I think that next
year -- there's an interesting battle going on right now. The battle is -- I've talked to all the
hoteliers. The hoteliers had maybe the worst summer that they've ever had in the history of their
hotels in downtown Miami this summer. It was awful beyond belief. This race filled up all the
downtown hotels, so the impact to our businesses through caterers, limousine drivers, flower
deliveries, knickknack purchases, anything you can think of, the ripple effect to the little guys,
little, small mom and pop businesses in our City has really been dramatic due to this race, and
the impact on the hotels has been unbelievable. I mean, it's the first good occupancy they've had
since the spring, and that's a long dry spell, but the office market in downtown Miami, many of
them are really unhappy, because they can't get in and out of downtown. As good a job as the
Police Department has done -- Mr. Manager, I want you to hear this -- as good a job as the Police
Department has done once the traffic could get off of I-95 or State Road 836 into downtown,
they did a good job of moving people around once they got down. Next year, we have to do a
better job of getting the flashing signs up a week in advance on I-95 and on 836 telling people
that on this date, Biscayne Boulevard is shot down, take alternate routes. We've got to get maps
145 September 25, 2003
out sooner. We've got to promote mass transit. We've got to get the message out much, much
sooner, because, Chuck, if we don't, as happy as the hoteliers and many of the smaller businesses
in this City, as happy as they may be about the race, I could see a backlash coming against the
race due to the total disruption for people who own businesses in downtown or office in
downtown getting to their offices, and I've gotten a lot of calls about it, so I think that as a part
of your overall operation next year, you really have to work with the City and our Police
Department, further advancing in figuring out the whole traffic thing much further away from
downtown than just in downtown.
Mr. Arriola: Let me make a suggestion, see what the Commission feels. I'm thinking maybe
that if we could reduce the user's fee by thirty thousand dollars, nobody wins, but some people --
you know, we all leave a little upset instead of being very upset, so if -- I mean, that's a
suggestion. You asked me for a suggestion in bringing that to the table to consider, and I will
talk to Joseph and make sure that we work -- trying to get that price down a little bit.
Commissioner Sanchez: Before we entertain anything, I would like to know that at least they're
going to sit with you and reduce maybe a ten percent, just like the Police did and Fire did. I
mean, if it's fair, it's fair for everybody.
Mr. Arriola: Is that a commitment?
Commissioner Sanchez: Then, you know, if you have something else you want to put on the
table, you know, we'll prepare to do it but --
Commissioner Gonzalez: Mr. Chairman.
Chairman Winton: Mr. Regalado -- Commissioner Regalado had his hand up for a while.
Vice Chairman Teele: Before you do, I think Commissioner Sanchez asked a question. Are you
all willing to --
Mr. Simmons: Yes, we're willing to sit down. We've always been willing, but we've never
been invited to sit down with Raceworks.
Commissioner Sanchez: Mr. Chairman, I understand that, but that's not my question. Are you
prepared to sit down and negotiate to an agreement where you would have the same reductions
as Fire and Police did?
Mr. Simmons: Sure.
Mr. Arriola: That would be with Mr. Patterson, not really with the union, so I'll take care of that,
sir, yes.
Mr. Simmons: That would be Mr. Patterson. He's not --
Commissioner Sanchez: It's through you, but I mean they would --
146 September 25, 2003
Mr. Arriola: Yes.
Commissioner Sanchez: -- they would play an important part.
Mr. Simmons: Oh, definitely.
Commissioner Sanchez: I mean, they would sit down in the discussion.
Chairman Winton: Yeah, it's with the department. Yeah, it's going to work out. OK.
Mr. Arriola: I'm sure we'll come to a resolution.
Commissioner Sanchez: All fairness.
Chairman Winton: OK, Commissioner Regalado.
Commissioner Regalado: Chuck, how many millions is involved in putting up this event?
Mr. Martinez: Our total expenses are about six point four, six point three, in that range.
Commissioner Regalado: Six point million, and this is -- this circuit is important for CART,
right.
Mr. Martinez: It is important for all the series. It was the highest rated event for CART last
year, and the thing, Commissioners -- and I know a lot of you understand this -- it's not just the
race. It's the concerts, it's the festivals.
Vice Chairman Teele: Elton John.
Mr. Martinez: It's a lot of things that are going on, a lot of things that are going on. It's the
opportunity to put this City in front of millions of people around the world.
Commissioner Regalado: I understand --
Mr. Martinez: It's an event where businesspeople come in and do business, and they come in,
they entertain, they have hospitality, sponsors show their products. It showcases our City, and
when you go to a basketball game or a football game, you're sitting in an arena. When you see
this race, you see our City. You see the skyline.
Commissioner Regalado: And you work all year --
Mr. Martinez: Year round.
Commissioner Regalado: -- year round organizing this event. That is my point. My point is
when I said that the City made a mistake and the Manager challenged that, I don't think that he is
147 September 25, 2003
going to come up with this crazy idea of not using Solid Waste just to save thirty thousand bucks
with no one at least giving him some direction, so my point is, you know, we did make a
mistake, and we have to fix that. I am ready to support the races, because I think that the races is
a signature event as the Holiday Village for downtown Miami in all ways, shapes and forms, and
I am also willing to crash and burn for the people of Solid Waste, so this is what I'm saying.
You know, we need to correct this, this year. It cannot be -- the races cannot be a collateral
casualty. The Solid Waste people cannot be a collateral casualty. We should help and do the
right thing, and leave tonight here everybody happy, so I'm done, Mr. Chairman.
Vice Chairman Teele: Mr. Chairman we -- all right, we need to manage our time. We've got --
we're way into the day. We've got the Zoning agenda to do. We've got to finish the
Commission agenda and we've got budget, so we've got six hours of work to do, and it's about 5
o'clock or 7. What's the motion?
Commissioner Sanchez: Mr. Chairman I --
Commissioner Gonzalez: I just have an additional comment to make, because I --
Vice Chairman Teele: Additional comment?
Commissioner Gonzalez: Still, I don't understand what's going on.
Commissioner Sanchez: I have a motion.
Commissioner Gonzalez: They already signed a contract with a company -- right? -- to do the
service this year, right?
Mr. Martinez: Right.
Commissioner Gonzalez: What happens if you cancel -- can you cancel that contract --
Mr. Martinez: No. I would just -- I would have to use both companies this year.
Commissioner Gonzalez: They would have to use the City and the company.
Commissioner Regalado: And my motion -- if I have a motion -- well, you have -- but if I do a
motion --
Vice Chairman Teele: Before you do a motion, Mr. Manager, what is your recommendation?
We're going to vote on the Manager's recommendation, I would assume.
Mr. Arriola: Reduce the user fee by thirty thousand dollars and --
Commissioner Gonzalez: But anyway, they're going to have to pay double services. They're
going to have to pay the private company, and that -- that to me --
148 September 25, 2003
Mr. Arriola: Well, we just gave him the thirty thousand dollars to pay for it.
Commissioner Gonzalez: That is unfair. To me --
Commissioner Regalado: And that is my point. That is my point. He should not be the victim
here, because he probably acted in good faith when someone of authority told him, so my motion
will be for the City to pay all the expenses incurred by the Solid Waste Department and work
along with the other company in the cleanup of downtown Miami and its vicinity.
Commissioner Sanchez: That's close to a hundred thousand dollars.
Mr. Fernandez: Commissioners, if I may interject just a point of information.
Vice Chairman Teele: One moment. Is there a second to Commissioner Regalado's motion?
Commissioner Gonzalez.
Commissioner Gonzalez: I can't second that motion because for me to -- I mean, I'm willing to
support anything for next year. I'm willing to support anything that makes sense, but to pay -- to
force the City -- to put the City in a situation to pay for services that are not going to be utilized,
because if they already have the company that is going to clean up downtown, what is Solid
Waste going to do? And I have been a supporter of Solid Waste, and the Solid Waste personnel,
but, you know, I support them through the debates about the races and all of that, and the
bargaining agreement, but I -- you know, why should we penalize the City of Miami now, the
general fund after this gentleman already contracted a company? If you tell me this gentleman
can cancel his contract with the other company and we'll provide the services, I'll be willing to
support anything in that sense, but, you know, we're going to have two people picking up
garbage in downtown, and today -- the event starts today so --
Mr. Martinez: Tomorrow.
Commissioner Gonzalez: -- who's picking up today?
Mr. Martinez: The company we hired.
Commissioner Gonzalez: There you are.
Mr. Martinez: But the event starts tomorrow.
Commissioner Gonzalez: So what are we going to do? Are we going to send them out there at 6
o'clock?
Vice Chairman Teele: You've got to get behind the mike, sir.
Mr. Martinez: The event starts tomorrow. The event starts tomorrow. The private firm is here
already, and if we work with -- like I said -- with Solid Waste, we would basically have both
149 September 25, 2003
groups working together. We would make that work. We already have the operational plan in
place, so it would just -- ultimately, it would just be the loss for us.
Commissioner Gonzalez: Can you cut -- can you divide the service into -- I don't know -- four
hours and four hours or six hours and six hours?
Mr. Martinez: Or different areas.
Commissioner Gonzalez: Different areas?
Mr. Martinez: Yeah. I mean --
Commissioner Gonzalez: I'm willing to support that, some type of an arrangement like that, I'm
willing to support.
Mr. Martinez: And my understanding -- I'm not sure, Javier, when you discussed this with the
union if this was presented.
Mr. Fernandez: If I just may as a point of clarification. We've been dealing with this as an all or
nothing proposition that one entity would provide the service or the other, and we've planned for
both contingencies as such. By way of information to the Commissioners, just like -- you know,
Mr. Martinez' contract for the private company is about thirty-four thousand dollars, and I
recall --
Mr. Martinez: Thirty -one -five.
Mr. Fernandez: Thirty -one -five, to be exact. I believe the Manager's proposal would cover -- by
reducing his usage fee, which is in effect the cost -- the payment Raceworks would make for
using our venue for the event and City streets. If we reduce it by that amount, we would
basically keep him whole for the bulk of that additional cost he incurred, because of whatever
mistaken direction he was given, and we could move forward with using just Solid Waste to
provide the entirety of the services, which is what I think the Manager's recommendation, if I
could clarify it, would be.
Vice Chairman Teele: Sir, are you supporting the Manager's recommendation, Mr. Martinez?
Mr. Martinez: I'll take what I can get, Commissioner.
Vice Chairman Teele: Commissioner Gonzalez, can you support the Manager's
recommendation? Commissioner Sanchez, can you?
Commissioner Sanchez: That's the reduction of thirty thousand dollars pertaining to the user's
fee?
Vice Chairman Teele: Exactly.
150 September 25, 2003
Commissioner Regalado: What is the Manager's recommendation?
Vice Chairman Teele: Your motion, in effect.
Commissioner Sanchez: Look, I'm not going to get into stipulating who said who or who said
what, because apparently, the gentleman who said what isn't here anymore, so that's -- I'm not
even going to get into that.
Vice Chairman Teele: We're just trying to figure out a way out of this Commissioner.
Commissioner Sanchez: Well, I'm trying to figure out a way, but let me tell you, the burden
should not be held on the City, to be honest with you. It really isn't fair.
Vice Chairman Teele: The burden is clearly going to be on the promoter the way I read it.
Commissioner Sanchez: Well, it's going to be on the promoter. I mean we -- this City has -- not
only this City, but Bayfront Park and everyone has really assisted the Raceworks in many ways.
I mean, we've gone beyond to assist them to make sure that the race works. I mean, I am
prepared to take -- go through steps. I mean, the first step that I would support is a reduction,
just like Fire did and Police did that Solid Waste can do, and that's a savings from the start there.
Now, if there's no consensus among the Commission, then, yeah, you know, we'll go into the
thirty thousand dollar reduction for the user fee and that's what's going to vote here. I'm only
one vote, and it's going to take -- you know, it's going to take three votes to approve this. If the
three votes are here, then somebody needs to make a motion on the --
Vice Chairman Teele: Well, Commissioner Regalado has made the motion. Commissioner
Gonzalez, are you going to second it?
Commissioner Sanchez: Well, he made the motion for the entire thing, which is a hundred plus
thousand dollars.
Vice Chairman Teele: No, he didn't.
Commissioner Regalado: No.
Commissioner Sanchez: That -- well --
Commissioner Regalado: No. I made the motion for what -- the supplement for what is needed
to be paid to Solid Waste in terms of them not putting --
Commissioner Sanchez: Solid Waste is about seventy thousand. The other company is thirty-
one thousand. That's a hundred and one thousand dollars. Is that what you're recommending?
Vice Chairman Teele: No.
Commissioner Regalado: No.
151 September 25, 2003
Vice Chairman Teele: Let's start with the --
Commissioner Regalado: I made a motion to pay around thirty thousand dollars.
Vice Chairman Teele: That's the Manager's recommendation.
Commissioner Regalado: Which will eliminate the double pay. That's what I suggested.
Commissioner Sanchez: Well, Mr. Chairman --
Commissioner Gonzalez: We will eliminate the double pay.
Commissioner Regalado: Right.
Commissioner Gonzalez: We won't be paying --
Commissioner Sanchez: Sir, we have a long, voluminous agenda pertaining to the budget. I am
prepared for the sake of moving forward to second that motion.
Vice Chairman Teele: Moved and seconded. Mr. Attorney, do you have the motion?
Mr. Vilarello: Yes, and we can incorporate it within the amendment that is currently before you.
In addition to resolving the tax issue --
Vice Chairman Teele: Right.
Mr. Vilarello: -- it will be a one-time reduction in the use fee payable to the City for this year of
thirty thousand dollars, where fifty thousand dollars is otherwise required.
Vice Chairman Teele: You understand?
Mr. Martinez: Yes, I understand.
Vice Chairman Teele: We have a motion and a second. Do you all understand it?
Mr. Simmons: I just wanted to clarify one point. The agreement I read was for two years. I
don't want next year, we come back --
Mr. Martinez: No.
Vice Chairman Teele: Hold it.
Commissioner Sanchez: Now, wait a minute.
Mr. Martinez: No, no.
152 September 25, 2003
Vice Chairman Teele: We're only dealing with tonight now.
Mr. Simmons: OK.
Vice Chairman Teele: You know, let's don't lick the plate.
Commissioner Sanchez: Yeah, don't lick the plate now.
Mr. Simmons: That was a good one there.
Commissioner Sanchez: This is going to be a gravy year.
Vice Chairman Teele: All right, so we all have an agreement. We all have understanding. All
those in favor of the motion, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: Those opposed? And that is an amendment to the --
Mr. Fernandez: Revocable license.
Vice Chairman Teele: -- agreement that is before us by including that language.
Mr. Fernandez: Yes, sir.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 03-1050
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE REVOCABLE LICENSE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN RACEWORKS,
LLC, BAYFRONT PARK MANAGEMENT TRUST, AND THE CITY OF
MIAMI TO REDUCE THE AMOUNT OF THE CITY'S USE FEE BY $30,000
FOR THE 2003 RACE EVENT, "GRAND PRIX AMERICAS -DOWNTOWN
MIAMI" TO BE HELD SEPTEMBER 26-28, 2003, CLARIFY LICENSEE'S
LIABILITY RELATED TO THE PAYMENT OF ALL TAXES ASSOCIATED
WITH THE RACE EVENTS, AND TO REFLECT THE LICENSEE'S
CHANGE OF ADDRESS; MORE PARTICULARLY BY AMENDING
SECTIONS 11, 38 AND 53 OF THE AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
153 September 25, 2003
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman Johnny L. Winton
Vice Chairman Teele: And Mr. Manager, I would hope that you all would continue to work with
the promoter to see how we can minimize this. How much under the contract are they required
to pay the City? What is their fee to the City this year?
Mr. Fernandez: Again, Javier Fernandez, Senior Assistant to the Chief of Neighborhood
Services. I believe it's fifty thousand dollars in usage fee plus a dollar surcharge for every ticket
sold, and then -- actually, it is increased by CPI annually over the base year amount, so I believe
it's 1.8 percent this year so --
Unidentified Speaker: That's the City and the Bayfront Trust.
Mr. Fernandez: And the Bayfront also receives a usage fee of fifty thousand dollars and
accompanying ticket surcharge.
Vice Chairman Teele: Thank you all very much.
154 September 25, 2003
45. DEFER FOR 45 DAYS DISCUSSION CONCERNING CITY LICENSING PRACTICES
WITH INSTRUCTIONS TO COMMUNITY DEVELOPMENT ADMINISTRATION TO
WORK WITH NEIGHBORS AND NEIGHBORS ASSOCIATION TO HELP IMPLEMENT
TERMS OF GRANT AND COME BACK WITH RECOMMENDED TIMELINE AND WORK
PLAN; APPROVE EXTENSION OF PREVIOUS REQUEST OF COMMISSION TO
LIBERALIZE ENFORCEMENT CITYWIDE PENDING CLARIFICATION OF THESE
LICENSING ISSUES.
Vice Chairman Teele: All right. Now, did we have any of these other items, because what I'm
going to ask is that we defer any item that does not have to come up that's on the regular agenda,
other than the blue pages, unless they are important.
Commissioner Regalado: I didn't do my blue pages.
Vice Chairman Teele: Oh, we're not doing blue pages yet. Is Mr. Jones here?
Leroy Jones: Yes, sir.
Vice Chairman Teele: Can you do yours in 30 seconds?
Mr. Jones: Yes, sir.
Commissioner Sanchez: I doubt it.
Commissioner Regalado: Nothing can be done in 30 seconds.
Commissioner Sanchez: I seriously doubt it, that he could do it in 30 seconds --
Vice Chairman Teele: All right.
Mr. Jones: Thank you.
Commissioner Sanchez: -- but we'll give it a shot.
Vice Chairman Teele: The discussion -- number 31, the discussion on permitting, waterway
citywide --
Mr. Jones: Yeah.
Vice Chairman Teele: -- bus benches and abandoned buildings, those items, can those items be
rolled over to the next meeting?
Alejandro Vilarello (City Attorney): Not the waterway issue. There's an item that the
Administration wishes to bring up with regard to waterways.
155 September 25, 2003
Vice Chairman Teele: All right, not the waterway issue. All right, Mr. Jones, you're recognized
on Item number --
Mr. Jones: 28.
Vice Chairman Teele: -- 28.
Mr. Jones: Yes, sir. Good afternoon, Commissioners.
Vice Chairman Teele: Is the Finance Director here? Please. Item 28, go right ahead.
Mr. Jones: I do want to say -- Leroy Jones, 4055 Northwest 17th Avenue, Neighbors and
Neighbors Association. Since the last meeting in reference to the license requirements in the
Model City area, we have met with the occupational license director and the Finance
Department. We was waiting to receive some information from them. I just recently got a copy
of -- I'm sure this a draft -- or response and to be honest with you, Commissioner, I haven't really
had a chance because I just got it two minutes ago to review it, but I do want to say that we still
have some unsolved issues out of the meeting, though. We did agree to collectively work
together and have some workshops citywide to inform the businesses of the license requirements.
One thing I do want to say is that I understand that when new businesses is created in the City of
Miami, they're not fully aware and fully understand all the license that is required to operate in
the City of Miami, so it is a communication gap missing there. Also, since we last meet, use a
prime example, Ibo's (phonetic) market in the Overtown area. They was not long ago visited by
someone from the NET (Neighborhood Enhancement Team) office in Overtown, and instructing
now, they have to get a coffee license, a license to sell coffee, and when it actually really don't
sell coffee. They have a coffee machine for employees, but now it's getting to the point where --
now they have -- they have to give -- get a license for a coffee shop, not a license to sell coffee,
but the license is called a license for a coffee shop when it's actually a convenience store and it's
not a coffee shop, so where I do some -- see small changes in some areas, I still see things
happening with the license requirements that I think need to be addressed and need to be looked
at --
Vice Chairman Teele: OK.
Mr. Jones: -- so I can't really, really respond to the report because I just got the report a couple
of minutes ago --
Vice Chairman Teele: All right.
Mr. Jones: -- and to be fair with the license department and to be -- also be fair to the small
businesses, I would like to hope that you can defer this to maybe next month some time to give
us a chance to review it and sit down with them?
Vice Chairman Teele: All right. No. This is what we need to do --
Mr. Jones: OK.
156 September 25, 2003
Vice Chairman Teele: -- and where is Ms. Rodriguez or Linda Haskins. Linda -- Ms. Haskins,
Ms. Deputy Manager, Deputy Administrator, we need to deal with this very seriously. First and
foremost, Mr. Jones represents an organization that is funded by you all to deal with these things,
OK, but once we empower him and the management, we need for you all to meet and work these
things out. If there is a problem with communications, then the grant should make provision for
literature -- what's the grant, about three or four -- how much are we funding the organization?
Mr. Jones: Neighbors and Neighbors, $150,000.
Vice Chairman Teele: A hundred and fifty, and if we need more money for literature or that, we
need to do that, but we're empowering Neighbors and Neighbors to help us with this, but what
has got to happen is that the staff s got to work with Neighbors and Neighbors and not keep the
Commission in the middle of this because we literally wind up working for Neighbors and
Neighbors, when the staff needs to get it done, get it resolved. I mean, the I deal thing is that this
would never come back before the Commission; that the only thing would come before the
Commission will be a letter of commendation from Neighbors and Neighbors to the Finance
Director, so if there is a motion to defer this for 45 days, with instructions of the staff and
particular Community Development to get in the middle of this and to implement the terms of
the grant to ensure that the kind of information that Mr. Jones has identified adequately and aptly
-- because I had no idea that these people are being asked to have ice licenses -- this sounds like
something out of the, you know, turn of the century. You've got all these different licenses that
these vendors have to have, and I think we need to review some of these licenses. Microwave
license or something somebody said. If you operate a microwave, then you've got to have a
special license, and they charge City fees, so we need to get a good panel -- a good pamphlet
together that shows this, that does this, and -- I mean, this is something that we should do and
can do.
Linda Haskins: Commissioner, Linda Haskins, chief Financial Officer. We have been working
with the -- staff has been working with Community Development to work the terms of the grant.
We are going to participate in community meetings. We are putting a brochure together on this
and that will be part -- that is part -- intended to be part of the agreement.
Vice Chairman Teele: And once it's done, the same problem is going to be in the Cuban
community and in the Haitian community and -- I mean, this is an opportunity, I think, for some
leadership, Leroy --
Mr. Jones: Yes, sir.
Vice Chairman Teele: -- and these pamphlets should be clearly available to everyone, and it's
not just like I said, a District 5 or something. It's information that businesses need across the
board, so a motion to defer with instructions to the staff, Community Development, Finance, and
the appropriate directors to solve it and to come back with a recommended timeline and a work
plan.
Commissioner Sanchez: A period of how many days?
157 September 25, 2003
Vice Chairman Teele: Forty-five days.
Commissioner Sanchez: So move.
Mr. Jones: Commissioner --
Commissioner Regalado: Second.
Mr. Jones: -- can we keep the moratorium on Model City area?
Commissioner Regalado: You should.
Vice Chairman Teele: Well, with the further extension of the previous request of the
Commission relating to Model Cities. Do you accept that as an amendment?
Commissioner Sanchez: I don't quite understand what you're saying.
Vice Chairman Teele: There was a request by the City Commission -- it's not a moratorium. It
is a request by the City Commission to liberalize the enforcement, pending clarification of these
issues, which, for all practical purposes, sounds like a moratorium, but the lawyer said it's not.
Commissioner Sanchez: And it -- one specific area?
Vice Chairman Teele: It's in the area where the problem has occurred, that's right.
Commissioner Sanchez: And it's -- just to clarify it, is that the only area that we're having
problems with that or is it citywide that we're also having problems with that?
Scott Simpson (Director, Finance Department): Scott Simpson, Finance Department. This was
a --
Commissioner Sanchez: Because I mean, we issued license through the entire City, not only one
specific area, and it's not going to be fair to have a monitorium [sic] on one specific area
(UNINTELLIGIBLE) for 45 days, and then everyone else is having to comply with the
requirements of licenses.
Mr. Simpson: Yeah, and Scott Simpson, Finance Department. When this issue came up, we
stopped doing the inventory of verification citywide.
Commissioner Sanchez: Citywide, OK.
Mr. Simpson: That's correct. The enforcements with that -- was also citywide. It was just --
notices came out of this particular area.
Commissioner Sanchez: OK, so we would extend it for 45 days throughout the City?
158 September 25, 2003
Mr. Simpson: We -- that's what we have done --
Commissioner Sanchez: OK.
Mr. Simpson: -- as a matter of protocol.
Vice Chairman Teele: You accept that as an amendment to the motion?
Commissioner Sanchez: Yes, if it's citywide.
Vice Chairman Teele: Is there a second by Commissioner Regalado?
Commissioner Regalado: Yes, sir.
Vice Chairman Teele: Is there objection? All -- is there further discussion? All those in favor,
signify by the sign of "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: All opposed have the same right. The item --
The following motion was introduced by Commissioner Sanchez, who moved for its adoption:
MOTION NO. 03-1051
A MOTION TO DEFER FOR 45 DAYS DISCUSSION CONCERNING CITY
LICENSING PRACTICES WITH INSTRUCTIONS TO THE COMMUNITY
DEVELOPMENT ADMINISTRATION TO WORK WITH NEIGHBORS AND
NEIGHBORS ASSOCIATION TO HELP IMPLEMENT THE TERMS OF THE
GRANT AND COME BACK WITH A RECOMMENDED TIMELINE AND
WORK PLAN; FURTHER APPROVING AN EXTENSION OF A PREVIOUS
REQUEST OF THE COMMISSION TO LIBERALIZE ENFORCEMENT
CITYWIDE PENDING CLARIFICATION OF THESE LICENSING ISSUES.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Arthur E. Teele, Jr.
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
159 September 25, 2003
Vice Chairman Teele: Thank you very much, Mr. Jones --
Mr. Jones: Thank you, Commissioner.
Vice Chairman Teele: -- and continue the good work.
Mr. Jones: All right.
46. INCREASE OF $168,000 TO SCAVENGER BOAT CONTRACT FOR WATER WAY
CLEANING SYSTEM.
Vice Chairman Teele: Now, could we quickly figure out -- if staff would come forth on any item
that you need to be heard because we're going to bring the Chairman back when we get through
the --
Albert Dominguez: OK. Albert Dominguez, Department of Public Works. Item number 30 was
a discussion regarding the cleaning of the canals. It was requested that we make a report to you.
Vice Chairman Teele: Now, you've passed out a resolution --
Mr. Dominguez: That's correct.
Vice Chairman Teele: -- and what does the resolution request?
Mr. Dominguez: The resolution request an increase for $168,000 to the Scavenger boat, the
contract with US Pelican Company, provider of the Scavenger boat waterway cleaning system.
Vice Chairman Teele: And have you all -- now, this was Commissioner Gonzalez's issue before.
Commissioner Sanchez: I think he's in support.
Vice Chairman Teele: Is he comfortable with this?
Joe Arriola (City Manager): Yes.
Mr. Dominguez: Yes, he is.
Vice Chairman Teele: Is there --
Commissioner Sanchez: So move.
Vice Chairman Teele: -- a motion? Is there a second?
Commissioner Regalado: Second.
160 September 25, 2003
Vice Chairman Teele: Is there objection? Did you need to say anything else for the record?
Mr. Dominguez: No. It was also presented to Commissioner Winton and he was -- he also --
Commissioner Sanchez: Call the question.
Mr. Dominguez: -- expressed support.
Vice Chairman Teele: OK. Question's been called. All those in favor, signify by the sign of
aye.
Alejandro Vilarello (City Attorney): Mr. Chairman. I'm sorry.
Vice Chairman Teele: Hold the vote.
Mr. Vilarello: This is an extension of a sole source agreement.
Vice Chairman Teele: Requires a four-fifths vote?
Mr. Vilarello: So it requires a four-fifths agreement.
Vice Chairman Teele: All right, so we're going to have to hold this until we get a fourth person
that agrees with it. Here's Commissioner Gonzalez. Madam Clerk, call the roll --
Commissioner Gonzalez: Yes.
Vice Chairman Teele: Call the roll, Madam Clerk.
161 September 25, 2003
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-1052
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AN INCREASE, IN AN AMOUNT
NOT TO EXCEED $168,000, FROM $200,000 TO $368,000, IN THE
CONTRACT WITH USA PELICAN, INC. DB/A, WATER MANAGEMENT
TECHNOLOGIES, SOLE SOURCE PROVIDER, APPROVED BY
RESOLUTION NO. 03-593, ADOPTED MAY 22, 2003, FOR USE OF THE
SCAVENGER 2000 DEPOLLUTION VESSEL, FOR THE DEPARTMENT
OF MUNICIPAL SERVICES FOR SURFACE CLEANING OF THE CITY'S
WATERFRONT UTILIZING A UNIQUE PROPRIETARY PROCESS FROM
WATER MANAGEMENT TECHNOLOGIES; ALLOCATING FUNDS,
FROM PUBLIC WORKS OPERATIONS BUDGET ACCOUNT NO.
001000.311003.6.340 FOR THE INCREASE; AMENDING RESOLUTION
NO. 03-593, ATTACHED AND INCORPORATED, TO REFLECT SAID
INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Chairman Johnny L. Winton
Ms. Thompson: The resolution's been adopted 4/0.
Vice Chairman Teele: Now, can Item 31 be deferred till the next meeting? That's regarding
permitting process.
Commissioner Regalado: Yeah.
162 September 25, 2003
47. AUTHORIZE MANAGER TO EXECUTE AMENDMENT NO. 1 TO EXISTING
AGREEMENT WITH VILLAGE OF KEY BISCAYNE TO PROVIDE AUTOMATIC AID
AND ANCILLARY FIRE SERVICES TO VILLAGE OF KEY BISCAYNE, AND APPROVE
TO EXTEND TERM OF SAID AGREEMENT ON MONTH-TO-MONTH BASIS, NOT TO
EXCEED SIX (6) MONTHS, FROM OCTOBER 1, 2003 THROUGH APRIL 30, 2004.
Vice Chairman Teele: And can item -- is there any other item that we've not taken up, other than
the blue pages?
Joe Arriola (City Manager): We have one item, which is the extension of the contract with the
Village of Key Biscayne from the Fire Department. It's just an extension of a contract, and Chief
Bryson here will read into it.
Commissioner Sanchez: Are we doing pocket items?
Chief William Bryson: Bill Bryson, Department of Fire -Rescue.
Vice Chairman Teele: Why isn't this on the agenda?
Mr. Arriola: It just happened.
Chief Bryson: Well, sir, we've come to the -- down to the final wire. We've been talking
department to department with Key Biscayne, and we just need an extension to clean it up -- to
finish up for the next five-year deal.
Vice Chairman Teele: Yeah, but why isn't something like this on the agenda?
Chief Bryson: I guess because we ran short of time, sir. Key Biscayne actually -- neither party
jumped the gun --
Vice Chairman Teele: This is technically a pocket item?
Mr. Arriola: Yes, sir.
Vice Chairman Teele: Commissioner Sanchez, would you like to move this item at the request
of the Manager, or Commissioner Gonzalez?
Chief Bryson: If we don't move it, we lose revenue and --
Commissioner Sanchez: So move.
Chief Bryson: --we just want an interim period.
Vice Chairman Teele: Moved by Commissioner Sanchez.
Commissioner Gonzalez: Second.
163 September 25, 2003
Vice Chairman Teele: Second by Commissioner Gonzalez, and this is a request for a contract
extension with the Village of Key Biscayne for the provision of fire services -- automatic aid and
ancillary fire services, in the amount of $229,998, is that correct?
Chief Bryson: Well, it's an amount -- in other words, the contract stays in effect, so that would
be what it is for the next six months. We anticipate having this done much before that time, sir.
Vice Chairman Teele: Is there objection?
Mr. Arriola: No (UNINTELLIGIBLE).
Vice Chairman Teele: All those in favor, signify by the sign of "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: All those opposed.
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-1053
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FIRST AMENDMENT TO AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND VILLAGE OF
KEY BISCAYNE FOR FIRE, RESCUE, AUTOMATIC AID AND
ANCILLARY SERVICES AT THE VILLAGE OF KEY BISCAYNE,
FLORIDA ("AGREEMENT"); AND APPROVING AN EXTENSION IN THE
TERM OF THE AGREEMENT ON A MONTH -MONTH BASIS, NOT TO
EXCEED SIX MONTHS, FROM OCTOBER 1, 2003 THROUGH MARCH 31,
2004.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Chairman Johnny L. Winton
164 September 25, 2003
Vice Chairman Teele: Mr. Manager --
Commissioner Sanchez: Are we --
Vice Chairman Teele: -- Mr. Springs or somebody should not let something like this not be on
the agenda. This is --
Mr. Arriola: Absolutely, but this -- I think we were -- not fighting, working with the Village of
Key Biscayne; the contract was over, and we really had to bring it in in the last moment because
we couldn't get them to agree to anything.
Vice Chairman Teele: Thank you. Thank you so much. Planning and Zoning issues. Is there
any request to -- ?
Commissioner Sanchez: There's another from plan --
Vice Chairman Teele: There are some supplemental items on the agenda. We did 5.1.
Priscilla A. Thompson (City Clerk): Yes.
48. TABLED: PROPOSED INJUNCTIVE RELIEF TO ENSURE CITY CODE
COMPLIANCE OF VIOLATIONS RELATED TO RECREATIONAL EQUIPMENT/MOBILE
TRAILER AND CARPORT WHICH ENCROACH INTO REQUIRED SETBACK OF
PROPERTY LOCATED AT 2197 SOUTHWEST 10TH STREET.
Vice Chairman Teele: This is 5.2. What is 5.2, injunctive relief? What is that, Mr. Attorney?
Alejandro Vilarello (City Attorney): S.2 is a request by the Administration to authorize me to
seek injunctive relief on a code enforcement matter where the normal enforcement process has
not been successful.
Vice Chairman Teele: Has this been discussed with the Commissioner's district?
Mr. Vilarello: This is 2197 Southwest 10th Street. This Commissioner Regalado's district.
Vice Chairman Teele: All right. Let's temporarily pass that item until he's on the dais. OK, and
the budget item we're not going to take up until the budget item comes.
165 September 25, 2003
49. FIRST READING ORDINANCE: RESCIND ORDINANCE NOS. 12332, 12333, AND
12346, AMEND ORDINANCE NO. 10544, MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN; AND SUBSTITUTE IN LIEU THEREOF NEW ORDINANCE, INCORPORATING
RESCINDED AMENDMENTS IN AN UNCHANGED, UNIFIED FORMAT AS SINGLE
AMENDMENT TO ORDINANCE NO. 10544, MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, UPDATE TRANSPORTATION ELEMENT, ADD SPECIFIC
POLICIES ASSOCIATED WITH NEW PARK IN LITTLE HAITI AREA, AND ADD NEW
LAND USE CLASSIFICATION ENTITLED "LIGHT INDUSTRIAL" (Applicant(s): Joe
Arriola, Chief Administrator).
Vice Chairman Teele: Planning and Zoning.
Commissioner Sanchez: When are we going to take on the pocket items, after -- ?
Vice Chairman Teele: Well -- but we don't need to take pocket items until --
Commissioner Sanchez: No, no, it's all right.
Vice Chairman Teele: Budget -- Planning and Zoning -- Mr. Chairman --
Chairman Winton: Yes, sir.
Vice Chairman Teele: -- I would like to move Item number 18, Planning and Zoning, is that
right?
Chairman Winton: Eighteen. Hold on here.
Commissioner Sanchez: It's a public hearing.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. For PZ. 18 I'd like to read an
amendment into the record. PZ.18 is a rescission and a readoption of some comprehensive plan
amendments.
Commissioner Regalado: Excuse me. Excuse me. What -- I wasn't here when --
Vice Chairman Teele: You didn't miss anything. We didn't take up anything that related to you.
Commissioner Regalado: Oh, OK. Thank you.
Commissioner Sanchez: Exactly what does this amendment do?
Ms. Slazyk: What this amendment does is it rescinds and readopts three comprehensive plan
amendments that were made over the past year and change. This is something that we're doing
in order to be able to continue certain other planning efforts that are going on in the City right
now with regards to DCA (Department of Community Affairs) and comp. (comprehensive) plan
amendments, one of them in particular being the Buena Vista amendment that we brought before
166 September 25, 2003
you at the last hearing. There is one amendment I'd like to read for this item into the record that's
regarding the Little Haiti Park. If you recall, we amended the comp. plan about a year ago to add
an objective and a policy to create a park in the Little Haiti area. Subsequent to that approval,
the City Commission adopted a resolution making the area for consideration for a park in Little
Haiti smaller than the original adoption, and what I'd like to do is read the new boundaries, as
approved by the City Commission, into the record, so that when we rescind and readopt this
ordinance, the new boundaries will become part of the comp. plan instead of the original old
boundaries, so in attachment -- the attachment B in your package, what I would like to do is read
an amended boundary by making Northeast 64th Terrace the northern boundary between
Northeast 2nd Avenue and Northeast 4th Avenue, and excluding the area east of Northeast 4th
Avenue between Northeast 62nd Street and Northeast 67th Street. That is the exact language
from the City Commission resolution, which amended the boundaries of the Little Haiti --
Vice Chairman Teele: All right.
Ms. Slazyk: -- Park area.
Vice Chairman Teele: All right, and I want to apologize to anyone in the public because this was
done in May and the notice went out -- and I know it looks like the City is speaking with forked
tongue, and that's why I'm trying to get it so that everybody that is here to come and say "don't
double-cross us again" doesn't have that fear, so this is a public hearing. Any person desiring to
be heard on this item, as amended and read into the record, as amended, should come forth at this
time. All right, there are no persons coming forth. The public hearing on this item is closed. Is
there a motion to adopt the comp -- the first -- the ordinance for first reading?
Commissioner Regalado: Move it.
Commissioner Gonzalez: Move.
Joel Maxwell (Deputy City Attorney): As amended.
Vice Chairman Teele: As amended. Moved and seconded. Moved by Commissioner Regalado,
second by Commissioner Gonzalez. Is there further discussion? Madam Clerk, call the roll.
Mr. Maxwell: It's an ordinance, Mr. Chairman.
Vice Chairman Teele: I'm sorry. Mr. Attorney, read the ordinance.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Vice Chairman Teele: All right, Madam Clerk.
Priscilla A. Thompson (City Clerk): Roll call.
167 September 25, 2003
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RESCINDING ORDINANCES NO. 12332, 12333, AND
12346, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN; AND SUBSTITUTE IN LIEU
THEREOF THIS NEW ORDINANCE, INCORPORATING AND
RESCINDING AMENDMENTS IN AN UNCHANGED, UNIFIED FORMAT
AS A SINGLE AMENDMENT TO ORDINANCE NO. 10544, AS AMENDED,
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, UPDATING THE
TRANSPORTATION ELEMENT, ADDING SPECIFIC POLICIES
ASSOCIATED WITH A NEW PARK IN THE LITTLE HAITI AREA,
ADDING A NEW LAND USE CLASSIFICATION ENTITLED "LIGHT
INDUSTRIAL"; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was
passed on first reading, by title only, by the following vote:
AYES: Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Chairman Johnny L. Winton
Ms. Thompson: The ordinance is passed on first reading, 4/0.
Vice Chairman Teele: All right. The first item on the -- and again, would you just come and
identify yourself for the record? I apologize. I --
Commissioner Regalado: Mr. Chairman.
Vice Chairman Teele: Hold on.
Marco Azucar: Yes, Commissioner. My name is Marco Azucar. I represent -- I am one of the
owners of Selugal Clothing at 6301 Northeast 4th Avenue.
Vice Chairman Teele: And I just wanted to say for the record again that the affected parties were
here in numbers before. We worked out a compromise, somehow that didn't get picked up and it
gives the impression that government is going back, and I appreciate you're being so
professional in allowing us to clarify the record.
168 September 25, 2003
Mr. Azucar: I appreciate it. I only want to -- one word. I am concerned with the light industrial.
I don't think it -- if it is the right time to do it, but they wanted to do -- change the zoning, which
also will hurt us as a business owner because we use heavy equipment in that and several other
things that will affect us from the light industrial to the --
Commissioner Sanchez: It doesn't affect --
Vice Chairman Teele: Doesn't affect you now.
Ms. Slazyk: No.
Commissioner Sanchez: No, it doesn't affect --
Mr. Azucar: Yeah, but I'm saying -- I just want -- but that's my only other concern.
Vice Chairman Teele: OK.
Commissioner Sanchez: It doesn't down zone.
Vice Chairman Teele: OK. Well, it'll come up on second reading again and you'll have a good
opportunity to work with your very capable lawyer and work it out, and I --
Mr. Azucar: I understand.
Vice Chairman Teele: -- appreciate your lawyer being so helpful.
Mr. Azucar: I appreciate all. Thanks.
Vice Chairman Teele: Would everyone who plans to testify during the Planning and Zoning
portion please stand, raise your right hand; be sworn. Sir, would you also stand and raise your
right hand again?
THE CITY CLERK ADMINISTERED OATH REQUIRED UNDER CITY CODE
SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Ms. Thompson: Thank you.
169 September 25, 2003
50. REMAND TO PLANNING ADVISORY BOARD PROPOSED ORDINANCE ON
SECOND READING TO AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY
AMENDING SECTION 946 ENTITLED "PUBLIC STORAGE FACILITIES" TO ADD
DISTANCE LIMITATIONS FOR SUCH FACILITIES WHEN LOCATED WITHIN C-1
RESTRICTED COMMERCIAL ZONING DISTRICTS.
Vice Chairman Teele: PZ. 1. Yes, ma'am.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Teele: Commissioner Regalado.
Commissioner Regalado: PZ. 17, so we get it out of the way.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes.
Commissioner Regalado: I have talked to Ana and --
Chairman Winton: Well --
Commissioner Regalado: -- So I have a motion to remand the item back to the Planning
Advisory Board; further directing the Administration to amend the legislation to add distance
limitations between --
Vice Chairman Teele: Is there objection to the remand on PZ. 17 by anyone present? If not,
there's a motion. Is there a second?
Commissioner Gonzalez: Second.
Vice Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye."
The Commission (Collectively): Aye.
Vice Chairman Teele: All opposed have the same right.
170 September 25, 2003
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 03-1054
A MOTION TO REMAND TO THE PLANNING ADVISORY BOARD
PROPOSED ORDINANCE ON SECOND READING TO AMEND
ORDINANCE 11000, AS AMENDED, THE CITY'S ZONING
ORDINANCE, BY AMENDING ARTICLE 9, SECTION 946 ENTITLED
"PUBLIC STORAGE FACILITIES" TO ADD DISTANCE LIMITATIONS
FOR SUCH FACILITIES WHEN LOCATED WITHIN C-1 RESTRICTED
COMMERCIAL ZONING DISTRICTS; FURTHER DIRECTING THE
ADMINISTRATION TO AMEND LEGISLATION TO ADD DISTANCE
LIMITATIONS AND COME BACK TO THE COMMISSION WITH A
REPORT ON THE CITYWIDE IMPACT.
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.
Vice Chairman Teele: The item is remanded.
Commissioner Regalado: Thank you.
171 September 25, 2003
51. DIRECT MANAGER TO SUPPORT PARTICIPATION OF MEMBERS OF
COMMUNITY RELATIONS BOARD (CRB) AS GOOD WILL AMBASSADORS DURING
FREE TRADE OF AMERICAS (FTAA) MEETINGS IN DOWNTOWN MIAMI
SCHEDULED FOR NOVEMBER 2003; DIRECT MANAGER TO INSTRUCT OFFICE OF
COMMUNICATIONS TO ARRANGE MEDIA TALK SHOWS WITH CRB MEMBERS TO
HAVE GREATER COVERAGE OF CITY PLANS RELATED TO FTAA MEETINGS.
Vice Chairman Teele: PZ (Planning & Zoning) number 1, Mr. Chairman.
Chairman Winton: OK. Now, didn't -- aren't we supposed to do budget at 5? That was time
certain, Madam Clerk.
Commissioner Regalado: 5 a.m.
Vice Chairman Teele: And you've got a time certain on this at 3.
Chairman Winton: Which one is that?
Vice Chairman Teele: PZ, the whole PZ.
Chairman Winton: Oh, yeah, but --
Commissioner Regalado: Yeah, but, Johnny, you've got a lot of people here --
Chairman Winton: OK, fine.
Commissioner Regalado: -- on PZ.
Chairman Winton: OK, I'm with you, but there is one request that Commissioner Gonzalez had,
because we have some attorneys that may be on our ticket out there that --
Commissioner Gonzalez: Members of the CRB (Community Relations Board), who -- you
know, they are attorneys and they've been sitting in here waiting for a blue page --
Vice Chairman Teele: Budget item?
Commissioner Gonzalez: Commissioner Regalado.
Chairman Winton: No. It was the --
Commissioner Gonzalez: It's a blue page of Commissioner Regalado.
Chairman Winton: I think it was your blue page item, wasn't it?
Commissioner Regalado: It's just a very brief thing about the role of the CRB on the upcoming
FTAA (Free Trade Area of the Americas) meetings and protests, and it's important that we
172 September 25, 2003
define here now what the City -- what the City Commission wants from the CRB because
although this is a police matter, the CRB is the most effective tool that we have to defuse any
problem, and we need to either support their role or say we don't want you, you know, because
they cannot be here and there and meeting with the Police and not being involved in the
planning, so --
Commissioner Gonzalez: Mr. Chairman, I'd like to recognize Mr. Jack Blumenfeld, who's the
Vice Chairman of the CRB.
Chairman Winton: CRB.
Jack Blumenfeld: Vice Chairperson.
Commissioner Gonzalez: Vice Chairperson.
Mr. Blumenfeld: Commissioner, we've had a very strong role so far.
Chairman Winton: You have to put your name on the record --
Mr. Blumenfeld: OK, I'm sorry.
Chairman Winton: -- please, and address.
Mr. Blumenfeld: Jack Blumenfeld, 9130 South Dadeland Boulevard. I'm Vice Chair. I'm
appearing on behalf of our chairperson, Brenda Shapiro, who's enjoying a well-deserved
vacation. However, we have been very involved in planning with respect to FTAA. We have
facilitated and sat in on meetings between applicants for permits and the Police. We got a
tremendous amount of cooperation from the Police in attempting to bring them together and
resolve disputes the appropriate way. We memorialize it and we've been -- continue to do that.
We've also created a Goodwill Ambassador program and it recruited among City employees.
Goodwill Ambassadors, we had our tryouts, so to speak, or what we call our pre -season game at
Latin Grammys, and they -- and our plans are to increase the size of it. They will be among the
protesters and demonstrators and the crowds during the events at FTAA -- not only FTAA, but
that's what we're talking about now -- handing out brochures, assisting people, and just making
sure that there is a -- independent parties there to assist the Police and assist the demonstrators.
We will, incidentally, since the ordinance was deferred this morning, be working with the City
Attorney's office and the other groups that are opposing to try to get together and resolve what
ordinance is necessary that everybody can live with, so we're actively -- we kind of put our
personal and business lives in a back burner to make this come about.
Commissioner Regalado: Mr. Chairman, I have a motion. Motion by the City Commission to
direct the Administration to use the CRA (Community Redevelopment Agency) [sic]; that
beginning --
Chairman Winton: CRB.
173 September 25, 2003
Commissioner Sanchez: CRB.
Commissioner Regalado: I'm sorry, the CRB.
Commissioner Sanchez: CRA.
Commissioner Regalado: -- beginning -- CRA, no -- in the first week of October; that CRB will
have a regular program on Miami TV (television) explaining to the viewers, the residents, in
three languages, what is going to happen. Because if you don't read Miami Today or the Herald
in Spanish, you don't know what even -- you don't even know what is FTAA or ALCA (Area de
Libre Comercio de las Americas) or whatever. People are not aware. They have heard that they
are coming to Miami, some people that crash Seattle, but that's all. We need to tell the people
what's going on. That is a motion that in -- during October, until the first week of November,
Miami TV will be available for the CRB board to have discussions and panels live or live on tape
regarding this. The second motion is that the Goodwill Ambassadors will be used in advance to
do precisely what you requested about downtown Miami. There's going to be many street
closures. There's going to be some problems, and the Goodwill Ambassador should be
supported by the staff to visit the stores and the business, and explain to the downtowners what is
going to happen, and also that the Administration will do a staff supporting in order -- from the
Communications Department -- for the City to arrange media talk shows with CRB board
members so they can go out into the media and explain what is going to happen. I think that if
we present this image of citizens and not police officers with so many stars, it would be a much
better image that we will have when explaining the possible confrontation, but also the good
things that the FTAA is going to bring because that is what the CRA -- CRB --
Commissioner Sanchez: CRB.
Commissioner Regalado: -- is for.
Chairman Winton: Would you combine that into one motion, please?
Commissioner Regalado: It's one motion.
Chairman Winton: OK.
Commissioner Regalado: The motion --
Commissioner Gonzalez: Second.
Chairman Winton: Need a second.
Commissioner Regalado: -- is to use Miami TV, starting October 1, to have the Goodwill
Ambassadors visit the downtown area business, with the support of the staff of the
Administration; to have the staff of the Administration coordinate media programs in all the
media outlets that we're going to do that for the Community Relations Board members.
174 September 25, 2003
Chairman Winton: Jack.
Mr. Blumenfeld: Two things. One, if you would, if we could move the TV program to mid-
October. FTAA doesn't start until the third week in November, and it'll give us an opportunity
to gear up. Secondly, with respect to meeting with the downtown business people and the like,
other than what the Police have been doing also, it's not that we didn't envision the role of the
Goodwill Ambassadors to do that; we intended for our board members and our board staff to be
doing that. We think it's our responsibility to meet with the -- with your constituents and to
explain what's going on. That's another group that needs to be considered when we're trying to
bring all the disparate groups together to one end, so --
Chairman Winton: Do you accept those modifications?
Commissioner Regalado: Yeah, sure.
Chairman Winton: OK, so we have a motion and a second, with modification. 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. 03-1055
A MOTION DIRECTING THE CITY MANAGER TO SUPPORT THE
PARTICIPATION OF THE MEMBERS OF THE COMMUNITY RELATIONS
BOARD (CRB) AS GOOD WILL AMBASSADORS DURING THE FREE
TRADE OF THE AMERICAS (FTAA) MEETINGS IN DOWNTOWN MIAMI
SCHEDULED FOR NOVEMBER 2003; FURTHER DIRECTING THE CITY
MANAGER TO MAKE AVAILABLE THE CITY'S CABLE CHANNEL,
MIAMI TELEVISION, BEGINNING IN THE MIDDLE OF OCTOBER 2003 IN
ORDER FOR THE CRB MEMBERS TO HAVE DISCUSSIONS OR PANELS
TELEVISED LIVE OR LIVE ON TAPE, TO EXPLAIN TO THE PUBLIC IN
THREE LANGUAGES WHAT IS GOING TO HAPPEN RELATED TO THE
FTAA; FURTHER DIRECTING THE MANAGER TO OFFER STAFF
SUPPORT TO THE GOOD WILL AMBASSADORS WHO WILL NOTIFY
DOWNTOWN BUSINESSES ABOUT PLANS FOR THE FTAA MEETINGS;
FURTHER DIRECTING THE MANAGER TO INSTRUCT THE OFFICE OF
COMMUNICATIONS TO ARRANGE MEDIA TALK SHOWS WITH CRB
MEMBERS TO HAVE GREATER COVERAGE OF CITY OF MIAMI PLANS
RELATED TO THE FTAA MEETINGS.
175 September 25, 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 Tomas Regalado
Commissioner Joe Sanchez
Commissioner Angel Gonzalez
NAYS: None.
ABSENT: None.
Chairman Winton: Jack, sounds like you're doing a great job, and thank you all.
Mr. Blumenfeld: Yes.
Chairman Winton: Sounds like you guys --
Mr. Blumenfeld: There's a bunch of us here.
Chairman Winton: -- are really on top of it. It's very exciting.
Mr. Blumenfeld: Thank you.
Chairman Winton: Great. Thank you.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: OK, PZ. 1. Yes.
Commissioner Sanchez: This item is concerning the role of the CRB and the Civilian
Investigative Panel.
Commissioner Regalado: I am pulling that item --
Commissioner Sanchez: Oh.
Commissioner Regalado: -- because the CIP (Civilian Investigative Panel) voted not to
participate.
Commissioner Sanchez: OK, just --
Mr. Blumenfeld: But -- just to -- since we share -- our chairperson's also a member of the CIP.
In fact, I believe they voted not to monitor or observe --
176 September 25, 2003
Commissioner Sanchez: It does --
Mr. Blumenfeld: -- so it -- during the --
Commissioner Sanchez: They just play it --they both playa different role.
Mr. Blumenfeld: Exactly.
Commissioner Sanchez: Very different.
Mr. Blumenfeld: Exactly.
Commissioner Sanchez: We need to understand that.
Chairman Winton: OK.
Mr. Blumenfeld: Thank you.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Gonzalez: Thank you, Jack.
Vice Chairman Teele: I did not discuss this, but before you leave, I really think it's important
that the City Manager and the Police Chief give the CRB the amount of -- the necessary face
time, and it's really important, I mean, that the CRB not be out there operating and in a vacuum
and in isolated -- I mean, if the manure hits the fan, we're going to need everybody's help, and it's
no need in pointing fingers after the fact. Now is the time to establish those relationships, and
it's critical that the Police Department --
Commissioner Sanchez: They stated that on the record.
Vice Chairman Teele: Frank -- it's really important that the Police Department and the Manager
work closely with the CRB. Hopefully, nothing will come of all of this, but if something does,
we need to have the plan and we need to have the resources and everybody needs to know the
plan going in, so I'm very much supportive of what Commissioner Regalado is proposing, but I
think the critical element is not the CRB. The critical element is the Police Department and the
Manager giving them the access, giving them the resources and the stature, if you will, to be able
to assist this community.
Mr. Blumenfeld: Commissioner, in that respect, they're ahead of the curve. With respect to
resources, coincidentally, we have a budget item for our budget for this year, and it anticipates
that. I want you to know that we have had more than ample support both from the
Administration and from the Police Department. We are included in all the meetings they have
with permits. We are given copies, and in fact, a few -- at least a month ago, Chief Fernandez
177 September 25, 2003
himself came to our meeting and addressed us, so we have been meeting with the Police on a
regular basis; will continue to do that, so we've had more than ample support from the City, and I
feel that we're being able to do our job, and I think that we're going to have a successful event
because of that.
Vice Chairman Teele: Thank you for putting that on the record, and the deputy is sitting right be
-- standing right behind you acknowledging your words.
Mr. Blumenfeld: Thank you. We have a number of board members. Can they identify
themselves as in support, please?
Vice Chairman Teele: Johnny.
Chairman Winton: Yes, they may, please.
Miguel de la O: Miguel de la O.
Elena del Monte: Elena del Monte.
Teresa Zorilla: Teresa Zorilla.
Willie Leonard: Pastor Willie Leonard, CRB.
Sam Feldman: Sam Feldman.
Mr. Blumenfeld: And our chairperson, Brenda Shapiro, is here in spirit.
Chairman Winton: Great.
Mr. Blumenfeld: Thank you. Oh, our coordinator will not send us e-mails unless I give her
name, Ada Rojas.
Chairman Winton: Thank you all very much.
Mr. Blumenfeld: Thank you.
Chairman Winton: And Mr. Manager, it was -- Madam Manager, it was a -- I've only been here
four years. The comments here about the interconnectivity between that board and what's going
on with City staff, I've never heard that kind of comment ever. It's unprecedented; very exciting,
because usually, there's a total disconnect between staff and independent boards. This was a
unsolicited -- we had real good comments coming back about Administration working with the
board, and from a policy standpoint up here, we're thrilled to hear that kind of thing, so thank
you all.
178 September 25, 2003
52. APPROVE WITH CONDITIONS, SUBSTANTIAL MODIFICATION TO MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 13,17 AND 22 OF ZONING ORDINANCE
NO. 11000 FOR CORAL STATION PROJECT, TO BE COMPRISED OF MIXED-
USE/RESIDENTIAL BUILDING WITH UP TO 443 UNITS, 74,880 SQUARE FEET OF
COMMERCIAL USE (REDUCED FROM 208,986 SQUARE FEET ORIGINALLY
APPROVED, RECREATIONAL AMENITIES AND 1,094 PARKING SPACES; SAID
MODIFICATION BEING DEEMED SUBSTANTIAL ONLY FOR PHASE II OF SAID
PROJECT AT 104 SW 13TH STREET, 101 SW 15TH ROAD AND 1420 SW 1sT COURT.
(Applicant(s): Coral Station Ltd., c/o BVT Development Corporation).
Chairman Winton: PZ. 1.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.1 is an amendment to a Major Use
Special Permit for the Coral Station project. The primary purpose of this amendment is to allow
a change in program. If you recall, the Coral Station project was approved with one residential
tower and one office tower. The request before you is to reduce the north tower commercial
from 208,986 square feet to 74,880 commercial square feet in order to increase by 78 loft units in
that north tower. The change will result in no parking loss or gain overall. There's a reduction in
FAR (floor/area ratio), and because of how the program was shifted around, there's even a
reduction in the parking pedestal height. It's been recommended for approval by the Planning
and Zoning Department and by the Planning Advisory Board.
Judy Burke: Good evening, Mr. Chairman, members of the Commission. My name is Judy
Burke, practicing law with Shutts and Bowen, 201 South Biscayne Boulevard. I'm here on
behalf of the applicant, Coral Station Limited. We're requesting a modification of the Major Use
Special Permit, which approved the development of a mixed-use project known as Coral Station
at Brickell Way. By way of background, the approval process in this project commenced in the
summer of 2001. As you may recall, there was some controversy regarding the project, and
concerns were raised by the Miami Roads Neighborhood Civic Association and the South Miami
Avenue Homeowners' Association. After numerous meetings with the associations and
substantial changes to the project, this Commission approved the project on June 27, 2002. The
approved project consisted of a residential tower with 365 units, a shared parking facility, and an
office building with approximately 200,000 square feet; over two stories of retail. Unfortunately,
because the approval process took so long, by the time it was approved, the market for office use
in that area had substantially diminished, and although they had the approval that they wanted,
they needed to modify the project to conform to market conditions. This time, when we have the
revised plans completed, we went first to the homeowners association to gain their support. We
showed them our plan to reduce the height of the office tower from 241 feet to 199 feet, and to
change the use of a portion of the project from approximately 200,000 square feet of office to 78
residential condominium loft units. We also advised them that the proposed modification
generated substantially fewer trips than the original approved plan. The trips decreased by
1,500, from 6,406 to 4,906. After obtaining approval from the associations, we submitted the
modified plans for the project to the Planning Department. The Department advised us that all
the physical changes that we were making to the project were deemed to be nonsubstantial and
they issued a determination, but only a portion of the requested modification would require
Commission approval, and that was the actual change of the office use to the residential use, and
179 September 25, 2003
that was not because residential is not permitted, because this is SD -7 and it's clearly permitted,
but the Planning Department thought, since there was a change in the program, that it would be
best to bring it back by the Commission for approval of that portion. The Planning Advisory
Board voted to approve the project. Your professional staff is recommending approval. Our
architect, Burt Leon, with the firm of Revuelta Vega Leon, is with us this evening, and if you
have any desire to see the modified project plans, we'll be happy to show them to you or answer
any questions you might have.
Chairman Winton: PZ. I's a public hearing. Anyone from the public like to speak on PZ. I? Yes,
sir.
Robert McCabe: Robert McCabe, 1601 South Miami Avenue, on behalf of the South Miami
Avenue Homeowners' Association. Two points, but the first I want to say is we're here when we
have something to complain about, and I did want to say that we were extremely pleased with the
way this organization dealt with the homeowners with regard to this modification, so I simply
wanted to make that comment, and we endorse the changes. The other comment I want to make
is in the context of what I think will be a general problem in the inner city areas of the City, and
that is in construction parking. We have increased problems keeping construction parking out of
the neighborhoods, and I just want to be sure that this project understands the obligation to not
only provide parking, but to see to it their people don't park in the residential neighborhoods. I
want to say that Park Place has agreed to use an off-duty policeman in the morning when the
workers are coming to work to indicate to them that they're not to park in those areas, and that is
all I had to say, but that's -- I hope that whatever way produce the permits, that it's clear that that
obligation is on the part of the builders and that we'll have that, and with that again, I want to
thank them for doing a very nice job and very thoughtful job of going over the project with us.
Chairman Winton: Thank you. Lourdes, would you like to respond to the parking issue?
Ms. Slazyk: Yes. Since -- we've learned a lot from the Brickell boom, the amount of
development in the Brickell area, and we have tight ended up quite substantially on developers
when they come in for their building permits to turn in the construction operational plan. They
have to give us everything from maintenance plans, noise attenuation plans, to construction
parking plans with enforcement policies --
Chairman Winton: Bob, are you hearing this, by the way?
Mr. McCabe: Yeah.
Chairman Winton: Are you hearing this? OK, good.
Ms. Slazyk -- and the newest thing we've started doing is sending those parking plans to the
NET (Neighborhood Enhancement Team) administrators so that the NET administrators are fully
aware, before construction begins, where this is supposed to happen so if it isn't, we can go after
the developers with enforcement or rescission, if necessary --
Chairman Winton: Great.
180 September 25, 2003
Ms. Slazyk: -- so we're tightening up.
Chairman Winton: OK.
Mr. McCabe: Thank you.
Chairman Winton: Anyone from the public like to speak on PZ. P If not, we'd like to close the
public hearing.
Commissioner Sanchez: So moved.
Chairman Winton: Need a motion. Got a motion.
Commissioner Gonzalez: Second.
Chairman Winton: Second.
Joel Maxwell (Deputy City Attorney): It's a resolution.
Chairman Winton: Thank you. That's what I was looking for. Any further discussion? Being
none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. Motion carries.
181 September 25, 2003
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-1056
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, APPROVING WITH CONDITIONS, A MODIFICATION
TO A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13,17
AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE CORAL
STATION AT BRICKELL WAY PROJECT, A MIXED-USE
DEVELOPMENT PROJECT TO BE LOCATED AT APPROXIMATELY 104
SOUTHWEST 13TH STREET, 101 SOUTHWEST 15TH ROAD AND 1420
SOUTHWEST 1 COURT (THE AREA WEST OF BRICKELL WAY ON
SOUTHWEST IST AVENUE, SOUTH OF SOUTHWEST 13TH STREET
(CORAL WAY), AND NORTH OF SOUTHWEST 15TH ROAD), MIAMI,
FLORIDA; SUCH MODIFICATION TO ALLOW FOR A MIXED-
USE/RESIDENTIAL BUILDING WITH UP TO 443 UNITS (365
APPROVED IN SOUTH TOWER AND 78 BEING REQUESTED FOR
NORTH TOWER) 74,880 SQUARE FEET OF COMMERCIAL USE
(REDUCED FROM 208,986 SQUARE FEET ORIGINALLY APPROVED);
RECREATIONAL AMENITIES AND 1,094 PARKING SPACES; SAID
MODIFICATION BEING DEEMED SUBSTANTIAL ONLY FOR PHASE II
OF SAID PROJECT; 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 Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
Chairman Winton: Judy, just send the message back to the developer. It's a point we keep
making over and over again. It's amazing what you can generally get done if people work
together and are willing to compromise, and the message that I think we're sending to both the
neighborhoods and the community is that people have a right to develop their property, the
neighbors have a right to understand what the development is and make sure it's compatible with
the surrounding area. Y'all have done a good job here and we hope everybody does that, so
thank you.
182 September 25, 2003
Ms. Burke: Thank you.
53. 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
"RESTRICTED COMMERCIAL" AT 3179, 3181 AND 3185 SW 22ND TERRACE
(Applicant(s): Coral Way Development Co. and FG Partners, Inc.)
Chairman Winton: PZ.2.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2, 3 and 4 are actually companion
items for the Midtown Lofts Major Use Special Permit. PZs (Planning & Zoning) 2 and 3 are
companion land use and zoning changes for this project. You approved these on first reading
back in July, so the second reading for the land use item is PZ.2. PZ.3 is a second reading for the
companion zoning amendment, and PZ.4 is the Major Use Special Permit for the Midtown Lofts
project. These have been recommended for approval by the Planning Advisory Board and the
Zoning Board, and the Major Use Special Permit -- I guess after you hear and approve the land
use and zoning change, we'll make a presentation on the Major Use Special Permit.
Chairman Winton: Could I ask a question about this before you go with it?
Ms. Slazyk: Um -hum.
Chairman Winton: Is -- because PZ.5 is doing the same thing.
Ms. Slazyk: PZ.5, 6 and 7 are companion items for a separate Major Use Special Permit called
Gables --
Chairman Winton: Yeah, but --
Ms. Slazyk: --Marquis project.
Chairman Winton: -- doing the same thing, and I just want to make sure that -- this is not spot
zoning?
Ms. Slazyk No, no, it's not.
Chairman Winton: And tell me why that is --
Ms. Slazyk: OK. The --
Chairman Winton: -- when the surrounding uses is --
Ms. Slazyk The -- when you have adjacency -- if you look at the maps that are with PZs 2 and
3, you see --
183 September 25, 2003
Chairman Winton: Um -hum.
Ms. Slazyk: -- that the restricted commercial category, which is what they're seeking, is attached
to this. It's --
Chairman Winton: Oh, OK.
Ms. Slazyk -- adjacent. It's touching.
Chairman Winton: And if it weren't attached --
Ms. Slazyk Right.
Chairman Winton: -- then it would --
Ms. Slazyk It could be.
Chairman Winton: -- if there was --
Ms. Slazyk It depends on the size and the circumstances of the case, but this is clearly not
because it's adjacent to the restricted commercial category. What our Major Use Special Permit
allows us to do is look at the land use and zoning change when it's part of a Major Use Special
Permit as an umbrella package, where you can consider all of the items together. There are still
criteria for the land use and zoning change, but through the Major Use Special Permit, we can
look at it all together and use the Major Use Special Permit as the way to attach the conditions to
the project that are deemed appropriate based on the location.
Chairman Winton: And I'm assuming this rezoned piece becomes the buffer between the high-
rise and the --
Ms. Slazyk Absolutely.
Chairman Winton: -- residential.
Ms. Slazyk Absolutely.
Chairman Winton: OK, thank you.
Ms. Slazyk Absolutely.
Chairman Winton: Thank you.
Ms. Slazyk: Through the Major Use --
Commissioner Regalado: Question.
184 September 25, 2003
Ms. Slazyk: -- there's a liner of residential --
Chairman Winton: Yeah, yeah, yeah.
Ms. Slazyk: -- uses buffering.
Chairman Winton: I'm sorry.
Commissioner Regalado: What would be exiting on 22nd Terrace?
Ms. Slazyk That -- would you like to hear the presentation --
Chairman Winton: Yeah, could we --
Ms. Slazyk: -- from the --
Gilberto Pastoriza: Yeah.
Ms. Slazyk -- architect? Yeah, be --
Commissioner Regalado: I'd rather because --
Ms. Slazyk: OK.
Commissioner Regalado: -- that's the district I represent, and I have two questions.
Ms. Slazyk: Yeah.
Commissioner Regalado: First, if that bar/cafeteria is going to go or it's going to stay in that
corner of 22nd Terrace and 32nd Avenue, or -- and the second question is, something that the
residents are really concerned is the exits --
Gilberto Pastoriza: Right.
Commissioner Regalado: -- of the cars.
Mr. Pastoriza: For the record, Gilberto Pastoriza, 2665 South Bayshore Drive. Through the
Chair, Mr. Commissioner, there is no traffic whatsoever on Southwest 22nd Terrace. The point
of entrance and point of exits for this project is on Coral Way. We have residential units that
front 22nd Terrace, but are all served from Coral Way, and access -- vehicular access to those
units are -- is through Coral Way. Number two, we don't go as far west as 32nd Avenue. We go
-- we are immediately east of the Taco Bell and the --
Commissioner Regalado: Right, right.
185 September 25, 2003
Mr. Pastoriza: -- and the --
Commissioner Regalado: It was my mistake --
Mr. Pastoriza: Right.
Commissioner Regalado: -- because I was thinking of the other empty lot.
Mr. Pastoriza: Right, so we -- on the contrary, I think we are pulling a little bit of traffic away
from 22nd Terrace by putting all of the access to our units through the building itself.
Commissioner Regalado: So it's all from where the old hickory --
Mr. Pastoriza: It's right next to --
Commissioner Regalado: To the Taco Bell.
Mr. Pastoriza: -- the Taco Bell, and it goes about 100 feet on Coral Way and 150 feet on 22nd
Terrace.
Commissioner Regalado: OK.
Chairman Winton: Go ahead. You got a --
Commissioner Regalado: I am -- I'm ready to --
Chairman Winton: Well, we --
Commissioner Regalado: When you --
Chairman Winton: It's a public hearing.
Commissioner Regalado: -- close the public hearing.
Chairman Winton: Are you finished with your --
Mr. Pastoriza: Yes, yes.
Chairman Winton: --comments?
Mr. Pastoriza: Yes.
Chairman Winton: PZ.2 -- PZ.2?
Ms. Slazyk: PZ.2 is the --
186 September 25, 2003
Chairman Winton: OK.
Ms. Slazyk: -- land use change. That was -- that's first.
Chairman Winton: PZ.2 is a public hearing. Anyone from the public like to speak on PZ.2?
Anyone from the public on PZ.2? If not, we will close the public hearing. Commissioner
Regalado.
Commissioner Regalado: Mr. Chairman, I move to approve the second reading ordinance.
Commissioner Gonzalez: Second, Mr. Chairman.
Chairman Winton: We have a motion and a second. Mr. City Attorney, would you read the
ordinance?
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. 10544, AS AMENDED, THE FUTURE LAND USE MAP
OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING THE LAND USE DESIGNATION OF THE PROPERTY
LOCATED AT APPROXIMATELY 3179, 3181 AND 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.
187 September 25, 2003
was passed on its first reading, by title, at the meeting of July 17, 2003, was taken up for its
second and final reading, by title and adoption. On motion of Commissioner Regalado,
seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12410.
54. SECOND 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): Right. That's the --
Chairman Winton: -- companion to 2.
Ms. Slazyk: -- second reading zoning change recommended for approval.
Chairman Winton: Is this public hearing also? OK, PZ.3 is a public hearing. Anyone from the
public like to speak on PZ.3? No one from the public appears to want to speak. We'll close the
public hearing. Commissioner Regalado.
Commissioner Regalado: I'll move --
Commissioner Sanchez: Second.
Chairman Winton: Got a --
Commissioner Regalado: -- PZ (Planning & Zoning) --
Chairman Winton: -- motion and a second. Read the ordinance, please.
The Ordinance was read by title into the public record by the Deputy City Attorney.
188 September 25, 2003
Chairman Winton: Roll call, please.
Sylvia Scheider (Assistant City Clerk): Roll call.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3179, 3181 AND 3185 SOUTHWEST 22ND TERRACE,
MIAMI, FLORIDA, LEGALLY DESCRIBED AND ATTACHED "EXHIBIT
A;" 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 July 17, 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
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12411.
189 September 25, 2003
55. APPROVE WITH CONDITIONS, MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 4, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR MIDTOWN
LOFTS PROJECT, TO BE COMPRISED OF MIXED-USE/RESIDENTIAL BUILDING WITH
UP TO 85 UNITS, 2,800 SQUARE FEET OF COMMERCIAL USE, RECREATIONAL
AMENITIES AND 131 PARKING SPACES AT 3178, 3180 SW 22ND STREET AND 3179,
3181 AND 3185 SW 22ND TERRACE (Applicant(s): Coral Way Development Co. and FG
Partners, Inc.).
Chairman Winton: PZ.4.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 is the actual Major Use Special
Permit. This is a mixed-use residential building with 85 units, 2,800 square feet of commercial
use, and 131 parking spaces. It's been recommended for approval with conditions by the
Planning and Zoning Department and approval by the Planning Advisory Board. The conditions
are the conditions that you typically see in the Major Use Special Permit, including the parking
and construction operational plan, so we would recommend approval.
Chairman Winton: PZ.4 is a public hearing. Anyone from the public like to speak on PZ.4? If
not, we'll close the public hearing, and Gil, just for curiosity --
Gilberto Pastoriza: Yes.
Chairman Winton: -- is this 22nd Terrace right here on this --
Mr. Pastoriza: (INAUDIBLE) 22nd Terrace.
Chairman Winton: Got it. OK. It's very attractive. Commissioner --
Commissioner Regalado: I move --
Chairman Winton: -- Regalado.
Commissioner Regalado: -- the resolution, Mr. Chairman.
Commissioner Gonzalez: Second.
Chairman Winton: Got a motion and a second. This is a resolution. Any further discussion?
Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. Motion carries.
190 September 25, 2003
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 03-1057
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 4, 9, 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE MIDTOWN LOFTS
PROJECT, TO BE LOCATED AT APPROXIMATELY 3178, 3180
SOUTHWEST 22ND STREET AND 3179, 3181 AND 3185 SOUTHWEST
22ND TERRACE, MIAMI, FLORIDA, TO BE COMPRISED OF A MIXED-
USE/RESIDENTIAL BUILDING WITH UP TO 85 UNITS, 2,800 SQUARE
FEET OF COMMERCIAL USE, RECREATIONAL AMENITIES AND 131
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 Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Vice Chairman Arthur E. Teele, Jr.
Mr. Pastoriza: Thank you.
191 September 25, 2003
56. 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 3215, 3225, 3235 AND 3245 SW 22ND TERRACE (Applicant(s):
Urbanism Coral Way, LLC and Nicholas Balahootis).
Chairman Winton: PZ.5.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Again, PZ.5, 6 and 7 is a very similar
situation. In this case, PZ.5 and 6, which are the land use and zoning change components of the
project, are here on first reading, so we would ask, after you hear and consider PZ.5 and 6, that
you continue PZ.7 so that you can act on that when you have second reading before you on the
land use and zoning change.
Joel Maxwell (Deputy City Attorney): That's if you approve.
Ms. Slazyk: If you approve PZs (Planning & Zoning) 5 and 6, right.
Commissioner Regalado: Whoa, whoa, whoa. What did you say?
Ms. Slazyk: PZs --
Commissioner Regalado: I was --
Ms. Slazyk Yeah. PZ.7 is the actual Major Use Special Permit of which PZ.5 and 6 are the land
use and zoning change components.
Commissioner Regalado: Right.
Ms. Slazyk If you approve 5 and 6, we would ask you to continue PZ.7 so that you can approve
it when you have the land use and zoning at second reading next month.
Commissioner Regalado: And why it's here?
Ms. Slazyk It's here because it's part of the land use and zoning change application.
Commissioner Regalado: But if we can't vote, why it's here?
Ms. Slazyk: Well, to approve the Major Use before a second reading of the land use and zoning
change item --
Chairman Winton: That --
Ms. Slazyk -- if they don't get it on second reading, then you're approving it prematurely.
Commissioner Regalado: I know --
192 September 25, 2003
Chairman Winton: He knows that.
Commissioner Regalado: -- but why it's here?
Chairman Winton: He's just saying, why would you even have it in the agenda?
Ms. Slazyk: For information for the Commission so you know it's part of a Major Use Special
Permit.
Commissioner Regalado: OK.
Ms. Slazyk The -- this is for the Gables Marquis project. It's located on Coral Way and 22nd
Terrace, around 32nd Avenue. The land use change is from duplex residential to restricted
commercial. It's been recommended for approval by the Planning and Zoning Department and
approval by the Planning Advisory Board.
Commissioner Regalado: Mr. Chairman, I have some --
Chairman Winton: Well, could --
Commissioner Regalado: -- questions again and --
Chairman Winton: -- let's -- you want to give your --
Ben Fernandez: Yes.
Chairman Winton: -- presentation and then we'll -- ?
Mr. Fernandez: Good evening. Commissioners, for the record, Ben Fernandez, with law offices
Bercow and Radell, 200 South Biscayne Boulevard. I'm here tonight on behalf of the Urbanism
Group, the owners of the subject property. Before I begin, I'd just like to thank Lourdes and the
UDRB (Urban Development Review Board) for providing us with input, comments that were
incorporated -- many of which were incorporated into the site plan, and we feel really led to a
much better plan than the very first plan. Thanks to those comments, we're here today with a
favorable recommendation from the Planning Department, a unanimous recommendation for
approval from the DDRB, a recommendation for approval from your Planning Advisory Board,
and a recommendation of approval from your Zoning Board. With me today is Ms. Zully Ruiz
from the Urbanism Group, also Mr. Hank Fandrei from TAP (Transport Analysis Professionals),
our traffic consultant; Mr. Guillermo Olmedillo, our planning consultant, and Mr. Larry
Freedman of Cohen Freedman Encinosa, our project architects. As Lourdes described this
property, it's located at the intersection -- the south intersection of Coral Way and Southwest
32nd Avenue. It's across from the Winn-Dixie Superstore on Coral Way and catty -corner from
the Bally's Health and Fitness Center, a very large Bally's Fitness Center in the old Miracle
Center site. The intent of this particular project is to bring people closer to their jobs and to put
them within really a stone's throw from grocery store shopping and retail -- nearby retail
193 September 25, 2003
shopping. We think it will add younger people to the growing mix of people on Coral Way, and
it's going to add vitality to the pedestrian sidewalks that are along Coral Way. What the
applicant is proposing with this site is a contemporary mixed-use condominium with
approximately 12,200 square feet of retail, ground floor retail; one-, two-, three-bedroom units
and town homes along Southwest 22nd Terrace. That's what you see over on the first -- I'm
sorry, on this rendering. The town homes will not have access to Southwest 22nd Terrace. The
only access to the town homes will be from 32nd Avenue, which is really consistent with the SD -
23 Special District that this Commission -- that all of you approved a little over a year ago,
which requires that when you have the benefit of a side street, such as 32nd Avenue, you use it.
Well, we're using it. We're taking the impacts off of Coral Way and off of 22nd Terrace. We're -
- the tower for this project is in the middle of the property, so that unlike other projects along
Coral Way, it's not too close to Coral Way and it's not too close to 22nd Terrace. It really avoids
the canyon effect on either side. The project requires no variances. It complies with all Code
requirements with respect to landscape, open space, setbacks, lot coverage, et cetera. With
respect to compatibility, this particular section of Coral Way, between 27th Avenue and 37th
Avenue on the south side is, if you look at it, it's primarily zoned R-2 and R-3, so unlike other
parts of Coral Way that have neighborhoods that are all R-1 single-family, we think this is
probably the most appropriate place for this sort of redevelopment, and I won't add anything
more, but we're here to answer questions, if you have any. We're not aware of any objectors
either.
Commissioner Sanchez: Well, there's one thing I don't like about this project.
Chairman Winton: This is a public hearing. Anyone from the public like to speak on -- start this
over again. This is a public hearing. Anyone like to speak on PZ.5 from the public? Anyone
from the public on PZ.5?
Commissioner Sanchez: Well, there's one thing I don't like about this project.
Chairman Winton: Hold on.
Mr. Fernandez: The name.
Chairman Winton: Apparently, no one wants to speak from the public on PZ.5, so we'll close the
public hearing. Yes, sir, Commissioner Sanchez.
Commissioner Sanchez: I don't like the name Gables Marquis. Why not Miami Marquis?
Zully Ruiz: You got it, Commissioner. Miami Marquis --
Commissioner Sanchez: No, no, no, no, just -- listen, I'm only kidding. I'm only kidding.
Chairman Winton: Commissioner Regalado.
Commissioner Sanchez: No.
194 September 25, 2003
Commissioner Regalado: Question that I had was the same, the access on 22nd Terrace and --
it's been addressed. My other question is, are we getting rid of that bar?
Mr. Fernandez: The -- we believe the bar will disappear once this project is developed. The
likelihood is that that's not going to remain, given the fact that this is going there.
Commissioner Regalado: Possibility of a crane falling on --
Commissioner Sanchez: Well -- we didn't hear that.
Commissioner Regalado: Anyway --
Mr. Ruiz: For the record --
Commissioner Regalado: -- I think -- Zully, I think that you had faith in Coral Way many years
ago, and you know, when Coral Way was all full of potholes and abandoned buildings, you had
faith, and I think it's important that we recognize that and we thank you, and -- because you hold
on to the properties and all that. We're going to have that beautiful thing, and Coral Way, I
mean, hopefully, we're going to have the tree lighting and all throughout Coral Way maybe
December or maybe early next year, and it will be a beautiful site, so thank you.
Mr. Ruiz: Well, for the record, Commissioner, number one, we are --
Commissioner Regalado: Name.
Mr. Ruiz: -- continually trying to purchase that property in the corner that you referred as a bar,
and, second, if it wasn't for you, Coral Way would not be what it is today, and the lighting that
will -- that you will see on the trees, it was your idea, so thank you.
Commissioner Sanchez: Mr. Chairman.
Priscilla A. Thompson (City Clerk): I'm sorry, I need a name for the record, please, sir. I'm
sorry.
Chairman Winton: I'm sorry. I was --
Commissioner Sanchez: Planning, do you recommend -- ?
Commissioner Regalado: Zully Ruiz.
Mr. Ruiz: I'm sorry. Zully Ruiz.
Chairman Winton: Huh?
Mr. Ruiz: -- 814 Ponce de Leon Boulevard, Suite 400, Coral Gables, Florida.
195 September 25, 2003
Chairman Winton: That's the reason she calls it Gables, Joe.
Commissioner Sanchez: Listen, I think it's a great project. Coral Way is changing. I mean, it's
going to be a signature corridor, that's for sure.
Commissioner Regalado: I'll move.
Chairman Winton: Commissioner -- yeah.
Commissioner Sanchez: Does the staff support this?
Ms. Slazyk: Yes. This is --
Commissioner Sanchez: OK.
Ms. Slazyk: -- it's recommended for approval by staff and the lower boards.
Commissioner Sanchez: The Comprehensive Plan, too?
Ms. Slazyk: Yes.
Commissioner Sanchez: OK, just wanted to state that for the record.
Commissioner Regalado: I'll move the ordinance.
Commissioner Sanchez: Second.
Chairman Winton: 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.
Chairman Winton: Roll call.
Ms. Thompson: Roll call.
196 September 25, 2003
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP
OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 3215, 3225, 3235 AND 3245 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 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.
Chairman Winton: PZ.6.
Commissioner Sanchez: Just out of curiosity, did the staff try to convince you about the name?
Commissioner Regalado: No.
197 September 25, 2003
57. 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 3215, 3225, 3235 AND
3245 SW 22ND TERRACE (Applicant(s): Urbanism Coral Way, LLC and Nicholas Balahootis).
Chairman Winton: OK, PZ.6.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6 is a companion zoning change
from R-2 two-family residential to C-1 restricted commercial; recommended approval by the
Zoning Board and approval by the Planning and Zoning Department.
Chairman Winton: PZ.6 is a public hearing. Anyone from the public like to speak on PZ.6?
Anyone from the public on PZ.6? If not, we'll close the public hearing.
Commissioner Regalado: Move PZ.6.
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. Read the ordinance, please.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call.
Priscilla A. Thompson (City Clerk): Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3215, 3225, 3235 AND 3245 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED
"EXHIBIT A;" CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
198 September 25, 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
Ms. Thompson: The ordinance is passed on first reading, 4/0.
58. CONTINUE CONSIDERATION OF PROPOSED MAJOR USE SPECIAL PERMIT FOR
GABLES MARQUIS PROJECT AT 3202 AND 3232 S.W. 22 STREET; 2230 S.W. 32
AVENUE AND 3211, 3215, 3225, 3235 AND 3245 S.W. 22 TERRACE, TO COMMISSION
MEETING CURRENTLY SCHEDULED FOR OCTOBER 23, 2003.
Lourdes Slazyk (Assistant Director, Planning & Zoning): P --
Chairman Winton: And you're saying PZ.7 --
Ms. Slazyk: Continued --
Chairman Winton: -- is just here for --
Ms. Slazyk -- to October 23.
Chairman Winton: Need a motion to continue PZ.7 --
Commissioner Regalado: Move it.
Chairman Winton: -- to October 23.
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.
199 September 25, 2003
The following motion was introduced by Commissioner Regalado, who moved for its adoption:
MOTION NO. 03-1058
A MOTION TO CONTINUE CONSIDERATION OF PROPOSED MAJOR USE
SPECIAL PERMIT FOR THE GABLES MARQUIS PROJECT AT
APPROXIMATELY 3202 AND 3232 S.W. 22 STREET; 2230 S.W. 32
AVENUE AND 3211, 3215, 3225, 3235 AND 3245 S.W. 22 TERRACE, TO
THE COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER
23, 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
Ben Fernandez: Thank you very much.
Chairman Winton: Thank you.
59. SECOND 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):
LeJeune Executive Building, Ltd.)
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs (Planning & Zoning) 8 and 9 have
been withdrawn.
Chairman Winton: OK.
Ms. Slazyk: PZ.10 is a second reading zoning change in order to add the SD -12 buffer overlay
to an R-1 property located at 4100, 4114 Northwest 4th Street; recommended for approval by the
Planning and Zoning Department and passed by the City Commission first reading July 17.
Chairman Winton: PZ.10 is a public hearing. Anyone from the public like to speak on PZ.10?
Vice Chairman Teele: So moved.
200 September 25, 2003
Chairman Winton: Anyone from the public on PZ. 10? If not, we'll close the public hearing. We
have a motion on second reading.
Commissioner Regalado: Move it.
Chairman Winton: We have a -- need a second. We already have a motion.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call.
Priscilla A. Thompson (City Clerk): Roll call. Commissioner Sanchez?
Commissioner Sanchez: No, ma'am.
Ms. Thompson: Commissioner Regalado?
Commissioner Regalado: Yes.
Ms. Thompson: Commissioner Teele?
Vice Chairman Teele: Yes.
Ms. Thompson: Chairman Winton?
Chairman Winton: Yes.
Ms. Thompson: The ordinance is adopted on second reading, 3/1.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 32, OF THE ZONING ATLAS
OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-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 IN
ATTACHED "EXHIBIT A."
201 September 25, 2003
was passed on its first reading, by title, at the meeting of July 17, 2003, was taken up for its
second and final reading, by title and adoption. On motion of Vice Chairman Teele, 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 Tomas Regalado
NAYS: Commissioner Joe Sanchez
ABSENT: Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12412.
60. SECOND 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. 11.
Unidentified Speaker: Thank you very much.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 11 is second reading for the NCD -
1 Coral Gate Neighborhood Conservation Overlay District. This is the text amendment that
would institute the district into the Zoning Ordinance. It's been recommended for approval by
the Planning Advisory Board, the Planning Department, and passed by the City Commission first
reading July 17.
Chairman Winton: PZ. 1I's a public hearing. Anyone from the public like to speak on PZ. 11?
Commissioner Regalado: Move it.
Chairman Winton: Close the public hearing. Motion. Need a second.
Vice Chairman Teele: Second.
Commissioner Sanchez: Second.
Chairman Winton: Got a second. Is this an ordinance?
Joel Maxwell (Deputy City Attorney): Yes, sir.
202 September 25, 2003
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.
Priscilla A. Thompson (City Clerk): Roll call.
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 8, SECTION
801, NCD -1 CORAL 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 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was passed on its first reading, by title, at the meeting of July 17, 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. 12384.
Ms. Thompson: The ordinance is adopted on second reading, 4/0.
203 September 25, 2003
61. SECOND READING ORDINANCE: AMEND PAGE NO. 40 OF ZONING ATLAS OF
ZONING ORDINANCE NO. 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 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 WEST (Applicant(s): Planning and Zoning
Department).
Chairman Winton: PZ. 12 is companion to 11?
Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes, it is. It's second reading. This is
the atlas amendment that would actually apply it to these properties.
Chairman Winton: Public hearing on PZ. 12. Anyone from the public like to speak on PZ. 12?
Being none, we'll close the public hearing. Need a motion. Motion, Joe?
Commissioner Sanchez: Sec --first.
Chairman Winton: Second.
Commissioner Regalado: Second.
Chairman Winton: Got a second. Discussion.
Commissioner Sanchez: None.
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.
Priscilla A. Thompson (City Clerk): Roll call.
204 September 25, 2003
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AMENDING PAGE NO. 40 OF THE ZONING ATLAS OF
ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION
401, SCHEDULE 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 RESIDENTIALLY 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; 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 July 17, 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 Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Angel Gonzalez
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12414
Ms. Thompson: The ordinance is adopted on second reading, 4/0.
205 September 25, 2003
62. SECOND 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 REQUIRE CLASS 11 SPECIAL
PERMITS FOR CERTAIN EXTERIOR WORK; AND BY SECTION 946, PUBLIC STORAGE
FACILITIES, 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 13, second reading ordinance.
Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. PZ.13 and 14 are companion
second reading ordinances for the SD -20, 20.1 Biscayne Boulevard Edgewater Overlay District.
This was adopted by the Commission first reading July 17; recommended for approval by the
Planning Advisory Board and the Planning Department.
Chairman Winton: Public hearing on PZ. 13. Anyone from the public like to speak on PZ. 13?
Being not, we'll close the public hearing. Need a motion.
Commissioner Sanchez: So moved.
Chairman Winton: Second. Got a motion and second. Read the ordinance, please.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
,ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, 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 II SPECIAL PERMITS FOR CERTAIN EXTERIOR WORK;
AND BY AMENDING ARTICLE 9, 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 SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
206 September 25, 2003
was passed on its first reading, by title, at the meeting of July 17, 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. 12415.
Ms. Thompson: The ordinance is adopted on second reading, 4/0.
63. SECOND READING ORDINANCE: AMEND PAGE 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 AT 200 FEET ON EITHER SIDE OF BISCAYNE BOULEVARD FROM NE
17TH TERRACE TO NE 36TH STREET (Applicant(s): Planning and Zoning Department).
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.14 is the companion atlas
amendment.
Chairman Winton: Public hearing on 14. Anyone from the public like to speak on PZ.14? If
not, we'll close the public hearing. Need a motion.
Vice Chairman Teele: So moved.
Chairman Winton: Motion. Second.
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.
207 September 25, 2003
Priscilla A. Thompson (City Clerk): Roll call.
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 4, SECTION
401, SCHEDULE 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) "RESTRICT 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 passed on its first reading, by title, at the meeting of July 17, 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. 12416.
Ms. Thompson: The ordinance is adopted on second reading, 4/0.
Chairman Winton: And 15 and 16 are time certain, 7 p.m.
Ms. Slazyk: Right, 17 was remanded, and 18 we did, so we're up to --
Chairman Winton: What did you just say?
208 September 25, 2003
Ms. Slazyk: 17 was remanded --
Chairman Winton: OK.
Ms. Slazyk: -- and 18 we did at the beginning --
Chairman Winton: All right.
Ms. Slazyk: -- so we're up to 19.
64. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND
USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
LAND USE DESIGNATION FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL"
AT 2900 SW 28TH LANE (Applicant(s): Bordeaux Towers, Inc.)
Chairman Winton: PZ. 19.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 19 and 20 are first reading. This is
companion land use and zoning change for 2900 Southwest 28th Lane from industrial to
restricted commercial. This has been recommended for approval by the Planning and Zoning
Department and for approval by the Planning Advisory Board. This property is in very close
proximity to the Coconut Grove Metrorail Station. The restricted commercial zoning would
allow it more flexibility in being able to do true mixed-use projects around the station versus the
industrial zoning category, which would not allow residential as a component. The increased
flexibility makes it better for the station in order to expand uses, so we would recommend
approval.
Vice Chairman Teele: Which one is this?
Chairman Winton: 19.
Commissioner Sanchez: So moved.
Chairman Winton: PZ.9 -- it's -- oh, we got to do public hearing. PZ.19 is a public hearing.
Anyone from the public like to speak on PZ. 19? Anyone from the public on -- ? Step up, please,
and we need your name and address for the record, please, sir.
Juan Dalla Rizza: Hello. My name is Juan Dalla Rizza. I reside at 3666 North Bay Homes
Drive, in Coconut Grove, and I have offices at 3011 Southwest 28th Lane, in Coconut Grove.
This is a little bit west of the site in question here, and we basically oppose this spot rezoning
because -- mainly, because we had been waiting roughly 15 years for the rezoning of the corridor
along 29th Avenue and 27th Terrace, and the Planning Department has always had excuses or
failed to effect the changes that were addressed by in the master planning during the rezoning or
the planning of the rapid transit station back in 1980. We would like to request that the City
Commission address the whole rezoning of this area along the 27th corridor -- 27th Terrace
corridor and 29th Avenue and incorporate a comprehensive rezoning of the area into something
209 September 25, 2003
that can be put into effect, some of the neighbors in that area lack the 200 feet frontage that
would be required to do a rezoning of the area. Therefore, the area is always in a state of limbo,
so what we would like to -- we have been waiting for the City to put something into plan, and the
last time that we had that dialogue with the Planning Department, they agreed to do something
after the lease for the Metrorail Station was in place. That lease has been in place for two years
now, and we feel that we have been patiently waiting for something to happen in that area, and I
think it's time for something to do happen, and we're asking the Commissioner to direct the
Planning Department to put in the effect the plans that -- the master plan in that area.
Commissioner Sanchez: Let me see if I could get this straight. You're OK with the land use as
long as everyone else --
Mr. Rizza: Gets it.
Commissioner Sanchez: -- gets it?
Mr. Rizza: Yeah.
Chairman Winton: But everyone else -- to 27th Terrace, you said?
Mr. Rizza: Along 27th Terrace --
Commissioner Sanchez: All the businesses?
Chairman Winton: Oh. No, these are all --
Mr. Rizza: Well, we have --
Chairman Winton: -- res -- these are duplex residential along there, so I don't --
Commissioner Sanchez: Well, that's what he's saying.
Chairman Winton: Yeah, I know. OK, Lourdes would you like to address the --
Commissioner Sanchez: Yeah --
Chairman Winton: -- issue, please?
Commissioner Sanchez: -- because I don't quite understand this.
Ms. Slazyk: Yeah. Part of --
Chairman Winton: I think I do, but I don't --
Ms. Slazyk: -- the transit -- when the mass transit came in back in the late `70s, early `80s, there
were studies done for each of the station areas that made recommendations for future land use
210 September 25, 2003
and future zoning when and if the stations were to be developed. It had specific
recommendations. You've seen them when we bring those SADD (Station Area Design and
Development) plans to you for developments at the station. The 27th Avenue Metrorail station
had in its plan a recommendation that the mixed-use or commercial zoning and land use be
expanded around the station to some of the properties that are currently zoned residential. We
had a meeting with some of the neighborhood -- some of the property owners in the
neighborhood about four years ago or so when they requested that we come in and take a look at
this and rezone their land. At that time, it was a little premature because the station had not --
you know, plans for the station had not even begun. They hadn't had an RFP (Request for
Proposals) out; nothing was done, so it was premature to rezone people to a commercial category
when we didn't know what was really going to happen with the station. Since then, the County
had put out the RFP for the station, and apparently, there is some kind of a lease for the 27th
Avenue Metrorail station for a mixed-use development, but they haven't come before this
Commission for approval of that yet; that the --
Commissioner Sanchez: Right.
Ms. Slazyk: -- SADD and the approval required by this Commission hasn't happened, so again -
Chairman Winton: Well, even if it did -- I'm looking at this map and I'm not sure I would be
supporting extending commercial in through that whole duplex residential arena anyway.
Ms. Slazyk Which we wouldn't as a straight C-1 either, which is what I told them several years
ago. What I would really like to do is study the area with the new proposal for the station and
come up with a special district that creates the kind of mixed uses and special intensity standards
that is not --
Commissioner Sanchez: You've answered his question.
Ms. Slazyk --just going to give a C-1.
Commissioner Sanchez: You --
Ms. Slazyk Right.
Chairman Winton: Yeah.
Ms. Slazyk I -- yeah, we need to --
Commissioner Sanchez: They're going to do it. They're going to look into it --
Ms. Slazyk: Yeah, we --
Commissioner Sanchez: -- but my understanding is you're not against this; you just would like
to be a part of it.
211 September 25, 2003
Ms. Slazyk: Right.
Mr. Rizza: We would like to see the plan --
Commissioner Sanchez: Right.
Mr. Rizza: -- put into effect into a re-- a comprehensive rezoning of the area.
Commissioner Sanchez: Well, she's going to study that and get back.
Mr. Rizza: This has been going on for 15 years. There's a lot of studying going on in 15 years.
Commissioner Sanchez: All right.
Chairman Winton: Well -- but I can tell you -- and I represent --
Commissioner Sanchez: Yeah.
Chairman Winton: -- both you in my neighborhood, it sounds like, because you're on the east
side -- and this is also my district, and I'm looking at this map and I could tell you, unless they
came up with something pretty creative, I wouldn't support rezoning this duplex area to a
commercial zoning at all.
Mr. Rizza: This has already --
Chairman Winton: I mean, it would be a disaster for 27th Terrace.
Mr. Rizza: -- been approved at the State level for --
Chairman Winton: I don't care what's --
Mr. Rizza: -- R-3 and R-4.
Chairman Winton: -- been approved by the State level, by the way.
Mr. Rizza: No, but --
Chairman Winton: I'm looking at this map here and I'm looking at these little narrow streets --
and I go into that neighborhood all the time. These duplexes are a problem, no question about it.
They're -- the duplexes are a problem in this neighborhood right here, but the streets are not
capable of taking the kind of traffic that you would get if you upzoned this area significantly --
Mr. Rizza: But then --
Chairman Winton: -- and this little piece that they're adding doesn't do that, so --
212 September 25, 2003
Mr. Rizza: Well --
Chairman Winton: -- but anyhow, we're not going to have a debate. I'm sorry, I didn't mean to
have this back and forth debate --
Mr. Rizza: Well, the whole thing is that --
Chairman Winton: -- and there's one more --
Mr. Rizza: -- but it's OK to change the zoning from an industrial to a C-1 and you increase the
density now to roughly --
Chairman Winton: On an adjacent piece of property.
Mr. Rizza: But it's the same --
Chairman Winton: It's not spot zoning.
Mr. Rizza: -- it's the same --
Chairman Winton: But we're not going to debate it, so you know, that's the -- and there's one
more person I think --
Mr. Rizza: OK.
Chairman Winton: -- that wants to comment from a public hearing standpoint. Yes, ma'am,
your name and address, please.
Linda Alger: Linda Alger. My address is 2784 Southwest 29th Avenue.
Chairman Winton: Yes, please.
Ms. Alger: I was a part of the process back in the `70s. In fact, I believe you were with
Transportation back then. We probably wouldn't even have a public transportation system. Mr.
Olmedillo was in Zoning and Mr. Ferrer was the Mayor.
Vice Chairman Teele: For the Planning.
Ms. Alger: At that time, the residents were being shut out of the whole process by Keiser
Transit. The sitting Commission at that time appointed Jack Luft and Joyce Meyers to act as
representatives for that neighborhood so that we could have a say-so in the planning. Part of our
worries were the homes that were left when they finally chose the site for the transit, which we
didn't know who was going to get to keep their homes and who weren't, would be very
negatively impacted by abutting a major Metrorail station, and of course, that is what we've lived
with all these years, but the people that have lived on 27th Terrace and 29th Avenue and 27th
213 September 25, 2003
Lane -- some of the property owners have changed, but not a lot of them -- have always believed
that the things that were adopted back then would still stand. The changes were adopted back in
the `80s and put in the future land use plan. However, one of the things that we did ask was that
no changes would be made unless the actual property owners requested the change, which is why
the City, as Lourdes was saying, has not come through there and changed our zoning because for
the people that still live there, it would have forced us out of our homes if the changes had been
put in, you know -- in other words, the future land use plan shows what the future land use
should be, but we were allowed to keep our residential zoning so we could afford to keep our
homes, and look at, 20 years later, the Metrorail station still has not been developed. We don't
know -- there was an RFP and there is a contract. There is a lease that's being paid for to Dade
County, but they still haven't started building. I am not against the project they want to build, but
I do believe it's probably time for Lourdes and the City to accommodate my neighborhood again.
The residents on 27th Terrace, 29th Avenue, 27th Lane, the people that -- you know, we are the
streets that have the access and the egress to that station, and I believe it's time again to go back
and start up those meetings again so that we will know what exactly -- you know, if a developer
comes to me --
Chairman Winton: We got it.
Ms. Alger: -- and wants to buy my property, I need to --
Chairman Winton: We got it.
Ms. Alger: -- know what he can do with my property.
Chairman Winton: And I think Lourdes agrees, but -- and so I think they will, but do you have
any idea, time wise, when this might -- when this process might start?
Ms. Slazyk: What we had been waiting for was the Metrorail station development --
Chairman Winton: Plan.
Ms. Slazyk -- and the plan, and the County did do the RFP. They did select a successful
proposal, but it's been sitting for a couple of years, and I have no -- yeah, I have no clue when
they're going to start, and the object of the meetings we had four years ago was not to be
premature with the zoning and not to do a C-1 zoning, which is completely inappropriate.
Chairman Winton: Right.
Ms. Slazyk They really need something that's kind of tailored to the mixed-use of what's
coming at the station, and --
Chairman Winton: So the answer to that question is we're not going to start the process until we
figure out what the County --
Ms. Slazyk Right.
214 September 25, 2003
Chairman Winton: -- is -- once they make a real decision on what the --
Ms. Slazyk: Yeah, and --
Chairman Winton: -- development is going to be.
Ms. Slazyk: -- what we'll do is we'll contact the County and see where they are, and --
Chairman Winton: OK.
Ms. Slazyk -- we have no problems at all meeting with the community --
Chairman Winton: OK.
Ms. Slazyk -- again and kind of updating everybody.
Chairman Winton: Thank you. Anyone else from the public like to comment on --
Ms. Alger: Thank you.
Chairman Winton: -- PZ. 19? Anyone else from the public on PZ. 19?
Lucia Dougherty: Yes, sir, Commissioner.
Chairman Winton: If not -- you're -- are you from the public? Are you representing -- ?
Ms. Dougherty: Well, I am representing the applicant.
Chairman Winton: Thank you, so we'll close the public hearing and -- did you have something
you wanted to say?
Ms. Dougherty: Yes, sir. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm actually
representing the contract vendee, who would like to do a mixed-use project in this industrial
area. If you look at the map, and which I did, I looked at the map along Dixie Highway and the
entire City of Miami, and this is the only industrial pocket in the entire map in the City of Miami
and Dixie Highway. Interestingly enough, it is not -- luckily, actually, for those residents who
live directly north of this property, it isn't actually used industrially. However, this is the old
Fight Club -- you probably seen it. It's a red building on Dixie Highway -- that currently is used
in a recreational activity, but just think of the kinds of uses from an industrial standpoint that
could go in here; stay the same, and by the way, we believe it's spot zoning to leave it the way it
is, but you could have an automotive assembly plant, automotive towing services, bottling plants,
breweries, distilleries, manufacturing of plastics, manufacturing of metals, and wouldn't that
make a great Pleasure Emporium, which is the only district that you still allow adult
entertainment, so I can't even imagine why you would not want to change the zoning
classification of this property at this time, so I would urge your support.
215 September 25, 2003
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Sanchez: Move.
Chairman Winton: We have a --
Vice Chairman Teele: Second.
Chairman Winton: -- motion and a second. Any other discussion? If not, would you 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. 10544, AS AMENDED, THE FUTURE LAND USE MAP
OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY
CHANGING THE LAND USE DESIGNATION OF THE PROPERTY
LOCATED AT APPROXIMATELY 2900 SOUTHWEST 28TH LANE, MIAMI,
FLORIDA, FROM INDUSTRIAL TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner 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 Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0.
Vice Chairman Teele: Mr. Chairman.
216 September 25, 2003
Chairman Winton: Yes.
Vice Chairman Teele: On the testimony that we heard, let me be sure I understand, Lourdes,
what you're saying. Do you all have -- Mr. Chairman, this is an area that you represent. What's -
- what are we going to do now? Are we going to have meetings with the County or are we going
to proceed with an area study or what?
Ms. Slazyk: Well, what I think we're going to do first is contact the County and see where they
are on this development, because before that development can happen there, they need to come
before this Commission and get their Commission approval, as required by our ordinance for
consistency with the SADD plans, and they haven't done that. That's why I kept -- I still kept
believing it's premature to take all of these R-2 properties around the station and upzone them to
something when there's -- we don't know exactly --
Vice Chairman Teele: But --
Ms. Slazyk -- what's going on the station.
Vice Chairman Teele: I don't want to --
Chairman Winton: That's (UNINTELLIGIBLE).
Vice Chairman Teele: -- belabor this, but I'm not assuming we're going to upzone it or down
zone it.
Ms. Slazyk Right.
Vice Chairman Teele: What I am saying is the County does have certain preferential rights in
developing the lands within the station area, and they don't have to -- correct me if I'm wrong --
get our approval.
Joel Maxwell (Deputy City Attorney): They don't have to get approval for a development
because they control within the rapid transit zone, but they do have to get your recommendations
and approval on the SADD, it's called?
Ms. Slazyk: Yes, and --
Vice Chairman Teele: Is our recommendation binding?
Mr. Maxwell: No, sir. They can proceed.
Chairman Winton: Yes.
Vice Chairman Teele: Yeah, because I see --
Mr. Maxwell: But they have to --
217 September 25, 2003
Vice Chairman Teele: -- I don't want Lourdes --
Ms. Slazyk: But they have to --
Vice Chairman Teele: -- I mean, with all due --
Ms. Slazyk: -- you --
Vice Chairman Teele: Lourdes, listen.
Ms. Slazyk: Yes.
Vice Chairman Teele: I don't want you to miss -- I don't want the public to hear something that
they don't mean -- that you didn't mean for them to hear. This Commission has about as much
control over those areas where the rapid transit system goes in, the land, as the City of Palm
Beach does in talking to Dade County. They have to come to us, but they don't have to listen to
us or anything, and so Mr. Chairman, I'm not sure that that answers the concerns of some of the
neighbors, and I would respectfully recommend that, at the appropriate time, we set up a formal
meeting -- community meeting with the County and the City and the neighborhood to try to get
something, because I think they would be more much persuaded if we can get that County
Commissioner in there -- I assume that's Morale -- whoever it is -- to hear those concerns
because right now, he doesn't hear those concerns. He hear -- we hear those concerns, but he's
going to be the one that we've got to get -- or whoever the Commissioner is for that. That's one
of the crazy things about the way the County wrote the rules as it relates to the rapid transit, so I
don't want the people that have testified believing that we have the authority because we don't,
and I think it's not too soon to begin a dialogue with the County and the neighborhoods on that,
assuming the district Commissioner, Commissioner Winton, agrees.
Ms. Slazyk And I think you're absolutely correct. When they come before you for that review -
- if you don't want to call it an approval, I guess because it really isn't -- that's the first time we
really get to look at the plans --
Vice Chairman Teele: But what I'm saying --
Ms. Slazyk -- and look at what they're doing.
Vice Chairman Teele: -- is we shouldn't wait for them to come to us.
Ms. Slazyk: No.
Vice Chairman Teele: We should go to them.
Ms. Slazyk We have to go to them, yes.
Chairman Winton: OK. Did we -- did you call roll on this?
218 September 25, 2003
Ms. Thompson: Yes.
Vice Chairman Teele: Yeah.
Chairman Winton: So 19's done.
Vice Chairman Teele: 19's done.
Ms. Thompson: Yes.
Chairman Winton: Thank you.
65. 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 I
INDUSTRIAL TO C-1 RESTRICTED COMMERCIAL AT 2900 SW 28TH LANE
(Applicant(s): Bordeaux Towers, Inc.)
Lourdes Slazyk (Assistant Director, Planning & Zoning): 20 is the companion zoning change
from industrial to C-1; also recommended for approval by the Zoning Board and by the Planning
and Zoning Department.
Chairman Winton: 20 -- Item 20 -- PZ.20 is a public hearing. Anyone from the public like to
speak on PZ.20? Yes, please come up.
Vice Chairman Teele: This is a companion item to 19?
Chairman Winton: Yes.
Priscilla A. Thompson (City Clerk): Yes.
Chairman Winton: Yes.
Vice Chairman Teele: See, Mr. Chairman, let me just say this, because this is this transit stuff all
over again, and -- who's Lucia representing on this thing?
Lucia Dougherty: I represent the contract vendee to Mr. Rua.
Vice Chairman Teele: Who has --
Ms. Dougherty: A contract to purchase the property from which this --
Vice Chairman Teele: From who?
Ms. Dougherty: -- from Carlos Rua.
219 September 25, 2003
Chairman Winton: But this isn't within -- this is not within the County -controlled --
Ms. Dougherty: That's correct.
Vice Chairman Teele: This is --
Chairman Winton: --zone.
Ms. Dougherty: This has nothing --
Vice Chairman Teele: This is not within the County control?
Chairman Winton: Is not.
Vice Chairman Teele: OK.
Ms. Dougherty: No.
Vice Chairman Teele: OK.
Chairman Winton: This is separate from that.
Vice Chairman Teele: All right. Thank you.
Chairman Winton: OK. Yes, ma'am.
Linda Alger: Right. The land you're talking about right now abuts the station.
Chairman Winton: Right.
Ms. Alger: That's it. It's not within the station. There's one thing that I wanted to say that I
didn't get to say, is that there is an obvious opportunity here for the City to increase its tax base,
encourage infill development, and so forth and so on, and I don't think that the County should
turn its head and miss the opportunity because 27th Avenue, the Coral Way corridor is
happening everywhere else. Our little neighborhood is just left sitting there, you know. We can't
do anything without the help of the City. The people that are living there cannot.
Chairman Winton: Well, I --
Ms. Alger: We're all individual property owners --
Chairman Winton: But I still want to caution you because I hear what you're saying and I hear
what he's saying. I'm not sure that's coming.
Ms. Alger: I don't want --
220 September 25, 2003
Chairman Winton: I'm not --
Ms. Alger: -- to put the cart --
Chairman Winton: -- I'm not --
Ms. Alger: -- before the horse --
Chairman Winton: -- I'm not --
Ms. Alger: -- until I know --
Chairman Winton: -- about to --
Ms. Alger: -- what's happening in the Metrorail. I don't want anything to happen --
Chairman Winton: Yeah --
Ms. Alger: -- with my property either.
Chairman Winton: -- and I'm not about to sit here and say, nor would I encourage anybody, I --
you have never heard me say, let's go in and upzone an area. That's -- unless there's some real
master plan that's compelling to upzone --
Vice Chairman Teele: Right.
Chairman Winton: -- we don't do it.
Ms. Alger: Right. On the future land use plan, for instance, where my house is, it showed it
going from R-2 to an R-4 with an asterisk, which meant mixed-use residential office and limited
retail. It is on the future land use plan --
Chairman Winton: Yeah, that's --
Ms. Alger: -- and has been for 20 years.
Chairman Winton: Isn't that 150 units an acre?
Ms. Slazyk: Yes.
Chairman Winton: Yeah, well I -- I can't imagine that's happening, so anyhow, thank you.
PZ.20 -- anyone else from the public like to speak on PZ.20? If not, we'll close the public
hearing.
Commissioner Sanchez: So move.
221 September 25, 2003
Chairman Winton: Motion.
Commissioner Gonzalez: Second.
Chairman Winton: Second. Read the ordinance, please.
Chairman Winton: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM I INDUSTRIAL TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY
2900 SOUTHWEST 28TH LANE, MIAMI, FLORIDA, LEGALLY
DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was
passed on first reading, by title only, by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Ms. Thompson: The ordinance is passed on first reading, 4/0.
Chairman Winton: PZ.21 and 22 have been withdrawn.
222 September 25, 2003
66. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 11000, CITY'S ZONING
ORDINANCE, BY AMENDING ARTICLE 6 TO CREATE SECTION 627, FEC CORRIDOR
SPECIAL DISTRICT, ADD INTENT STATEMENT, CREATE SPECIAL DISTRICT
REQUIREMENTS AND LIMITATIONS ON USES, AND ADD DESIGN GUIDELINES
(Applicant(s): Joe Arriola, Chief Administrator).
Chairman Winton: PZ.23.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs (Planning & Zoning) 23, 24 and
25 are companion items. These are first reading ordinances for the Buena Vista Special District.
As you recall, we brought before you the land use change that changed the land use on the Buena
Vista site from industrial and C-2 to restricted commercial. This is the first of the companion
zoning changes. What the first item does here is it adds a new SD -27 to the Zoning ordinance
for the Buena Vista property. The next item does an SD -27.1, which is just for the East Buena
Vista. This is primarily the residential portion of the development.
Chairman Winton: Could I interrupt you one second, Lourdes? Could we get the Sergeant at
Arms to come up here, please? Somebody go out there and get him for me. OK, go ahead,
Lourdes.
Ms. Slazyk: The SD -27.1 enacts the Buena Vista East Special District, which is primarily the
residential portion of the property, but both sides are going to allow mixed-use commercial and
residential. The residential component would be primarily on the east, the higher rise buildings,
and the -- PZ.25 is the actual atlas amendment, which would change the atlas page to enact the
SD -27.1. These were all presented to the Planning Advisory Board and recommended for
approval. The design guides and standards that we described to you, when the land use change
came before you that we were working on, the zoning district with the designs guides and
standards, are all incorporated here and in your packages, and the property owners have their
representatives here in favor, so if you have any questions.
Chairman Winton: PZ.23 is a public hearing. Anyone from the public like to speak on PZ.23?
Anyone from the public on PZ.23? If not, we'll close the public hearing.
Commissioner Gonzalez: Move PZ (Planning & Zoning) --
Chairman Winton: Need a motion.
Commissioner Gonzalez: Move PZ.23.
Commissioner Regalado: Second.
Vice Chairman Teele: Motion, 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.
223 September 25, 2003
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6 TO
CREATE SECTION 627, FEC CORRIDOR DISTRICT, ADD AN INTENT
STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND
LIMITATION ON USES, AND ADD DESIGN GUIDELINES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gonzalez, seconded by Commissioner Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0.
67. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 11000, CITY'S ZONING
ORDINANCE, BY AMENDING ARTICLE 6 SPECIAL DISTRICTS, IN ORDER TO AMEND
SECTION 627 ENTITLED SD -27 FEC CORRIDOR SPECIAL DISTRICT, TO ADD NEW
SUB -DISTRICT SD -27.1 ENTITLED BUENA VISTA YARD EAST, ADD INTENT
STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON
USES, AND ADD DESIGN GUIDELINES (Applicant(s): Joe Arriola, Chief Administrator).
Chairman Winton: PZ.24.
Lourdes Slazyk (Assistant Director, Planning & Zoning): That's the SD -27.1; recommended
approval by Planning Advisory Board and the Planning Department.
Chairman Winton: Anyone from the public like to speak on PZ.24? Anyone from the public on
PZ.24? If not, we will close the public hearing.
Commissioner Gonzalez: Move PZ.24.
Chairman Winton: Got a motion. Commissioner Regalado.
Commissioner Regalado: Second.
224 September 25, 2003
Chairman Winton: Second. Read the ordinance, please.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call.
Priscilla A. Thompson (City Clerk): Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6 SPECIAL
DISTRICTS, IN ORDER TO AMEND SECTION 627 ENTITLED SD -27
FEC CORRIDOR SPECIAL DISTRICT, TO ADD A NEW SUB -DISTRICT
SD -27.1 ENTITLED BUENA VISTA YARD EAST, ADDING AN INTENT
STATEMENT, CREATING SPECIAL DISTRICT REQUIREMENTS AND
LIMITATIONS ON USES, AND ADDING DESIGN GUIDELINES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gonzalez, seconded by Commissioner Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Ms. Thompson: The ordinance is passed on first reading, 4/0.
225 September 25, 2003
68. FIRST READING ORDINANCE: AMEND PAGE NO. 21 OF ZONING ATLAS OF
ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE BY AMENDING ZONING
CLASSIFICATION FOR FEC BUENA VISTA YARD FROM I INDUSTRIAL AND C-2
LIBERAL COMMERCIAL TO SD -27.1 BUENA VISTA YARD EAST SPECIAL DISTRICT
AT PORTION OF LAND CONSISTING OF 25.54 ACRES IN AREA (Applicant(s): Planning
and Zoning Department).
Chairman Winton: PZ.25.
Lourdes Slazyk (Assistant Director, Planning & Zoning): This is the atlas amendment; also
recommended for approval by the Planning Department and the Planning Advisory Board.
Chairman Winton: Public hearing on PZ.25. Anyone from the public like to speak on PZ.25?
Anyone from the public like to speak on PZ.25? If not, we will close the public hearing.
Commissioner Gonzalez: Move PZ.25.
Chairman Winton: Motion. Need a second, Commissioner Regalado.
Commissioner Regalado: Second.
Chairman Winton: 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.
Priscilla A. Thompson (City Clerk): Roll call.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AMENDING PAGE NO. 21 OF THE ZONING ATLAS OF
ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE
ZONING CLASSIFICATION FOR THE FEC BUENA VISTA YARD FROM
"I" INDUSTRIAL AND "C-2" LIBERAL COMMERCIAL TO "SD -27.1"
BUENA VISTA YARD EAST SPECIAL DISTRICT; SAID PROPERTY
MORE PARTICULARLY KNOWN AS A PORTION OF LAND
CONSISTING OF APPROXIMATELY 25.54 ACRES IN AREA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
226 September 25, 2003
was introduced by Commissioner Gonzalez, seconded by Commissioner Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Ms. Thompson: The ordinance is passed on first reading, 4/0.
69. APPEAL WITHDRAWN BY APPELLANT DECISION OF HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD, WHICH DESIGNATED GOLD COAST
PHARMACY AS HISTORIC SITE AND AMENDED OFFICIAL HISTORIC AND
ENVIRONMENTAL PRESERVATION ATLAS OF CITY, PURSUANT TO CHAPTER 23 OF
MIAMI CITY CODE AT 2419-2435 BISCAYNE BOULEVARD (Applicant(s): Planning and
Zoning Department).
Chairman Winton: PZ.26.
Sarah Eaton: Mr. Chairman, I believe the applicant -- Sarah Eaton, Preservation Officer for the
City. I believe the applicant is prepared to withdraw the appeal, but would like to make a
statement.
Ben Fernandez: Good evening, Commissioners. Once again, Ben Fernandez, 200 South
Biscayne Boulevard, for the record, on behalf of the property owners of the Goldcoast Pharmacy
on Biscayne Boulevard. The Historic Preservation Board did designate this property as an
historic site. Subsequent to that meeting, we met with your Historic Preservation officer, with
Sarah Eaton, and she gave us further assurances as to the adoption, the preparation of a transfer
of development right ordinance that the City's been considering for some time. We are
withdrawing the appeal. However, we would encourage you to proceed with the preparation, the
adoption, and the implementation of such an ordinance that would allow a property owner with
an affected site to be able to transfer floor area or any other development rights to a parcel
elsewhere in the City, but currently, property owners that abut -- that own land that abuts
properties can do it, but if you don't --
Chairman Winton: Right.
Mr. Fernandez: -- you can't. We would also encourage you to extend ad valorem tax credits the
way the County does to property owners with historic redesignated sites to city -owned
properties. Maybe Sarah can expand on that a little bit.
Chairman Winton: Are you going to look at that also?
227 September 25, 2003
Ms. Eaton: We would be happy to look at that, if you would like us to.
Chairman Winton: Listen, the only way we're going to save historic properties in these zones
where it's already zoned high-intensity development is to figure out how we can bring economic
parity to the table; otherwise, we're going to lose them --
Ms. Eaton: OK.
Chairman Winton: -- so whatever creativity y'all can come up with, it's something that you
ought to bring to this Commission so that we don't have the battle of the bulldozer versus the
historic property, so -- OK. Thank you.
Mr. Fernandez: Thank you.
Becky Roper Matkov: Could I --
Chairman Winton: Yes, ma'am.
Ms. Matkov: -- (INAUDIBLE) something to that?
Chairman Winton: Yes, ma'am.
Richard Heisenbottle: Mr. Chairman, on the same subject. Rich Heisenbottle, vice president of
Dade Heritage Trust, and Becky Matkov, executive director of Dade Heritage Trust. Becky.
Ms. Matkov: Oh, what -- we just wanted to underscore the importance that we feel -- the
attention that needs to be given to developing transfer of development rights or tax incentives or
tax abatements for historic properties, because as you say, we have to save these, but you have to
give something to the property owner to make them feel it's worth the extra amount of --
Chairman Winton: Right.
Ms. Matkov: -- trouble that it does take.
Chairman Winton: Yes, agree. OK.
Priscilla A. Thompson (City Clerk): Excuse me, Commissioner. We need the name for the
record, please.
Chairman Winton: Oh, you didn't put your -- I thought I heard her name. Becky.
Ms. Matkov: I'm Becky Roper Matkov, executive director of Dade Heritage Trust.
Chairman Winton: Thank you. OK. What time is it?
228 September 25, 2003
Vice Chairman Teele: It's not 7 yet.
Chairman Winton: It's not 7, so we've got two PZ (Planning & Zoning) items that are 7 o'clock.
We've -- did we do -- ? We did S-1, S-2. We didn't do S-3 because it's part of the budget.
Ms. Thompson: Excuse me. I don't have anything going on for S-2. I have S-2 and S-3 still
pending.
Chairman Winton: No. I thought we -- I thought I heard y'all do -- I wasn't here. Did we do S --
so we did not do S-2, Supplemental 2?
Ms. Thompson: I think what happened, it's in Commissioner Regalado's district, and he was not
here.
Chairman Winton: Yeah, that's regular --
Commissioner Gonzalez: We did it, PZ.2.
Chairman Winton: The --
Commissioner Gonzalez: We did PZ.2.
Chairman Winton: No, no, this is supplemental agenda.
Commissioner Gonzalez: Oh.
Chairman Winton: It's off the PZ agenda. The only PZ items we have left are time certain for 7,
so I'm going to go back to the regular agenda and do some clean-up on regular agenda for five
minutes or six minutes.
70. DEFER CONSIDERATION OF PROPOSED AUTHORIZATION FOR CITY
ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN
EQUITY, TO ENSURE CITY CODE COMPLIANCE OF VIOLATIONS RELATED TO
RECREATIONAL EQUIPMENT/MOBILE TRAILER AND CARPORT WHICH ENCROACH
INTO REQUIRED SETBACK OF PROPERTY LOCATED AT 2197 S.W. 10 STREET.
Joel Maxwell (Deputy City Attorney): Mr. Chairman, did you say you were taking up S-2 now?
Chairman Winton: Yes, I said we're going to --
Mr. Maxwell: OK.
Chairman Winton: -- move away from the PZ (Planning & Zoning) agenda and back to the
regular agenda for six or seven minutes --
Mr. Maxwell: OK.
229 September 25, 2003
Chairman Winton: -- because the only other item we have left is --
Mr. Maxwell: Yeah. I think S-2 --
Chairman Winton: (UNINTELLIGIBLE).
Mr. Maxwell: -- is a request --
Vice Chairman Teele: (UNINTELLIGIBLE) 7 o'clock?
Mr. Maxwell: --for --
Chairman Winton: Yeah, and that's --
Mr. Maxwell: -- direction from the Commission to --
Chairman Winton: -- six minutes from now.
Mr. Maxwell: -- pursue injunctive relief.
Vice Chairman Teele: Six minutes? Four minutes.
Commissioner Gonzalez: Thank you.
Vice Chairman Teele: Look at your time now.
Chairman Winton: OK. Mr. City Attorney, Madam City Attorney, y'all ready for supplemental
2?
Alejandro Vilarello (City Attorney): Supplemental 2 is a request by the Administration to
authorize my office to seek injunctive relief with regard to a property which a normal Code
enforcement compliance has not been successful.
Vice Chairman Teele: So move.
Chairman Winton: Sounds like a great motion to me.
Commissioner Gonzalez: Second.
Vice Chairman Teele: I'm sorry. It's in Commissioner --
Commissioner Regalado: I don't know anything about this. It's located in the district that I
represent, so I guess you all want to do whatever you want to do.
Vice Chairman Teele: I ain't making no motion. I'm not (UNINTELLIGIBLE).
230 September 25, 2003
Commissioner Regalado: You don't even have the decency of coming and saying, you know,
we're going -- I don't know anything about this, so you know, do whatever you want.
Sergio Guadix: Yes, Sergio Guadix, with Code Enforcement of NET (Neighborhood
Enhancement Team). Commissioner, this is a property that has been giving us a problem for a
very long time. It has violations --
Commissioner Regalado: I'm not asking you about what is the property --
Chairman Winton: History.
Commissioner Regalado: You can demolish it, if you want. I'm just saying that it's located in
my district.
Vice Chairman Teele: I move that the item be deferred to the next meeting.
Commissioner Gonzalez: Second.
Commissioner Regalado: Whenever we take something to court, it's the area Commissioner that
does that. You want to do it by yourself, be my guest.
Mr. Guadix: No, sir, and I apologize for that. I'll be more than willing to --
Chairman Winton: We have a motion and a second to defer to the next meeting. Any further
discussion?
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I just want to say one thing on this. Look, we all have to vote our
conscience. I'm not going to vote for the district of Commissioner Regalado or against it, but
based on anything but what you present, but I will never support taking an action in someone's
district in which they've not even been given the courtesy of a briefing. I think it's not only rude
and inappropriate; it really doesn't make for good working relationships between that
Commissioner and the management, and in doing so, it makes for bad relationships for the whole
Commission, so I -- you know, again, you -- I'm going to listen to the merits of it, but again, I
just think it's so important that the Commissioner whose district is affected, whether it be mine
or the next Commissioner's, be afforded the opportunity to have a full discussion and a briefing.
Mr. Guadix: Yes.
Chairman Winton: OK. Any further discussion? Being none, all in favor, "aye."
The Commission (Collectively): Aye.
231 September 25, 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. 03-1059
A MOTION TO DEFER CONSIDERATION OF PROPOSED
AUTHORIZATION FOR CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF,
OR ANY OTHER ACTIONS IN LAW OR IN EQUITY, TO ENSURE CITY
CODE COMPLIANCE OF THE VIOLATIONS RELATED TO
RECREATIONAL EQUIPMENT/MOBILE TRAILER AND A CARPORT
WHICH ENCROACH INTO THE REQUIRED SETBACK OF THE
PROPERTY LOCATED AT 2197 S.W. 10 STREET; FURTHER DIRECTING
THE CITY MANAGER TO MEET WITH THE DISTRICT 4 COMMISSIONER
IN ORDER TO BRIEF HIM OF ALL DETAILS RELATED TO SAID
VIOLATIONS.
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
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Gonzalez: That was to defer, right?
Chairman Winton: Yes, defer, and Madam Clerk, do we have any other -- ? S-3 really should be
a part of our overall budget, so you know, I don't think we want to -- that's going to go into
budget hearing section, so --
Priscilla A. Thompson (City Clerk): I don't know if you want to check with Alex because this is
rescinding a resolution.
Vice Chairman Teele: Huh?
Chairman Winton: What is?
Ms. Thompson: S-3.
Vice Chairman Teele: Budget --
232 September 25, 2003
Chairman Winton: Oh, S --
Vice Chairman Teele: --item.
Ms. Thompson: I'm sorry?
Vice Chairman Teele: It's a budget item, isn't it?
Commissioner Regalado: 7 o'clock.
Ms. Thompson: It's actually --
Commissioner Regalado: Johnny ---
Ms. Thompson: -- rescinding the resolution --
Commissioner Regalado: -- 7 o'clock.
Chairman Winton: OK.
Ms. Thompson: -- that was adopted.
71. ZONING ORDINANCE TEXT AND ATLAS AMENDMENTS ENACTING NCD -2
GRAND AVENUE CORRIDOR AND NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT.
Chairman Winton: Well, anyhow, it's 7 o'clock, so I have 7 o'clock on this clock here. So I
think we're going to go -- now go back to P&Z (Planning & Zoning) and take up the time certain,
which is PZ -15.
Vice Chairman Teele: Isn't it 15 and 16?
Chairman Winton: Madam Clerk -- yes, 15 and 16. Madam Clerk, you probably -- there's a lot
of new people here. You might want to swear everybody in.
Priscilla Thompson (City Clerk): We're now going into PZ Items 15 and 16. If you plan to
speak on those items, I need you to please stand and raise your right hand so you can be sworn
in. This is for PZ Items 15 and 16.
Vice Chairman Teele: All y'all going to be talking on this?
Commissioner Regalado: Wow.
Chairman Winton: Should have been here last time.
233 September 25, 2003
Commissioner Regalado: 15.
Ms. Thompson: 15 and 16.
AT THIS POINT, THE CITY CLERK ADMINISTERED OATH, REQUIRED UNDER
CITY CODE SECTION 62-1 TO THOSE PERSONS GIVING TESTIMONY ON
ZONING ISSUES.
Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -15 and 16 are companion Zoning
Ordinance text and atlas amendments to enact the NCD -2 (Neighborhood Conservation District)
Grand Avenue Corridor Neighborhood Conservation Overlay District. This was recommended
for approval by the Planning Advisory Board, recommended for approval by the Planning and
Zoning Department and passed by this Commission on first reading July 24, 2003. What this
does is, it puts a Neighborhood Conservation Overlay District on the properties fronting Grand
Avenue in order to limit some uses, to expand the setbacks, and to allow actually new uses on the
office portion of the district. It would enact a new height limit, and it would allow for greater
flexibility in the office district, and a pedestrian pathway designation for the Neighborhood
Conservation Overlay District of Grand Avenue. At first reading, I read several changes --
corrections into the record and I just want to reread those and one new one that's a clarification.
Just to get them in the record first. Page 3, at the top, it reads Section 801.1. It should read 802.
This is NCD -2. On page 4, it talks about -- at the bottom, it says Section 802.2, effective NCD -1
district designation. That needs to be corrected to be NCD -2. I'll give all of these to the Law
Department to make sure that they -- it gets signed this way. On page 6, Items 4 and 5, which is
a Certificate of Compliance in lieu of Class II for this district needs to be eliminated, and the
page 7, the setbacks for the properties with an underlying classification of R-2. It's got the
number 5, with a number 10 in parenthesis, a zero with a 5 in parenthesis. Those need to be
corrected as follows: Front should be 10 feet minimum and maximum; side should be 5 feet
minimum, and I need to also add the language regarding building footprint. When we expanded
the setbacks, the building footprint limitations of 40 percent, which is in the underlying district,
no longer apply, so I want to add the language that says, "In addition, there shall be no maximum
building footprint. However, all structures shall comply with the setback limitations specified
above." What this basically does in the --the O (Office) District of the NCD -2 is probably the
one with the most changes, as a result of the NCD -2. I want to be real clear that we are not
changing the FAR (Floor Area Ratio). The FAR in O today is 1.72 and that is going to remain
1.72. As far as setbacks --
Chairman Winton: Which means, there is no down zone.
Ms. Slazyk: No. Absolutely not. The FAR is staying exactly the same. As a matter of fact,
when I did a comparison between the office district and the NCD -2 district, the only new
limitation is height. Everything else was either increased or made more liberal than what it is
today. In setbacks, the O district used to read: Front 10, side 10, or the same as the abutting
district, whichever is greater, and the rear 10. In the new NCD, the setbacks are going to be 5 in
the front, zero on the sides and 10 in the rear, and since these properties abut residential districts
in the rear, the O districts really had a 20 -foot setback in the rear, which is now gone. It would
be 10 feet. The building footprint had a 40.4 times the gross lot area, maximum. Now, there is
234 September 25, 2003
no maximum, so that's also an increase. The uses in the office district were limited to residential
office and other miscellaneous uses that were non -retailed, non-commercial in nature. Under the
NCD -2 overlay, they would be expanded to include ground floor retail and restaurant and
commercial uses that they can now open up to the public, which was not allowed before, so that's
actually an increase in what they get to do, and in the parking, the -- for the residential districts,
they're now allowed to do tandem parking, which is cars in front and behind each other, rather
than having to do two next to each other. This allows for much greater flexibility in parking
your cars on your properties, and for adaptive reuse of existing buildings, they don't have to
provide any new parking under the NCD -2, so that's also something greater that they get under
this zoning overlay that they did not have before. We think that it is good for Grand Avenue.
It's going to encourage the kind of development that is more compatible with the historic
character of Grand Avenue, and we recommend approval.
Chairman Winton: PZ -15 is a public hearing. Anyone from the public -- I guess there's lots of
people from the public. Would you all -- all of you who are going to testify, would you do me a
favor and stand up and work your way to the -- to both podiums. There's a two -minute --
Vice Chairman Teele: Mr. Chairman, it might be better for everybody, if we could
(INAUDIBLE)
Joel Maxwell (Deputy City Attorney): Didn't mean to cut you off, Commissioner. I was just
trying to also point out it would be a good idea, too, Mr. Chairman, if you swear everybody in
again. I think a lot of people came in.
Chairman Winton: We just did --
Vice Chairman Teele: We just did.
Chairman Winton: Five minutes ago.
Vice Chairman Teele: Three minutes ago.
Mr. Maxwell: Oh.
Vice Chairman Teele: Mr. Chairman, it would really be helpful if we could let one person speak
on behalf of the project and give them -- or one or two people. Give them an extended time.
Chairman Winton: OK, great.
Vice Chairman Teele: Then let everybody who's here in opposition speak, and then come back
to everybody here that would like to support it, but I think it's going to be difficult if everybody's
just jumping up saying what they think and it's going to be very difficult to understand the
continuity.
Chairman Winton: So, is there anyone here representing the Development side that would like
to speak first, since we've got the position of the --
235 September 25, 2003
Vice Chairman Teele: In support of the recommendation.
Chairman Winton: Yes.
Seth Sklarey: Excuse me. Commissioner, is this the development side? Are we talking about
zoning for the whole neighborhood? I don't know of any development side specifically, other
than what's mentioned in anything. Lourdes --
Chairman Winton: Well, there has been, so --
Ms. Thompson: I'm sorry, Commissioner. I'm sorry. We do have a court reporter here on this
case, so we need to make sure that each speaker states his or her name before he or she speaks.
Chairman Winton: Yeah.
Vice Chairman Teele: What was your name?
Chairman Winton: And so --
Vice Chairman Teele: What was your name, sir?
Mr. Sklarey: My name is Seth Sklarey, Post Office Box 332172, Coconut Grove.
Vice Chairman Teele: Mr. Chairman, don't you have a group that sort of coordinated the
process? If you could give them 10 or 15 minutes to make a full presentation, and then let the
people in opposition speak, and then come back to the people who are supporting, it gives
certainly the opponents an opportunity to fully be heard.
Chairman Winton: OK. That sounds fine. C.C., I don't know if you heard that, but what
Commissioner Teele is suggesting is that the group that has worked -- you know, bringing
somebody up with the group that's worked with the community to develop the NCD to give kind
of the history and what that's all about, and then we'll go to someone who would like to represent
the opposition to this idea and then we'll open it up for everybody else to come up and do their
two -minute gig, but we'll give each of the pro and con here a little longer on each side, and then
we'll open it up to --
Vice Chairman Teele: You give her five or ten minutes or whatever she needs.
Chairman Winton: Yes, right.
Vice Chairman Teele: And then somebody else ten minutes.
C.C. Holloman: OK. C.C. Holloman. My office address 2500 Pan American Drive. C.C.
Holloman, and I am a consultant for the City of Miami, and I have been assigned to work with
the Coconut Grove community, and have been facilitating all of the public meetings and the
236 September 25, 2003
process in developing the Neighborhood Conservation District Plan. I want to read into the
record my address to the Commission, and then I've also provided a consultant's report. This
time it's pretty brief. It's only three pages, but it brings you up-to-date in terms of where we're at
since our last meeting here. I want to thank you again for the opportunity to address this
important matter impacting the Coconut Grove community. We appeared before you last on July
24th, 2003 for the first reading of the Grand Avenue Neighborhood Conservation District, and at
that time, you were disposed, unanimously, to support the passage of that NCD in the first
reading. Since that time, many things have occurred in the community. In this very disinvested
and predominantly African-American and Bahamian American community, gentrification, as
you know, is pronounced and it will have a definite impact on the quality of life of the residents.
Since the first reading of the NCD, many properties east of Hibiscus Street have been purchased
and predominantly by one or two developers. Displacement has already occurred due to forced
closures, code enforcement and ordinance citations, changes in ordinances, increased land values
and overwhelming maintenance costs for property owners, and there's been a significant shift in
ownership by African-American and Bahamian -American property owners, many of whom have
held property for many years. Most of this has now been purchased by one or two developers
and there's proposed higher end housing and commercial development. This has resulted in
displacement of long-term renters and, in some cases, seniors and working individuals who
complain that they can no longer afford to live in Coconut Grove. Now, this trend is happening
all over the Grove and, in fact, all over the country. It is very typical, gentrification. Residents
are acutely aware of the proposed developments on Grand Avenue and they are passionately
opposed to any building higher than five stories or 62 feet, representative in the NCD.
Chairman Winton: C.C., before you go on, I think it's important, particularly for Commissioner
Teele's benefit, you need to also -- you know, I don't want to stop you from going -- but you need
to come back and give the history of how we got where we are, what that was all about. The
public hearings and all that jazz, so that there's -- so, if there's a clear understanding.
Ms. Holloman: OK. That's really my next statement. Which is that over a period of a year and
a half now, the residents in Coconut Grove have participated in public meetings. As of
yesterday, there have been 19 public meetings held in Coconut Grove. We've had extremely
good attendance at these meetings. The last two meetings and since July 24, when the first
reading was -- when we had the first reading, since July 24, we have had three additional public
meetings. The first meeting was attended by over 75 residents of the community, many of whom
were elderly residents who were very concerned about what will happen to them as this
development takes place. In our second two meetings, we had over 100 people in the Frankie
Rolle Center. It was standing room only, and during that time -- and I'll step away from my
reading, because I know what it says -- but during that time, at the Frankie Rolle Center, on last
Thursday, this public meeting, we asked for proposals from the community for our last real
opportunity to hear from the community and anybody in the community who had proposals or
suggestions or recommendations or concerns. We have -- actually, in those 19 meetings, we
have reached out to everybody that we can think of to encourage them to be a part of these public
meetings, and held a very objective facilitation of the process so that pro and con people were
able to voice their concerns. On last Thursday we had nine proposals that came from community
and from developers. Each of those proposals were given an equal opportunity to make
presentations to the community, and then we facilitated discussion. Questions were asked and
237 September 25, 2003
answered. Hard questions were asked and answered, and I have to say this. We prefaced every
meeting by saying to the community that developers are not the enemy because in these kind of
communities, when you see this kind of development happening and people see that people are
being displaced, they become afraid and they become resistant to developers. We prefaced this
with the understanding that developers are not the enemy. Developers are business people who
are in the process of trying to make some money, and we also said that we welcome
development; that new development has to happen in Coconut Grove. I think you need to know,
Commissioners, that this community is poised and ready to embrace new development. Their
concerns are that the community remain -- that the character of the community remains intact.
Their concern is also that there is no unnecessary displacement, such as some of the
displacement that is occurring currently. One of the meetings, there was really some indignation
because an 80 -year-old senior has been displaced in this process, and so it can't be haphazardly
done. They're also very concerned about any trafficking, additional trafficking on commercial --
on residential streets, and so, the concern about height on Grand Avenue and parking issues are
things that have been the predominant topic of all these discussions, as we talk about Grand
Avenue. The residents on Thomas and Florida Avenue, which is adjacent to the main street on
Grand Avenue, have repeatedly and very passionately stated that they do not want to have
parking on those residential streets and they do not want to have commercial activity on -- and
trafficking on those commercial -- on those residential streets. The community has, in all 19
meetings, unanimously stated that they want to have no more than five stories or 62 feet height
on Grand Avenue. They -- the three things that they have been very strong about is that they
want to have a Bahamian architectural vernacular or style in all development. They want to
maintain the scale of the community and they want to make sure that there's no encroachment on
the residential streets. Those are the three strong issues there. Now, we have seen and met with
developers who are developing on Grand Avenue five stories and have complied completely
with the elements of the -- and requirements of the NCD as you passed it in your first reading.
Not only have they complied, but they have also brought something to the table without trying to
compromise and go higher. One of those developments, Bruno Caracello, is doing a loft
development at Grand and McDonald, and he actually came to the -- he participated in all of the
meetings and he has also come to us and said, how can I help the community? Can I provide
jobs in my development? How can I help the community? Around the corner at the Grove
Gardens, we've had developers who have said that they will, even though they're not in the West
Grove, that they will work with the community and provide support to the community, so we
don't think that a compromise is necessary. Essentially, what I'm asking you to do is to seize this
opportunity to support the NCD as presented tonight and support it unanimously and in its
entirety. I believe that this NCD is the voice of the people. It has been proposed by the people.
They've had opportunity to meet to talk, to dialogue, to get to participate with the architects and
planners and developers. They understand the process and it represents their voice, so I want to
thank you also for allowing me, in particular Commissioner Winton, for allowing me to be a
part of facilitating this process.
Chairman Winton: Thank you.
Ms. Holloman: Thank you.
238 September 25, 2003
Chairman Winton: Now, could we hear someone who would like to speak in opposition to the
plan, that has the key points in opposition to the plan?
Carter McDowell: Good evening. For the record, my name is Carter McDowell, offices at 2500
Wachovia Financial Center. I'm here and I represent several of the property owners affected by
this ordinance, and there are a number of issues we have with this ordinance, some technical and
some substantive. At the outset, I would say our point is that we believe this is -- this should be
reviewed further, that there is the potential to reach a consensus possibly, but that this ordinance,
as it currently is drafted, really doesn't work and there are numerous problems with it. Forgive
me for doing this, but for a moment I will deal with the technical issues. We believe there has
been inadequate notice. The notice that was provided was 10 -day mailed notice. The
advertisement did not include a map. We believe that the Florida Statutes clearly requires that
there either be advertised notice with a map showing the district and/or 30 -day mailed notice of
all of the hearings. I will tell you, I have talked to your City Attorney about this and he will tell
you that he disagrees with me, so we have a respectful disagreement. The City takes the
position that they have met the notice requirements. I don't understand how, but they take the
position that they have. I would also note for the record that the certifications of the mailing of
the notices to property owners had -- I've been involved in this for one week. Those
certifications have changed three times in that one-week, and each time we've gone to the file,
they've been somewhat different. That is troubling to us. That's so much for the technical side
of the world. Let me talk to you about the ordinance and some of our problems with it. We also
have an architect that I would like to speak to you because, candidly, we disagree with your
staff s conclusion that this has no impact, from an FAR standpoint, on the office properties. I
would note --
Vice Chairman Teele: Excuse me. Counsel, did you state on the record who you're representing
in this matter?
Mr. McDowell: I'm sorry. If I did not, I will. I am a registered lobbyist, and forgive me. I took
notes on a separate pad when staff started talking. Let me make sure I get it right. It's Combined
Investors, Inc. and Muskat Brothers, Inc., who are both property owners in this district, in the O
district, that are affected by this ordinance.
Chairman Winton: How many properties?
Mr. McDowell: Honestly, I don't have that in front of me. I can dig it out. I've got the
information specifically. They own two major properties, one on Grand and Hibiscus and,
forgive me, I don't remember the other because there are -- I've talked to a number of people
about a lot of different properties.
Vice Chairman Teele: And if I just may, Mr. Chairman, and are you representing that your
clients did not receive notification?
Mr. McDowell: That is correct. They did not receive 30 -day mailed notice of these hearings.
That is absolutely correct.
239 September 25, 2003
Vice Chairman Teele: Thirty -day mail notice?
Mr. McDowell: That is absolutely correct, and they did not receive one -- at least one of the
notices that apparently was mailed out, but they have not received notices of each of the
hearings.
Vice Chairman Teele: But they did receive notice, but it was not within the 30 -days, is that --
Chairman Winton: Were they owners?
Mr. McDowell: The mailed notice was 10 days before the hearing. The State Statute refers to 30
days before the hearing for mailed notice.
Joel Maxwell (Deputy City Attorney): Mr. Chairman.
Chairman Winton: Yes, sir.
Mr. Maxwell: May I respond to that, please?
Chairman Winton: Sure. Absolutely.
Mr. Maxwell: As Mr. McDowell has pointed out, he's raised this point and we've looked at
Chapter 166.0413 (C), I believe, which controls this particular question, and we are of the
opinion, in the City Attorney's Office, as Mr. McDowell pointed out, that the Hearing Board
Division did, in fact, comply with the law. Mr. McDowell is looking at one section of Chapter
166 that does talk about mailed notices. There is a subsequent section of 166 that additionally
talks about mailed notices, and we believe that the second section is the section that we complied
with. We did not post a map, as he indicates, but we believe that the mailed notice that we sent
out took care of that problem. I would like for Ms. Fernandez to approach the podium, please.
Vice Chairman Teele: I don't -- look, I'm --
Mr. Maxwell: There's one thing that I would like her to put in the record. Just one thing, if you
will, Mr. Chairman. Ms. Fernandez, for the record, your name and position.
Teresita Fernandez: Teresita Fernandez, Hearing Boards.
Mr. Maxwell: And what type notice did you provide for this --
Ms. Fernandez: I provide notices to the adjacent property owners. We sent 457 notices, and the
property owners within the area to be charged, we had 84 property owners notified.
Mr. Maxwell: And they were sent mailed notices as well?
Ms. Fernandez: Mailed notices.
240 September 25, 2003
Mr. Maxwell: Do you have a copy of that notice?
Ms. Fernandez: Yes, I do.
Mr. Maxwell: We'd like to enter a copy of this notice into the record, Mr. Chairman.
Mr. McDowell: It's already a part of the record. It's part of the file.
Chairman Winton: Yeah.
Mr. McDowell: There's no question about that.
Mr. Maxwell: We wanted -- would you give it to the Clerk, please, Ms. Fernandez?
Chairman Winton: Well, is she required to give it to him or the Clerk?
Vice Chairman Teele: He's got to a right to review it.
Mr. Maxwell: I -- let him see it.
Chairman Winton: Oh.
Mr. Maxwell: That was in addition to newspaper published notice?
Ms. Fernandez: That's correct, and the posting of the property.
Mr. Maxwell: And this notice you just gave to the Clerk went to each and every property owner
in the area?
Ms. Fernandez: Yes, sir.
Mr. Maxwell: As well as those within the 500 feet.
Ms. Fernandez: Yes, sir.
Mr. Maxwell: Thank you very much, Commissioner.
Mr. McDowell: While we're on the topic of that notice, which I do have a copy of, I would point
out that in addition to the timing issues, that the notice, in my opinion, is inadequate to put
people on notice of what the action and what the affect of this ordinance is. Let me read you just
one line from the State Statute, and then I'll talk to you about the notice itself. "Such notice shall
clearly explain the proposed ordinance and shall notify the person of the time, place and location
of any public hearing on the proposed ordinance." State Statute. The notice that was sent says
that we're going to adopt regulations for the NCD -2. It says that we're going to apply it to certain
properties. Nowhere in the title, in the notice, anywhere is the word "reduction in height"
mentioned. Nowhere in the notice. For the O zoned properties, this district is proposing to run
241 September 25, 2003
along Grand Avenue. It will cover properties that are zoned SD -2. It will cover in the middle
properties zoned O and it will cover further properties to the west, SD -2. The notice and, in fact,
the ordinance itself refers to -- and I'll read you what the ordinance says -- the underlying SD -2
district already has a maximum height limitation of 50 feet. Therefore, in order to ensure
appropriate scale, it goes on, that the development in the O district should be limited to five
stories and 62 feet. What it doesn't say is, oh, by the way, the current height limitation in the O
district is unlimited. The notice doesn't say that. The ordinance doesn't say that, so there is --
unless you dig into the background, as I have done in the last seven days, you really don't know
that.
Chairman Winton: Mr. City Attorney, I'm a little confused here. You two are having a battle
over whether or not there's proper notice. Does all of this have to --
Mr. McDowell: No.
Chairman Winton: Could the details of this go in the public record?
Mr. McDowell: And I will -- I'll go --
Mr. Maxwell: Mr. Chairman, I don't think it's necessary to go any further than we just did a
moment ago. Mr. McDowell has indicated his objection. He's indicated that he believes notice
was inadequate. We've responded. I don't believe any additional discussion on that particular
item is necessary. He'll be able to make that argument in court, if it goes that far.
Chairman Winton: OK.
Mr. McDowell: My point was --
Chairman Winton: We've got the point, but you had some substantive issues, as well, didn't
you?
Mr. McDowell: I believe that's a very substantive issue. When you take a property owner --
Chairman Winton: We've heard that.
Mr. McDowell: -- and you reduce -- well, this is a substantive issue that I believe you need to
focus on, because I believe, in the words of the Bert J. Harris Act, that when you take two blocks
-- three City blocks, the frontage of three City blocks and you have an existing zoning that
permits an unlimited height limitation -- although it does have setbacks which may, from a
practical standpoint, limit it to approximately 12 stories -- and you suddenly drop it to five
stories, that you've inordinately burdened the front of those three blocks, and we have an
architect here who has reviewed these issues and will testify that, in fact, it is not possible to
achieve the permitted FAR within a five -story height limitation, where it is clearly possible
within the existing height limitation, which is unlimited and really, practically speaking, 12
stories, so there is absolutely a down zoning for the properties that are zoned "O." It is true that
the setbacks are relaxed somewhat. It is also true that there are certain retail uses that would now
242 September 25, 2003
be permitted in the O district that are not permitted today, but it is the relaxation of those
setbacks that allow you to come close to meeting the FAR that is currently permitted. You still
can't achieve it. Without that reduction -- and I might add that the change read into the record
that eliminated the lot coverage tonight was the first time we've heard that, and it does affect -- it
is an improvement, we acknowledge, but it still does not allow the -- a property owner to achieve
the FAR that is otherwise permitted in the district. I would like to note for you specific things in
the ordinance that seem to us to be inconsistent, at least. The intent statement in the overall
district says, in order to promote the successful revitalization and restoration, this district is being
enacted and, yet, you are telling property owners, who invested millions of dollars in acquiring
properties based on existing zoning, who are ready, willing and able to move forward with the
development of those properties, "No. We're sorry. We're going to down zone you so that you
can no longer make an economically viable project on this piece of property based on what your
investment backed expectations were." It says, we're to revitalize and restore the Avenue. It
goes on to say that we're to utilize the urban design guidelines established in this ordinance and,
yet, to my reading, there are no urban design guidelines in this ordinance. Says there are, but
there aren't. I've looked at it. I've read it, and I might take a back step for a minute. Yes, I'm an
attorney, but I'm also a planner. I have a master's degree in planning. I worked for the City of
Miami in 1976. I worked on the original 9500 Zoning Ordinance. I have written Zoning
Ordinances for the City of Miami, South Miami, Bay Harbor, Bal Harbour and any number of
other communities, so I come to this not as just an attorney speaking to you. I come to this with
years of governmental practice writing Zoning Ordinances and examining and applying them to
properties. This ordinance, candidly, really doesn't work. There are issues in it from start to
finish. In the purpose statement, while some events may be geared toward tourists, a concerted
effort should be made to bring back residents to the Grand Avenue Corridor. Then it goes on to
say -- and this isn't a purpose, an intent statement which is to be applied, along with the urban
design guidelines, significant, free public parking should be provided in the rear of buildings.
Well, ladies and gentlemen, the lot depth of the lots that you're dealing with are no more than
120 in deep. I don't understand how a Zoning Ordinance can say to a private property owner, as
a requirement, you must provide significant free public parking on the rear of your property.
Chairman Winton: Did it say that? I didn't hear you read that.
Mr. McDowell: Significant free public parking should be provided in the rear of the buildings.
Unidentified Speaker: It's right here.
Mr. McDowell: Right in the ordinance.
Chairman Winton: It should be a requirement, by the way?
Mr. McDowell: It is on page 4 -- 14 of the ordinance. I'm reading directly from it.
Ms. Slazyk: It says "should", not "must."
Mr. McDowell: OK. It's part of the Design Review Process, as you go to get your SP. It then --
there's also a reference to the Grand Avenue Corridor Appearance Code. One of the things that I
243 September 25, 2003
found difficult in trying to prepare for tonight's hearing is, I went to -- the notice says that you're
supposed to go to the Hearing Boards, and the official file is there with all of the back-up
documents. In that file, as of this morning and prior to now, the only thing that is there is, in
fact, the two packages that you have in front of you. There are no planning studies, despite the
fact that I asked, is there any file anywhere else that's got background information on this?
There's not a single planning study in the official file. There's nothing to back up how they came
up with these regulations. I'm not suggesting to you that there haven't been meetings and
discussions about it, but, in fact, in the official file and record of this hearing, there is not a single
planning study, none, other than the package that's before you. I would have reviewed it and
tried to understand what the reasoning was behind it, but it wasn't there to review. The
underlying -- the height issue, to me -- what really happens with this ordinance when you cut
through everything else? SD -2, the existing zoning on portions of Grand Avenue, gets a net
benefit. It has a lower permitted FAR. It has a five -story existing height limitation and this
allows certain additional uses. It also, the SD -2 Zoning Ordinance at this moment, allows you to
pay a fee and pay -- provide no parking. The Office District, which is in the middle of this,
surrounded by the SD -2, although it is three blocks long, has unlimited height and specific
parking requirements. You can't buy your way out of the parking requirements, so when you
bring the height of the building down, you necessarily reduce the amount of the area that you can
develop and our architect, if you will allow him to do so, will explain to you that it is not
possible to, in fact, achieve the FAR as discussed, and what becomes the limiting factor in most
areas is the parking. Permissible uses. Yes, we pick up certain retail uses in the Office District.
There is truth to that. Another substantive confusion that occurs in this ordinance and in the
district regulations -- there is two sub -districts within this NCD ordinance. There's a Grand
Avenue Market District Overlay and there is a Grand Avenue Cultural District Overlay. If you
read the intent of the Grand Avenue Market District Overlay, it talks about it applying to a
portion of Commodore Plaza and a portion of Grand Avenue. It is the intent of these streets --
the intent is to enhance these streets as tourist destinations. Well, if you remember, I read you
the first intent statement, which said, some tourist activity is OK, but we really want residents.
We don't want tourists, so now, the intent of a market overlay is to, in fact, enhance these streets
as tourist destinations and create a retail bridge connecting Commodore Plaza to Grand Avenue.
More interestingly, particularly with regard to the notice and the boundaries of the district, the
boundaries of that sub -district, according to this ordinance, are run along Commodore Plaza from
Main Highway, northwest in the Grand Avenue Corridor District and along Grand Avenue
Corridor from Commodore Plaza, west to Elizabeth street. Well, ladies and gentlemen, your
notice doesn't include Commodore Plaza at all, and this district and your maps don't include
Commodore Plaza at all, so clearly, there's a problem there. In the Market District Overlay,
what's permitted in addition to the underlying is farmers' markets and Caribbean crafts. I think
we all have some gut sense of what that may mean, but as you begin to examine it, it becomes
less certain and more confusing. It then says, only homemade crafts, fresh fruits, vegetables,
prepared raw foods -- which I guess means you can't cook there. I'm not sure -- and drinks
derived from fresh fruits, vegetables may be sold in an outdoor market within this district. You
can't sell a bottle of water. Seems kind of unintended, but that's what the district said. Only --
and then it goes on to list and say the only drinks you can serve are fresh fruits -- drinks derived
from fresh fruits and vegetables, so God forbid, you don't like smoothies, you're going to be in
trouble if you're thirsty. You can't have a coke. You can't have a bottle of water, anything else.
Let's talk about the other sub -district, the Grand Avenue Cultural District Overlay. The
244 September 25, 2003
distinctive -- this is intended to establish the distinctive -- a distinctive cultural character to retail
and commercial --
Vice Chairman Teele: You can have something from sugar cane, right?
Mr. McDowell: I believe so. It would seem to me that would be permissible.
Vice Chairman Teele: Rum comes from sugar cane.
Mr. McDowell: That's a great idea. However, in an outdoor, unenclosed market, I have a feeling
some other people might object to it, as much as it would be a good idea.
Vice Chairman Teele: How long are you going to be taking? Because you're taking --
Mr. McDowell: I'm almost -- I'm going to walk through this ordinance and then I'm going to
stop.
Vice Chairman Teele: -- substantially longer than the -- no, no, no, I don't want to rush you, but
I would like to know.
Mr. McDowell: I would say five, 10 minutes, and I would like the architect to tell you his
analysis of the impact of these regulations on the Office Districts, if we may. The Grand Avenue
Cultural District Overlay is to establish a distinctive cultural character to retail uses along Grand
Avenue between Elizabeth Street and Douglas Road. The intent is to enhance this corridor as a
tourist destination. Well, I thought the intent statement said we didn't want tourists. We wanted
residents, and yet, both of the sub -districts say the intent is to enhance the corridor as a tourist
destination. It then goes on to encourage heritage retail and cultural historic, businesses and it
goes on. Boundary -wise. Again, your notice and this ordinance suggests that the westernmost
boundaries of this district, if I remember correctly, are Booker Street and -- forgive me, I don't
remember the other westernmost boundary there -- two blocks past Douglas Avenue. Booker
Street and Jefferson Street. That's what the notice says. Yet, the boundaries of the two sub -
districts, as listed in your ordinance, stop at Douglas Avenue -- Douglas Road, forgive me, so the
notice says we're going to cover these two blocks, but we don't. On the other hand, the ordinance
covers all of McFarland, but the notice doesn't tell us that it does, and indeed, the other ordinance
doesn't cover that area.
Vice Chairman Teele: Counsel, hold on.
Mr. Maxwell: And just for the record, Commissioners, this is the first time I've heard that
argument, and I -- it's -- I just want to make clear for the record that our response to the initial
notice argument was to totally different grounds than the one that's being raised at this time now,
so if it turns out that Mr. McDowell is right about that, then we may have to reconsider that
particular point, but I want to make it crystal clear that our response did not address that issue
because this is the first I've heard of that issue, that the notice didn't include all the areas that the
ordinance does.
245 September 25, 2003
Mr. McDowell: Honestly --
Vice Chairman Teele: Mr. Chairman, can we hear from --
Mr. McDowell: -- I didn't realize that it either, until I was sitting here -- while I was waiting.
Vice Chairman Teele: Mr. Chairman, can we hear from staff on that?
Ms. Slazyk: There is an explanation for that. The -- what he's reading from is your text
amendment. The atlas amendment did not include the Commodore Plaza or all the way to
Douglas because we didn't intend to apply NCD to those properties yet. The text amendment is a
more broader -- it covers a broader area because the community -- we're still working with the
community under another NCD for Coconut Grove that was going to create sub -districts within
the Grove for which Grand and Commodore were going to be included in something called the
Island District, so the text of this is more encompassing than the atlas because there is another
phase of the NCDs coming to Coconut Grove. The atlas amendments, which is what we
provided notice for, was all we intended to provide notice for because we're not applying this
district to those properties yet, so the notice was correct. The text amendment is just more broad
than the atlas amendment because we are -- and one of the things I did strike in the amendments
I read at the very beginning was that -- the section with the appearance code, because that is also
something we're still working on in order to enact that for the entire district when it becomes the
Island District, so I did strike the reference to the appearance code.
Mr. McDowell: I apologize. I must have not picked that one up when you made that comment.
The only thing I would say is, I'm reading you your ordinance you're ready to adopt and it says
what its boundaries are. I didn't make those up. I'm reading them. It says from Main Highway
to -- down McFarland to Grand. Now, it may be that the other ordinance doesn't cover that. I
don't even argue that. I don't think it does cover that, but you can't adopt something in your
Zoning Ordinance that says these are the boundaries and say, yeah, but we didn't map them so it
really doesn't apply. Because I believe that the boundary discussion in the ordinance itself is as
much of a rezoning issue as it is -- now, you could talk about there's an intent to expand it there.
You could do a lot of things to address that. You could say we're going to come back and add it
to it or it's our intention to extend it. All of those things could be done, but that's not the
ordinance in front of you.
Chairman Winton: Mr. City Attorney.
Mr. Maxwell: Mr. McDowell has made his argument. Ms. Slazyk responded. I think -- the gist
of her response was that the provisions that covered a broader area were a part of the legislative
ordinance. And if I'm correct in what she was saying, but that the application of the ordinance
itself, which is the smaller area contained a proper legal -- proper description, so in that case, it
sounds like to me, we still don't have a notice problem.
Chairman Winton: Well, you know, I just want to make --
Mr. Maxwell: But he's made his point. You don't have to consider it.
246 September 25, 2003
Chairman Winton: -- and I just want to make sure y'all are correct. I mean, if he's correct, we
ought to fix this, but if he isn't, you know, we move on.
Mr. Maxwell: As I pointed out, this is the first I've heard of that argument. I haven't had a
chance to look at the materials closely, so if you need to do that, you may want to continue the
item, but that's the best I can tell you based on what I'm aware of at this time.
Ms. Slazyk: If you were to -- want to amend the legislative part, which is the -- your first PZ
item, PZ -15, to make the boundaries match the atlas amendment, you can do that because it's a
smaller area, but the intent was that --
Chairman Winton: It sounds logical to me.
Ms. Slazyk: Yes.
Chairman Winton: And what he's saying there sounds logical and --
Ms. Slazyk Yeah. NCD -2 was meant to be for Grand Avenue, but what's happening is there's a
broader effort going on for Coconut Grove.
Chairman Winton: I understand that.
Ms. Slazyk Yeah. This is going to be the Island District, which is going to go to the exact
boundaries that --
Chairman Winton: But it seems to me --
Ms. Slazyk: -- he was reading.
Chairman Winton: -- the logic would be you do that when you get to that.
Ms. Slazyk When we get to it, which is fine.
Chairman Winton: Kind of hanging out here, which causes great confusion and --
Ms. Slazyk Right. Which you could easily amend the boundaries to match the atlas tonight.
Mr. McDowell: But recognize that when the public comes to look at the ordinance, this is what
they're reading. You know, they can only react to what's in the file.
Vice Chairman Teele: I think you won on that point.
Mr. McDowell: And I would also say, remember, you've got over -inclusive on one side and
under -inclusive on the other. You've got a -- in the -- forgive me. The Market District, you've
got too much land talked about in the text ordinance. And in the Cultural District, you've got
247 September 25, 2003
more land in the rezoning ordinance than the text covers, so you've got problems on both sides of
the district, but let me go on. The Cultural District Overlay shall permit the following uses, and
it lists permanent structures, and blah, blah, blah, and then it goes on. Items for sales in such
markets shall be limited to the following: Heritage retail, colon, foods, apparel, souvenirs, book
stop -- book stores, gift shops of cultural items and there is further. I defy you to tell me what
heritage retail is. I have asked 10 people today, three of my partners, Stan Price among them,
who said, "Well, that must mean American flags and other things that you could sell if it's
heritage retail." And I've got --
Vice Chairman Teele: Or Bahamian flags in this case.
Mr. McDowell: Or Bahamian flags, for sure. There's no question. I think I do get the gist of
what they're trying to say, but this is an ordinance that's limiting people's property rights. I ask
you to think of yourself, as my client as the landlord of retail space under this district and a
tenant comes to you and says, I want to do "X". How do you figure out whether that fits within
the definition of heritage retail? I don't think any normal person can. I looked. There's no
definition in the code. There's no proposed definition. I think you could attempt to write a
definition, but none has been done. You know, I -- and, yes, as Joel said to me earlier -- because
I raised it with him -- he said, it means what the ordinary dictionary means, and he's right.
There's a case from the City of South Miami. My law firm handled it. It says, when it's not
defined in the Zoning Ordinance, you turn to Webster's dictionary or some other dictionary, but I
suggest to you, you will not find the term "heritage retail" in any dictionary. You will find
heritage and you will find retail, and the heritage part of it may be Cuban. It may be
Miccosukee. It may be Bahamian. It may be any number of things. The retail is pretty easy to
figure out. I think you've got a problem with a term that says, this is what you're limited to in an
unenforceable ordinance that, candidly, the average person can't understand what it means.
Again, I didn't stand up here and say don't adopt it. I said, this needs work.
Chairman Winton: Lourdes.
Ms. Slazyk: OK. He stopped reading too soon. If you read the very next sentence, "The
permissible uses along ground floor locations shall be as per uses permitted within the ground
floor locations in the SD -2 zoning district and the following." And then it goes on to list -- in
SD -2, what they're -- SD -2 is a district, Center Grove, sends you back to C-1 for permissible
uses, but then it says within the ground floor there's only certain retail uses you can do. Because
what we're trying to do is not allow some of the things allowed in C-1 on the ground floor, so the
use is allowed. The heritage retail was one of those -- it goes to the intent. What we're trying to
do here is the Bahamian theme, the cultural theme and the cultural history of Grand Avenue, but
that doesn't mean that you can't sell anything else that's normally allowed to be sold on the
ground floor frontage of SD -2, which is all of Center Grove. It's no different. Then the very
next line says, "Arts and cultural establishments, including art galleries, dance galleries, places of
instruction for such uses, street -based cultural heritage businesses, subject to a Class II " -- and
then it goes on to say "Kiosk, cultural entertainment that replicates street -based businesses found
in the Caribbean. Steel pan bands, fruit sales, jewelry sales, crafts and carvings." So, some of
those things are things that may not be allowed in SD -2, so what this does, in reality, is it tells
you you can do everything SD -2 can and expands it to cultural and heritage history, typical
248 September 25, 2003
businesses in -- of the culture and the heritage of the Caribbean, so you really need to read it in
its entirety, and I have answers to some of the other things he said. I was waiting until the end,
but if you want, I can answer as you go.
Chairman Winton: No, no, no. That's all right. Continue, please.
Ms. Slazyk: But he stopped reading where it was convenient.
Mr. McDowell: I don't want this to be a debate, but I'm just going to read you what the ordinance
says. "Permanent structures providing for a straw market with Caribbean crafts." And then it
goes on and says, "Mandatory referral to" -- "items for sale within such market shall be limited
to." What she is reading is other permissible uses along ground floor locations are in other
places, so what I read is absolutely a limitation on a straw market in this area. Again, there is
reference to street -based cultural and heritage businesses. I can conjure up, honestly, kind of
what's intended, but there's supposed to be an ability for a property owner, when a tenant comes
to him, or for themselves, if they want to open a business, where they don't have to go ask
government, gee, is this one OK or that one not OK? It's supposed to be clear enough that the
average citizen can know, and that it's not subject to interpreta -- different interpretations by
different people at different times. I respectfully suggest those terms are subject to different
interpretations by different people at different times and in different places. Page 13 and 14 --
and I promise, I'm almost finished. Again, all establishments and businesses in the cultural
Market District Overlay shall conform to the urban design guidelines set forth in the NCD -2, and
shall maintain a facade that is consistent with the Caribbean architectural facades. Design
guidelines set forth in the NCD -2. There really aren't any, other than a reference to Caribbean
architectural facades. That's the only design guideline that I see in this district. Now, that may
be a debatable point. Others may say some of the language constitutes a design guideline, but it
is anything but clear. Where does that leave us? I believe the text amendment is over -inclusive.
It includes land that's not part of the notice. I believe that the map amendment is over -inclusive.
It includes land that's not part of the text amendment. I believe this needs more work. I believe,
in all honesty, that it is not appropriate or fair to take three City blocks, the block faces of three
City blocks with very shallow lot depths, and say to them, where you once had unlimited height,
you now get five stories, whether you like it or not, and you put as much in there as you can and
we'll widen out the base and you can cover more of the land and you can bring those five stories
much closer to the street. We'll let you do that, but the reality is, you still can't achieve the FAR
that you can achieve under "O." And you're asking three city blocks, currently zoned "O," with
no limitation on height, to bear the brunt of this. A couple closing thoughts and comments that I
would like to refer back to the prior hearing. Your City consultant, who is here, spent a lot of
time talking about community meetings and how many people attended those meetings, and that
there was unanimous feeling that we didn't want more than five stories, et cetera. Joel will tell
you -- and I know he has on many occasions -- that land use and zoning is not a popularity
contest. It's not supposed to be. The courts and the City of (UNINTELLIGIBLE) have used the
term plebiscite. It's not supposed to be a plebiscite. It's not supposed to be how many people
voted to say five stories. It's supposed to be based on planning studies and rational studies. One
of my clients -- one of the principals of one of my clients, Philip Muskat, at the last meeting,
came to me with a petition and while, ultimately, I think you allowed him to put it in the record,
it is not in the record, at all, because I looked for it, and I have a transcript of the first hearing,
249 September 25, 2003
where, indeed, that was allowed to be put in the record, and Mr. Maxwell and Mr. Chairman,
respectfully, you said that's really not relevant. It's not a plebiscite. It's not a popularity contest.
It's not about how many people signed a petition. What you didn't allow him to say was, this is
not a petition of neighbors. This is not a petition of people who think the neighborhood should
be protected. Every signature on this petition represents a property owner that is underneath
your proposed zoning, and in all honesty, if the opinion of the people who are affected by the
ordinance directly, not because it's next to them but on top of them, if their opinion in opposition
to this ordinance is not relevant, I don't know any information that is relevant, so I would like to -
- particularly since it is not in the record, and I looked for it. Maybe somebody can find it. I
even asked Teresita this morning, when I was there looking at the file, is there some other file? I
understand that there were materials that were submitted at hearing that should be in the file, and
I was told, "No. Everything is marked and placed in the file." Well, it's not there, so I would
like to, once again, submit for the record this petition signed by the property owners affected by
your ordinance, and to the extent that someone wants to say that it's really not relevant, I ask you
seriously, why do you solicit written cards on your notice to people when you send it out? If you
don't want written responses, which, by the way, the Local Urban Planning Act requires you to --
Chairman Winton: With all due respect, you know, they're two radically different things, Mr.
McDowell, so --
Mr. Maxwell: Just for the record, this is not relevant.
Chairman Winton: Thank you.
Mr. McDowell: So the signatures of the property owners who are covered, who opposed this
district --
Chairman Winton: Excuse me.
Mr. McDowell: -- are irrelevant?
Chairman Winton: Excuse me.
Mr. McDowell: I find that an interesting --
Chairman Winton: Continue on, please.
Mr. McDowell: We think that this ordinance is premature. We think it needs further work. We
think that a five -story height limitation is not a reasonable regulation in the context of this
property and in the context of the depths of these properties because they're very shallow
properties. We would ask you to continue this item. Send it back to the Planning Board for
further work. Clear up the issues that I've raised with you in the text ordinance. I mean, it makes
no sense to adopt a text ordinance that's got these inconsistencies in it at all. I mean, it just
doesn't make any sense. We don't desire to be in court, I promise, but I also promise, we may
end up there, but for no other reason other than you've got an ordinance that just doesn't work.
With that, I will ask, if I may, our architect, who has looked at the issue of the impact of this on
250 September 25, 2003
specific property, to address you briefly, and thank you very much for your patience. I
appreciate it.
Vice Chairman Teele: Mr. Chairman, I just want to say for the record, you've been extremely
courteous in giving the opposition substantially more time to present their case than the case in
chief. Normally, the courts say that they're entitled to the equal amount of time and they've
taken about three times that amount, but let me just ask one thing before you leave, if I may, Mr.
Chairman. This area, you know, was traditionally known as the old Bahamian areas, about 105
years old plus of recorded history, since it was there when the City was incorporated. About
how many buildings are the height -- what's the height of those buildings there now?
Mr. McDowell: They are generally low -scaled, I agree. Most of them are three, four, and some
five stories.
Vice Chairman Teele: Are any of them --
Mr. McDowell: There may not be a five -story building. I stand corrected.
Vice Chairman Teele: But --
Mr. McDowell: The highest is three, I'm being told.
Vice Chairman Teele: But it's -- I mean, what I'm -- what I want to make sure that you're clear on
is that even though that area has been there for 100 years, pretty much, as a Bahamian and
transitional area, as discussed previously, there's never been any buildings there of the size that
you're talking about. There aren't there any now.
Mr. McDowell: I recognize that there are none there now, but I also recognize that the City has,
since I worked for the Planning Department of this City in 1976, been trying to encourage
redevelopment and reinvestment in the West Grove neighborhood, and one of the ways you the
do that is to, in fact, allow property owners some ability to gain through the redevelopment of
their properties.
Vice Chairman Teele: But there are a lot of ways to do it.
Chairman Winton: Yeah. I think you and I will debate that one for a long time, so --
Vice Chairman Teele: There are a lot of ways to do it.
Mr. McDowell: There are many ways.
Chairman Winton: Absolutely. Right, right.
Mr. McDowell: I said that.
Chairman Winton: Right.
251 September 25, 2003
Vice Chairman Teele: I just wanted to make sure that -- because the way you made it sound, like
we're taking the -- that there's a trend towards these large developments or high developments,
which I just was not aware of and I would just want to be --
Mr. McDowell: My clients are ready, willing and able to move forward. They've presented to
the neighborhood and it is true. The neighborhood has said, we don't want it. I agree. There's
no question the neighborhood has said that.
Chairman Winton: Would you -- you have --
Mr. McDowell: The architect.
Chairman Winton: Are you an architect? Are you the architect he's talking about?
Mr. McDowell: Our architect is Mark Wallace, if you would like to have somebody else go first,
that's fine, too.
Chairman Winton: And how much time, Mr. Wallace?
Mark Wallace: Mr. Winton, I would like to be very brief. I would like to be able --
Chairman Winton: We would love for you to be very brief.
Mr. Wallace: Great.
Chairman Winton: Thank you.
Mr. Wallace: Thank you.
Vice Chairman Teele: Your name.
Mr. Wallace: For the record, I'm Mark Wallace with Wallace and Perdomo with offices at 243
University Drive, Coral Gables. We have -- I'm sorry. Is that better? We have, over the past
couple of months, been retained by the Muskat Brothers to review a particular property of theirs
on Grand Avenue, with the intent to discover what the maximum amount of development we
could put on that property would be under the current zoning versus under the proposed NCD -2
district, and what we have found for this particular property is that for the existing zoning that we
would be able to fit a certain number of units, which would not be allowed if, indeed, we -- the
NCD -2 was adopted. As you're aware, any successful architecture project is a balancing of many
factors, some of which are the FAR, the lot coverage, and the number of parking spaces. What
we found for this particular property is that under the NCD -2 district, the limitation on the height
would not allow you to fully realize the total FAR, and three specific types of --
Chairman Winton: Could you tell us which property this is? Is this multiple property or are you
talking about one property?
252 September 25, 2003
Mr. Wallace: This is a property which is assemblage of several lots at the corner of Hibiscus and
Grand Avenue.
Chairman Winton: OK. Thank you.
Mr. Wallace: What we've found is a pattern emerging of three scenarios, which I will briefly
describe. A small property of one or two lots, 50 by 100, more or less; a second scenario of
medium sized property of three or four lots, and then a larger one of five, six, seven more
properties. On the smaller lots, one or two assemblages, the ability to fit the parking on the site
is impeded by the size of the site and setback requirements, so that it's virtually impossible to put
in a structured parking. Because of that, you're limited by the number of parking spaces as to
how much development, because you have to provide a certain number of spaces for each
residential unit and for --- whichever the square footage of the office or the retail that you're
going to put in on the ground floor. Because of that, you would never hit, in my opinion, the five
floor limit. You simply wouldn't be able to reach the FAR. In the scenario where you have
several properties, three or four of these 50 by 100 lots, you open up the property enough so that
you can fit in a structured parking and start to have one or maybe two layers of parking, which
then allows you more of the units. You still -- well, you would then reach a certain point where
the number of parking spaces in the FAR basically balance right about at five floors, and that
would still be probably acceptable under the new proposed NCD -2. However, when you get to a
larger property of five, six or seven lots, you're then able to realize a much larger FAR because
it's based on the lot size, and by putting in two or three, or possibly, even four layers of parking,
you can achieve a greater number of lots and actually will maximize to the FAR, but in order to
do that, you would need to go seven, eight, nine, 10 floors, so in that instance, the NCD -2
overlay would the not allow you to fully realize the otherwise potential, which would still be
evidence with the 1.72 FAR, which is in the office zoning, and I would like to enter just one item
into the record. It's page 6 of the Grand Avenue Vision Plan of November 2002, which has some
schematic diagrams of the height of buildings and the size of buildings in several of the districts.
I would like to just show this to you. Mr. Winton. I'd be happy to answer any questions. Thank
you very much for your indulgence.
Chairman Winton: Thank you. Lourdes, would you like to -- I'm sure you want to put some
things on the record now in response to their comments.
Ms. Slazyk: Yes, absolutely. One of the things Mr. McDowell had said earlier actually has a
direct effect on the testimony from the architect about achieving the 1.72 FAR. He had said in
his presentation that the SD -2 properties have an advantage in that they can pay into a trust fund
in lieu of providing the required parking, where the O properties can't do that; therefore, the O
properties are getting punished, but they can't do that to get out of their parking. That's not true.
The only part of SD -2 that can pay into a trust fund for parking is the Center Grove portion of
SD -2. The SD -2 properties in the West Grove are not part of the Coconut Grove Parking Trust
Fund. The SD -2 properties in Coconut Grove -- in the West Grove aren't even allowed to
request variances for parking. The only thing they can do is provide it onsite or find an offsite
location somewhere within SD -2. One of the things that was testified about these O properties is
how extremely narrow they are, and it's very difficult to reach a 1.72 FAR once you provide all
253 September 25, 2003
your parking because the properties are just so narrow and so small. The O properties are
allowed to request variances for parking. If they are that narrow, if it is difficult and they can
show some sort of hardship, which it sounds to me like what they've been testifying to this
evening, they would be able to get variances to get some relief from the parking and they can
also do off-site parking, which would then allow them to maximize the FAR on their property at
the 1.72. The Center Grove actually has FARs that are higher than 1.72 and they've been able to
fit it into five stories. It can be done. Admittedly, it's easier to do when you have more land.
You have three, four or five lots. You can do it a lot easier than if you've only got one or two,
and still try to get some sort of parking on your property, but the O properties, which are the ones
we're talking about now, don't have the limitation that they're not allowed to request variances.
Chairman Winton: Does Center Grove have a height limitation in the SD --?
Ms. Slazyk: Center Grove has a 50 -foot height limit, and here, if -- you know, we went up to 62
here for the O districts, with a five -story limit. One of the things we saw in Center Grove --
over the years we've had requests for some height variances for a foot or two feet so that they
could have greater floor -to -ceiling heights and provide, you know, variety in housing types and
in residential units, loft units. And in recognition that that's probably a good thing, what we did
was -- and when we looked at this NCD -2 in the Office District in instituting the height limit, we
raised it to 62 feet to allow for greater flexibility and floor -to -ceiling heights, and therefore,
greater flexibility in unit types, but if there really is a hardship -- and I've looked at the
properties. I've looked at how narrow they are. They are narrow and they may qualify for
hardship, and they'd be able to get some kind of relief on the parking and be able to look for off-
site parking solutions, and that's something that, as planners, we're going to be doing along with
the community and DOSP (Department of Off -Street Parking) and see if we can find parking
solutions for the area, but they can ask for something that the rest of the SD -2 properties out
there don't even have the option of asking for, so I believe that they actually have more
flexibility than the SD -2 properties.
Chairman Winton: Is that it?
Ms. Slazyk Unless there's other questions.
Chairman Winton: OK.
Mr. McDowell: I guess the only thing I would say is we're not thrilled about having to rely on
variances, which are very hard to defend and often not granted.
Chairman Winton: Thank you. OK. We're going to go to the two -minute drill here, which is
the one -minute -- the -- OK. Ninety-second drill here and open the public hearing, and would
accept comments from anyone from the public. Those of you who want to comment, please
come, stand up. Come to both podiums, line up, so we can get through -- y'all don't want to be
here all night, I'm sure. We don't want to be here all night, although we've got more business to
take up after this, so we're going to be here longer than you are, so I'm going to work hard to try
to move this thing along, just as fast as I can. Madam Clerk, would you keep the clock, and we
do want to keep this to ninety seconds and I will, by the way, just so y'all hear me, just
254 September 25, 2003
everybody listening, when the buzzer rings, it's time to stop. That means for all of you please,
please, please be brief, be to the point, and please don't repeat over and over what somebody's
already said. We get that part of it, and we'll try to get you all out of here and back to your
families and move on with the business of the people, and we also need your name and address
on the record for each of you, please, also. Here, then here.
Charlie Roberson: Good evening, sir. I've been here since 3 o'clock and I've heard some of the
things that you deal with and you deal with a lot. The point is --
Chairman Winton: Name and address.
Mr. Roberson: Oh, excuse me. My name is Charlie L. Roberson. I live at 3420 Hibiscus Street,
Apartment 6. OK. I heard what you said and I see the problem of appraisals that -- the thing that
I want to address now simply is this, that with this project going forth, it's going to change the
typography of the community. The change is that the people -- the community's going to be
changed. A condominium for $185,000 a year is not poor folks in West Grove, OK. It's for rich,
affluent people.
Chairman Winton: OK. Could you stop his time here? Another point. We are not discussing
anybody's building. The point is whether or not we're going to adopt this ordinance, which has
all the expansion and limitation that we've already -- that you've heard discussed tonight. We
are not discussing any particular building whatsoever, so what you need to comment on is
whether or not you're in support of the new ordinance creating the NCD along Grand Avenue or
you're not in support of that, and your -- and we're giving you enough time to tell us just briefly
why you are either in support or not in support of the new ordinance creating the NCD. No
buildings are being talked about here.
Mr. Roberson: OK. Anything that's designed to change the typography of the community in a
negative way, I'm not for. Because the people, based upon the U.S. Census for the medium
earned -- wage earner for that community is not in compare -- is in disparity with what these
developers are trying to do to our community, and it's not feasible and any study could tell you
that, so what I'm saying to you tonight is to re-evaluate, reassess what you are trying to do here
and don't let big -- don't get in the bed with big business in -- the County and the City get in the
bed with big business, please. Thank you very much.
Chairman Winton: Yes, sir.
Mr. Sklarey: My name is Seth Sklarey, Box 332172, Coconut Grove. I'm troubled by this
ordinance. It's a well-intentioned but poorly drafted ordinance. The verbiage regarding farmers'
market, and open-air market is, to my mind, almost ridiculous. It was originally to reflect -- to
help the Coconut Grove farmers' market of that concept, but what it does is it creates just a lot of
restrictions that really don't make sense, space variations and other things, where you can't put,
you know, more than one in that whole district. Number two, the parking is also not thought out
well at all. You know, they say you should have free parking in the back of the buildings. That's
ridiculous, because the back of the buildings are all on Thomas and Florida Avenue. The only
place you have parking is on -- you know, behind the Tiki Club, and that's not free either. The
255 September 25, 2003
City of Miami, you know, Parking Department isn't going to let that happen either, so you really
have to fine-tune this ordinance. The community doesn't want anything more than five stories. I
think that's a foregone conclusion, and I think they'd run you out of town on a rail if you tried to
do that. On the other hand, with the developers, it doesn't make sense with a five -story building
because you're going to put two stories of parking above the one-story commercial, which leads
you to two stories for residential, which leaves you with not $180,000 apartments as they project,
but probably up to 250 or $300,000, which, you know, further displaces those people in the area,
which is also going to happen anyway, so you know, go back to the drawing boards and come
back with something that long range make sense and overall planning concept makes sense, and
the other --
Chairman Winton: Ding. Thank you.
Jihad Rashid: Good evening. My name is Jihad S. Rashid. I am the Chairman of the Coconut
Grove Collaborative, 3628 Grand Avenue. The Coconut Grove Collaborative is a principal
sponsor and promoter of the NCD. It was born out of various community events under our
auspices, which City staff and this Commissioner Winton attended. We are supportive of the
NCD. At the last reading, we were asked, the community and the developers, to work out a
compromise, something that we all could live with, and in that spirit and in that effort to do that,
we realized a lot of things; that, one, this is a work in progress. That is essential things that
would give more value to the community, if would give some attention to that that allow us not
to be in an adversarial relationship with developers. It allows us to harness development, put a
bridle in it and get some tangible benefits. It would be a hollow victory to get five stories and
nobody in this community could live in it. I believe, with the points that we begin to work with
here provides the direction that we need that balances the rights of the communities with the
rights of the developers. I've found that the developers are open and willing to work and are
respective of our needs, and any negotiating process is understanding what you want,
understanding what I want. What we're here considering is not the whole NCD. We're only
considering one aspect of the NCD, and of the NCD is the more aesthetic principal about the
height. The reason this height --
Chairman Winton: Jihad, your time's up, also, please, so --
Mr. Rashid: I would ask for some (INAUDIBLE) --
Chairman Winton: I'll give you 20 more seconds.
Mr. Rashid: I would appreciate it. The height -- we wanted to avoid the canyon effect, but what
we've done in working out with the developers is something that mitigates that, so we only --
we've got 99.9 percent of what we want out of NCD. And further, in closing, is that this
organization was born to make our part of the Grove a better place to invest, to attract those who
used to live in the community. With this compromise agreement --
Chairman Winton: Jihad, your --
256 September 25, 2003
Mr. Rashid: -- we will keep more of the community development objectives, and I ask you to
consider this compromise and it's a win-win for us. It's a win-win for the developers. Thank
you.
Chairman Winton: Thank you. Yes, sir.
William Bellinger: Hello. My name is William Bellinger, 3461 Florida Avenue, in between
Hibiscus and Elizabeth. As I said earlier, at the first meeting in June, I was born and raised in
the Grove, and my wife and I have finally saved up enough money to purchase a home in the
quiet part of the Grove that I thought was going to stay that way. Now, if these developers come
in and go higher than -- any higher than five stories, what it's going to do is, it's going to cause
garbage, the stench of the garbage to affect our neighborhoods. It's also going to have the
alarms of the cars, with the parking lots are higher than, I guess, the buffer walls, to affect us all
night long, and also the deliveries that's going to affect us everyday. The alternative traffic that's
going to be coming down our streets. You know, it's a life safety issue now with me concerning
my daughter, and I like to walk her down the street, and as far as -- if they wanted to go
underneath a parking, like the Mayfair did, why don't they think about that, since they want to go
higher, you know? You know, I'm with the ND -- NCD as to leaving the height restriction at
five stories and if they want to put parking underneath, that would be an option for them. You
know, do like the Mayfair did, and I thank you for listening to me.
Chairman Winton: Thank you. Reverend.
Pastor Willie J. Leonard: Mr. Chairman, Commissioners, I'm president of Ministerial Alliance
Coconut Grove, pastor of St. Matthew Community Missionary Baptist Church and my --
Mr. Maxwell: Name, please.
Pastor Leonard: -- address is 3616 Day Avenue, and I'm here because the Collaborative does not
represent the will --
Mr. Maxwell: The name.
Chairman Winton: Did you put your name -- didn't I hear your name? I thought you put your
name on the record, didn't you?
Pastor Leonard: Yes.
Chairman Winton: I thought so. Put it on again, would you? She didn't hear you.
Pastor Leonard: State my name?
Chairman Winton: Yes, state your name again.
Pastor Leonard: My name is Pastor Willie J. Leonard, pastor of St. Matthew Community Baptist
Church.
257 September 25, 2003
Chairman Winton: Thank you.
Pastor Leonard: President Ministerial Alliance, and member of the Collaborative that have not
been so collaborative, does not represent the will of the people. I have six agencies here,
Coconut Grove Ministerial Alliance, Local Development, Coconut Grove Cares, Coconut Grove
Village Council, Coconut Grove Merchants Association, and One Ear Society and they are here
tonight. They have been disenfranchised in changing the bylaws, changing the articles of
incorporation. Not allowed to collaborate with the Chair of the Collaboration. You have totally
disenfranchised the people of Coconut Grove, and I'm just here to say that Coconut Grove
Ministerial Alliance, along with the Local Development Corporation, the Coconut Grove Cares
Division Council and the Merchants Association, One Ear Society, six agencies support the NDC
[sic] proposal for the five stories. Thank you very much. Appreciate it.
Chairman Winton: Thank you. Yes, ma'am.
Ivonne McDonald: Good evening. I'm Ivonne McDonald. My address is 3672 Grand Avenue.
The NCD process has taken over a year to get to this point. This has not been the effort of one
organization. This has been the effort of the Coconut Grove community. It has been the effort
of resource partners, such as the University of Miami School of Architecture, the City of Miami
Planning Department, Elizabeth Plater-Zyberk, the Dean of the School of Architecture. When
we had our first meeting to determine what we wanted our NCD to be, there were developers at
the table. There were interested parties who were interested in helping to develop our
community the way in which we wanted to see our community developed, and tonight, I want to
make it clear that the Coconut Grove community has spoken. We have worked long and hard for
this NCD. We thank the City of Miami for implementing such an opportunity for communities
to design their communities, and everything that you've heard thus far is that we have a proud
Bahamian heritage that we want to preserve, and so I ask all of the people here tonight to
recognize that what we're doing is preserving our heritage. We're asking that you give us the
opportunity to plan the future for our community. We are concerned that --
Chairman Winton: Ivonne, ding.
Ms. McDonald: We are concerned --
Chairman Winton: Two more -- go ahead, finish that statement.
Ms. McDonald: We are concerned that what we do today impacts the future of tomorrow, and
want to make it very clear that this was -- a lot of thought was put into designing the five stories,
and the designs for the buildings. And we are also encouraged that we will go forward for the
next phases of the NCD and we're just at the beginning of this process. In order for us to
continue and -- in conclusion, in order for us to continue, Commissioner Winton, especially, we
want to thank you for the opportunity to have a consultant that has helped us to get to this state,
and we want to continue to be able to forwardly plan for the final stages of this NCD that we
know will not be completed until March of 2004, and so we ask that you allow us to pass this
first stage of the NCD at five stories --
258 September 25, 2003
Chairman Winton: Ding.
Ms. McDonald: -- and then to support us --
Chairman Winton: Ding.
Ms. McDonald: -- in continuing with the --
Chairman Winton: Ding. I let you go way over the ding, sorry. Ding. OK.
Ms. McDonald: OK.
Chairman Winton: Thank you, Ivonne.
Ms. McDonald: Thank you.
Danny Couch: Good evening, Commissioners. My name is Danny Couch. I reside at 3180
Lamb Court, Coconut Grove, Florida. I'd just like to say, in support of the NCD and the height
restriction, the last time I came before you, I mentioned the absurdity of this whole idea of we
being able to see the ocean and those people who are living there. However, I would ask you
under what we've discussed and what has been discussed, I think in the latter part of the
discussion it was brought to your attention that in the Center Grove, there is a height limitation
and I would ask you -- however, I do live in the Center Grove, technically, and I was notified of
that some years ago, because I'm east of 32nd Avenue, so it's one Grove, as far as I'm concerned.
However, let's make the continuity. If there's a height restriction in the Center Grove, let's let
there be one in West Grove. Let's -- if the Commission would keep the consistency with the
neighborhood, as I mentioned before, the 27th Avenue Corridor, there's some big grandiose
plans for that area, this would set a precedence along Grand Avenue that has not been seen in
Coconut Grove, at all, and therefore, in keeping with that consistency, I submit to you, however,
the old designation does allow but they won't have the parking, so if they could fit that square in
a round peg, under the present conditions, then I'm in agreement with the owner owning his
property and having the greatest best use for it. However, speculators come in with the risk that -
- or the gamble that they can get the zoning changed to fit their need. I submit to you, in this
instance, do not allow that to happen because it would probably displace a many long-time
residents in Coconut Grove. However, my argument does go to the fact that if you don't own it,
there's very little you could say sometime to do about it, but when it does come to a zoning issue
of this magnitude, and we don't have the land space to accommodate these grandiose plans, so --
just common sense, Commission, if you would just stick to what we've -- the community's
worked on so diligently. Thank you very much.
Chairman Winton: Ding. Thank you. Yes, sir.
Pastor G. Wayne Thompson: Hello. My name is Pastor G. Wayne Thompson. My address is
3415 Grand Avenue. I'm pastor of the Jordan Chapel Freewill Baptist Church. In reference to
259 September 25, 2003
this particular issue, my church will be directly affected by this property and by this Zoning
Ordinance, and I will respectfully -- and I'll be very brief -- it's hard for a preacher to be brief,
but I'll be brief -- that we -- also the members of my church and other members of the
community stand oppose -- we stand in compliance with the ordinance as limiting it to five
stories. My church has been there since 1958 and been on -- it's right on Grand Avenue and
Elizabeth Street. The building going up with no restriction would definitely create a dungeon,
not just a dungeon affect for the property that we have there. My residents -- my membership
walk to church. If these changes take place, I have several members that would not even be
within the neighborhood -- would have to leave the neighborhood, thus, ending where we are and
have enough to move from where we are, and we've been there a long time. We intend to stay
where we are. Thank you.
Chairman Winton: Thank you. Reverend, you did the best job of all. You were 59 seconds.
You're going to have to give some lessons here. Yes, sir.
Ronald Gould: Ronald Gould, representing the Gould Family Trust. We own properties at 3364,
3384 Grand Avenue. We are diametrically opposed to the rezoning. I also want to make this
plain and right to the point. I attended the first Collaborative, when the University of Miami was
first called in to start developing this project at 3750 Grand Avenue. At that time, I put down my
name, my wife Roberta Gould, put down her name to join certain committees. We had opposed
some of the things that C.C. had said at that time, but we wanted to participate, we wanted to
cooperate. We were never notified after that meeting to ever come back to any Collaborative.
This group has never involved us, as a major landowner on Grand Avenue, to come in and
discuss what's going to happen with our property. The second thing is, I have a tenant in that
property that's been there since September 12, 1986. I believe that this ordinance -- this rezoning
is going to affect that property in the sense that if they wanted to enlarge the building or they
wanted to go higher than the one story, they may not be able to do that, and I'm worried that this
could affect them. The other thing that I'd like to say is, I had received notices that there are
Commission meetings dealing with these properties. I have never received anything dealing with
a zoning hearing. I had never been able to decipher any of the information that was sent by mail,
where it would even, in any way, suggests that there's going to be a down zoning, that the value
of the property could be affected.
Chairman Winton: That's because there isn't. That's the whole point here, so -- I mean --
Mr. Gould: Well, if my property is --
Chairman Winton: That's the debate that's going back and forth.
Mr. Gould: Well, if I have the zoning that permits 12 stories and now I only have zoning --
Chairman Winton: Well, we've had -- we're not going to debate this. Your --
Mr. Gould: Thank you very much.
Chairman Winton: Thank you very much. Yes, sir.
260 September 25, 2003
Pastor Rudolph Daniels: Good evening, Commissioners. I'm Pastor Rudolph Daniels, Pastor of
the Macedonia Missionary Baptist Church. It's right here in Coconut Grove. It's a 108 -year-old
congregation. 3515 Douglas Road, my address. It's a parsonage that I've been living in these 20
years I've been back home. 3389 Charles Avenue. I am concerned about the residents there. I
grew up in the community as a teenager in the 40s. Ran around in short pants and, of course,
that -- you're not going to get into that, but our sentimental value and the compassion for the
residents of the Grove and the old pioneers that built the place, they should know exactly what is
going on beyond a shadow of a doubt and help make the decision as to how the community
would be developed. Five stories, go underground if you have to go under, but respect this
community, but we're here. It's affecting my parishioners on Florida Avenue. I forget exactly
the address. 34 something, on Florida. We don't want parking in there. They live there. Right
on the south side of Florida Avenue, the Bentleys. Her son is here. Thank you.
Chairman Winton: Thank you.
Vice Chairman Teele: He's in favor of it?
Chairman Winton: So, were you in favor of the NCD or not in favor of the NCD?
Pastor Daniels: I know that developments will come. Progress will come, but we don't want --
do not want it to infringe upon the rights and the properties of the residents that live here. They
want parking coming on that side on the south side --
Chairman Winton: Got it.
Pastor Daniels: -- of Florida -- south side of Florida and the north -- the south side of Thomas.
Chairman Winton: Got it. Thank you.
Pastor Daniels: And the north side.
Chairman Winton: OK. Thank you. Yes, ma'am.
Tyana Beasley: Good evening, Commissioners. My name is Tyana Beasley, and I'm here on
behalf of my mom and I. We live at 3455, on the corner of Margaret and Thomas. A lot of
them said things that I'm concerned about, but what I'm majorly concerned is that a lot of people
here don't have clarity on the ordinance in itself. The verbiage in itself is not written so that they
would understand. Though my mom and I are very educated, you have a lot of people who aren't
educated and they don't understand and they don't know, and when you send -- who you send the
fliers, you're saying one thing and you're saying -- you know, using acronyms and just putting,
you know -- you know, you're using verbiage that they're not comprehending. Like I asked a
couple of people, you know, within sitting here, saying, do you really understand what's going
on? They really didn't, and I don't think it's right, and when you send these things out, I'm asking
that maybe you should send the whole ordinance so that they can take it to somebody who
knows, or you send the map yourself so they can understand the logistics of what's going on here
261 September 25, 2003
because that's my main concern. My main concern overall, all of this, is that to make them more
informed, and even though C.C. holds the different community meetings, a lot of times people
aren't -- it's not accessible or convenient for different folks, like my mom, who asked me to come
and speak because she's not -- you know, this is not a good time for her to come because she's at
work. And you have people who work. Those are my concerns. Thank you.
Vice Chairman Teele: Mr. Chairman, may I inquire? Ma'am, are you and your mom in favor of
the -- as you've read it and understand it, are you supporting it or are you opposing it?
Ms. Beasley: I think there's a lot of gray areas within the ordinance in itself that need some
revision, and I think you need to take it back, revise it and listen to the people and do a little
revising. Yes --
Vice Chairman Teele: What are you concerned about?
Ms. Beasley: For us, the expansion. The expansion and --
Chairman Winton: Expansion of what?
Ms. Beasley: Like once -- once you have all these major developers coming in, then they're
going to expand and so the people don't have knowledge on appraising, on values of their home
and then you have developers coming in -- my mom. I can use my mom as an example --
Vice Chairman Teele: But, see -- but hold on. I thought this ordinance -- and maybe you're --
Ms. Beasley: And, see, there goes to clarity. It goes back to clarity.
Vice Chairman Teele: Maybe you're pointing to me, when you say don't understand.
Commissioner Sanchez: It's an overlay. It protects.
Vice Chairman Teele: But this ordinance prevents expansion into the residential area; is that a
fair statement, Lourdes? That's the way I read it. It limits the expansion into the residential area.
Ms. Slazyk: What this ordinance -- this ordinance is modifying the Grand Avenue frontage
properties. Expansion in the residential is not allowed today and it wouldn't be allowed under
this ordinance either. It's not changing that.
Ms. Beasley: Well, my mom's being approached, and she doesn't know how to respond and so
forth, and she's calling me to call my friends and say, hey, Tyana, why don't you ask your lawyer
friend this. Why don't you ask your real estate friend this, you know, because I don't know how
to --
Chairman Winton: Well, she's being approached to sell her property, right?
262 September 25, 2003
Ms. Beasley: She's been being approached and she's being misappraised and she's being
misinformed.
Vice Chairman Teele: Is she being approached to sell her property?
Ms. Beasley: Yes.
Chairman Winton: Yes, so you know, you know what's going on.
Ms. Beasley: Our whole street. And we live on Margaret, which is the street behind Grand.
Vice Chairman Teele: OK.
Chairman Winton: Thank you. Thank you. Yes, sir.
Frederick Hunt: Good evening.
Chairman Winton: Good evening.
Mr. Hunt: Good evening, Commissioners, and Commissioner Winton, first of all, I'd like to
thank you very much for having the --
Chairman Winton: Need your name.
Mr. Hunt: Frederick Hunt. My address is 3544 Thomas Avenue. Commissioner Winton, first I'd
like to thank you very much for having the foresight to see the value of our having a consultant,
such as C.C. Holloman, within our community to assist us in developing a community consensus
in terms of what the community is interested in. And while we have been meeting over 18
months, I think that within the past couple of weeks there have been two meetings that have been
very significant. That first meeting was the last meeting on the NCD proposal with community
residents. There were over 75 residents that came out in attendance at that meeting. There were
also developers that were there, and based on what the residents of Coconut Grove heard from
the developers that evening, the residents overwhelmingly took the position that they wanted to
have the five stories be the height limitations in terms of the NCD proposal, and were not
interested in seeing it go any higher than five stories. Additionally, at our last Homeowners and
Tenants Association, which represents all homeowners and tenants within Coconut Grove, the
room was overcrowded, and there was a vote that was taken that evening, as well, from the
residents within the Grove, and the residents of the Grove took the position that the height
limitation should remain at five stories, as hoped to have agreed to earlier after the first charrette
that was held. I think that there are a couple of other things that need to be mentioned. Number
one, residents are interested in seeing development take place within the community, but they're
also interested in maintaining an island theme within Coconut Grove. Residents are also
concerned about home affordability, and the developers mentioned to us at our last meeting is
that the minimum price of their homes will be 185 -- $180,000. That's not talking about what
most of the other homes will be. That's just the lowest price range, but residents are interested in
doing some things or seeing some things happen that is going to provide home affordability, but
263 September 25, 2003
in spite of that, residents are still in agreement with the five -story height limitation. The other
point that I wanted to make -- and I will finish up right here -- is that the collaborative, the
Coconut Grove Collaborative, the bylaws, as they were originally written, included that residents
of Coconut Grove would have voting rights within the collaborative, in terms of making final
decisions. Those bylaws have been changed. Residents have been eliminated from having
voting power as individuals. There are organizations that can have those, but not for the
individual residents, and I think that the meeting of the Homeowners and Tenants Association
and the last NCD meeting that was held truly represents what the interests of residents in
Coconut Grove are. Thank you very much for your time.
Chairman Winton: Thank you. Henry.
Henry Givens: Thank you. Good evening. My name is Henry Lee Givens. My address is 10500
Southwest 149th Street, Miami, 33176. I'd like to share with the Commissioners that it is now,
nor has it before been in my best interest to oppose anything that is in the benefit and for the
well-being of a predominantly African-American community or any community.
Chairman Winton: Come closer to the mike.
Mr. Givens: But I do have a problem with the fairness in which this process has taken place. On
last Thursday, when the developers came to a meeting, they were given three minutes in order to
make their presentation of approximately -- their presentation on what they propose to do in the
community. There's no way on this earth that three minutes would have given them ample time
to share with the residents of that community exactly what their plans and what their intentions
were. When they came back to a meeting, which took place on Monday, they still were not
given the ample time to make their presentation. The president of the Coconut Grove
Homeowners and Tenants Association tried his best to try and share some information that had
come from the City of Miami Planning Department. He, as president of that organization, was
virtually denied that right because of the chaos and the conditions upon which that meeting took
place. As an African-American, Commissioner, if I had to go to a predominantly white
community or a predominantly Hispanic community and I had been treated the way these
developers were treated in the Thursday meeting, I probably would have sat on the NAACP
(National Association for the Advancement of Colored People) doorstep asking for some help
and being fairly treated. Again, I'm in support of whatever is in the best interest of this
community, but I think that this immunity, as all other communities, we have to be fair to people,
and those developers deserve the right to share with that community exactly what they're
intentions are, and then have clear response from that community and they cannot do it in three
minutes.
Chairman Winton: Ding. Thank you, Henry.
Kimberly Wimberly: Hello. My name is Kimberly Wimberly and I --
Chairman Winton: Pull your microphone down a little bit. There you go.
264 September 25, 2003
Ms. Wimberly: Hello. My name is Kimberly Wimberly and I reside at 3370 Florida Avenue. I
represent a group of young adults who live in Coconut Grove. I have lived in Coconut Grove my
entire life and I'm extremely opposed to the destruction of our community. We believe that
Coconut Grove should maintain the Caribbean architectural style in which our roots lie. We also
believe that we should preserve the cultural heritage of our people. My home lies on Florida
Avenue, one of the designated areas for parking and commercial traffic. I am very concerned
about this situation. We don't want our community or our neighborhood to become a second
downtown Miami with huge high-rises and people who don't know their neighbors. We don't
want commercial traffic in and out of the streets that the children of our community play in. Our
group supports the five -stories height limitation on Grand Avenue and we unconditionally
support the passage of the Grand Avenue NCD, as submitted to this City Commission on July
24, 2003.
Chairman Winton: Thank you.
(APPLAUSE)
Chairman Winton: Yes, sir.
Tyman Bentley: Good evening, Commissioners. My name is Tyman Bentley and I reside at
3340 Florida Avenue, between Margaret and Elizabeth Streets. I'm here representing my mother
and myself as a future heir of property that would be impacted by any future development on
Grand Avenue. We are in favor of the NCD -2 as read in the first reading, and we're asking all
the Commissioners to accept this ordinance as it was first read. The developers that purchased
the property on Grand Avenue had to be aware of the limitations of their development, or they
should have done their homework. I'm asking this Commission board to just keep in mind, in
favor the character of the development on Grand Avenue. Commissioner Teele, you asked a
very pertinent question earlier: Is there any five -story development on Grand Avenue now?
And there isn't, and there's a reason for that, and all I'm saying is that any future development
keep in character and integrity of the intent of the original development that was planned for that
area, so I'm just asking you to accept it as read without any limitations to development issues and
to limit the height limitations as is. Thank you very much.
Chairman Winton: Thank you.
(APPLAUSE)
Andy Parrish: Good evening, Andy Parrish, Wind and Rain, with offices at 145 Grand Avenue,
Inc. They say that the making of legislation and the making of sausage are not pretty. Well, this
is the exception to the rule. The making of this legislation has been a beautiful thing. It's from
the Collaboration with the -- of the University of Miami through the leadership of C.C. and of
Jihad, of everybody who's been involved with this process. Ivonne McDonald and I have been
working on this for I don't know how many years, and it's all come together tonight and you have
the opportunity pass a Neighborhood Conservation District that's going to be historic, and I think
you're also going to find all the Commissioners here, Commissioner Teele and Commissioner
Gonzalez and Commissioner Sanchez, as these neighborhoods that you've empowered come
265 September 25, 2003
forward, they're all going to have the same things that are happening with, you know, loose ends
that need to be tied up, and it is a kind of work in progress, but you've awakened all these
communities and it's a darn good thing and long overdue, and I just want to congratulate all of
you and thank you very much. Please pass this.
Chairman Winton: Thank you. Next. Yes, sir.
Al David: Hi. My name is Al David. I'm at 3109 Grand Avenue, and a long time -- actually, I
was born and raised in Coconut Grove. My family's been here since the 40s. It is a little
disserting to see -- I mean, you can't stop progress. And Ms. McDonald from the OCD and
along with probably some new people up there have cleaned up the Grove a lot and that's very
important, and that was something we really worked hard to do over the years because of course
people didn't even want to come down the street, yet more build a building in Coconut Grove,
but it seems to be backfiring on us because we wanted to clean up the Grove and make it more
attractive for the residents that live in Coconut Grove, but as a result of doing that, we've now --
we're finding ourselves being displaced because we can't afford to stay there. It seems like the
NCD is for the community, and I don't know if the developers are for the community or if they're
for themselves. We're -- you know, as the NCD, we're for both the community and the
developers, and I think it's important because I don't know -- it's not that long ago. I know when
I was a kid, people were being robbed, buildings were being burned and a general consensus of
people that live in the Grove, the black Grove, which is where we're talking about, it's not that far
away from buildings to be burned and people to be robbed, if they're feeling they're being
displaced unfairly. I'm not here to advocate that. I'm just saying that's just the way people feel.
It's a general consensus. I would think that it -- the developers that want to build these new
buildings, a hundred and eighty thousand, and my mom lives on a street where building -- or a
house was just built for three hundred and fifty thousand dollars ($350,000) and that's going to
send her taxes through the roof. I think it's important in a Grove -- in a community like this, that
the developers take into consideration the people that live there, because if they don't -- I don't
want to say what will happen, but, you know, people -- it's unfair and it's unjust and people are
probably going to, you know, show their feelings about that.
Chairman Winton: Ding.
Mr. David: Thanks.
Chairman Winton: Thank you.
Elizabeth Plater-Zyberk: Good evening, Commissioners. Elizabeth Plater-Zyberk, Dean of the
School of Architecture at the University of Miami and a town planner. Just to add two other
points of information, and I hope to not be repetitive. I think the surprise expressed by the
opponents to the NCD is a bit of a red herring. This effort has been ongoing for many years in
the community. It dates back to before 1996, the Coconut Grove Planning Study, which the
City commissioned. At that time, some inconsistencies and incompatibilities of the current
zoning were identified, and I think people were put on notice that the community desired to do
something that would be conservation and development. Secondly, I would point out, because of
that long history -- and it has not been an easy process for the community to get to this point --
266 September 25, 2003
that it's not reaction to developers' proposals. This was started -- when this was started, there
were no proposals for development, and it was understood that this is one of -- the strategy that's
being proposed in the NCD is one of the proven strategies for conservation and development in
neighborhoods where people want to stay, but also want to reap the benefits of their place, so I
would urge you to pass this. Thank you.
Chairman Winton: Next.
Lucia Dougherty: Good evening, Mr. Chairman, members of the board. Lucia Dougherty, with
offices at 1221 Brickell Avenue. Here today representing Julio Marrerr and Placido Diaz, who
are two owners of property in Coconut Grove. These two fellows bought this property over two
years ago and have contracts to purchase other property. During this period of time, and to some
extent, they purchased this property knowing that the NCD proposal was going forward. It is
because of your vision and the vision of the NCD that they thought that this was a good place to
develop, but I must tell you something: They never, ever knew that you were contemplating or
that the City was contemplating a reduction of their property rights from essentially a 12 -story
building down to five stories. This is not something that Placido Diaz or Julio Marrerr knew
until just before the Planning Advisory Board last June. It was -- they were told that by Philip
Muskat, another property owner in the area, so this is not a red herring. This is something they
supported. In fact, they started to invest in this property -- in this neighborhood because of your
vision and because of this Planning Study, and you've got one of the most creative planners in
the country on staff here in Elizabeth Plater-Zyberk, and we think that this ordinance could be
much more creatively proposed. It is something that could be a win-win for everybody in the
community. You don't have to take away property rights in order to do what you're trying to
accomplish, and I tell you, there's nothing inherently wrong about a seven -story building, an
eight -story building or even a nine -story building. You know, one of the things that you all want
to do is you want to create a great main street. This is the purpose of --
Chairman Winton: You also have one minute and thirty seconds, which is past time.
Ms. Dougherty: You want to create a main street that protects the residential neighborhood
behind. You want to make sure you attract tourists and business. You want to stop the economic
decline in that neighborhood. That's the reason you did it. These folks invested their money in
this property for that purpose, to do exactly that and because you have this thing, but there's
nothing inherently wrong with having nine stories, and I just bring you the best main street that
we have in South Florida. It's probably at Lincoln Road. We have 704 Lincoln Road, 407
Lincoln Road, 411 Lincoln Road --
Chairman Winton: Ding.
Ms. Dougherty: (UNINTELLIGIBLE) Bank, all of which are --
Chairman Winton: Ding, ding.
Ms. Dougherty: -- 11 stories, 12 stories tall. We have --
267 September 25, 2003
Chairman Winton: Excuse me. All --
Ms. Dougherty: -- the Van Dyke Hotel on Lincoln Road, a great main street --
Chairman Winton: Your time is up, counselor.
Ms. Dougherty: -- with 12 stories. We --
Chairman Winton: Thank you. You've been over two minutes. We said it was a minute and
thirty. You had ample opportunity when we started this process, representing somebody, to
come up and do this. You were sitting right there. I opened this hearing. I said it was a public
hearing. We're taking the public comments. Everybody's going limited to one and a half
minutes. I said that, what, 35 minutes ago. I was very clear about all of that.
Ms. Dougherty: May I have 30 seconds more?
Chairman Winton: No. You've had over two minutes already.
Ms. Dougherty: May I make a proposal to you?
Chairman Winton: No. You've had -- you could have -- you should have made a proposal when
you came up with your one minute and thirty seconds, Lucia, if you wanted to make a proposal.
Ms. Dougherty: I'm only suggesting that you may want to consider a transfer of development
rights ordinance for the purpose -- for this purpose, and it might be a win-win for you all, too.
Chairman Winton: Thank you. Yes, sir.
Reverend Howard Siplin: Good afternoon. My name is Reverend Howard Siplin. I'm the pastor
of the Beulah Missionary Baptist Church on 3795 Frow Avenue. A lot has been said this
afternoon, and I don't want to take up much of your time, but my concern is for the residents in
the area. I notice that my -- a lot of the people, they walk to the churches and they walk around
here and they shop the different locations. If you allow this developer to come into the area and
do whatever he want to do, it set precedents for other developers to go in and do the same thing,
and what happens, you will -- eventually, would begin to displace the residents of the area and
then the Grove will be no more Coconut Grove that we know as the Bahamian flavor, will
become a different type Grove as has happened in the east part of the Grove, so we urge you to
listen to the residents in this area and try to do some of the things they're asking for.
Chairman Winton: Thank you. Anyone else from the public? If y'all are going to speak, come
to the microphone. Don't be standing back. I want to move this thing along. Yes, sir.
Michael Miller: Yes. My name is Michael Miller and I'm on behalf of my mother, 3265
Williams Avenue, Coconut Grove, right behind the Coconut Grove Playhouse, and all I have to
say is when the Indians had that piece of land discovered behind Brickell Avenue, they saved it.
268 September 25, 2003
We've been here after the Indians. We want to save what belongs to us, and that's all we're
asking. Nothing more and nothing less.
Chairman Winton: Thank you. Yes, ma'am.
(APPLAUSE)
Chairman Winton: Lottie.
Lottie Pearson: My name is Lottie Pearson. I live at 3245 Oak Avenue. Well, good afternoon,
Commissioners.
Chairman Winton: Lottie, brief, brief.
Ms. Pearson: I will be. I will be. Again, we -- I stand here or we stand here asking for the
Commissioners to pass this NCD or Grand Avenue. You know, we waited so long, so long for
this. And, Commissioner Winton, you asked the people, that -- you work with the people to put
what they want or need in their community. This is what we've done. Each meeting -- each
vote, the people come up five stories. How many more meetings do we have to have for the
people to understand us, the developer to understand? Would you all want anything in your
community that the people -- that they don't want, you, you, you? No. The people have spoken.
How much longer?
Chairman Winton: Lottie, you're about to ding.
Commissioner Sanchez: Lottie, you're about to ding.
Chairman Winton: While you have taken that deep breath, we get the point.
Ms. Pearson: It's because I don't feel too good tonight, and I -- you know, but I had to like get out
of my bed and come here because I needed to be here. They have spoken, Commissioner.
Please pass this ordinance. You know, every time something good come to Coconut Grove,
they're always somebody there to throw a stepping -stone and we're tired of that. We can get this
on the ball now. Please, please --
Chairman Winton: Lottie, ding, ding.
Ms. Pearson: -- pass this ordinance.
Chairman Winton: Ding. Thank you.
Ms. Pearson: I love you all. I really do.
(APPLAUSE)
Chairman Winton: OK. Anyone else from the public would like to speak on PZ -15?
269 September 25, 2003
Julio Marrerr: Good evening, Commissioners. My name is Julio Marrerr. I own 3301 Grand
Avenue, together with my partner Placido Diaz, and some other properties. I'm one of the people
referred to as "developers." I bought this property with my partner almost two years ago. We
had a vision for the Grove, the same vision you had. At no time --
Chairman Winton: You brought it when?
Mr. Marrerr: Almost two years ago.
Chairman Winton: Almost when?
Mr. Marrerr: Almost --
Commissioner Sanchez: Two years ago.
Mr. Marrerr: -- two years ago. Almost two years ago. I think in March, it may be two years,
something like that. At no time --
Chairman Winton: I think it was May 2002, to be exact, by the way, just so you know.
Mr. Marrerr: OK. I don't know. You wanted the exact month --
Chairman Winton: A little over a year ago.
Mr. Marrerr: May. Well, we're in May, June, July, August, September -- almost a year ago.
Chairman Winton: But, anyhow, continue on, please.
Mr. Marrerr: Almost a year and half, and a year and a half that we had purchased this property, I
had never received any notice of any meeting or anything to do or anything that would explain to
myself or my partner that all we were allowed were so -- that we were going to be down zoned
from 12 stories to 50 feet. I came before the Commission. We were told to negotiate. We have
done nothing from the day that I met you, personally, in the City of Miami office, but negotiate
with the City. We have never been offered anything, anything from the City in order to
compromise our position in this matter. We went to a meeting and the meeting that we went to,
we were offered three minutes to discuss the matter. All the meetings that were had after the last
hearing here, we were never notified of, even though C.C. had my telephone number, my
address, everything that she needed. I don't think the people here are so concerned about the five
story or the 12 stories. I think they're more concerned about not letting developers out. I don't
understand why they would go to the City first and ask for development, and then not really want
the developers to come in. That being said, I'm not going to take a lot of your time.
Chairman Winton: Ding.
Mr. Marrerr: I'm going to tell you three things.
270 September 25, 2003
Chairman Winton: No.
Mr. Marrerr: Miracle Mile, 17 stories.
Chairman Winton: Excuse me?
Mr. Marrerr: Ramada, 16 stories and downtown Dadeland is over 7 stories.
Chairman Winton: Thank you.
Mr. Marrerr: They're all successful communities. They're all working just fine.
Chairman Winton: Excuse me. He had --
Mr. Marrerr: Again, I am for the NCD. I'm just against --
Chairman Winton: Thank you.
Mr. Marrerr: -- the limitation in stories.
Chairman Winton: OK. Anyone else from the public? Please. Anyone behind this lady?
Rose Fountain: Originally, my concern is the zone --
Chairman Winton: We need your name and address for the record, please.
Ms. Fountain: OK. My name is Rose Fountain. I reside at 3512 Thomas Avenue --
Commissioner Sanchez: Rose, would you speak into the --
Vice Chairman Teele: Pull it up to you.
Commissioner Sanchez: Pull it up to you.
Chairman Winton: There you go.
Commissioner Sanchez: There you go.
Ms. Fountain: OK. My name is Rose Fountain and I reside at 3512 Thomas Avenue. I have a
small company in the community. My concern is the zoning. I'm not really perpetuating
whether it's five stories or seven stories, you know. I understand that -- I have come to the
conclusion that it is five stories, but that is not really my concern. You're talking about a Zoning
Ordinance to be applied to a very small area of -- where people who have put a lot of time and
history into this community with their family. I am concerned, not just because of that, but in
spite of that, because of what I am also trying to do. I don't have the funding, but if I had the
271 September 25, 2003
money and I were able to purchase an additional piece of property where I live at, I would not
want to have to walk back in here and say to you, would you zone this commercial, when that is
what you are trying to appropriate right now, so my concern is on a personal note, you know. If
you are going to zone this, zone it to make it, you know -- from what I'm hearing from the
community, commercial residential, but what I'm thinking is residential commercial, so that if
this does happen and I am a part of it, I won't have to go through what we're all going through
tonight.
Vice Chairman Teele: All right. Thank you very much. The public hearing is closed. Now,
Lourdes and Mr. Attorney, you all -- was there anyone else who wanted to -- were you coming to
speak? Is there anyone else after this young lady coming? If not, you'll be the last person to
speak, and then, Mr. Attorney and Lourdes, you may want to think about explaining on the
record everything that needs to be explained. You know, the water, can you sell water, dah, dah,
dah, dah, dah, dah, dah, dah, dah.
Denise Cruz: Denise Cruz. I reside on Plaza Street. I would say that I support NCD five stories.
We are not a downtown. We don't want to be. It is nice to preserve the community and know
who your neighbors are, and to be able to walk around your community freely, and that's all I
have to say. Thank you.
Vice Chairman Teele: Thank you. Sir -- Mr. Chairman, that was the last person speaking. Then
I asked Lourdes and the Attorney to put on the record anything they need to that may have been
said.
Chairman Winton: Did you close the public hearing?
Vice Chairman Teele: Yes. The public hearing is closed, as of the last speaker.
Ms. Slazyk: I guess about the water. Yes, you can sell water. What the market district did was
include additional regulations. One of the things that this ordinance is doing is rescinding that
special district that we had created for a Farmers' Market Overlay District on Grand Avenue.
And in the replacement with the NCD -2, we created the market district area within NCD -2 to
allow these things to happen from outdoor locations. What the Zoning Ordinance says is that
you can't sell things outdoors, that things have to be old inside in retail stores and establishments.
In the market district, these are the things you can sell outside. Doesn't mean you can't sell water
in the district. It's just that everything else -- all the other sales of anything else in this district
have to be done from enclosed structures, retail structures, but within the market and the
Caribbean Market District, this goes on the to say that these are this things that you can sell
outside, which you normally wouldn't be able to do in any other commercial zoning district in
the City, unless it's specifically allowed, so in that respect, just before the piece that he was
reading about the prepared raw foods and drinks, the language says, the market district overlay
shall permit the following uses in addition to that, which is permitted in the underlying districts."
So, if you can have a retail store that sells other foods and other things within the underlying
district and an enclosed structure, yes, you can continue to have that. This is in addition to that.
Other than that, I think I responded to most of the other things. There was one additional thought
that occurred to me after -- while the public was speaking on the parking, when I said earlier
272 September 25, 2003
about the variance. There is also another provision in the zoning code that if you are within
community revitalization districts in the City, of which this area is a Community Revitalization
District, you only have to provide one parking space for one and two bedroom units versus two
spaces for two bedroom units. That was an amendment, some of you may remember, while
Commissioner Gort was here, that would also give another little parking break to residential
projects within this district, and that would keep the resi -- the parking to much less of the
building and would allow you to achieve your FAR in five stories.
Chairman Winton: Mr. City Attorney, you have anything you want to add?
Mr. Maxwell: Mr. Chairman, members of the Commission, I just wanted to comment on the one
thing the word taking that's been banded about and there have been several references to Bert
Harris, I think you've heard. I just wanted to --whether or not the City's actions unreasonably or
inordinately burden this property, which is a (UNINTELLIGIBLE) word for Bert Harris, is a
question of fact, and it would depend -- the court would have to look at that on a case-by-case
basis. That's not -- I don't think that's an issue for this Commission to consider at this particular
point. If they were to file a Bert Harris claim, the court would have to look at each particular
property. There would have to be testimony and evidence submitted. There would have to be
appraisals. So, the fact that property may be reduced in height doesn't in and of itself constitute
any kind of reduction in value, so I don't think that this Commission should be cowed in any way
by references to the Bert Harris Act.
Chairman Winton: OK. Yes.
(COMMENTS OFF THE RECORD)
Chairman Winton: Oh, no. Well, go ahead. Would you mind, because I'd like to talk for a
minute. Yes, and I'm --
Vice Chairman Teele: The Chair is going to recognize Commissioner Winton, the Chairman, to
move the item and make some discussion.
Chairman Winton: I want to go back four years ago, which is when I got elected. I went to the
Coconut Grove Tenants and Homeowners' Association board meetings back four years ago.
Will Johnson sitting back here was doing -- actually, I think Will became president shortly after I
got elected, and he wasn't even president then, and they were lucky if they had 25 people in the
room, and there were plenty of times when there were 10 or 15 people in the room. Virrick Park
was a mess. Drug dealers owned the neighborhood. The redevelopment of Grand Avenue,
which we haven't even talked about yet, was a dream that this community has had for years and
years and years. Creating the Bahamian village theme along Grand Avenue, from a development
standpoint, was a dream that the community had talked about for years and years and years, but
everything -- and creating real economic development in the neighborhood, particularly along
Grand Avenue, was a dream that the neighborhood had had for years and years and years, but the
fact is that I don't know -- because I've only lived in Miami since 1980 -- but I don't know if
there's been any truly new buildings built along Grand Avenue in 20 years. Maybe more, but it's
been a long time since there's been anything -- any real economic development along Grand
273 September 25, 2003
Avenue. This effort to create this new zoning district, it really did have, as a significant part of
its intent, the idea to stimulate economic development along Grand Avenue, but a whole host of
things have happened since that time, just four short years ago. The community came together,
United Way came to the table, lots of people came to the table, and Virrick Park may be one of
the most magnificent, beautiful parks in the entire City of Miami today. The drug dealers, while
we haven't solved all of the problems, but there's an awful lot of the bad guys gone. Absentee
landlords, who refused to maintain their property, who didn't care what kind of tenants they kept
in their properties have all been whacked hard. Grand Avenue redevelopment, which the
community dreamed about forever, thanks to Commissioner Jimmy Morales and, I think, myself,
that project is funded. The plans, I think, have already gone out to bid. Construction is supposed
to start this December -- OK, so maybe I'll give it to January, February, but I'm talking in real
time today, Grand Avenue streetscape is going to get done. This NCD Plan, which was also a
dream, we have an opportunity to get done tonight, and you bring all of those pieces together and
I think what this community has done is come together, forged as close a consensus as you can
get in today's environment, which there's no such thing as unanimity. I mean -- is that the right
word?
Vice Chairman Teele: That's correct.
Chairman Winton: I lost myself, but -- and the community is coming alive, and for the first time
in at least 20 years, there is -- there are real people coming to the table who want to invest and
help with economic development in the Grove, and I think this plan and all of the other steps that
this community has banded together that we've help them accomplish is going to allow the West
Grove to realize a dream it had for decades, and we're going to be responsible for that, and as far
as I'm concerned, I don't know if this ordinance is absolutely perfect any more that I know that
any other ordinance we pass is absolutely perfect, but I've watched how this community has
developed. You go to the Coconut Grove Tenants and Homeowners' Association meetings today
and you'll find 75 people. You'll find 50, 75, 100 people in that room today because the
community is revitalized. The community doesn't any longer just think that we don't give a
damn. I think they know we do care. We want the right thing to happen and we are going to
provide economic development for that community and we're going to do it the right way. This
is the opportunity to do it the right way. If there are errors in here, as far as I'm concerned, we'll
change them at some point down the road. It is an ordinance and we can fix things if it becomes
obvious that there are pieces that need to be fixed, but we have an opportunity to put the last
piece of this puzzle together tonight and, as a consequence, I would like to move acceptance of
the second reading staff s recommendation to pass this NCD district for West Grove.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: So moved.
Commissioner Sanchez: I would like to second the motion, if I could be afforded the
opportunity to speak. I -- we passed a Special Overlay District in Little Havana, and let me just
say that, the beauty of it all was that we got community involvement in that process to protect the
corridor of an area that people had not only invested interest, but it was their home and it was
their community, and let me just -- a statement that I can't get out of my mind, somebody made a
274 September 25, 2003
statement that a developer invested money in that neighborhood. Well, these folks have invested
their lives everyday in that neighborhood, and when you create those types of overlay districts,
you basically want to put there what the community feels that they want to put in there. Let me
just say that community involvement and the participation on this community level, you've
decided what you want the put there. It's your community, and just to make this statement. I
feel that Coconut Grove has come a long way, and by not supporting this ordinance, we would
derail its bright future as a historic and cultural community that it is today, so that's why I second
it.
(APPLAUSE)
Vice Chairman Teele: It's been moved and second. Commissioner Gonzalez, Commissioner
Regalado, discussion, debate. C.C., could I get you -- I want to ask you one or two questions.
Because you talked -- you spoke at length about the hearings that you all had. How many of
those hearings was Off -Street Parking represented at?
Ms. Holloman: Off -Street came to at least one of the focus groups on --
Vice Chairman Teele: No, no, no. I'm talking about the hearing. Focus groups is when you
bring people in.
Ms. Holloman: No. They were not at the public discussions.
Vice Chairman Teele: OK. That's what I thought. I'm very interested, Commissioner Winton,
in the remarks, to the extent she was able to get them out, that Lucia made about the transfer of
development rights, because I think there may be something there, if you're inclined in another
setting to consider that, but what I do want to endorse to you, Commissioner Winton, is that I've
had some unique opportunities in life to travel to probably every major city in this country. The
one common denominator that I have found -- and I no longer think it's accidental, unfortunately
-- is in every traditional African-American area in America there is a wholesale absence, lack of
parking or a plan for parking and you cannot develop commercial areas if you don't have
parking. I'm concerned -- I think this overlay is brilliant. I one hundred percent support it, but I
think we've got to keep going forward with it.
Chairman Winton: Absolutely.
Vice Chairman Teele: I think we've got to keep going forward with it. We can't stop and pat
ourselves on the back, other than tonight, but tomorrow we need to start looking at the next -- at
the next hill to climb or the next problem to solve, and I'm suggesting to the residents of the
Grove, who know this better than I do, and I'm suggesting it to the planners and the
Commissioner, that we've really got to make some headway in parking, and whether it's Little
Haiti, or Model Cities, or Overtown, there's one common denominator: There's no parking.
There's inadequate parking, and there is an absolute correspondence and correlation between
high unemployment in the black community, two and three times higher than unemployment in
all other communities, to the lack of the available commercial parking. If you don't have
adequate parking, you cannot have an adequate business, and so, one of the things -- and you
275 September 25, 2003
know what really blows my mind, Johnny, is the fact that there's so much resistance to parking in
the -- when you want to provide parking in the black area. Nobody provides resistance for
parking downtown. In fact, the smartest guy in -- that ever came to Miami was Colonel
Wolfson, who figured out how to get all of his parking paid for. I mean, you know, that's the
DDA (Downtown Development Authority). I mean, the Downtown Parking Authority. Is a way
-- when you think about it, everybody else who builds a building has got to provide parking, but
in the downtown area, it's done by government, so we've got to understand that the Grove
particularly needs parking, not just the Central Grove, but if we want to get this development to
go -- and I think therein lies a solution for some of these people who feel duped that they
invested and, you know, maybe we can get the downtown parking people to meet with them and
buy their land and get them off the hook, if they want to get out, and have everybody in there
that's a willing partner. Because, Commissioners, we have got to send the word to down -- Off -
Street Parking, as well as to planners, and the City planning and architects, et cetera, that when
you come to looking at the African-American community, you've got to look at parking as a
chore and essential inhibitor to true commercial development, and so, I rise in support, in strong
support, not of this ordinance, but really in the spirit of the residents of Coconut Grove. Because
what you all are saying and doing by coming together and speaking clearly, with one voice --
with some few people saying something different, but there's clearly an overwhelming voice
here, that we've got our act together and we really want to move the Grove forward, so I
commend you, Commissioner Winton, and I commend you, C.C., but most of all, I commend the
residents of the Grove for doing what hadn't been done in 100 years, and that's being together.
(APPLAUSE)
Chairman Winton: One second. Very brief, C.C.
Ms. Holloman: Thank you very much for that, and I do want to just respond and let you know
that the community has talked about the parking as the very next public discussion on the 29th of
this month, at the Domino Park, 6 to 8 o'clock, we will be talking about the next steps and
celebrating hopefully the passage of this NCD.
Vice Chairman Teele: Why don't you announce that again, because there are a bunch of people
said they didn't get the word.
Ms. Holloman: OK. We have some fliers that we'll be passing out and we will be coming
together on the 29th, which is Monday, at Domino Park, in Coconut Grove, from 6 to 8 p.m., to
talk about the very next steps. We're going to do a little celebration for tonight and then we're
going to immediately talk about the next steps.
Chairman Winton: Well, we haven't passed this yet, so let's not get premature.
Vice Chairman Teele: What time is that meeting?
Chairman Winton: There's been no vote.
Vice Chairman Teele: What time is that meeting.
276 September 25, 2003
Ms. Holloman: Six to eight, and you're definitely invited to come. OK, so thank you very much
on behalf of the community.
Vice Chairman Teele: Mr. Attorney, you want to read the ordinance into the record?
Chairman Winton: Please.
Mr. Maxwell: Yes, sir. You got a motion? Is there a motion?
(COMMENTS OFF THE RECORD)
Mr. Maxwell: This is an ordinance before you entitled --
Vice Chairman Teele: By the way, hold on one minute. Did you want to amend that ordinance,
Commissioner Winton, to conform to the advertised boundaries --
Chairman Winton: Oh, yeah, I did. That's right.
Mr. Maxwell: Well, wait a minute. I don't want it to appear that the advertisement was
incorrect.
Chairman Winton: No. He testified --
Mr. Maxwell: That's not the case.
Chairman Winton: No, no, no.
Mr. Maxwell: But you can make adjustments.
Chairman Winton: You're missing the point.
Mr. Maxwell: No, no. I'm -- go ahead.
Chairman Winton: We want it to conform to -- we want to take out the part that has added in
Commodore Plaza and whatever that other section is, because I think it just adds confusion --
Ms. Slazyk: Yes.
Chairman Winton: -- doesn't have anything to do with their advertisement.
Ms. Slazyk: Yes. Just for the record, the text included a bigger boundary because it was part of
a vision plan for an island district, and it was only applied to a smaller portion in NCD -2 because
the rest -- we were still working on appearance codes and on additional things with the
community, but I'd be --
277 September 25, 2003
Chairman Winton: Lourdes, what does it hurt to take it out, tell me that?
Ms. Slazyk: Nothing.
Chairman Winton: Nothing.
Ms. Slazyk: You can make them match.
Chairman Winton: Take it out because it might make something simpler.
Ms. Slazyk It will clarify it. It will --
Chairman Winton: So, that's the motion and thank you for reminding me.
Mr. Maxwell: The instructions are to make it concomitant with the application itself.
Ms. Slazyk That's correct, so it would be a modification to match the -- where it's actually being
applied.
Vice Chairman Teele: Madam Clerk, call the roll.
Ms. Thompson: The ordinance --
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION RESCINDING
ORDINANCE NO. 12324 WHICH CREATED THE "SD -26 COCONUT
GROVE MARKET OVERLAY DISTRICT," AND SUBSTITUTING IN LIEU
THEREOF THIS NEW ORDINANCE AMENDING ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 8, SECTION 802, NCD -2 GRAND
AVENUE CORRIDOR NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT, IN ORDER TO CREATE THE NCD -2 GRAND AVENUE
CORRIDOR NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT,
AND TO ADD AN INTENT STATEMENT, CREATE SPECIAL DISTRICT
REQUIREMENTS AND LIMITATIONS ON USES; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
278 September 25, 2003
was passed on its first reading, by title, at the meeting of July 24, 2003, was taken up for its
second and final reading, by title and adoption. On motion of Chairman Winton, 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. 12417
The Ordinance was read by title into the public record by the Deputy City Attorney.
(APPLAUSE)
Chairman Winton: All right. Good night. Go home. See your families.
72. TO AMEND ORDINANCE NO. 11000 FROM R-2 DUPLEX RESIDENTIAL, O OFFICE
AND SD -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT TO R-2 DUPLEX
RESIDENTIAL, O OFFICE AND SD -2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT WITH AN NCD -2 GRAND AVENUE CORRIDOR NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT.
Joel Maxwell (Deputy City Attorney): Hold, hold, hold, hold, hold, Commissioners.
Chairman Winton: Oh, wait, wait. Wait.
Priscilla Thompson (City Clerk): Commissioners, Commissioners.
Mr. Maxwell: Hold, hold.
Vice Chairman Teele: Companion item.
Chairman Winton: Yes, it is. Don't go home yet.
Mr. Maxwell: Oh, no, no. You've got one more item.
Ms. Thompson: PZ -16 -- I'm sorry, Commissioners, I've been instructed to make sure to call out
the roll and the vote. The ordinance was adopted on second reading as a modified ordinance five
zero.
279 September 25, 2003
Vice Chairman Teele: Now, is there a second --
Chairman Winton: Yes, sir. There's a companion item.
Mr. Maxwell: Yes. You have --
Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -16 is a companion item, in order
to amend the atlas to reflect the NCD -2 overlay. It was recommended for approval by the
Planning Advisory Board, recommending approval by the Planning and Zoning Department and
passed by the City Commission first reading July 24, 2003.
Chairman Winton: PZ -16 is a public hearing. Anyone from the public like to speak on PZ -16?
Carter McDowell: I would simply like to adopt my comments under PZ -15 for the record in PZ -
16, please.
Chairman Winton: Great. Thank you. Anyone else from the public would like to speak on PZ -
16? Mr. City Attorney.
Joel Maxwell (Deputy City Attorney): Yes, sir. Just -- I think we'd like the record from PZ -15
should be incorporated in total.
Chairman Winton: You mean the entire record.
Mr. Maxwell: The entire record.
Chairman Winton: OK, so we're going to incorporate the entire record from PZ -15 into PZ -16.
Anyone else from the public like to speak on PZ -16?
Vice Chairman Teele: Move the item, Mr. Chairman.
Chairman Winton: If not -- we have a motion, second. Read the ordinance, please.
The Ordinance was read by title into the public record by the Deputy City Attorney.
Chairman Winton: Roll call.
(APPLAUSE)
280 September 25, 2003
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING PAGES NO. 46 AND 47 OF THE ZONING
ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM (R-2) DUPLEX
RESIDENTIAL, O OFFICE AND SD -2 TO (R-2) DUPLEX RESIDENTIAL, O
OFFICE AND SD -2 WITH AN NCD -2 OVERLAY FOR A PROPOSED
"GRAND AVENUE CORRIDOR NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICT" LOCATED IN COCONUT GROVE, MORE
PARTICULARLY DESCRIBED AS THE PROPERTIES LOCATED ALONG
THE GRAND AVENUE CORRIDOR APPROXIMATELY BOUNDED BY
COMMODORE PLAZA AND MCDONALD STREETS TO THE EAST,
BROOKER AND JEFFERSON STREETS TO THE WEST AND FRONTING
ON GRAND AVENUE, IN COCONUT GROVE, MIAMI, FLORIDA (SEE
"EXHIBIT A"); FURTHER RETAINING THE EXISTING "PRIMARY
PEDESTRIAN PATHWAY" DESIGNATIONS FOR THOSE PROPERTIES
FRONTING ON GRAND AVENUE AND ADDING "PRIMARY
PEDESTRIAN PATHWAY" DESIGNATIONS ALONG THE REMAINDER
OF THE GRAND AVENUE CORRIDOR, EXCEPT FOR SUCH PROPERTIES
ZONED R-2; MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of July 24, 2003, was taken up for its
second and final reading, by title and adoption. On motion of Vice Chairman Teele, seconded by
Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12418.
Ms. Thompson: The ordinance has been adopted on second reading, 4/0.
Chairman Winton: All right. Ladies and gentlemen, thank you all. Good night.
Vice Chairman Teele: Good presentation.
281 September 25, 2003
Chairman Winton: Yeah. Thank you.
73. APPROVE SUBMITTAL OF FY '04 BUDGET FOR SOUTHEAST OVERTOWN/PARK
WEST AND OMNI COMMUNITY REDEVELOPMENT AGENCY CONTINGENT UPON
APPROVAL BY CRA BOARD OF DIRECTORS AT SEPTEMBER 29, 2003 REGULAR
BOARD MEETING.
Vice Chairman Winton: I'll let you get this blue page item out of the way.
Frank Rollason (Executive Director, CRA): Thank you so much, sir.
Vice Chairman Winton: OK.
Mr. Rollason: Frank Rollason, Executive Director of the CRA (Community Redevelopment
Agency).
Commissioner Sanchez: Vote to deny.
Vice Chairman Winton: Second.
Mr. Rollason: So moved. Let's vote. What we have in front of you is Item "A" that's on your
blue sheet, which is our request to approve the submittal of our FY -04 budget. At this point, and
what this allows to have happen is that if you pass it here, contingent upon it being passed by the
board Monday night, on the 29th --
Vice Chairman Winton: It's adopted as a part of our budget.
Mr. Rollason: -- whatever passes then, it won't have to come back here, and Budget will be able
to load the budget and so forth, and I've worked this out with Larry Spring and -- Larry's leaving
me now. Larry, Larry. Anyway, the budget is run through his shop --
Commissioner Sanchez: So moved.
Mr. Rollason: -- and he's coming up here now, and he can speak on that.
Vice Chairman Winton: Discussion. Being none, all in favor "aye."
The Commission (Collectively): Aye.
Vice Chairman Winton: Like sign, opposed. The motion carries.
282 September 25, 2003
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 03-1060
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ADOPTING THE "GENERAL OPERATING" AND "TAX
INCREMENT FUNDS PROJECTS AND PROGRAMS" BUDGETS OF THE
SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT
DISTRICT COMMUNITY REDEVELOPMENT AGENCIES ("CRAs"),
ATTACHED AND INCORPORATED AS "COMPOSITE EXHIBIT A,"
SUBJECT TO APPROVAL OF THE BUDGETS BY THE CRAB' BOARDS OF
DIRECTORS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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. Rollason: Thank you, sir.
283 September 25, 2003
74. SECOND READING ORDINANCE: DEFINE AND DESIGNATE THE TERRITORIAL
LIMITS FOR CITY FOR PURPOSE OF TAXATION; FIX MILLAGE AND LEVY TAXES IN
CITY FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER
30, 2004.
SECOND READING ORDINANCE: MAKE APPROPRIATIONS RELATING TO
OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004.
Chairman Winton: What's the first budget item, 32? Madam Clerk, what's the first -- ? Madam
Clerk, 32 is the first budget item? Is 32 the first budget item?
Priscilla A. Thompson (City Clerk): 32.
Chairman Winton: You're -- been waiting.
Larry Spring: Commissioners, Larry Spring, chief of Strategic Planning, Budgeting &
Performance. Tonight I wanted to outline the changes which the Administration has made to the
tentative budget that was approved at the last meeting. Overall, the bottom line of the budget has
not changed. However, a few funding changes were made to accommodate for a loss of federal
funding, and there have been two changes made to the Table of Organization document, which
I'll detail in my presentation. Before I get started with that, I'd like to read the official
pronouncement into the record. This is the final public hearing to discuss the proposed millage
rate and tentative budget for fiscal year 2003/2004.
Commissioner Sanchez: Well, that's hopeful. Hopeful, it'll be the last meeting.
Mr. Spring: The proposed general operating millage rate of 8.7625 for the City of Miami for the
fiscal year beginning October 1, 2003 and ending September 30, 2004 is 10.35 percent higher
than the rollback rate of 7.9403. The specific purpose for which this ad valorem tax revenues are
being increased: To eliminate the annual structural deficit matching recurring annual rev --
expenses with recurring annual revenues, and the purpose is to fund annual municipal services,
including but limited to, Police, Fire, and Solid Waste, a total of $15,973,380. From the prior
Table of Organization, two major changes were made. The first, the Manager's recommended
the designation of Linda Haskins as the deputy chief administrator. Given the size and
complexity of the City's operation, the chief administrator felt it be important that we designate a
clear second in command. The updated Table of Organizational -- Table of Organization chart
also reflects the addition of an Office of Transportation, which will report to the chief of
Operations. This changes a correction of an omission that was made in the previous table. The
two funding changes that I alluded to earlier are as follows: First, we reduced the general fund
contribution to capital by $1.066 million. The second was to increase the contribution to NET
(Neighborhood Enhancement Team) by the same amount. This change was made to
accommodate for the fact that HUD (Department of Housing and Urban Development) has
disallowed the reimbursement of the City's lot clearing and code enforcement activity, and it is
important to know that Community Development will be utilizing those federal dollars for
predevelopment activities and street and sidewalk projects. Before you you have our revenue
284 September 25, 2003
summary. As previously stated, there were no changes to the total projected revenues for 2000 --
for the fiscal year 2004, so I've included the chart just as information -- just for informational
purposes. To quickly go over it, again, taxes, 181 million, license and permits, 9.5 million,
intergovernment revenue, 31.6 million, charges for services, 94.1 million, fines and forfeitures,
4.1 million, miscellaneous revenues, 4.9 million, non -revenues, 33.2 million, and internal service
funds, 47.7 million. The graphical breakdown of our revenue: Again, important to note that
taxes make up 43.5 percent of the total revenue for the City of Miami. Very quickly, I wanted to
reiterate a few of the revenue highlights for the benefit of the public, which were not present at
the prior meeting. First, that the City's operating millage is being reduced to 8.7625 from 8.85;
second, the City's debt service millage is being reduced to 1.08 from 1.218, a total reduction of
.225 mills, or a 2.2 percent decrease. This total decrease will counter the effects of property
value increase for exempt homeowners. That is to say that homeowners in the City of Miami
should not experience an increase in the amount of city -assessed taxes. Finally, our Solid Waste
and residential fire fees will remain flat for fiscal year 2004. Respectively, those fees are $325
and $61. Here again is our appropriation summary. Again, for the benefit of those who were not
present at the first hearing. There were two -- the two funding changes that I discussed earlier
resulted in a change between two of the categories; the nonoperating and the capital. The
nonoperating increased by $1.066 million, and the capital improvement category decreased by
the same amount. There were no other changes to the appropriation, so graphical presentation of
the summary. Again, here to note that personnel costs are 74.3 percent of the total operating
budget, and finally, the City's general fund contributions to capital. Here again, as previously
stated, the total was decreased by $1.066 million. The specific category that was affected was
streets and sidewalks, which was reduced to 8.9 million, and again, want to state it on the record
that that funding will be replaced from -- with federal dollars from the Community Development,
and --
Vice Chairman Teele: Say that again (UNINTELLIGIBLE).
Mr. Spring: That funding source is being replaced --
Vice Chairman Teele: Put that chart back up, the one -- is this this year or last year?
Mr. Spring: This is this year's general fund contribution in capital, or the fiscal year 2004
contributions to capital.
Vice Chairman Teele: $8.9 million for streets and sidewalks?
Mr. Spring: Yes.
Vice Chairman Teele: Does that include the gas tax?
Mr. Spring: Absolutely, sir.
Vice Chairman Teele: So you all are putting the gas tax into the general fund?
Mr. Spring: No, into capital. This is the general fund's contribution to capital.
285 September 25, 2003
Vice Chairman Teele: This is the general fund's contribution to capital, 8.9.
Mr. Spring: No. The entire contribution to capital is 19,794,000.
Vice Chairman Teele: Of which, 8.9 million is streets and sidewalks.
Mr. Spring: Correct.
Vice Chairman Teele: Does that include -- ?
Mr. Spring: The transportation?
Vice Chairman Teele: No.
Mr. Spring: Oh.
Vice Chairman Teele: Yes.
Mr. Spring: The transportation is actually in a special revenue fund --
Vice Chairman Teele: Well, that's not my question.
Mr. Spring: OK.
Vice Chairman Teele: Does the general fund contribution include any special revenue funds?
Mr. Spring: No, it does not, because those --
Vice Chairman Teele: All right.
Mr. Spring: -- special revenue dollars are --
Vice Chairman Teele: Does the general fund -- the way you're booking this, does that include
gas tax money?
Mr. Spring: Absolutely. The general fund receives the gas tax money and --
Vice Chairman Teele: How much is the gas tax?
Mr. Spring: $7.7 million.
Vice Chairman Teele: OK.
Mr. Spring: OK, and that was the end of my presentation, actually, and I'll open it up for
discussion.
286 September 25, 2003
Commissioner Regalado: Question.
Mr. Spring: Yes, sir.
Commissioner Regalado: You earlier today gave us a letter from the estimating conference
committee on the recommendations. First of all, they talk about the pension costs. Now, I ask
you and you sent an electronic mail regarding the pension, saying that the stock market did
recuperate and that the pension fund did recuperate, but that you did your numbers way back, so
it would be for next year that we would have to supply less than we did this year, is that correct?
Mr. Spring: That is correct, sir. Based on how the pension payment is calculated, we go on the
previous year's performance. That recovery of the pension assets is occurred from 2002 through
actually last month, so the activity that we'll be dealing with will be part of next year's budget.
Commissioner Regalado: But suppose that there is some act of God, another, God forbid, 9/11,
and there is a problem with the stock market; come November or December that will throw your
figures for next year down the drain, is it?
Mr. Spring: No. That would -- actually, that --
Chairman Winton: It'd be the next year.
Mr. Spring: -- those are the consideration for 2005's budget, not for 2 --
Commissioner Regalado: 2005.
Mr. Spring: --not 2004.
Commissioner Regalado: Now, they say these people that we should be concerned that salaries
and other personnel -related costs, especially health care, are rising at the rate faster than the
City's growth in revenue and significantly faster than inflation. Do you agree with them?
Mr. Spring: Actually, yes, I do, sir.
Commissioner Regalado: And why are we jumping on personnel costs, the figures that you sent
there from two -- is it 272 to $309 million?
Mr. Spring: Correct, sir. It's a $30 million increase, specifically related to -- and I'll give you a
quick detail. Six point eight of that is related to actual contractual salary increases.
Commissioner Regalado: Actual what?
Mr. Spring: Six point eight million to salary increases, 21.5 million is the change -- the increase
in our pension contribution for the year, and about 1.2 million is related to increase in our health
care coverage.
287 September 25, 2003
Commissioner Regalado: Well, it's a jump of 30 million.
Mr. Spring: Total jump of $30 million, sir.
Commissioner Regalado: And they also say that if we were to lose the parking surcharge, we'll
be in trouble, and we're going to have to raise taxes. Do you agree with that?
Mr. Spring: I don't know if I would say I agree with that we'd have to raise taxes, but the City
would definitely have to look at a way of either reproducing the revenue or cutting costs to cover
that loss in revenue.
Commissioner Regalado: So, even if we lose the parking surcharge vote in November, you don't
agree that we have to raise taxes?
Mr. Spring: Actually, not for this year. It would not affect this fiscal year, but we --
Commissioner Regalado: No, no, coming year.
Mr. Spring: It's not that I don't agree that we would need to raise taxes. It's just that it's either
one or the other, I guess, at the end of the day. We would either have to reproduce revenue or
cut expenses by the same amount.
Commissioner Regalado: Mr. Chairman, I'm -- I'll have some questions afterwards.
Chairman Winton: OK. Why don't we do the public hearing portion of this, if y'all don't mind,
then we'll get that done, and then I'll come back to each of you? Item 32 is a public hearing on
the proposed millage rate. Anyone from the public like to speak on Item number 32? Being no
one --
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: Why don't we allow public hearing on the millage rate or the budget --
Chairman Winton: OK.
Vice Chairman Teele: -- and let's get it over with.
Chairman Winton: OK, I'd love to hear it. Yes. Mariano.
Mariano Cruz: Mariano Cruz. I'm not complaining about the taxes. I think the millage rate is
fine; 8.725 plus 1.08, that -- well, that's not the only millage we pay. I'm telling you, I got some
numbers. I am not a graduate from the (UNINTELLIGIBLE) school of business or from
Harvard or anything, but I graduated from the University of Life. I ran a business when I was a
288 September 25, 2003
teenager in Cuba a little bit, OK, but that's part of that, but remember, when we factoring the $61
we pay in fire fee, that comes to 2.785 mills in my case because I get taxes, and only 21,903,
that's my assessed value because I live in my house for 35 years, so it doesn't increase in value.
Market value is higher, a lot higher. Then, when I take into consideration the waste fee into my
assessed value of 21,903, it comes to 14.8381 mills; makes a big total when we add them
together of 27.9656. See, that's what I told you, that the fire fee is regressive because it takes
only in account the fixed value. It doesn't go by the -- by millage per property. If some of these
houses were getting assessed 26.3856 millage, there would be a lot of more money coming to the
City, too, but why should I be subsidizing a house in Grove Isle? I shouldn't be subsidizing that
for the fire fee. It's regressive and it's contrary, and now, going now to the City. I got no
complaint my services. No complaint for the NET service or anything, even we got some
problems with the NET, but Mayor Manny Diaz sent Diego Hernandez and Fernando Acosta to
my house and -- my daughter's problem were taking care, and the only thing I am complaining
on this budget is why they laying off 19 people, the lower paid people of the City, when there is
money to hire all kind of people at 50 percent higher than the previous person in that position?
Chairman Winton: Thank you.
Mr. Cruz: That's what I complain. Thank you.
Chairman Winton: Thank you.
Jean -Robert Lafortune: Good evening, Mr. Chair and member of the Commission. If you allow
me, I would like to pass out this, an article.
Chairman Winton: Yeah. We'll need your name and address for the record. This is about
millage or budget, right?
Vice Chairman Teele: Budget.
Chairman Winton: OK. How is this about budget?
Mr. Lafortune: My name is Jean -Robert Lafortune, Chairman of the Haitian American
Grassroots Coalition and also co-chair of the Haiti Bicentennial Coalition Committee. I was
before you, Mr. Chair and member of the Commission, in order to urge the City of Miami to a --
in term of Resolution 377 and also 3129, which created the Haiti Bicentennial Coalition
Committee. It is very late. Up to January 1 -- 18, 2004, and there are a lot of things that needs to
happen, so our community may have a dignified celebration or commemoration of the
Bicentennial. Why? Many people have benefited from the Haitian evolution, not only Haitian,
but also American. America, the way that we know it today, may have been different without
the success of the Haitian Coalition. In this, I'm referring to the purchase of Louisiana in 1903
by President Thomas Jefferson. It was the success of the Haitian revolution that prevented the
French expeditionary army to go up north to invade the Louisiana Territories and go forward in
North America, and also there is a -- the Savannah, what we call the Volunteer of Savannah that
came all the way from Haiti to assist the -- a (UNINTELLIGIBLE) 1779, so it could push out --
push away the British Army. We can go on and on and on. We also can name that Cuba. Cuba,
289 September 25, 2003
during the 19th Century, when Cuba became the top producer of sugar, tobacco, cotton, other
things they are based on the contribution of the Haitian slaves that were settled in Cuba, mulattos
in Cuba along with some -- with some plantation owners.
Chairman Winton: Excuse me.
Mr. Lafortune: Yes.
Chairman Winton: This is a public hearing on our budget and so --
Mr. Lafortune: OK. What we are --
Chairman Winton: -- we really only allow two minutes, and I --
Mr. Lafortune: OK. We are here to today to urge the Commission to a -- earmark a -- some
expenditure for the Haiti Bicentennial Steering Committee so we can properly put things in
motion from having dedicated staff to help prepare that Bicentennial.
Vice Chairman Teele: Mr. Chairman.
Chairman Winton: Yes, sir.
Vice Chairman Teele: I just want to say, I want to apologize to you and the members of the
committee. I only became aware -- and it's my fault, along with the Manager and the Mayor --
but we need to deal with this thing appropriately. I'm trying to work through some issues with
the budget office, but the thing that I think has gotten out of hand -- and I don't mind saying this -
- is that these festivals and parties are just too much for the Commission right now, and if we're
talking about -- because I want to bring up tonight some activities relating to the FTAA (Free
Trade Area of the Americas), as well as the Haitian Bicentennial, but nothing to do with -- you
know, the tradition parties or the festivals, and if we're talking about working with FIU, Florida
International University, or something like that -- you know, there are a lot of cities in South
Florida: Palm Beach, Fort Lauderdale, Miami -Dade County, but there's only one Little Haiti, and
if you say Little Haiti in New York, people think about Miami, so we have a special obligation to
lead but not necessarily exclusive to be a party, so I'll tell you -- I'll do whatever I can to work
with the committee.
Mr. Lafortune: Thank you, Mr. Chairman.
Chairman Winton: Thank you.
Chairman Winton: OK. Anyone else from the public would like to comment on budget and
millage? If not, we'll close the public hearing. Might as well start -- Joe, Angel.
Commissioner Gonzalez: Yes. Thank you, Mr. Chairman. Mr. Spring, I have a question. The
personnel cost this year is 74.3 percent of the fire fee? The personnel costs.
290 September 25, 2003
Mr. Springs: The personnel costs for the year?
Commissioner Gonzalez: 74.3 percent of the -- for the budget?
Mr. Springs: Yes, yes, yes. Yes.
Commissioner Gonzalez: How much was it last year?
Mr. Spring: Actually, if you give me one second here.
Commissioner Gonzalez: And I'm sorry. I know I have that in my book, but I don't have my
book here. What I wanted to know is, if we are keeping a trend of increasing costs in personnel
or if we are declining?
Mr. Spring: It is definitely increasing.
Commissioner Gonzalez: It is increasing.
Mr. Spring: It is increasing. Matter of fact, I can tell you right now --
Chairman Winton: Mr. Spring, you need to get closer to your mike. Please pull it down.
Mr. Spring: It was 71.2 percent last year.
Commissioner Gonzalez: All right. That answered that question. I had a lot of concerns at the
last budget hearing and, as I requested, the Manager met with me. We had a long discussion, and
my concerns were addressed and they were answered, and I'm -- I would be ready to support this
budget, but I have another concern, and it's a new concern, and it's in reference to the Fire
Department. I know that the Fire Department, their budget was cut and then you requested the
Fire Department to take an extra hit of another 3 percent, OK, and honestly, I'm concerned with
that, and my concern is that I realize that we're going to be -- we're going to start losing some
firemen some time next year, and I want to make sure that when that happens, since they're not
going to be allowed to hire for the next year, what I want to make sure is that we don't cut two
areas of the Fire Department. One is training and the other one is inspectors, and Mr. Manager, I
explained to you what my concerns were about the inspections and training, as a matter of fact,
these two vital areas of the Fire Department. We need our firemen to be properly trained and we
need our buildings to be properly inspected. What I need is a commitment from you, Mr.
Manager, that in the event that whenever we start losing positions in the Fire Department that
you will allow the Fire Department to use some overtime in order to compensate for the
personnel that they're going to be losing, and next year, I would like to -- you know, I would like
to discuss this because I don't want the Fire Department to -- custom of covering positions on a
permanent basis with overtime, because they are human beings also and there comes a time when
they are exhausted and they won't be providing the services that we need them to provide out
there, so if I can get that commitment from you that they will be allowed to use the necessary
overtime to cover the lost positions, I'll be satisfied with it.
291 September 25, 2003
Joe Arriola (City Manager): You're absolutely -- and we talked about this, and I told you -- as
we generate salary savings, I have told the Chief that he will be able to use that money for it and
we'll make sure that we keep the flow going.
Commissioner Gonzalez: OK. That's it. Thank you.
Chairman Winton: Commissioner Regalado.
Commissioner Regalado: On the fire fee, we all heard last time that that's important, and I know
that for the members of the Commission, the fire fee is something that is necessary, but I think
that there is a growing concern in many areas of the community, especially the people that
cannot pay the higher insurance rates and the higher taxes imposed by the County, and I can
predict to you that there will be more public outcry regarding the fire fee, some day mine will not
be the only vote, so you better, you know, think of alternative, because through the media, I will
be addressing, in the next nine to ten month, the issue of the fire fee, and --
Vice Chairman Teele: Why?
Chairman Winton: I mean, presumably, you have some idea about how you're going to replace
that revenue --
Commissioner Regalado: Well --
Chairman Winton: -- or expenses.
Commissioner Regalado: -- yes. The City has this tendency, as we see new buildings in line,
come in line and all that, we just increase the budget and we increase expenses, and we increase -
- and I was looking at the Estimating Conference letter, you know. They are make making a lot
of warnings, so I just wanted to add another one, because you know, circumstances; people are
getting more involved in terms of the taxes. I'm just saying to you, with plenty of time, that
could be because, you know -- remember, Forrest Gump; it happens, and there could be -- it
could be that public opinion turn and demand that fire fee be at least reduced, so I'm just saying
to you that those things, Larry, has to be think about it. You cannot, you know, see another
building coming in line and grab and put it in the general fund and spend it, so that is my -- I
don't have a plan, but I'm telling you, I am out there, and people, day by day, are becoming to be
more restless about this kind of tax and fee. The other question that I have, are we continuing on
the budget or we're going to vote on the millage? We're just --
Chairman Winton: We're on the --
Commissioner Regalado: We're doing both things?
Chairman Winton: It's kind of mixed right now.
Commissioner Sanchez: We're throwing everything together to get this --
292 September 25, 2003
Chairman Winton: Yeah.
Commissioner Regalado: Huh?
Chairman Winton: So we can --
Commissioner Sanchez: -- nightmare over with.
Chairman Winton: Yeah, we're --
Commissioner Regalado: What?
Chairman Winton: It's all together, he said.
Commissioner Regalado: Oh, OK.
Chairman Winton: We're throwing it all together and we're going to have a series of resolutions,
boom, boom, boom.
Commissioner Regalado: I like to find out about the services that will be eliminated because of
the grant that the City use. I have some e-mails from you and from Ms. Mark regarding these
community service providers. Problem is that I thought that some of them -- or all of them were
at NET office, but no, some of them are the Police Department. My question was: Would sworn
police officers be used to substitute these community providers?
Mr. Arriola: No, sir.
Commissioner Regalado: OK. How do you propose to substitute these community service
provider in the central, south, and north substation?
Mr. Arriola: Through the help of Chief Fernandez --
Chairman Winton: You want to let the chief answer that?
Mr. Arriola: Well, I'll just tell you. The -- we are keeping this -- we're keeping five -- there's
five service providers that are at the stations. We're -- they're keeping the jobs and they're going
to be staying at the stations.
Chairman Winton: Well, they're not keeping those jobs; you've reassigned them; isn't that
correct?
Mr. Arriola: Pardon me?
Chairman Winton: You've reassigned them to -- is it those --
Mr. Arriola: Yes, we have --
293 September 25, 2003
Chairman Winton: -- specific jobs?
Mr. Arriola: -- reassigned them. What we did is we were able to find positions that were not
filled, positions that we had in the station of civilians, and we took those civilians positions out
and put these providers at the stations.
Commissioner Regalado: Well, that's great news because I remember that you old guys -- you
guys said that the service will not be affected when these people were laid off, so it's good news
because I thought that you're going to have to use sworn police officers to take down reports, if
you don't have those community service providers. For instance, in the south substation, they
took care about 800 persons a month, those community service providers, so I thought that we're
going to have to use sworn police officers, which we need in the street.
Mr. Arriola: Commissioner, what we did is we took civilian positions that -- and we froze those
positions, and then we replaced those positions with --
Commissioner Regalado: I understand, but by doing that, you recognize that the service was
important, right?
Mr. Arriola: Absolutely, sir.
Commissioner Regalado: OK, so in the NET office, your explanation or Larry explanation is
that the NET service centers aides have similar public contact and clerical duties as the
community service providers. More or less, they do the same.
Mr. Spring: That's correct, sir.
Commissioner Regalado: So, for a year -- was it a year, the grant?
Mr. Spring: The grant was actually a three-year grant with an additional one-year general fund
commitment.
Commissioner Regalado: For three years?
Mr. Spring: Yeah. Three years grant funded; one year in the general fund by obligations, and
then our commitment to the grant, i.e., we would not have to pay the funding back was done after
Commissioner Regalado: For three years --
Mr. Spring: Three years on the grant.
Commissioner Regalado: -- we pay two people to do the same thing?
Mr. Spring: Actually --
294 September 25, 2003
Commissioner Regalado: That's what you said here.
Mr. Spring: Well, actually -- sim -- they had some similar functions. I wouldn't say they were
paid to do exactly the same thing.
Commissioner Regalado: No, but I don't -- I need to understand because what you told me here
is that they provide, more or less, the same services, so for three years, we pay an "X" amount of
employees to do, more or less, the same thing in the NET service center.
Mr. Spring: I'd like to address it this way and say, from a clerical standpoint, they had similar
duties. The CSP (Community Service Providers) were actually trained by the Police Department
to actually take reports for, you know, non -emergency incidents. What we're proposing that the
service aides that are in the NET offices will receive that same training so they will be able to
take the reports and help the Police Department in the same manner.
Commissioner Regalado: So they will have to work double time, right?
Mr. Spring: I wouldn't said they'd have to work double time. I think they're just --
Commissioner Regalado: So, before they didn't work --
Mr. Spring: -- they'd be doing more.
Commissioner Regalado: -- as they should?
Chairman Winton: Commissioner Regalado, I mean, where are you going with this?
Commissioner Regalado: Johnny, we spend two hours on the Coconut Grove issue --
Chairman Winton: But there were a hundred people speaking.
Commissioner Regalado: -- which was less important. I know --
Chairman Winton: And I'm required to allow them to speak.
Commissioner Regalado: -- and so I'm going to take the time that I need. I'm sorry. I just want
to understand what the Administration have told me here, and I -- I'll be brief. Don't worry. I
just want to understand about the services. Forget about the people because, you know, the -- I
know that some people say, well, you know, the Commission shouldn't get into this thing of
personnel or whatever, you know, but it's about services, so you tell me, how do we going to deal
with -- because I don't understand -- either before was very wrong or now it's going to be very
difficult to do that service. Before we pay two persons to do similar service; now one person
have to do two jobs, so you tell me if before they didn't work or after, they're going to have to be
doing double work.
295 September 25, 2003
Mr. Arriola: Let me answer that, Larry, because that's not -- we're not going to criticize anybody
that was at NET office. I'm not going to criticize what went on in the NET offices. All I could
tell you that it is my belief that the people that are at the NET will be able to do this job. I'm not
going to look back at what they did two years ago, a year ago. I know that the capabilities are
there. I have -- not in your case, but with Commissioner Gonzalez, we addressed this issue, and I
promise him that we'll review it, and in any case that we think that there's an overload on any --
at any NET office, we will correct it, but it is my very strong belief that we have enough
personnel at the NET offices presently to take care of the situation.
Commissioner Regalado: So what you're saying is that before they don't work.
Mr. Arriola: Sir, I'm not saying that. I'm saying that we're going to run the NET offices and
we're going to be able to give all the services. I'm not going to go back and criticize anybody
that was in this job before or anybody that was --
Commissioner Regalado: You did criticize the former manager on some of the instances that we
discussed here for some of the things that were made. I mean, it's nothing wrong with that. I
mean, you weren't here. You -- so that's not the point. My point is about services. You all going
to -- you all decided to close some NET offices, and the largest geographical areas --
Mr. Arriola: We have not closed. We have 13 NET offices and we're remaining with 13 NET
offices. We --
Commissioner Regalado: That's not what you told me.
Mr. Arriola: Sir.
Commissioner Regalado: Excuse me.
Mr. Arriola: Sir, at the last --
Commissioner Regalado: No, no, no, no. On the last --
Mr. Arriola: Excuse me. If you're going to let me talk, let me talk.
Commissioner Regalado: No, no, no, no. Don't -- Joe, please. See, that's the problem that you
have. There is no communication. I sat here today thinking that you're going to eliminate NET
offices because no one told me ever that no NET offices will be eliminated. I was told and they
show me this map and they show me this plan. I was told that some NET office will be
eliminated, so don't tell me that I knew about it, so I just came here thinking that you all going to
eliminate some NET office, so there's no elimination of NET office. Thank you very much for
the information. Still, go back to the services, geographical areas, the NET office: Coral Way,
one of the largest; Flagami, the largest; West Little Havana, the largest. You have a large
population to serve, and yet, we have problems with people that clean alleys and streets. We do
not have community workers in different NET office, at least that serve the district that I
represent, and that is my point, services, so we have a jump in the budget because of personnel,
296 September 25, 2003
but we do not have services to address the immediate needs of the residents, at least of District 4,
so could you tell me how many community services workers, not this that we're talking about,
those who pick up trash and old furniture, and clean alleys, are we going to hire to serve the NET
areas?
Mr. Arriola: We're not hiring anybody. I'm working with Mr. Patterson because we do have, as
you know, because of the efficiencies of the one -arm bandit, extra employees there, and we're
going to reassign some of those employees to become whether it's graffiti busters or, you know,
handle some of the cleanup duties. We have not utilized a lot of those employee savings
properly, and we're going to make sure that we get them into the NET and into the every day
service, if that's what you want to call them.
Commissioner Regalado: Do I need to go, of course, through a central process to get something
pick up or will there be a station at the NET office?
Mr. Arriola: I don't understand what you're saying.
Commissioner Regalado: Will those workers, when -- are reassigned, will be stationed at the
NET office or do we have to send a memo in order for the team to go there and pick up whatever
place in the city?
Mr. Arriola: I don't know how many extra employees we're going to end up, and I'm working on
that, but obviously, the ideal thing would be to have area employees. I'm not sure that every
NET office would fill the gap, but if we were to divide into areas, we would be doing really
good, and we will move them around as you need them.
Commissioner Regalado: Those employees, those providers, the one that clean, do they get
uniforms and boots?
Mr. Arriola: Yes. They are regular people that work in our sanitation department. I'm sorry, I
couldn't think of the word. They're the same employees that we have extra employees there and
we're going to assign, and I think a couple of the NET office have them now, and we're going to
look to find more through efficiencies to put in -- work in the NET office or in areas. I'm not
sure that every NET office is going to have them, but areas that require them.
Commissioner Regalado: No. I'm talking about uniforms because --
Mr. Arriola: Yes.
Commissioner Regalado: -- there is an Afro -Cuban -American person that has been on a
temporary basis for six year working as a -- he cleans. He does things. He -- in the morning, he
has to start working at the Overtown NET center, and then he punches his card on the Solid
Waste Department. He makes, I think, $9 an hour or something like that, and he was told that
they will not provide a uniform and boots for him; that he has to buy that himself because he's
temporary and he's not assigned either to NET or either to Solid Waste, and I think it's unfair --
297 September 25, 2003
Mr. Arriola: I will --
Commissioner Regalado: -- that the guy has to buy --
Mr. Arriola: -- look into that particular case, but it is the standard policy -- and again, there's
always one exception there, but --
Commissioner Regalado: That one fell through the cracks.
Mr. Arriola: And it could have, and we have 3,700 employees, so that's not hard, but they are all
supposed to get the shirts and shoes, sir, and I'll be delighted to look into that one particular case
and correct that.
Commissioner Regalado: So --
Commissioner Gonzalez: Would you yield?
Commissioner Regalado: Yeah, sure.
Commissioner Gonzalez: On the NET issue, I happen to agree with Commissioner Regalado,
that we have many, many problems in NET, and I remember my first year as a Commissioner, I
kept insisting that the NET administration at the MRC (Miami Riverside Center) had a budget of
two and a half NET offices in the neighborhood, OK; people that were not providing any
services out on the street. They were not doing anything out there to provide services, direct
service to the community. They were bureaucrats; that they were making two and a half the
budget of any NET office in the neighborhoods, and we have -- we had problems -- and let me
tell you, Mr. Manager. NETS, you're going to need to get very, very involved in NET in order to
square away the NET department, to make sure that we're providing the necessary service out
there, because I have had instances where I have had trash in my district and we have had to call
another NET office and wait until they are able to lend me, to lend my district two persons to
clean up the mess. I mean, you know -- and we have -- and maybe we have 20, 30, 40 people
sitting around making jokes, talking on the phone, or doing whatever they happen to do, all right,
and in the other hands, we're sacrificing maybe two or three employees, and the same service
provider that Commissioner Regalado use, I'm -- I have to use myself and Commissioner
Sanchez have to use himself, so if they're busy in my district and he needs them, he have to wait
until they're finished in my district to go to him and then go to Commissioner Sanchez, so NET
is a total mess. It has been a total -- it has been a mess and it's a total mess, OK, and we need to -
- we're going to need to work very hard on making sure that we cover -- oh, I know you -- on
your plans, you have a -- the structure of NET is going to change. You're going to have Code
Enforcement, and you're going to have NET, and you're going to have -- but NET, if they would
have follow the concept of NET -- why was NET created? Let me tell you, they have plenty,
plenty, plenty of work out there. If they wanted to follow the guidelines and the concept of why
was NET created and what is NET supposed to be doing out there, other than code enforcement,
so definitely, I happen to agree with Commissioner Regalado in the area of NETS, that we need
to work very hard in that area. Thank you.
298 September 25, 2003
Commissioner Regalado: So I just --
Mr. Arriola: And you're going to help me fix that. You promised me that --
Commissioner Gonzalez: Huh?
Mr. Arriola: -- that you're going to help me fix that.
Commissioner Gonzalez: Be more than happy to (UNINTELLIGIBLE).
Commissioner Regalado: I yield to him. Just one question, so to be clear, on this budget year
we're going to have 13 NET office, that's --
Mr. Arriola: We have 13 NET offices --
Commissioner Regalado: No. We are going to have, from this budget year, from October 1,
2003 to September 30, 2004, 13 NET office.
Mr. Arriola: We have 13 NET offices, and we're not going to do anything until we do a
complete revision, complete program. You will all be involved. You will all be a participant,
and at the time you want 14, we'll get 14, and if you want 12, you'll get 12. I'm not going to do
this in a vacuum anymore. I talk to Commissioner Gonzalez, who's very involved in NETS, and
I've asked him to help me organize, but as of right now and for the future, 13 NET offices and
we'll remain with 13 NET offices.
Commissioner Regalado: And workers from Solid Waste will be transferred fiscally to NET
office.
Mr. Arriola: Well, I don't know when you're talking about transfer. What I said to you is that I
am going to get Solid Waste employees and I will have, whether it's at one NET or in an area, to
work to be -- either be graffiti busters or, you know, working to clean up areas. Now, there's
some present in the NET office right now. As you know, physically, we couldn't have anybody
there, so you know, for me to tell you that we're going to have people there physically, you
know, I can't.
Commissioner Regalado: Why not?
Mr. Arriola: They're small there. We don't have any space.
Commissioner Regalado: Well, it used to have there.
Chairman Winton: Well, it may not be the best deployment. I mean, have you decided that yet?
Mr. Arriola: Or it might not be the best deployment, so --
Chairman Winton: So --
299 September 25, 2003
Mr. Arriola: -- it really -- what I'm saying is, we're going to grab them, we're going to use them,
and we're going to deploy them as we need them in the different areas.
Commissioner Regalado: And --
Commissioner Gonzalez: Commissioner Regalado, I believe that one of the areas that we have
to work on or the Manager have to work on is work in the structure of the buildings of the NET
offices because there are some NET offices out there that, let me tell you, that NET office, that
West Little Havana NET office, I'm ashamed, as a City Commissioner, to know that there are
some City taxpayers that go to that NET office to request services and the conditions that they
have to go into in order to get services.
Chairman Winton: Same in Upper East Side.
Commissioner Gonzalez: Pardon me?
Chairman Winton: Upper East Side office (UNINTELLIGIBLE).
Commissioner Gonzalez: Same thing. Allapattah NET office is a building that has been
abandoned for I don't know how many years. It's dirty. It's not painted. I mean, you know, we
have to do a complete overhauling and try to accommodate NET in an area where they can have
all the staffing necessary to provide services to our communities.
Commissioner Regalado: So, to finish with NET --
Vice Chairman Teele: Before you finish NET, I just want to associate myself with the remarks
of Commissioner Gonzalez and Commissioner Regalado. We have passed resolution after
resolution. I can remember Don Warshaw and -- who was his operations guy, Martinez, before
he became the chief of Police -- faithfully promising that NET would get the number one priority
in technology and in all of these other things, and I -- you know, I don't know, Ms. Cooper, you
changed sides now, so I don't know which side of this coin you're on, but the fact of the matter is
-- and I think you and Ms. Cooper work well together -- NET is treated like a stepchild. The
technologies go to the corporate offices, to the board rooms first, everybody -- and the point is
this, NET is where the taxpayer interfaces with the City, and I don't know what we have to do in
terms of our capital plan, our strategic plan, or whatever we're going to do, but we've got to put
the priority on the facilities of the NET offices, as a part of this restructuring, in terms of both
facilities and technology. In Little Haiti, we've come a long way. We had no NET office. They
were using a closet in the fire station. The Police were writing their reports in the back seat of
cars, literally, to having a building that is -- has a noncompliant parking facility. I mean, you
know, if a business owner had the parking facility in Little Haiti that we have, they'd be fined,
shut down, et cetera, and we've got to stop this dual standard, and so I don't know how we can
get a commitment. I'm encouraged that you're saying that you're going to take a review of NET.
I can tell you that I've heard that four budget cycles; this is my sixth one. I've heard it four years
that we're going to do a review of NET, but a part of that needs to be the fact that NET has got to
get the technology, the resources, and the facilities that are first rate, not for the convenience of
300 September 25, 2003
the NET personnel, and not for their comfort, but because that's where the taxpayers interface
with the City, and in many ways, if we have a decent City Hall and we're hearing all kinds of
positive statements about the way City Hall looks, and that's good, but the vast majority of our
citizens don't come to City Hall; they go to the 13 NETS, and I just would like to just continue to
say, as a part of this budget process, we need to do whatever is necessary to get our NET offices
up to a standard that is acceptable and that has some continuity, whether it -- somebody that lives
in the Brickell area shouldn't have one quality of NET than somebody in the Upper East Side,
since both of those in the same district should have a totally different, so I just want to basically
agree with the conversations, and I don't think there's going to be any disagreement on that point.
Mr. Arriola: Well, as a matter of fact, if, God willing, we'll have the -- what we call the Flagami
NET at a new facility within this next year. Model City, you know we're going to move Model
City. Allapattah will be in a new facility. The West Little Havana, we are presently -- have like
three locations we've looked at that we want to move them out of, so you know, it -- it's not a
secondary thing. I mean, we are -- presently, we have three or four locations that we have
already set for NETS, and we'll look -- we'll keep on looking for new locations and better
locations and locations that make a lot more sense.
Vice Chairman Teele: Thank you.
Commissioner Regalado: OK, last question about NET, so the services at the police station,
people that go there and ask to pay a fine or get directions to how to pay a fine or this other stuff
Chairman Winton: Or file the reports, right?
Commissioner Regalado: -- a report -- so those will remain, those community service providers,
are they called, those -- five of them will remain.
Mr. Arriola: Yes, sir.
Commissioner Regalado: The other ones will be laid off. How long would it take?
Mr. Arriola: There is three other ones --
Commissioner Regalado: That roll back, yes.
Mr. Arriola: -- that roll back, that we found them work within that -- they had jobs at the police
station. We have taken the application of another five, who have gone through two phases of
qualifications, and we have put them in the front of the line, and we're working with the other
four people that we have.
Commissioner Regalado: So -- well, they're still unemployed, but that's not the point. My point
was how long would it take for the NET offices to pick up on the same service that these people
were giving until they were fired?
301 September 25, 2003
Mr. Arriola: I was told that training is 40 hours, sir.
Chairman Winton: Well, let me come at his question a little differently, and I think I understand
his question real well or clearly, and that is that -- and certainly our residents are concerned about
this. Residents can go there and file certain reports; their car got burglarized, the kinds of things
that police won't go to your home for. Heretofore, you were able to go to a NET office and file
the report --
Mr. Arriola: Um -hum.
Chairman Winton: -- but the rumors are out there that, for whatever reason, they're not going to
be able to do that; they're going to have to go to some central police station or something or
other.
Mr. Arriola: No.
Chairman Winton: Is -- so, is that accurate or are we -- are residents -- ?
Mr. Arriola: It's out there. We will be -- now, so you know, presently, not every NET office has
one of this service provider. I mean, we -- even I was under misconception that they were old
NET office; they're not. We will train and --
Chairman Winton: You mean they were not?
Mr. Arriola: No. We don't have -- in some NET offices, we don't have them, and we have one
person that goes back and forward between NET offices.
Chairman Winton: OK. Well --
Mr. Arriola: But what I'm saying is one of the persons in the NET office will be trained for that
service.
Chairman Winton: So you're going to have -- offer that service in all the NET offices now, is
that what you're saying?
Mr. Arriola: Yes.
Chairman Winton: OK, good.
Mr. Arriola: Which, by the way, we didn't have it before.
Chairman Winton: Yeah. I'm sorry, Commissioner Regalado.
Commissioner Regalado: No, I'm -- so it's 40 hours training, and the service will be given in
each NET office. I still -- I mean, numbers are an exact science. I still don't get it. Sixteen or --
302 September 25, 2003
16 or 19; five in the Police Department and there were none in some NETS. Where were these
people --
Mr. Arriola: Well --
Commissioner Regalado: -- been hiding? I don't understand that, but anyway -- so we should
have -- even the fact that you guys fire all these women, we should have those services back in
the NET offices, say, in the next two weeks tops, 40 hours training.
Mr. Arriola: Two to three weeks, sir, yes.
Commissioner Regalado: Two or three weeks, so we can announce that.
Mr. Arriola: Yes, sir.
Commissioner Regalado: OK. I'm done with NET.
Chairman Winton: Commissioner Sanchez.
Commissioner Sanchez: Mr. Chairman, I realize it's late and we've had a long day and I'm going
to be very brief. I'm optimistic about the future of Miami. You know, our bonds right now are
in very good standing. Our city is financially healthy and we're basically being flushed with new
redevelopment and a lot of new projects that'll bring a lot of revenue to this city. We're
financially building ourselves and strengthening our inner controls, such as the investment and
debt policy that we have in place now, but let me tell you that this town, many years ago, was the
laughing stock when we were basically at the verge of bankruptcy, and although I'm very
optimistic, I'm also realistic, and I realize that, you know, we're faced now with some hard times,
especially with the monstrous pension funds that we have. We have a bad economy. We have
the McGriff [sic] statement -- settlement in court that -- it's my understanding that the judge is
not accepted the agreement, so that's still pending out there, which we're talking about, if we --
for whatever happens, a significant hit on the City. We -- we're faced with a weak economy,
which means that if the market doesn't improve next year, we'll be back in the situation where
we're going to be -- have to dipping into our reserves to make up for that, so you know, we -- I'm
concerned with that thing, and I have a direct question for the director as to -- does he think that
this budget is structurally balanced.
Mr. Spring: This budget is absolutely structurally balanced.
Commissioner Sanchez: I wanted you to make that statement on the record. Now, there were
three departments that I had concern with, and those arguments you heard here. One was the
CIP (Capital Improvements Program), which is all the positions. Well, I did have ample
opportunity on several meetings to sit down with several members of the staff, including the City
Manager, and he provided us with this document on clarification of the future role of the CIP and
Public Works, and I'm very comfortable with it now, for the simple reason that, you know, we
have, for the first time, millions of dollars that we have capital improvements that we have to put
out, so I sure didn't want to come out here -- I know that I questioned all the positions. I want to
303 September 25, 2003
make sure that those positions were in place to assure that these capital improvements are done
so that the taxpayers could see that we -- at least, we kept our word on those projects. The other
issue that I had was information and technology, and that is a very tough pill for me to swallow
for the simple reason that, you know, we're spending almost $3 million for a two-year on
consulting. However, looking back at the research, we are always playing catch-up with the
technology field, and I mean, we have to keep up with technology or technology's going to keep
up with us, whether we like it or not, so looking at that, you know, I'm comfortable with it. The
one thing that I'm not comfortable with is that the Parks Department is looking at $600,000 for
improvements to the park or maintenance of the park, and that continues to be a problem,
because although we're spending millions of dollars in improving our parks, and in many ways,
adding new parks, like Margaret Pace Park, if we don't have the money -- the funds to keep up
the maintenance and the infrastructure, basically, you know, in the long run, it's going to end up
costing the City more money than what it's costing us now. The other thing that I look at -- if
you look at, there's about, if not a hundred, thousands of cities in Florida and all over the nation
that are experiencing horrible financial crisis; we're not. I mean, we're dipping into our reserves,
and we have to have a plan in place to make sure that if whatever the worse is, whether it be a
meltdown of the economy, whether it be a hurricane that hits us, whatever the worse possible
scenario that we could have, I want to be made sure that the Administration, especially, the
finances, feel that we have the money to get out of the jam that we're in, and that's -- you know, I
want to hear that from you, Mr. Director.
Mr. Spring: Again, I will state on the record that we do have sufficient reserves. As a matter of
fact --
Commissioner Sanchez: Is there a plan in action?
Mr. Spring: There is a plan in action, and we are in compliance with our financial integrity
ordinance, which requires us to have 210 percent reserves retained at all times, which I think
approximate to about $72 million minimum right now.
Commissioner Sanchez: I'm satisfied with that response. One thing is, you know, while many
cities are having to increase their taxes and raise their garbage fee, I mean, we've been able to
maintain a little lower our millage and maintain our fees at a level that's balance and stable, so
you know, I -- I'm very optimistic to look at the future of the City of Miami. The bal -- the
budget itself, you know, I had a lot of concerns; they've been addressed. I feel comfortable on
voting on the budget, and let me just say, as the City continues to grow, the level for services will
continue to grow, and our budget is going to continue to grow, but I want to make this clear
message to the Administration. This Administration needs to focus, in the next coming years, to
try to reduce the expenditures on the City, because I'll tell you what happened many years ago
when we were in financial crisis. We were spending more money than more money was coming
in, and when you start doing that, you start getting yourself in a hole and you can't get out of that
hole, so in the next couple of years, the Administration is basically, through the budget process,
is going to have to strap their belt and try to find ways to reduce our expenditures and rely on the
revenues coming in from all these projects that are being built that'll be coming on-line coming
into the City, so the financial integrity ordinance is strong. I mean, the City itself, I think, is
financially for now is in good standing, but you know, we can't predict the future, and whatever
304 September 25, 2003
happens in the future, I think that we need to be ready to address those issues in the future.
Thank you.
Chairman Winton: Commissioner Teele.
Vice Chairman Teele: Thank you, Mr. Chairman. Mr. Chairman, I'm in general agreement with
many of the comments that have been expressed by my colleagues, and I think that the central
issue tonight is really a line and level of communication between the administrator and the
Commission, I think, really needs to be enhanced, and I would request, Larry, in particular, that
as we deal with the attachments, particularly the Table of Organization attachments, that those
attachments be verified and maybe we need to get a sign -off on each one by the Manager
because they've changed so many times. The last meeting, we had "X" number of NET offices;
this time we're back there, and I think where the Manager is tonight is probably the best place he
could be right now. I'm not sure it's the right place to be, but it's certainly the best place to be
right now, but I think, you know, to try to get this document correct, we need a Table of
Organization of the NET offices and it needs to be initialed off by either you or the Manager and
those headcounts, et cetera. In that regard, I would just say that the union representatives today
and over the week have been talking to my staff, and it's very difficult to understand the
personnel counts that are going on in this City. When you look at the computer runs for the
headcount, I say, well, these runs are always late, and I looked at my office and they were right
on time, but -- I mean, the Manager's office had like 50 people more than was authorized by the
Commission as of June -- the only name that I saw on that -- I think it was Warshaw and one of
the assistant managers, Ms. Bianchino, I think, but other than those two, those people all appear
to be warm bodies, and it's -- you know, I would really think that we need to take to heart the
management flow, and its very difficult to understand what's going on in the Manager's office
and the Mayor's office with these headcounts. It's unbelievable in terms of the headcounts that
are being reflected on the official City -- what are those computer runs called? What?
Chairman Winton: Salary reports.
Vice Chairman Teele: What?
Chairman Winton: Salary reports.
Mr. Spring: Salary reports.
Vice Chairman Teele: The salary reports, which supposedly is who's been paid, and I would
hope that everybody we're paying is actually here, but those numbers are staggering in terms of
that. I think that the most important issue that we need to -- the two important issues that we
need to deal with tonight are, number one, we need to recognize, from my vantage point, that this
millage rate is the highest millage rate in term -- well, let me put it in clear language. The
reduction in this millage rate is the smallest reduction that we have had in the last four years. We
need to all recognize that. I'm prepared to live with that, Mr. Manager, but contrary to some of
the statements that were made about the financial disaster the City was in, the City was in a
financial disaster for one reason and one reason only: the millage rate was ten mills and had been
ten mills for 15 to 20 years, and when you've got a ten -mill millage rate with a constitutional
305 September 25, 2003
limit of ten mills, you have no flexibility, and so that was a function of not doing any -- making
any of the hard decisions which came about as a result of the fire fee, solid waste fee -- the solid
waste fee, believe it or not, was the biggest fight of all because -- I mean, you haven't seen a fight
until you saw the fight on the solid waste fee; just raising it $25. I would note, particularly, the
County's raising their solid waste fee this year, and so those folks in my district that live on -- a
lot of -- that live on the east side of 19th Street -- 19th Avenue have a City fire fee -- I mean, a
City solid waste fee that's stable and much lower than the County for those folks that live on the
west side of 19th Avenue, where the boundary line is, and so I think those are positive things, but
I do think that the -- that we really need to develop a policy that we want to continue to roll back
our millage rate to move it downward because the real bottom line for that, Mr. Manager, is if we
ever really want to expand the City and annex, there's only one issue that people are going to
vote on, and they not going to vote on the fire service being better and we're a triple "A" and
they're an "A" minus one, or the Police Chief is more handsome and he can ride his bicycle eight
miles. I mean, you know, those things look good, and he looks great on CNN (Cable News
Network) and all that, but people don't vote for annexation based on those kinds of things. They
vote based upon, is it going to be cheaper to go live in the City -- to be a part of the City or is it
going to be cheaper to stay where we are, and right now, even though we've asked for those
analysis -- I didn't get them -- but we really do need to keep a running record of all of the costs
that a homeowner pays by being in the City of Miami, whether it be fire fee, solid waste fee, et
cetera, et cetera, et cetera, versus the County, and so I think that is the policy reason that we want
to keep our millage rate going down. You know, I think, when we get our millage rate down to
below six mills, we'll be right where we need to be in terms of being where everybody else is,
but again, I mean, to be where we are now is nothing short of a miracle. In that regard, it seems
that we're losing a lot of our focus, a lot of the cold-blooded focus, candidly, that the Oversight
Board provided. Off -Street Parking: How much money are they contributing to the budget this
year?
Mr. Spring: It's $1.9 million.
Vice Chairman Teele: One point nine?
Mr. Spring: No, 1.9 million.
Chairman Winton: One point nine, you said?
Mr. Spring: Yes. One point nine is the number.
Vice Chairman Teele: Well, see, this is just the tip of the iceberg. I mean --
Commissioner Gonzalez: (UNINTELLIGIBLE)?
Mr. Arriola: One point nine.
Vice Chairman Teele: You know, it should be something substantially greater than two, but
there's not even been a discussion about it, and the solution is not to take them over, per se, but
306 September 25, 2003
the solution is is that we should have basically engaged them early on and not let them off the
hook on this. The -- I'll be happy to yield.
Chairman Winton: Could I -- because you make an interesting point, but you've also made
another point over and over and over again that you and I have almost have agreed on at almost
every turn and that is lack of parking. We're being a bit inconsistent when we tell Off -Street
Parking they need to come to the table and build parking in other areas around the City, and then
we glom onto their money and throw it in our general fund. It seems to me that we may need to
hold their --
Vice Chairman Teele: I don't think that's inconsistent at all. Let me tell you why. I don't know
that they're going to be building any more parking. If they came in here tonight with a plan to
build parking in the Grove and in some of these historical areas, if they came in here with a plan
to take out Commissioner Gonzalez's parking facility over there where we have the --
Chairman Winton: Goodwill.
Vice Chairman Teele: -- is it the Goodwill?
Chairman Winton: Goodwill.
Vice Chairman Teele: -- and all of that. If they came in with some parking on 7th Avenue --
Chairman Winton: Um -hum.
Vice Chairman Teele: -- where I've got a little riot going on with all of the businesses over there
Chairman Winton: Um -hum.
Vice Chairman Teele: -- and if they came in with -- I'd be the one saying, hey, you don't have to
give us anything this year.
Chairman Winton: Well, that's --
Vice Chairman Teele: I'm willing to take away. You don't need to give us the 1.9 --
Chairman Winton: That's --
Vice Chairman Teele: -- but just letting them off the hook --
Chairman Winton: But that's what -- I didn't get to finish. I was going to say, what we really
ought to do is hold their feet to the fire and make sure they're using all of that money to solve our
parking problems, and that's -- that was the final part of what I was going to say.
307 September 25, 2003
Vice Chairman Teele: Commissioner, I am 100 percent a proponent and a believer that Off -
Street Parking can better manage their $2 million than give it to the City of Miami. I am a firm
believer in that. If they were giving the services, but they've got in their bond indenture,
somehow or another they got it in there, that if it parking doesn't make money, they're not
building it, OK.
Chairman Winton: We have to question that a little bit more, by the way.
Vice Chairman Teele: Well, I agree. I don't think we've done an oversight job at all. That's the
whole point that I'm making here. We're losing some of our focus. Now, I know that there's
some talk about taking over Off -Street Parking, et cetera. I'm not in favor of that. I'm not
opposed to it, but I am in favor of the Mayor, not Manny Diaz, but the Mayor -- I was in favor of
this when Suarez was the Mayor. I am in favor of the Mayor of the City of Miami, by charter
amendment, being the Chairman of Off -Street Parking. I think you've got to have some more
accountability, and there is no more appropriate role for the Mayor of a city than to wear that hat
because he's not caught up in the legislative issues that we are, but that's just one way. There
may be a hundred other ways to get to where we want to get. My point, Mr. Manager, is that
we're losing a little bit of our focus in terms of the dollars and they're beginning to go away.
Now, Commissioner Regalado made reference to the budget estimating conference
recommendations, and again, I think we owe a debt of gratitude to Bertha Henry and the -- and
Maggie --
Mr. Spring: Menrara (phonetic).
Vice Chairman Teele: -- Menrara (phonetic), who's from Miami -Dade Community College --
Mr. Spring: That's correct.
Vice Chairman Teele: -- who serve as outside members of this, and again, there wouldn't be a
joint estimating were there not for an oversight board. This is one of the things that we rolled
over as a good thing and we're keeping this going and I know that Mr. Springs is a member, but
the first recommendation that's in this thing -- in their letter, I don't see it in the budget, and I
asked today, where is the money and how much money are we going to set aside for an
information program and where is it in the budget for the parking surcharge -- for the referendum
for the Charter issues?
Mr. Arriola: I'm happy to tell you that we're going to raise that money privately, and we'll go to
the polls so this doesn't affect our budget. Mayor Diaz has committed to raising this money
privately and putting a full campaign on that.
Vice Chairman Teele: Well, that sounds good, and I certainly would never say that somebody
shouldn't raise money privately, but I think that cuts a lot of different ways. For my money, I
would rather there be a City program to inform the voters. If Mayor Diaz and others -- and the
Chamber and others want to come in with a -- an aggressive program to get it done, fine, but I
think we have an obligation to do it, because I think it sets a really dangerous precedent that the
Mayor's expected to do that. I mean, when we did the thing that has us all happy, and that's the
308 September 25, 2003
$255 million bond issue, OK, it was a genuine effort that was carefully done through the Law
office, but it was real, and I think that's the way government should function. I also think the
way the Mayor should function is what he's proposing to do, and I'll be more than happy to
contribute $100 to the campaign. I'm not -- but I'm not trying to have it both ways, but I think
there's a responsible issue here. This city today is in the position -- the enviable position we're in
because of that 255 bond issue. Let's don't cut it -- any corners about that. That 255 bond issue
gives this Commission, this government the flexibility to take on issues that we never could right
now, and this parking surcharge, in my opinion, is far more important that the 255 because let me
tell you. If that thing doesn't pass or for some reason we don't get that, we're going to have some
miserable days and miserable nights in here, and I, for one, am telling you before the night is
over, I am going to be moving some pot of money, which you don't have to spend, but for a
information program because we need to get on with this. This is a major issue, as far as I'm
concerned. It's a major issue as far as the joint estimating conference is concerned, and we need
to have a campaign, an educational campaign, an information campaign because I'll tell you this.
The average homeowner in the City of Miami is only going to get benefit from the parking
surcharge. The people who pay the parking surcharge are the ones who are the lobbyists and the
people who will hire the lobbyists to oppose it, the people who live in Kendall, the people who
live in Broward and Palm Beach counties that come to downtown and go to events, and the vast
majority of the citizens of this City, if Miami is the poorest city in the nation, and statistically it
is, these are going to be the beneficiaries of the parking surcharge. This is a tax that is paid by
people who don't live in the City of Miami largely, but come and use our fire services, our police
services, our roads, our streets, our Solid Waste, and they just get up and leave, so I think it's
very, very important that we carry out our duties in this regard.
Chairman Winton: Excuse me. I'm sorry, but I think it's important because those people that
you just described that are coming in and using all those services, I think we can't lose sight of
the fact that those people that are coming in and losing those services are paying a lot of things.
They're paying occupational license fees. They're paying to create the value that's created in the
real estate market that is about downtown and Brickell, and without that commercial market, we
would be in sad, sad shape, and those people do have an option. They don't have to come
downtown. They could stay in Broward. They could stay in Kendall. They could stay in Coral
Gables, but they choose to come downtown, and so I just want to make sure that we don't paint
them with this picture that sounds negative because they're very important to our overall
economy, and if we lost them, it would be a much, much greater loss than the money we're
collecting from the parking surcharge.
Vice Chairman Teele: And I don't disagree at all with you on that, Johnny, and Commissioner,
but let me just continue to underscore that the vast majority of the people who actually use this
are not the people who own the buildings or own the businesses. You know, they represent one
percent. They are clearly the people who are saddled with some of the burdens and all of that,
but the parking surcharge is paid by those secretaries and those administrative assistants and
those clerks, et cetera, et cetera, et cetera, as well as the lawyers, the partners, et cetera, et cetera,
et cetera, and I think, again, these are good people and we certainly don't want to make them the
enemy, but the parking surcharge is really very important to our overall budget, and I don't know
how we can -- I mean, I was about to send an e-mail to General Clark and tell him he should look
at your resume, the way you answer that question, Larry. You sounded like a seasoned double -
309 September 25, 2003
talking politician when you said -- when Commissioner Win -- when Commissioner Regalado
asked you how can we raise the money and you said, well, we don't have to raise the money; we
could cut costs. You know and I know that we'd have to raise this money, so we have a serious
problem. Regarding -- going to the next issue. The financial advisor of the City, normally in the
budget process, the financial advisor of the City gives us some sign -off on this. I know that
Commissioner Sanchez has raised questions looking into the future, but I would hope that, in the
future, the Finance director and the financial advisor of the City -- you know, the whole reason --
what got this City in trouble is that the previous manager put the budget and the finance as one
entity. We promised ourselves that we were going to have this check and balance, and candidly -
- Scott, where are you? You should come down here front and center and at least put on the
record that you agree with everything the Budget director has said because you're supposed to be
the -- you know, the Finance director and the Budget director are supposed to be -- have a
healthy tension, and not necessarily saying we all agree on everything.
Chairman Winton: He's clearly the Finance director. He's got his pencil behind his ear.
Scott Simpson: Scott Simpson, Finance director. My concerns about the budget were
documented in the estimating committee. I still have a difference of opinion about what is
reoccurring revenue and what is not, as it relates to the parking surcharge. I mean, that's my
major concern about the budget. From a state point of view, to have a revenue considered
reoccurring, we had to have a solid three-year history. McGraff case, my understanding, if the
judge approves that settlement, the parking surcharge would go away in September of next year,
so we would have one full year, but if it doesn't, then it goes away in July of `06. You know, so
that's one concern that I have.
Vice Chairman Teele: You say if it doesn't go away, it --
Mr. Simpson: Best case scenario -- and the judge does not approve McGraff, it goes away in
July of `06.
Vice Chairman Teele: So what provisions have we made and how does our budget show that 90 -
day shortfall?
Mr. Simpson: That wouldn't be in this fiscal year. That would be two fiscal years out. Either
way, whether McGraff is accepted or not, except that we would still have 12 months of revenue
in the upcoming budget, but the question is, going forward, from a structurally -balanced budget,
is it reoccurring or not in the classification.
Vice Chairman Teele: And that's why I'm talking about -- the point I kept talking about, which is
we really need to have a tough campaign. We should get the Mayor to be the leader of this thing.
He should take the lead, but we should put the resources out there, and we really should -- and
you know, Joe, I know that you come from the private sector, but we need to get a balance
between a private sector approach and a governmental approach. We need to get the City
engaged. We need to get the unions, the staff engaged in -- especially Solid Waste people
engaged in the importance of the parking surcharge, because I could tell you this. Structurally,
what does -- structurally, it cost us at least another hundred -- another 25 to 50 percent to collect
310 September 25, 2003
the garbage -- not to collect the garbage, but for our Solid Waste Department, if we were to make
the Solid Waste Department a true enterprise. We know what the number is. What's the deficit
there? I know it's no longer a deficit because we're taking it out of enterprise, but how much do
we contribute to Solid Waste from the general fund, about 12 million?
Mr. Spring: Hold on one second, Commissioner.
Vice Chairman Teele: Well, I don't want to hold this up. Get the number --
Mr. Spring: No. I'm getting it right now.
Vice Chairman Teele: -- but it's a lot of money, and the first place we'd have to go, in my
opinion, is you go back to the services and make the services pay for what it is, and so -- you
know, a part of what we -- I know Commissioner Regalado would never vote for it, but a part of
what we've got to be able to say is, if we had to replace --
Commissioner Sanchez: The parking surcharge.
Chairman Winton: Parking surcharge.
Vice Chairman Teele: -- the parking surcharge, the logical place to go -- to start with would be
to make sure that the costs of providing the service of Solid Waste collection is self-supporting,
like the County is doing, which is good public policy, and therefore, the cost of the garbage
collection's going to go up at least double just to cover that $12 million or so. What's the
number?
Mr. Spring: The budget for Solid Waste is 22.6 million. The actual Solid Waste residential fee
brings in 20.9, so we're still --
Vice Chairman Teele: How much?
Mr. Spring: Twenty point million, so we're still a little off, about 2 million -- little under 2
million.
Vice Chairman Teele: I don't believe that. I mean, I don't believe that number. That number's
not right. That number is not anywhere near right. It's got to be the solid -- it's got to be the
commercial accounts as well as the residential accounts, because if your number's right, then
we've got excess dollars in there because residential is just one part of it. You've got the
commercial --
Mr. Spring: And I'm getting that for you.
Vice Chairman Teele: -- and then you've also got the haulers. It's about eight or nine -- it's close
to $10 million, but the point is this, is that we need to recognize that structurally, the parking
surcharge is extremely important to the City and it's more important to the homeowners and the
residents of the City to maintain. The financial -- the FA review -- by the way, Scott, do you all
311 September 25, 2003
concur on the -- ? Scott, do you and the Budget Director concur on the -- ? This is the big
number, the right -- the important number -- the rollover, the carryover dollars, department by
department, have you all met on those two numbers, and have you all agreed on the carryover,
that is, the unexpended dollars, department by department? What are we projecting, about $11
million carryover?
Mr. Spring: It's like 10.2 million.
Vice Chairman Teele: 10.2? Have you all gone down that and you all in agreement?
Mr. Simpson: I've not seen that number.
Vice Chairman Teele: What does that mean?
Mr. Simpson: I have not seen the projected rollover number.
Vice Chairman Teele: Well, has your boss seen it? Madam Director, have you seen it? Because
this whole point is is that the Budget office is supposed to be independent of the Finance and
dah, dah, dah, dah, dah, dah, dah.
Linda Haskins: Linda Haskins, chief financial officer. The 10.2 million rollover is not in the
budgeted revenues. This is the budget surplus projected for 2003. I have reviewed that current
projection and I feel confident it's a conservative projection at this point.
Vice Chairman Teele: Department by department, you all have looked at that? Because --
Ms. Haskins: I've looked at it department by department.
Vice Chairman Teele: -- truthfully, the way we should be doing the budget, if we were really
doing budget oversight, is we would be looking at department by department and looking at what
departments have big dollars in them left that they're carrying over versus those that are coming
in right on top, because obviously, the ones that have 3 or $4 million dollars left over, we gave
too much money to last year or somebody needs to explain it to us, but we let everybody off the
hook on that stuff, you know, even though Commissioner Sanchez will say, "Can you give us --
T' "Can you give $200,000? Oh, I can't do it, but then somebody will come in and roll over $2
million at the end of the year, but I think it's really important that the finance, structurally -- Mr.
Manager, that the Finance Department and the Budget Department have a review of those
numbers and have that tension, and while we're on that point --
Ms. Haskins: Commissioner, may I add something on the budget rollovers? The rollovers aren't
allowed in the --
Vice Chairman Teele: No. They're not reoccurring dollars --
Ms. Haskins: -- harness for -- yeah.
312 September 25, 2003
Vice Chairman Teele: -- but that's where --
Ms. Haskins: I mean, they -- we don't allow rollovers from one year to the next, except in very
limited circumstances; elected officials, Public Facilities, which --
Vice Chairman Teele: But the point --
Ms. Haskins: -- Parks.
Vice Chairman Teele: -- of the rollover is not so much in terms of --
Ms. Haskins: Um -hum.
Vice Chairman Teele: -- next year's -- of the starting balance because the Oversight Board has
clearly ruled that you cannot use carryover balances to reoccurring. You can do special project
kind of things, but the question is is that budgeting essentially is a historical formula in which
you should look at the last year's expenditures in formulating this year's expenditures --
Ms. Haskins: That's true.
Vice Chairman Teele: -- and that was the question, and while we're on that, are there any bond
issues being proposed to FY '04, at all?
Ms. Haskins: There's only a small bond refinance that we're currently looking at. It's about a
$4.2 million piece. What we are looking at right now is an interest rate swap to do a -- kind of a
synthetic refunding of the pension bonds that is not reflected in the budget right now. It would
not have a significant change on next year -- on these numbers, but we are looking at that for
refunding.
Vice Chairman Teele: Linda, the point I'm trying to make, and it's sort of, you know, Budget
100 for Legislative Bodies, is that unless we're going to just be potted plants here and just sort of
approve everything that comes down the line, the budget should give us a review of what we can
expect for the coming 12 months, and --
Ms. Haskins: At the time we did the budget, we were not expecting this small $4.2 million
refunding.
Vice Chairman Teele: And I would like to offer to the Manager that when we do this capital
review, I would hope that you all will look at a bonded issue. I'm talking now in terms of the
October/November budget review on the capital budget. I would hope, Mr. Manager, seriously,
even though it has not been stated in any of our budget documents, I would hope that you all
would look at a small bond -- I think that's very important. I mean, you know, some people
speak with forked tongue, and I think it's very important to encumber and to be able to make a
long-term plan, particularly around streets and sidewalks, et cetera, et cetera, et cetera, but again,
I think that's the best way to keep us moving in this direction. On that point, the Marlin Stadium,
Marlin Stadium.
313 September 25, 2003
Mr. Arriola: Did they win tonight?
Vice Chairman Teele: Huh?
Mr. Arriola: Did they win? They were winning.
Vice Chairman Teele: Did they win?
Mr. Arriola: They did. Well, that's it.
Chairman Winton: Eight to four.
Mr. Arriola: We're in the playoffs. Yes.
Vice Chairman Teele: This budget makes no reference to the Marlin Stadium; yet, we continue
to read in the newspapers, off and on, snippets of this, that, and the other. Are there any plans
for the Marlin Stadium, and if so, the budget is the normal time that this would be at least
previewed or discussed or something?
Mr. Arriola: We've had many, many talks with the Marlins. They have proposed many, many,
many things to us and the County. The biggest problem is that the Marlins are not showing us
the green of the money. They have no intention of putting one dollar into the stadium. They
would like us to -- or the County or the state -- come up with all the money. The County has
been very clear, that they will not participate in any such endeavor, and if the County doesn't
have the appetite for that, I could assure you, we don't have an appetite for that at all, so the
reason there's nothing in the budget -- the reason I have not talked about the Marlin Stadium is
really, the -- what they were asking, Commissioner, is for somebody to spend over $400 million
building them a stadium. I have -- the state have said they're not going to give them any money.
The County have said that the possibilities of them coming up with any money are remote at
best, and I don't have to tell you that we could never afford to build a $400 million stadium.
Commissioner Sanchez: That answers your question.
Vice Chairman Teele: Say again.
Commissioner Sanchez: That answers the question.
Vice Chairman Teele: Oh. I didn't really have a question in the context, are we going to do it,
but I will say this, I've read enough of the studies, particularly the studies that came out of
MSEA (Miami Sports & Exhibition Authority) that were done by -- what's the accountant's
name over there at MSEA that you all have, the outside accountant? Berkowitz.
Mr. Arriola: Berkowitz, yes.
314 September 25, 2003
Vice Chairman Teele: I've read those studies, and I've read the studies of the CRA (Community
Redevelopment Agency), and I'm telling you, as one Commissioner, there is enough excess
dollars that we should be engaged in those discussions to determine whether or not -- and again,
this is something I think -- I'd rather put it -- leave it this way. I think we should be proactive --
Mr. Arriola: We are.
Vice Chairman Teele: -- in attempting to ensure that if a stadium is built, it's built in the City of
Miami, one; number two, that it's built downtown as a part of what we're trying to do with the,
you know, downtown core, and number three, that it's largely funded through other than City
funds, and in that regard, I think -- I would very much like to see, as a part of the capital plan,
sufficient dollars made available for studies or feasibilities or whatever because you can't go to
the table with just a lot of hot air --
Mr. Arriola: No.
Vice Chairman Teele: -- at the appropriate time, but I, for one, am suggesting to you that the
only way we're going to keep this tax base going, the only way we're going to keep the
momentum going is -- if you look at these numbers now, things are beginning to, in some of the
downtown areas, level off, and we really need to keep the momentum going, I think.
Mr. Arriola: I have the whole financial package. I'd be delighted to have them come in and
explain it all to you.
Vice Chairman Teele: I don't really understand those financial packages because they're always
written from their point of view.
Mr. Arriola: Absolutely.
Vice Chairman Teele: What I understand, though, is that the City -- the Miami -Dade County and
MSEA represent some opportunities, based upon the Berkowitz study and the studies that were
done at the CRA in terms of -- from the economist from Baltimore. The number, I think, was
something like 200 or $300 million going back, Johnny. What's the number? About -- you
know, we turn back a million dollars, $2 million a year --
Chairman Winton: Or more:
Vice Chairman Teele: -- or more --
Chairman Winton: Depends on the year.
Vice Chairman Teele: -- so --
Chairman Winton: It runs --
Mr. Arriola: I know.
315 September 25, 2003
Chairman Winton: -- from one to five.
Mr. Arriola: The -- I --
Chairman Winton: Plus the operating costs. I mean, I think from -- if you bulldoze the arena,
you would probably recapture something between -- I don't remember the numbers now, but I
think it's somewhere between three and a half or four million to six million, seven million dollars
a year recapture. That doesn't include the money that you're going to have to go -- continue to
spend just servicing the debt, but when you take the operations away -- and we spend a lot of
money on operations -- and the deficit away -- we spent a lot of money on deficit -- and the
capital money away -- we spend a lot of money on capital -- and once you get back to the
County, it adds up to a lot of money.
Vice Chairman Teele: Mr. Manager, I don't -- I'm not a part of any discussions. I don't need to
be; don't want to be. Specifically, don't want to be.
Mr. Arriola: I (UNINTELLIGIBLE).
Vice Chairman Teele: What I'm saying to you is two things: One, is that I think it would be -- I
think the budget process is a time that you lay out some strategic visions of where you are for the
coming year, number one; and number two, that there seems to be some opportunities in there
that we need to take advantage of, and to the extent you need dollars to flush out some ideas, I'm
going to be very supportive of that because I think the one thing we can't do is just sort of say,
"We made it," and lose the momentum. We've got to keep trying to build this city and keep
trying to build this tax base of the City. In that regard, I am very concerned about the blue
ribbon reserves. What is the status of the fund balances of those blue ribbons, and -- ? It seems
to me -- how much money are we proposing for the technology -- Office of Technology this
year?
Mr. Spring: The operating or capital?
Vice Chairman Teele: Well, I know we're adding a bunch of headcount. We're adding a large
number of headcount.
Mr. Spring: We're adding eight new people and converting two temporaries.
Vice Chairman Teele: What's the total amount of the budget over last year's budget?
Mr. Spring: On IT (Information Technology), about $3 million.
Chairman Winton: Is that operating?
Mr. Spring: Operating.
Chairman Winton: And what's capital?
316 September 25, 2003
Mr. Spring: Capital, we're adding an additional $3.8 million.
Vice Chairman Teele: We're adding about $7 million. What I'm asking is this, and I've asked
three times and I'm going to ask again, when we submitted our plan to the Oversight Board --
Linda, we submitted under our strategic reserves plan -- they rejected about 50 percent of what
we did, so we have a fund balance in the strategic -- we have two reserves that I'd like to focus
on for a minute, Larry. The strategic reserves, what is the fund balance there, and the blue
ribbon reserve?
Mr. Spring: I'm trying to get that report for you right now, sir.
Ms. Haskins: Commissioner Teele, I'm at my computer, so the balance --
Chairman Winton: Would you identify yourself?
Ms. Haskins: -- as of 9/30, in blue ribbon initiatives, is --
Chairman Winton: Would you identify yourself, please, because --
Ms. Haskins: -- zero.
Chairman Winton: Linda --
Ms. Haskins: I'm sorry?
Chairman Winton: --name.
Ms. Haskins: Oh, Linda Haskins, chief financial officer. The blue ribbon initiatives expected as
of 9/30/03 is zero. The four million -- there was 5,280,000 originally; a million dollars was
allocated in fiscal 2001 for process engineers. In the fiscal 2003 budget, there was two and a half
million for ERP (Enterprise Resource Planning) system, a million seventy for the customer
request manager. The million seven eighty, that used the entire balance in the blue ribbon
initiatives. In strategic initiatives, which is the request that went to the Oversight Board, I
believe it was in the fall of 2000, somewhere around there, the starting balance was 15,845,000.
They approved a million -dollar allocation for a pool of funds to foreclose on derelict properties,
which was a Commissioner Winton initiative, as I recall; $6 million street improvements for
downtown Brickell Avenue, and downtown Brickell Avenue and the Design District; $2 million
for outside consultant to fast-track development projects, such as Watson Island, Bicentennial,
Marine Stadium; $2.5 million for demonstration project for Solid Waste removal. That was the
first part of the one -arm bandit. That left a balance, at the end of 2001, of 4,345,000. In fiscal
2002, there were --
Vice Chairman Teele: What's the balance now?
317 September 25, 2003
Ms. Haskins: OK, the balance now is a 1,648,000. There were several allocations during fiscals
2002 and 2003.
Commissioner Regalado: They already spent that balance. They have plans for that balance,
too, so it's gone.
Ms. Haskins: I do have the ordinance numbers, if you'd like them.
Vice Chairman Teele: How do you know?
Commissioner Regalado: Because I asked them.
Vice Chairman Teele: You asked them what?
Commissioner Regalado: I asked them about that 1.6 million, and they said that they have plans
already to spend that 1.6 million that are still in there. That's what you told me when you went to
my office, because I was thinking to taking some of that money to supplement some of the
general fund, because that's what the Oversight Board requested, that we did that. Instead of
taking from the -- one-time shot could be taken out of the reserves, but they took it from the --
first of all, they have plans to spend everything.
Vice Chairman Teele: But Commissioner, they can't do that. We did it, some kind of way.
Commissioner Regalado: Some kind of way, but they did it because they presented this. We
need this. We did -- this is an emergency. We need this, and they did it, so it's gone.
Chairman Winton: Commissioner Teele, you --
Vice Chairman Teele: Mr. Attorney, before you leave, expert consultants. I created the monster
-- thank you, Angel -- and now I hear that it's totally out of control. Mr. Attorney, you remember
that Frank Castaneda and the research that I had you do and we created the expert consultant?
Alejandro Vilarello (City Attorney): Sure.
Vice Chairman Teele: I would like for you to give us a report on the first expert consultant and
how much right through the last one, and would you work with the Manager's office and -- ?
Don't you have to sign off on those?
Mr. Vilarello: Yes, sir.
Vice Chairman Teele: That was the way we did it, a check and balance, and can I get an EEO
(Equal Employment Opportunity) profile on all of the expert consultants because I'm hearing,
you know, that -- well, I'd just like to see where we are on that. I don't intend to attach anything
to the budget until I know what the facts are. As it relates to departments, Mr. Manager, GSA
(General Services Administration) --
318 September 25, 2003
Commissioner Regalado: Commissioner, would you yield? Just a question.
Vice Chairman Teele: Yes.
Commissioner Regalado: So we don't know how many experts consultant had been hired? Mr.
Manager has authority to hire up to how much?
Mr. Vilarello: What we do know, how many expert consultants. I just can't tell you off the top
of my head. I can report to you:
Commissioner Regalado: No. I'm saying the Manager has the authority to hire up to what --
Mr. Vilarello: The authorization is up to $125,000 a year.
Commissioner Regalado: That's what -- like what you pay to Ambassador Laredo, right,
$125,000?
Mr. Arriola: No. In your budget last year, you had put, I think it was $250,000 for FTAA.
When we --
Commissioner Regalado: Oh, we were told that's for Police.
Mr. Arriola: No, no, no. This is not my budget. This is --
Chairman Winton: We put that in there.
Mr. Arriola: Car -- you know, Carlos's budget. This is a year ago. You had $250,000 for
FTAA. When it came time to -- for us to spend that money, the County put some money in the
pot; we put some money in the pot, and our part of the money was to pay for the executive
director and the County paid for a whole bunch of other things, so that -- we did not hire him as -
- out of any fund, other than the fund that we had specifically for FTAA; that you have put in, I
think it was $250,000. I'm guessing right now, but that was in your last year's budget.
Commissioner Regalado: Have you not signed any expert consultant contract?
Mr. Arriola: I'll let you know tomorrow. I mean, you know, I really -- I would have to -- I don't
want to give you an answer --
Vice Chairman Teele: But I will say this, before you answer that, I don't think it's fair to put
people's names out for discussions like this, with no disrespect to any of my colleagues. I'm
more interested in the policy and where we are, but I think we really need to be careful about
calling anybody's name on the dais --
Mr. Arriola: Yeah.
319 September 25, 2003
Vice Chairman Teele: -- because it really does raise that whole issue of -- I mean, I just would
like to know how many and what the profile of them are.
Mr. Arriola: I will let you know tomorrow.
Vice Chairman Teele: But the Commissioner has every right to get all the information --
Mr. Arriola: I understand.
Vice Chairman Teele: -- and anything he'd like.
Mr. Arriola: Absolutely.
Commissioner Regalado: I'm done.
Vice Chairman Teele: Regarding GSA, Public Works, and Capital Improvement. Mr. Manager,
we need to really -- as a part of this capital improvement Commission meeting that we're going
to have, I would very much like for you to come back, as a part of that meeting, with clear
descriptions and functions of those three offices, and let me tell you one of the areas that I think
has gotten unfairly left out of the loop here. Facilities management, and I've always assumed it
was Public Works, but that was wrong. That is wrong. It's really GSA, and the facilities issue is
just something that begs out for a solution. The Police Department, the Police station is, you
know, comparable to what they have over there right now in Iraq right now with the -- I mean,
the cameras don't work, the technology is wrong, the doors, you know, don't open. I mean, it --
the facility -- nobody's keeping up these facilities, and we really need to get a clear focus on the
facilities management versus the public works function of the engineering versus the capital
improvement and I -- the capital improvement, which is sort of the new construction side
because that stuff has really not been sorted out and we saw that again the Hadley Park, where I
think you all are doing a good job, but we discussed, you know, the camera's not working and,
you know, no -- Parks Department, Public Works, Capital Improvement, and finally somebody
says, "It was none of us. It was GSA," so you know, you're in a room with three people and
none of them are the people, and I understand the logic of it. Facilities management should be a
discipline, but I really do think we need to put some focus on that, and that needs to be a part of
our capital program, and are -- do we have a capital reserve in the nondepartmental accounts for
repair?
Mr. Spring: A capital reserve --
Vice Chairman Teele: Repair.
Mr. Spring: We've contributed 1.2 million out of the general fund this year for repair and
maintenance type --
Vice Chairman Teele: But where is that money being housed?
Mr. Spring: It's actually in a capital project in -- under CIP.
320 September 25, 2003
Vice Chairman Teele: See, that's the point. That's the point.
Mr. Arriola: And I don't disagree with you. As you know, we've had this conversation. For
some reason, when the reorganization was done, they put CIP and Public Works and GSA --
Vice Chairman Teele: In my judgment, it should be in a nondepartmental account fund --
Mr. Arriola: I don't disagree with you.
Vice Chairman Teele: -- as a capital reserve for improvements, and that way the Budget --
Mr. Arriola: I understand.
Vice Chairman Teele: -- director -- and -- you know, you could put it in Parks Department or
you could put it in GSA, or you could put it there, but I tell you what, it's going to get --
Mr. Arriola: Yeah, I think that when we have a workshop next month, you'll see a different
outlook. Obviously, you know, we've talked about it, that whole restructure there just didn't
work out too well.
Vice Chairman Teele: All right. Finally, as it relates to the actual budget itself, I am strongly
supportive of the Free Trade Agreement process. I happened to be abroad this week. Picked up
the Financial Times. All the advertisement in the Financial Times was the City of Atlanta,
saying why they should be the Free Trade headquarters capital. I am going to be requesting that
we establish a reserve account of approximately $750,000, equally for the Free Trade -- from
carryover funds into a one-time account for the Free Trade Agreement. If the funds aren't used,
they go back for the information campaign relating to the parking surcharge, and if it's not used,
it goes back, and for the bicentennial activities that are nonsocial, that are nonparty activities,
consistent with the request of the community, and those are going to be the requests that I'm
going to make. That is a $750,000 nondepartmental reserve for those three things that can only
be expended by the -- with the approval of the Commission, and if those funds are not used, then
they go immediately into the reserve for that year. By the way, what is the Mayor's carryover?
Because his money is going into a nondepartmental account, isn't it?
Mr. Spring: No. His operating budget goes into a NDA (nondepartmental account) account, as
with all the elected officials.
Vice Chairman Teele: About how much is that going to be transferred this year?
Mr. Spring: I think we're -- it's $100,000.
Vice Chairman Teele: That's all?
Mr. Spring: Yes.
321 September 25, 2003
Vice Chairman Teele: Thank you, Mr. Chairman.
Chairman Winton: Ms. Haskins -- either one of you guys can answer this question, I think. I'm
confused about one issue, and that's the question that Commissioner Teele asked about any plan
for issuing any bonds this year. Don't we have a plan to issue the other $100 million of capacity
we have for our neighborhood -- what's it called? Our CIP Homeland Defense Bond issue?
Ms. Haskins: Linda Haskins, Chief Financial Officer. I understood the question to be refunding
bonds.
Chairman Winton: Oh, OK.
Ms. Haskins: And a plan to reissue the bonds -- yes, we do plan on reissuing bonds. In fact,
we're also looking at what we can do with the transit tax, as well, but those funds wouldn't be
appropriated until we issue bonds, so we would plan -- we are looking at both of those and
actively working with our financial advisors and our underwriters and working out scenarios.
We have a plan to visit rating agencies in January. We're going to unveil the CIP plan -- the
long-term capital improvement plan with them. It's one of the things that's been a holdback.
We will be discussing it with them as soon as it comes out next month, so we're going through
the steps to keep in contact with the rating agencies, build our rating, and we would like to be in
a position, in late winter, earlier spring, to issue new issues of debt.
Chairman Winton: Great. Thank you.
Vice Chairman Teele: Why did you ask the question and get a totally different answer from me?
Chairman Winton: Because she said she thought you were asking a question about refinancing
existing bonds, which was really kind of the answer that she answered when she was talking to
you. She didn't under -- she may not -- I don't know if she understood your question or not, but
the question she answered --
Vice Chairman Teele: My question was: Do we plan to go out for any bonds --
Chairman Winton: Yeah.
Vice Chairman Teele: -- this year?
Chairman Winton: She misunderstood you, which was her point -- she made that clarification
there when I re -asked that question. She thought your questions was: Are we refinancing any
bonds this year? Not are we going out with any new issues, which is the reason I came back and
re -asked the question. Mr. City Attorney, I would like to -- what do we do during Planning and
Zoning? I would like to transfer my comments from the last meeting to the public record for this
meeting so I don't have to repeat them all again, and so, that's what I'm going to do. It's nearly
midnight and you all heard my entire thought about the budget last go round, and the public that
was listening in heard it all the last time, so I don't -- I'm out of the energy to repeat the whole
thing, so I'm done.
322 September 25, 2003
Commissioner Regalado: I have a second wind. I don't have any --
Chairman Winton: You've been napping over there.
Commissioner Regalado: Yeah, but now I have a second wind. I can stay here any time.
Chairman Winton: OK. We need a motion.
Vice Chairman Teele: You need an ordinance.
Commissioner Regalado: Just --
Commissioner Sanchez: Can we vote (INAUDIBLE) --?
Chairman Winton: Yeah.
Commissioner Regalado: Just a question. Question, Mr. Chairman. On the estimating
committee letter, they highly recommend on the unions talks some reductions, so what is the
story? What is the timeline for the new contracts with the unions and talks and all that?
Mr. Arriola: We reopen sometime in April and -- well, we start talking -- I'm sorry, sorry,
Charlie. We start our conversations in April and we'll continue on -- I think it goes up to
September 1, right? Yeah, 2004, so we will start -- not reopen, we will start talking in April and
it goes all the way to September, sir.
Commissioner Regalado: So, in September, when the next budget cycle, we will know --
Mr. Arriola: Yes, sir.
Commissioner Regalado: -- the result of the new contract? Did you read the letter?
Mr. Arriola: Yes, sir.
Commissioner Regalado: You gave us that letter.
Mr. Arriola: Yes.
Commissioner Regalado: You agree with that recommendation, Mr. Manager?
Mr. Arriola: We obviously have to look into all the phases -- to be very honest with you,
Commissioner, I have to work with the good folks here, and I really don't want to make any
comments of what we're going to do and how we're going to go about it for next year. Next
year is next year. We all know we have a very, very tough mission ahead. We all know we have
to sit down and work everything, and I just don't want to go on the record saying I'm going to do
323 September 25, 2003
this and I'm going to do that, because I don't know what we're going to do, but I could tell you
that we're going to work very hard to control the situation.
Commissioner Regalado: No. I didn't ask you what are you going to do. I ask you if you agree
with the letter from the estimating committee.
Mr. Arriola: And I just said I really don't want to go on the record saying yes or no, because it
puts me in a very difficult position. Because a yes -- Yes, I want to go ahead and work on
contracts and make sure that we take money away from the unions, and things like that, I'm not
ready to say that.
Chairman Winton: OK. What are the steps we need to take? First one is --
Commissioner Sanchez: (INAUDIBLE) millage.
Mr. Vilarello: You need to vote on the final millage rate.
Commissioner Sanchez: So move the millage.
Mr. Vilarello: OK. For the record, the millage rate that is being moved is a millage rate of
8.7650, which is a ten point -- is that -- OK -- let us know the exact rate.
Mr. Spring: The millage rate is 8.7625.
Mr. Vilarello: And the percentage that it is over the rollback rate?
Mr. Spring: Ten point three -five percent.
Mr. Vilarello: And the rollback rate is?
Mr. Spring: Seven point nine -four -zero -three.
Commissioner Sanchez: So moved.
Vice Chairman Teele: Second.
Chairman Winton: We have a motion and a second. Any further discussion?
Vice Chairman Teele: Where is Commissioner Gonzalez?
Chairman Winton: Yeah.
Commissioner Sanchez: He's on his way back.
Chairman Winton: He's on his way back? Oh, you see him?
324 September 25, 2003
Vice Chairman Teele: Read the ordinance.
Chairman Winton: Yeah. Could you read the ordinance?
Mr. Vilarello: Yes.
The ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Well, I'd like to do roll -- but I'd like to wait until he gets here for roll call.
Anybody know where he is? There he is.
Commissioner Gonzalez: Yes.
Chairman Winton: OK. You got one. Continue the roll call, please.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION DEFINING AND
DESIGNATING THE TERRITORIAL LIMITS FOR THE CITY OF MIAMI
FOR THE PURPOSE OF TAXATION; FIXING THE MILLAGE AND
LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004;
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of September 11, 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 Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12419.
Ms. Thompson: The ordinance is adopted on second reading, 5/0.
Chairman Winton: (INAUDIBLE). It worked.
325 September 25, 2003
Vice Chairman Teele: Move the budget.
Chairman Winton: Got a motion, second, on budget. Discussion. Is this an ordinance also, or
just a resolution?
Mr. Vilarello: No. This is an ordinance.
Chairman Winton: Want to read it?
Vice Chairman Teele: Would you extend the amendment that I've asked for?
Mr. Spring: With the amendment of setting aside $750,000 into a nondepartmental account for
the purposes of funding FTAA, the parking surcharge education and the Haiti Bicentennial
activities to go back if not used.
Vice Chairman Teele: Provided there's no --
Commissioner Sanchez: But --
Vice Chairman Teele: -- festivities.
Mr. Spring: No social events and no festivals.
Commissioner Sanchez: How much is going to go towards the educational campaign?
Vice Chairman Teele: Two -fifty each.
Commissioner Sanchez: Two -fifty each? What are the 250 going to do for the FTAA?
Vice Chairman Teele: We're putting the money available to the Manager and the Mayor so that
they have a pot, and they're not having to come down here and have a discussion about this. I
have no idea, but I think it's a great honor for this City to have the FTAA.
Commissioner Sanchez: I agree with you --
Vice Chairman Teele: And I think --
Commissioner Sanchez: -- and if the money's not used --
Vice Chairman Teele: -- if they want to do it --
Commissioner Sanchez: -- you stated it's coming back.
Vice Chairman Teele: -- to advertise, it's up to them, but I think we need to promote the City of
Miami much more aggressively than we're doing it around the FTAA.
326 September 25, 2003
Commissioner Sanchez: And on the other event, no -- you said no what? No --
Vice Chairman Teele: No festivals.
Commissioner Sanchez: No festivals.
Vice Chairman Teele: No festivals.
Commissioner Sanchez: So the money --
Vice Chairman Teele: Scholarly activities in the City of Miami.
Commissioner Sanchez: Give me an example as to how the money could be used.
Vice Chairman Teele: In conjunct -- I would perceive -- it was come from the Mayor's -- the
committee that has been the subject of this discussion in the media, but as I would see it, it would
be in conjunction with a university and that we would have scholarly presentations and panels,
perhaps, at the Knight Center or something in that order, like with FIU, and university scholarly
symposiums bringing dignitaries from throughout the country and Haiti to the United -- to Miami
to be a part of a bicentennial function that is not a party.
Commissioner Regalado: And also, Commissioner, and also --
Commissioner Sanchez: OK. I just -- for the point of clarification.
Commissioner Regalado: -- for the placement of banners throughout the City of Miami
celebrating Haiti's 200th anniversary of independence.
Commissioner Sanchez: And any money --
Vice Chairman Teele: And those would be the things, but not social functions, is what I'm
saying.
Commissioner Sanchez: And any money not used will come back into --
Vice Chairman Teele: And anything not used would go into the reserve. It would come back
and go to the reserve.
Chairman Winton: OK. Continue, please.
Vice Chairman Teele: And I would further stipulate that the funds for the FTAA will be
available for the Mayor's discretion. I don't think they ought to come back to this Commission.
Chairman Winton: Read -- would you finish or --? Mr. City Attorney, read the ordinance.
The ordinance was read by title into the public record by the City Attorney.
327 September 25, 2003
Chairman Winton: Roll call.
Ms. Thompson: Roll call, Commissioner Regalado?
Commissioner Regalado: In July, I said what I was going to do --
Commissioner Sanchez: No. Vote "no."
Commissioner Regalado: -- if nothing happened. Nothing happened. Unfortunately, we are not
going to get the same services, I'm sure, and we -- you have all the right to fire anybody, but I
have the right to vote "no."
Ms. Thompson: Commissioner Sanchez?
Commissioner Sanchez: Yes.
Ms. Thompson: Commissioner Gonzalez?
Commissioner Gonzalez: Yes.
Ms. Thompson: Commissioner Teele?
Vice Chairman Teele: Yes.
Ms. Thompson: Chairman Winton?
Chairman Winton: Yes.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING
APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY
REQUIREMENTS FOR MUNICIPAL OPERATIONS OF THE GENERAL
FUND FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004; CONTAINING
A REPEALER PROVISION, AND A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
328 September 25, 2003
was passed on its first reading, by title, at the meeting of September 11, 2003, was taken up for
its second and final reading, by title and adoption. On motion of Vice Chairman Teele, seconded
by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12420.
Ms. Thompson: The ordinance has been adopted on second reading, 4/1.
Vice Chairman Teele: Aww, come on, Tomas.
Commissioner Sanchez: All right. Congratulations.
Chairman Winton: Now, what items did we just do, 32A and 32B?
Commissioner Regalado: We approved the MSEA budget, but it's not here. Here is the
Downtown Development and --
Chairman Winton: Yeah. I'm just trying to --I'm trying to follow the --
Commissioner Sanchez: Let's go down and approve the other budgets, Mr. Chairman.
Chairman Winton: Madam Clerk --
Commissioner Sanchez: Let's go down the list.
Chairman Winton: -- did we just do 32A and 32B?
Ms. Thompson: That's correct.
Chairman Winton: Thank you.
329 September 25, 2003
75. SECOND READING ORDINANCE: RELATED TO TAXATION, DEFINE AND
DESIGNATE TERRITORIAL LIMITS OF DOWNTOWN DEVELOPMENT DISTRICT OF
CITY; FIX MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT
DISTRICT FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING
SEPTEMBER 30, 2004.
SECOND READING ORDINANCE: MAKE APPROPRIATIONS FROM
DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR DOWNTOWN DEVELOPMENT AUTHORITY OF CITY
FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30,
2004.
Chairman Winton: So now we're at 34.
Vice Chairman Teele: So move.
Commissioner Gonzalez: Second.
Chairman Winton: Motion, second.
Alejandro Vilarello (City Attorney): Is that the DDA (Downtown Development Authority)
millage rate?
Chairman Winton: Yes.
Mr. Vilarello: The DDA millage rate is .5. It represents a 5.11 percent increase over the
rollback rate. Have you moved -- ? Has the ordinance been moved?
Chairman Winton: Yes, been moved and seconded.
The Ordinance was read by title into the public record by the City Attorney.
Chairman Winton: Roll call, please.
Priscilla A. Thompson (City Clerk): Roll call.
330 September 25, 2003
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RELATED TO TAXATION, DEFINING AND
DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN
DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING
THE MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN
DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, AT FIVE -TENTHS
(5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF
ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING
THAT SAID MILLAGE AND THE LEVYING OF TAXES WITHIN THE
TERRITORIAL LIMITS OF THE CITY OF MIAMI AS REFLECTED IN THE
CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL
YEAR WHICH IS REQUIRED BY CITY CHARTER SECTION 27;
PROVIDING THAT THE FIXING OF THE MILLAGE AND THE LEVYING
OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL
ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE
DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE
FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED
SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of September 11, 2003, was taken up for
its second and final reading, by title and adoption. On motion of Vice Chairman Teele, seconded
by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12421.
Ms. Thompson: The ordinance has been adopted on second reading, 5/0.
Chairman Winton: Is that for the budget items? Is that it for the --
331 September 25, 2003
Mr. Vilarello: That's -- no. That's -- the next one is the DDA's budget.
Chairman Winton: Oh.
Vice Chairman Teele: So moved --
Chairman Winton: Need a motion.
Vice Chairman Teele: -- Mr. Chairman.
Chairman Winton: Second. Need a second.
Commissioner Gonzalez: Second.
Commissioner Sanchez: Second.
Commissioner Regalado: Second.
Chairman Winton: Got a motion, second.
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.
An Ordinance Entitled --
AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING
APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT
AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR
THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF Miami
("CITY"), FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003
AND ENDING SEPTEMBER 30, 2004; AUTHORIZING THE DOWNTOWN
DEVELOPMENT AUTHORITY TO INVITE AND ADVERTISE REQUIRED
BIDS; PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING THAT
THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN ADDITION TO
THE ORDINANCE MAKING APPROPRIATIONS FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, FOR
THE OPERATIONS FOR THE CITY; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
332 September 25, 2003
was passed on its first reading, by title, at the meeting of September 11, 2003, was taken up for
its second and final reading, by title and adoption. On motion of Vice Chairman Teele, seconded
by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12422.
Ms. Thompson: The ordinance has been adopted on second reading, 5/0.
Chairman Winton: And don't we have another one, 34A, the territorial limits of the DDA?
Mr. Vilarello: Pardon me?
Chairman Winton: Territorial limits, did we do that one?
Mr. Vilarello: That was included within the millage levy.
Chairman Winton: OK, and we just did the ad valorem tax levy, or did we approve the budget
just now?
Mr. Vilarello: You have left, as budgetary items, the Model City Trust budget, as well as item S-
3.
333 September 25, 2003
76. APPROVE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST
BUDGET AND PROJECT PLAN FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003
AND ENDING SEPTEMBER 30, 2004.
Vice Chairman Teele: I move the Model City Trust budget.
Commissioner Regalado: Second.
Chairman Winton: Got a motion, second. Discussion.
Mr. Vilarello: That's item 35 and it's a resolution.
Chairman Winton: Yes. Oh, it is?
Mr. Vilarello: Yes.
Chairman Winton: Resolution, OK. Any discussion on item 35? 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. 03-1061
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE MODEL CITY COMMUNITY
REVITALIZATION DISTRICT TRUST BUDGET AND PROJECT PLAN FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER
30, 2004, ATTACHED AND INCORPORATED.
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.
334 September 25, 2003
77. RESCIND RESOLUTION NO. 03-1033 IN ITS ENTIRETY AND SUBSTITUTE IN LIEU
THEREOF HEREIN RESOLUTION APPROVING VIRGINIA KEY BEACH PARK TRUST
OPERATING BUDGET REQUEST FOR FISCAL YEAR 2003-2004, $715,000 FROM
GENERAL FUND, AND $245,000 FROM CAPITAL IMPROVEMENT PROGRAM FUNDS
TOTAL OPERATING BUDGET $960,000.
Chairman Winton: And then supplemental what?
Alejandro Vilarello (City Attorney): Supplemental Item 3, which is the amendment to the
Virginia Key Trust budget that was adopted at the last Commission meeting.
Chairman Winton: Oh, that's right.
Vice Chairman Teele: So move.
Chairman Winton: Yeah.
Commissioner Sanchez: Second.
Chairman Winton: Motion, second. Is that a resolution also?
Mr. Vilarello: Yes, sir.
Chairman Winton: Thank you.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Any further -- yes, discussion.
Commissioner Sanchez: No, no.
Chairman Winton: Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
335 September 25, 2003
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-1062
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 03-1033 IN ITS ENTIRETY AND SUBSTITUTING IN
LIEU THEREOF THE HEREIN RESOLUTION APPROVING THE VIRGINIA
KEY BEACH PARK TRUST OPERATING BUDGET REQUEST FOR FISCAL
YEAR 2003-2004, IN THE AMOUNT OF $715,000 FROM THE GENERAL
FUND, AND IN THE AMOUNT OF $245,000 FROM CAPITAL
IMPROVEMENT PROGRAM FUNDS, FOR A TOTAL OPERATING
BUDGET NOT TO EXCEED $960,000.
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.
78. AUTHORIZE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF LAW FIRM OF
GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES
CONCERNING LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE
PROPERTIES, LLC, $50,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS
PROJECT.
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Sanchez: Can we bring up CA -8? It was --
Chairman Winton: Which one?
Commissioner Sanchez: -- an item that I pulled for discussion. I have been briefed on it and I
am in support of it.
Chairman Winton: CA -8?
Commissioner Sanchez: Yes, sir.
336 September 25, 2003
Chairman Winton: So you've got a motion. Need a second.
Commissioner Sanchez: So move CA -8.
Commissioner Gonzalez: Second.
Chairman Winton: Motion, second on CA -8. Any further discussion? If not, 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. 03-1063
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRM OF
GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES
CONCERNING THE LEASE AND DEVELOPMENT OF WATSON ISLAND
BY FLAGSTONE PROPERTIES, LLC, IN AN AMOUNT NOT TO EXCEED
$50,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT
ACCOUNT CODE NO. 344102.239501.6.250, FOR SAID SERVICES.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
337 September 25, 2003
79. DEFER DISCUSSION CONCERNING COMMUNITY MINORITY MULTI-ETHNIC
NEWSPAPERS PROGRAM.
Chairman Winton: Madam Clerk, do we have other agenda items? We kind of jumped around,
so I'm --
Vice Chairman Teele: You got all of the (UNINTELLIGIBLE).
Priscilla A. Thompson (City Clerk): Accord -- we have District 3A, District 4A.
Chairman Winton: Have what?
Ms. Thompson: District -- on your blue pages, District 3A and District 4A. We've completed S-
3 --
Commissioner Regalado: No, I deferred that.
Chairman Winton: OK.
Commissioner Regalado: 4A --
Ms. Thompson: Yes.
Commissioner Regalado: -- I deferred that.
Chairman Winton: OK.
Commissioner Sanchez: I'm going to be withdrawing mine.
Chairman Winton: OK, great, so then I guess we have pocket items then, if we have any.
338 September 25, 2003
80. AUTHORIZE $40,000 DISBURSEMENT FROM COCONUT GROVE SPECIAL EVENTS
AND MARKETING COMMITTEE FUND FOR MARKETING PURPOSES TO CLASSICAL
BEETHOVEN BIRTHDAY BASH TO BE HELD ON DECEMBER 14, 2003.
Commissioner Regalado: Mr. Chairman.
Chairman Winton: Yes, sir.
Commissioner Regalado: I have the Coconut Grove Marketing, a lot of stuff.
Chairman Winton: OK.
Commissioner Regalado: Money. Can I do it?
Chairman Winton: Yes, you may.
Commissioner Regalado: Resolution of the City of Miami Commission authorizing a
disbursement in the amount of $40,000 from the Coconut Grove Special Events Marketing
Committee fund for marketing purposes to the classical 1360s Beethoven Birthday Bash, to be
held on December 14, 2003. Move it.
Commissioner Gonzalez: Second.
Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 03-1064
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DISBURSEMENT OF FUNDS, IN THE AMOUNT OF $40,000, FROM THE
COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE
FUND TO ASSIST IN MARKETING THE BEETHOVEN BIRTHDAY BASH,
TO BE HELD ON DECEMBER 14, 2003, IN COCONUT GROVE, MIAMI,
FLORIDA.
339 September 25, 2003
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
81. AUTHORIZE $1,750 DISBURSEMENT FROM COCONUT GROVE SPECIAL EVENTS
AND MARKETING COMMITTEE FUND FOR MARKETING PURPOSES OF ART BASEL
WHICH IS TO BE HELD ON NOVEMBER 1-9,2003.
Commissioner Regalado: Resolution of the City of Miami Commission authorizing a
disbursement in the amount of $1,750 from the Coconut Grove Special Events and Marketing
Committee fund for marketing purposes to the Art Basel, which is to be held on November 9 --
on November 1 to 9, 2003.
Chairman Winton: So move?
Commissioner Regalado: Yes, sir.
Chairman Winton: Need a second.
Commissioner Gonzalez: Second.
Commissioner Sanchez: Second.
Chairman Winton: Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
340 September 25, 2003
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 03-1065
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DISBURSEMENT OF FUNDS, IN THE AMOUNT OF $1,750, FROM THE
COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE
FUND TO ASSIST IN MARKETING ART BASEL, AN INTERNATIONAL
CULTURAL ART EVENT, TO BE HELD NOVEMBER 1-9, 2003, IN
COCONUT GROVE, MIAMI, FLORIDA.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
82. AUTHORIZE $34,500 DISBURSEMENT FROM COCONUT GROVE SPECIAL EVENTS
AND MARKETING COMMITTEE FUND FOR PAYMENT OF THREE SETS OF BANNER
POLES, $11,500 PER SET, LOCATED IN HEART OF COCONUT GROVE.
Commissioner Regalado: Resolution of the City of Miami Commission authorizing a
disbursement in the amount of $34,500 from the Coconut Grove Special Events and Marketing
Committee fund for payment of three sets of banner polls, 1,500 per set, located in the heart of
Coconut Grove. That's my motion.
Vice Chairman Teele: Second.
Commissioner Gonzalez: Second.
Chairman Winton: Second. Discussion. All in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
341 September 25, 2003
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 03-1066
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DISBURSEMENT OF FUNDS, IN THE AMOUNT OF $34,500, FROM THE
COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE
FUND FOR PAYMENT OF THREE SETS OF BANNER POLES, TO BE
LOCATED IN THE HEART OF COCONUT GROVE, MIAMI, FLORIDA.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
83. INCREASE RENTAL FEE OF BANNERS IN COCONUT GROVE FROM ITS
CURRENT COST OF $80 PER MONTH TO $2,000 PER MONTH.
Commissioner Regalado: A motion that the City of Miami Commission raises the banner fee
from its current cost of $80 per month rental to $2,000 per month rental.
Vice Chairman Teele: Wait, wait.
Commissioner Sanchez: What?
Vice Chairman Teele: Say that again.
Commissioner Gonzalez: Huh?
Vice Chairman Teele: Say it again.
Commissioner Regalado: No. These are only three banners, one of those that goes --
Chairman Winton: Across the street.
Commissioner Regalado: -- across the street that the City used to charge $80. Now, the Coconut
Grove Marketing Committee is using their fund to buy new pole so make it bigger, but the
342 September 25, 2003
committee decided, since the committee will be taking that money, to increase the rental to
$2,000. That's part of their recommendation of the study --
Chairman Winton: OK.
Commissioner Regalado: -- that was done.
Chairman Winton: And that's your motion?
Commissioner Gonzalez: Second.
Commissioner Regalado: It's only three --
Chairman Winton: Second.
Commissioner Regalado: -- and it's only in Coconut Grove. It doesn't have to --
Chairman Winton: Yeah.
Commissioner Regalado: -- to do citywide anything or --
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 Commissioner Regalado, who moved for its adoption:
RESOLUTION NO. 03-1067
A MOTION TO INCREASE THE RENTAL FEE OF BANNERS IN COCONUT
GROVE FROM ITS CURRENT COST OF $80 PER MONTH TO $2,000 PER
MONTH.
343 September 25, 2003
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
84. AUTHORIZE INCREASE IN CONTRACT WITH MEF CONSTRUCTION, $600,000,
FROM $189,000 TO $789,000 FOR ADDITIONAL WORK ON PROJECT ENTITLED:
"CITYWIDE SIDEWALK REPLACEMENT, PHASE 24-B 4664" FUNDS ALLOCATED
UNDER CAPITAL IMPROVEMENT PROJECT ORDINANCE.
Commissioner Regalado: And, Mr. Chairman, I have something here, but this is about the City.
I don't know if -- Commissioner Sanchez was going to do it. It's --
Commissioner Sanchez: Well, that pocket item that was given to me by Public Works --
Commissioner Regalado: Right.
Commissioner Sanchez: -- you know, it's got a fiscal --
Chairman Winton: Big fiscal impact.
Commissioner Sanchez: -- yeah, so basically, what I would ask is that Public Works present --
figure out a way how to put it in the next Commission meeting. I understand that he needs to put
it in --
Commissioner Regalado: He needs that because the -- if we don't -- let me say this. If we don't
do it, then the company will have to leave the City, and then we have to go and bid --
Commissioner Sanchez: Well, if --
Commissioner Regalado: Go out to the bid.
Chairman Winton: OK.
Commissioner Sanchez: But if this is an emergency, he needs to clarify it. He didn't state there
was an emergency basis for this.
344 September 25, 2003
Chairman Winton: And on top of that, they ought to get better at anticipating this. I mean, they
knew before this damn meeting that the company was going to be finished with their work, and I
mean, this is baloney --
Commissioner Sanchez: Mr. Chairman.
Chairman Winton: -- that we have pocket items that cost $600,000.
Commissioner Sanchez: Well, if it's an emergency and they could justify it's an emergency, I'll
be more than glad to move the --
Chairman Winton: And I would agree with that.
Commissioner Sanchez: OK. Let me have it and I'll do it or you could do it. Go ahead and do
it.
Commissioner Regalado: It is an emergency. It really is an emergency. It's recommended that
the City Commission adopt the attached resolution authorizing an increase in the contract with
MEF Construction, in the amount not to exceed $600,000, from $199,000 to $789,000 for
additional work on the project entitled "citywide sidewalk replacement, phase 24-B 4664; funds
are allocated under project number 311713 in the amount of 200,000, project number 341183 in
the amount of 100,000, project number 351291 in the amount of 200,000, and project number
311714 in the amount of 100,000, from the capital improvement project ordinance, as amended,
and what this does is it brings -- it's citywide for the five district. The contract -- this is curbs
and sidewalks. That's --
Commissioner Sanchez: Make a motion.
Commissioner Gonzalez: Make a motion.
Commissioner Regalado: That's my motion. Move it.
Commissioner Gonzalez: Second.
Chairman Winton: We have a motion and a second. Discussion. I'm going to repeat it one more
time. I said the last time, I'm not supporting these. I'm not going to support them. In fact, I'm
going to raise wholly hell next time -- this is not the -- there's no reason for this kind of stuff, and
from a public policy standpoint, I think it's bad public policy. I think the media deserves to get
all over us about this kind of thing. This is a planning issue, and the public isn't noticed; there's
no time to question, and we're going to spend half a million dollars and no notice to the public. I
think it's awful.
Commissioner Sanchez: Well, you can vote against it (UNINTELLIGIBLE).
Chairman Winton: Well, I'm going to vote against it.
345 September 25, 2003
Vice Chairman Teele: If you vote against it, you kill it, just so you know. Pocket item requires
unanimous approval. You can leave --
Alejandro Vilarello (City Attorney): To consider.
Commissioner Sanchez: Just ask -- next Commission meeting, could it be put on the next
Commission meeting? Would it be -- ?
Chairman Winton: And the contract will go away.
Commissioner Gonzalez: We've got to make sure that --
Commissioner Sanchez: Does it jeopardize the contract? I mean, I'm all for a sidewalk and
curbs replacements.
Chairman Winton: All of us are.
Albert Dominguez: Albert Dominguez, Public Works Department. No, the contractor's not
going to walk off the job. What we were asked to do is to go and identify different areas where
the contractor's working and identify whether some of these locations are indeed hazardous, and
we did identify a lot of areas where broken curbs --
Commissioner Gonzalez: There has --
Mr. Dominguez: -- and broken sidewalks are --
Commissioner Gonzalez: I reported about five of them.
Mr. Dominguez: -- hazardous to the safety, so --
Commissioner Sanchez: If you vote against it, you kill it.
Chairman Winton: But they've been hazardous for --
Commissioner Gonzalez: That's the problem.
Chairman Winton: -- ever, and --
Commissioner Gonzalez: Forever.
Chairman Winton: -- we're just giving them money to do it, they're going to be hazardous two
more weeks. I mean -- you know, and we violate our own -- and you guys have all -- you guys
taught me this when I first got here, that --
Vice Chairman Teele: If it's an emergency, the Manager can just go ahead and do it --
346 September 25, 2003
Chairman Winton: Right.
Commissioner Sanchez: And ratify it.
Vice Chairman Teele: -- and bring it to us for ratification.
Chairman Winton: Yeah, that -- so --
Vice Chairman Teele: If it's an emergency.
Mr. Vilarello: As you recall, we are trying to curb that kind of action because, in fact, it puts the
City Commission in a position where it has no choice but to ratify it, so we're attempting to --
Vice Chairman Teele: We're still trying to curb these things.
Commissioner Sanchez: Johnny.
Chairman Winton: Yeah.
Mr. Vilarello: Right.
Chairman Winton: So call the question. All in favor -- I'm going to vote against it, by the way.
Commissioner Sanchez: All right, so it dies. No, I mean --
Mr. Vilarello: No.
Commissioner Sanchez: Don't even do it.
Mr. Vilarello: I'm sorry. Procedurally, in order for the item to be considered, it requires
unanimous consent --
Commissioner Sanchez: Right. He's going to vote no.
Mr. Vilarello: -- at the Commission, so if you don't allow it to be considered, it cannot go
forward. However, if you've allowed it to be considered, it doesn't require a unanimous consent
of the City Commission.
Vice Chairman Teele: So he can vote against it?
Chairman Winton: OK.
Vice Chairman Teele: Call the question.
Chairman Winton: Thank you. All in favor, "aye." No.
347 September 25, 2003
The following resolution was introduced by Commissioner Regalado, who moved for its
adoption:
RESOLUTION NO. 03-1068
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN
INCREASE IN THE CONTRACT WITH M.E.F. CONSTRUCTION, INC.,
APPROVED PURSUANT TO RESOLUTION NO. 03-248, ADOPTED
MARCH 27, 2003, IN AN AMOUNT NOT TO EXCEED $600,000, FROM
$189,050 TO $789,050, FOR ADDITIONAL WORK ON THE PROJECT
ENTITLED "CITYWIDE SIDEWALK REPLACEMENT PROJECT PHASE 24,
B-4664;" ALLOCATING FUNDS FROM THE FOLLOWING CAPITAL
IMPROVEMENTS PROGRAM PROJECTS: NO. 311713 IN THE AMOUNT
OF $200,000, NO. 311714 IN THE AMOUNT OF $100,000; NO. 341183 IN
THE AMOUNT OF $100,000, AND NO. 351291 IN THE AMOUNT OF
$200,000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID INCREASE.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: Chairman Johnny L. Winton
ABSENT: None.
Vice Chairman Teele: No.
Chairman Winton: And stronger "no" next time.
Commissioner Regalado: OK.
Commissioner Sanchez: No.
348 September 25, 2003
85. AMEND CHAPTER 16 OF CITY CODE AS AMENDED, ENTITLED "ELECTIONS," BY
ADDING NEW SECTION 16-7 TO PROVIDE FOR ELIMINATION OF ELECTION FOR
MAYOR OR CITY COMMISSIONER FOR SPECIFIC DISTRICT SEAT WHEN, AT CLOSE
OF QUALIFYING PERIOD, ONLY ONE CANDIDATE FOR AN OFFICE IS LISTED ON
GENERAL MUNICIPAL ELECTION BALLOT.
Commissioner Regalado: Now we need to do this because this is about --
Chairman Winton: This is the election thing?
Commissioner Regalado: Yes.
Chairman Winton: OK. Mr. City Attorney --
Commissioner Regalado: It's about --
Chairman Winton: -- would you do this, please?
Commissioner Regalado: -- an unusual circumstance.
Chairman Winton: Yeah.
Vice Chairman Teele: And I object to this. Can this stop that?
Alejandro Vilarello (City Attorney): Yes.
Commissioner Regalado: Then we have to go to election and run --
Chairman Winton: Mr. City Attorney, would you please.
Mr. Vilarello: The item that I requested you consider addresses the situation when a candidate
for office does not get any opposition. Our City Code is silent with regard to that situation. This
ordinance would essentially five -- the -- you would -- anybody who is seeking office, who does
not have an opponent would be deemed elected five days after the primary election -- would be
sworn in five days after the primary election, and in this case, we have two candidates which fit
that --
Commissioner Sanchez: So moved.
Mr. Vilarello: -- criteria.
Vice Chairman Teele: Hold it.
Chairman Winton: Yeah.
349 September 25, 2003
Vice Chairman Teele: I have a problem with that, Alex, and let me tell you why. The City of
Miami is the only place I know in America where there is no clear date of taking office, and we
went through this, you remember, with the Bert Hernandez, Carollo, and all of that foolishness,
then we went through it again.
Commissioner Regalado: And the electricity in the City Hall.
Vice Chairman Teele: You know, this is --
Commissioner Regalado: They cut the electricity.
Commissioner Gonzalez: They cut the electricity.
Vice Chairman Teele: -- insane. This -- no, no, no. Listen to me Alex. There should be a date
and time where everybody takes office. On January 20, at 12 noon, on the 4th year, on every 4th
year, the President of the United States takes office.
Commissioner Regalado: Yeah, that's true, which is --
Vice Chairman Teele: -- and this should not be based on did you get elected or -- and you know
why? It has created more legal interpretations. The first day I got here, Bert Hernandez
demanded to be sworn in, and I didn't even know what it was about, but if he had been sworn in,
apparently, Carollo would have been totally out of office or something, you remember? Because
they went from --
Commissioner Gonzalez: I know you --
Vice Chairman Teele: -- five --
Commissioner Gonzalez: -- turned off the lights.
Vice Chairman Teele: -- Commissioners, including the Mayor, to five Commissioners, plus a
Mayor, and then we said to the Attorney at that time, get it resolved. There should be -- a person
should not be able to take office based upon a primary or a runoff. The person should take office
at the time of the runoff, on the day after, two days after, three days after. You don't make the
date that a person takes office dependent upon all of the circumstances of an election. There
should be a date and time certain.
Commissioner Sanchez: Doesn't this ordinance create that date --
Vice Chairman Teele: No.
Commissioner Sanchez: -- the fifth day?
Vice Chairman Teele: It talks about the primary.
350 September 25, 2003
Mr. Vilarello: It addresses five days after the primary, if a candidate does not draw any --
Commissioner Sanchez: Opposition.
Mr. Vilarello: --opponents.
Commissioner Regalado: No, but this one only talks about candidates --
Commissioner Sanchez: If he doesn't --
Commissioner Regalado: -- with no opposition.
Commissioner Sanchez: -- get any opposition.
Vice Chairman Teele: Yeah, but what I'm saying is that there should be a firm date when people
take office in this City, whether you have an opponent or not an opponent, you runoff or not --
you don't have a swearing in date that's dependent on a runoff or not.
Mr. Vilarello: Commissioner, we addressed that issue at the Charter Review Committee that was
passed in 2001. Unfortunately, I can't get to it right now. It's 12 o'clock and I'm tired.
Vice Chairman Teele: I won't object to this, but I would ask that we go back and revisit this,
Alex, with a specific point and time where the person takes --
Chairman Winton: What (UNINTELLIGIBLE) Charter Review Committee
(UNINTELLIGIBLE)?
Vice Chairman Teele: -- where the -- whether it's done through the Charter or an ordinance, but
there should be a date and a time and a place that every person that is elected to office takes
office, and it shouldn't be based upon this Mayor wanting to take office on this date and this
Commissioner wanting to do it on that date. It needs to have some degree of certainty.
Chairman Winton: OK, so --
Vice Chairman Teele: Read the ordinance and we'll vote on it.
Commissioner Regalado: Move it.
Commissioner Sanchez: I'll second it, but you've got some concerns, but how do you determine
exactly when the elections are different dates? Five days from that date, (UNINTELLIGIBLE)
selected then.
Commissioner Gonzalez: And the swearing in cannot be the --
Mr. Vilarello: Mr. Chairman.
351 September 25, 2003
Commissioner Gonzalez: -- same day for all the Commissioners because --
Commissioner Sanchez: And the swearing in can't be the same day for all the Commissioners.
Maybe he wants to have it --
Vice Chairman Teele: It should be the same day for all Commissioners. It shouldn't be --
Commissioner Gonzalez: Well.
Vice Chairman Teele: -- something that everybody gets to walk around in. That's what goes on
here now. I mean, you know, we've come a long way from midnight trusts --
Chairman Winton: Turn the lights out.
Commissioner Sanchez: (INAUDIBLE).
Chairman Winton: Yeah. OK, read the ordinance.
Commissioner Sanchez: All right, we have a motion and a second on (UNINTELLIGIBLE).
Chairman Winton: We have a motion and a second.
Mr. Vilarello: This is --
Chairman Winton: Under discussion.
Vice Chairman Teele: (UNINTELLIGIBLE) too close to the equator, that's the problem.
Chairman Winton: Read the ordinance.
Commissioner Sanchez: (INAUDIBLE).
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. Commissioner Gonzalez?
Commissioner Gonzalez: Yes, ma'am.
Ms. Thompson: Commissioner Teele?
Vice Chairman Teele: Is this an emergency?
Ms. Thompson: Yes, it is.
352 September 25, 2003
Vice Chairman Teele: No.
Ms. Thompson: Commissioner Sanchez?
Commissioner Sanchez: Yes.
Ms. Thompson: Commissioner Regalado?
Commissioner Regalado: Yes.
Ms. Thompson: Chairman Winton?
Chairman Winton: Yes.
Vice Chairman Teele: Second roll call.
Ms. Thompson: Second --
Chairman Winton: Second roll call.
Ms. Thompson: Commissioner Gonzalez?
Commissioner Gonzalez: Yes, ma'am.
Ms. Thompson: Commissioner Teele?
Vice Chairman Teele: I vote yes on this one.
Ms. Thompson: Commissioner Sanchez?
Commissioner Sanchez: Yes.
Ms. Thompson: Commissioner Regalado?
Commissioner Regalado: Yes.
Ms. Thompson: Chairman Winton?
Chairman Winton: Yes.
Ms. Thompson: The ordinance has been adopted as an emergency measure on the second vote,
5/0.
353 September 25, 2003
An Ordinance Entitled --
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ELECTIONS," TO PROVIDE FOR
THE ELIMINATION OF AN ELECTION FOR MAYOR OR A CITY
COMMISSIONER FOR A SPECIFIC DISTRICT SEAT WHEN, AT THE
CLOSE OF THE QUALIFYING PERIOD, ONLY ONE CANDIDATE FOR AN
OFFICE IS LISTED ON A GENERAL MUNICIPAL ELECTION BALLOT;
MORE PARTICULARLY BY ADDING NEW SECTION 16-7 TO SAID
CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN IlVMEDIATE EFFECTIVE DATE.
was introduced by Commissioner Regalado and seconded by Commissioner Sanchez, 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
Commissioner Tomas Regalado
Commissioner Angel Gonzalez
Commissioner Joe Sanchez
NAYS: Vice Chairman Arthur E. Teele, Jr.
ABSENT: None
Whereupon the Commission on motion of Commissioner Regalado and seconded by
Commissioner Sanchez, 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. 12423.
354 September 25, 2003
86. RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING OF NOVEMBER,
ORIGINALLY SCHEDULED FOR NOVEMBER 27, 2003, TO TAKE PLACE ON
NOVEMBER 25, 2003.
Chairman Winton: Anything else? We got any --
Alejandro Vilarello (City Attorney): Mr. Chairman.
Chairman Winton: Yes, sir.
Mr. Vilarello: I just want to bring one item to your attention.
Chairman Winton: I'm sorry.
Mr. Vilarello: The November and Decem -- the November meeting falls on November 27.
Typically, you --
Chairman Winton: Need my book.
Mr. Vilarello: -- consider changing that. It's necessary for you to do it as soon as possible
because we have -- that would be a Planning and Zoning meeting, and the advertising
requirements are well in advance.
Vice Chairman Teele: What day is Thanksgiving?
Commissioner Regalado: Do not --
Priscilla A. Thompson (City Clerk): The 27th.
Commissioner Regalado: -- do one meeting in November because then we're going to do one
meeting in December and it gets --
Vice Chairman Teele: Why don't we try to do it on that Tuesday --
Commissioner Regalado: Tuesday.
Vice Chairman Teele: -- before --
Mr. Vilarello: Thanksgiving is on the 27th, yes --
Vice Chairman Teele: Huh?
Commissioner Sanchez: Thanksgiving is on the 27th.
Mr. Vilarello: -- and your second meeting in November would fall on the 27th.
355 September 25, 2003
Commissioner Regalado: Do it -- Johnny, do it --
Chairman Winton: Well, the Tuesday before.
Commissioner Regalado: -- the week before.
Chairman Winton: Yeah, the Tuesday before is what you're saying, right?
Vice Chairman Teele: The Tuesday --
Commissioner Regalado: Do it the first week and the week before the Thanksgiving.
Chairman Winton: Yeah.
Vice Chairman Teele: What's the Tuesday before Thanksgiving?
Mr. Vilarello: The 20th. The Tuesday?
Joe Arriola (City Manager): No, the 25th.
Chairman Winton: FTAA (Free Trade Area of the Americas) is when?
Mr. Vilarello: The Tuesday -- oh, I'm --
Mr. Arriola: The 25th.
Mr. Vilarello: The 25th.
Commissioner Regalado: Yeah, we're far from downtown, so don't worry. They will be doing
their thing there.
Chairman Winton: Yeah, but we're going to blindfold --
Mr. Arriola: Twenty-fifth.
Chairman Winton: -- you know, we're likely to be for -- in any number of ways, very busy, in
any number of ways.
Mr. Arriola: Twenty-fifth. Make it the 25th.
Chairman Winton: What day's the -- ?
Mr. Arriola: That's the Tuesday, 25th, sir.
Chairman Winton: What day is the 25th? I mean, what day is that?
356 September 25, 2003
Mr. Arriola: That Tuesday, the 25th.
Mr. Vilarello: Before Thanksgiving. It's the week of Thanksgiving.
Chairman Winton: OK.
Mr. Vilarello: The Tuesday, the week of Thanksgiving.
Chairman Winton: And FTAA is over by then, isn't it?
Mr. Arriola: Yes, sir.
Chairman Winton: Oh, I thought that's the Tuesday we were talking about. I just got confused,
so Tuesday the 25th, which is two days before the 27th, and I think that's --
Commissioner Regalado: Yeah.
Chairman Winton: -- what's wrong with that day? OK. Done. Tuesday the --
Vice Chairman Teele: So moved, Mr. Chairman --
Commissioner Gonzalez: Second.
Vice Chairman Teele: -- the meeting schedule be --
Chairman Winton: November --
Vice Chairman Teele: -- set for November, Tuesday --
Chairman Winton: Twenty-fifth.
Vice Chairman Teele: -- November 25.
Chairman Winton: Got a motion --
Commissioner Sanchez: Second.
Chairman Winton: -- second. Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
357 September 25, 2003
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-1069
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING
THE SECOND REGULAR CITY COMMISSION MEETING OF NOVEMBER,
ORIGINALLY SCHEDULED FOR NOVEMBER 27, 2003, TO TAKE PLACE
ON NOVEMBER 25, 2003.
Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the
following vote:
AYES: Chairman Johnny L. Winton
Vice Chairman Arthur E. Teele, Jr.
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Vice Chairman Teele: That's a Zoning day, right?
Mr. Vilarello: Yes.
87. RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING OF DECEMBER,
ORIGINALLY SCHEDULED FOR DECEMBER 25, 2003, TO TAKE PLACE ON
DECEMBER 18, 2003.
Alejandro Vilarello (City Attorney): And at the same time, the December meeting, the second
meeting in December is December 25.
Vice Chairman Teele: Why would we schedule -- ? Who would schedule -- ? Why would we
do that?
Mr. Vilarello: It's the second and fourth Thursday of each month. It just --
Commissioner Sanchez: Randomly falls --
Mr. Vilarello: -- happens to fall on Thanksgiving and Christmas this year.
Commissioner Sanchez: Just take it a week --
Commissioner Gonzalez: Let's spend Christmas here.
358 September 25, 2003
Commissioner Sanchez: Yeah.
Joe Arriola (City Manager): No, no.
Commissioner Sanchez: Just move it to the --
Chairman Winton: I love you guys, but not that much.
Commissioner Sanchez: How about moving it to the Thursday before?
Chairman Winton: Yeah.
Commissioner Sanchez: Let's bump it up a week or move it -- you know, move it back a week.
Vice Chairman Teele: We can't go back because, you know, then Christmas and then New
Year's and all that.
Mr. Arriola: And it's New Year's.
Vice Chairman Teele: Just move it up one week.
Commissioner Sanchez: (UNINTELLIGIBLE) instead of the 25th --
Mr. Vilarello: That would be -- the Thursday before that is the 18th of December.
Chairman Winton: Yeah.
Commissioner Sanchez: All right, so move on the 18th.
Vice Chairman Teele: Second.
Commissioner Gonzalez: Second.
Chairman Winton: Yeah, I like that, the 18th.
Vice Chairman Teele: December 18.
Chairman Winton: Motion, second. Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. Motion carries.
359 September 25, 2003
The following resolution was introduced by Commissioner Sanchez, who moved for its
adoption:
RESOLUTION NO. 03-1070
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING
THE SECOND REGULAR CITY COMMISSION MEETING OF DECEMBER,
ORIGINALLY SCHEDULED FOR DECEMBER 25, 2003, TO TAKE PLACE
ON DECEMBER 18, 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 Angel Gonzalez
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None.
Commissioner Sanchez: (INAUDIBLE) agree on that.
88. DECLARE EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS CONTAINED
IN SECTIONS 36-4(A) AND 36-5(A) OF CITY CODE AS RELATED TO LEVEL AND
HOURS OF NOISE RESULTING FROM "MOTOROCK AFTER PARTY," GRAND PRIX
AMERICAS RACE -RELATED EVENT TO BE HELD ON BISCAYNE BOULEVARD
BETWEEN NORTHEAST FOURTH AND NORTHEAST FIFTH STREET, ON SEPTEMBER
26, 2003.
Joe Arriola (City Manager): Wait. I have one pocket item, please, very short, very important.
It's on the Grand Prix, waiver of the noise ordinance.
Chairman Winton: Huh?
Vice Chairman Teele: So moved.
Chairman Winton: What did you say?
Commissioner Sanchez: Second.
Commissioner Gonzalez: Second.
Chairman Winton: Wait, wait, wait, wait. I didn't --
360 September 25, 2003
Vice Chairman Teele: Waiver of noise.
Mr. Arriola: For one day, for one parties.
Chairman Winton: OK. What are we doing? We got a motion and a second on something?
Vice Chairman Teele: Yeah.
Chairman Winton: Hope I'm not getting myself into something.
Commissioner Gonzalez: A waiver of the noise ordinance for one day.
Chairman Winton: OK. 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 Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-1071
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN
EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS
CONTAINED IN SECTIONS 364(a) AND 36-5(a) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL
AND HOURS OF NOISE RESULTING FROM THE "MOTOROCK AFTER
PARTY," A GRAND PRIX AMERICAS RACE -RELATED EVENT TO BE
HELD ON BISCAYNE BOULEVARD BETWEEN NORTHEAST FOURTH
AND NORTHEAST FIFTH STREETS, MIAMI, FLORIDA ON SEPTEMBER
26, 2003, STARTING AT 11 P.M. AND ENDING ON SATURDAY,
SEPTEMBER 27, 2003, AT 5 A.M.
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.
361 September 25, 2003
89. PROVIDE GRANT TO ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST
CHURCH, $2,500, FOR RENTAL OF RECREATIONAL AMUSEMENT EQUIPMENT FOR
ITS SECOND ANNUAL "FAITH, FEAST -N -FUN FESTIVAL" SCHEDULED TO TAKE
PLACE IN OVERTOWN AT GIBSON PARK ON SUNDAY, OCTOBER 5, 2003.
Vice Chairman Teele: Mr. Chairman, a resolution providing a grant to the St. John's [sic] -- to
St. John's [sic] Institutional Church, in the amount of $2,500, subject to the availability of funds,
for the rental of recreational amusement equipment for its second annual Faith, Feast and
Festival [sic], taking place in Overtown, Gibson Park, on Sunday, October 5, from 11 to 1:30,
with funds to come from the unused portion of District 5 office budget.
Commissioner Sanchez: Second.
Chairman Winton: Second. Discussion. Being none, all in favor, "aye."
The Commission (Collectively): Aye.
Chairman Winton: Like sign, opposed. The motion carries.
The following resolution was introduced by Vice Chairman Teele, who moved for its adoption:
RESOLUTION NO. 03-1072
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A
GRANT, IN THE AMOUNT OF $2,500, TO ST. JOHN INSTITUTIONAL
MISSIONARY BAPTIST CHURCH FOR THE RENTAL OF RECREATIONAL
AMUSEMENT EQUIPMENT FOR ITS SECOND ANNUAL "FAITH, FEAST -
N -FUN FESTIVAL" SCHEDULED FOR SUNDAY, OCTOBER 5TH, 2003, AT
GIBSON PARK IN THE OVERTOWN AREA; ALLOCATING SAID FUNDS
FROM THE DISTRICT 5 COMMISSION OFFICE BUDGET, SUBJECT TO
THE AVAILABILITY OF FUNDS; AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
362 September 25, 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.
Chairman Winton: Anything else? Meeting adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 12:01 A.M.
Attest:
Priscilla A. Thompson
CITY CLERK
Pamela Burns
ASSISTANT CITY CLERK
(S E A L)
MANUEL A. DIAZ
MAYOR
363 September 25, 2003