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HomeMy WebLinkAboutCC 2002-04-25 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25`" day of April 2002, 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 9:18 a.m. by Chairman Tomas Regalado with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Vice Chairman Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) ALSO PRESENT: Carlos A. Gimenez, City Manager Alejandro Vilarello, Assistant City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Absent: Commissioner Arthur E. Teele, Jr. (District 5) April 25, 2002 1. PRESENTATIONS AND PROCLAMATIONS (A) PROCLAMATION OF "AMERICORPS DAY" IN RECOGNITION OF ITS WORK FOR BENEFIT OF COMMUNITY. (B) CERTIFICATES OF APPRECIATION PRESENTED TO MEMBERS OF "AMIGOS TOGETHER FOR KIDS FOR THEIR WORK TO BENEFIT VICTIMS OF CHILD ABUSE: BERTHA ALVAREZ, ANDRES ASION, PEDRO CAPD, JESSIE CAPOTE, CELIA CRUZ, BRAD DREW, ZUZEL ECHEVARRIA, RAMON FALERO, ROXANA FERNANDEZ, MIRTA FUENTES, TERESITA GOMEZ URTIAGA, LIANA HANSON, PAUL HANSON, BETHA MORO, CARLOS NAVARRO, JACKIE NESPRAL, JORGE A. PLASENCIA, ROSA MARIA, PLASENCIA, DANIA RODRIGUEZ, VICTORIA RODRIGUEZ, MANNY ROSALES, OFELIA SAN PEDRO, CARMEN SANTAMARINA, ALEX SUIERO, KATHY WILLIAMS, AND MARTHA VELASQUEZ. (C) SALUTE TO BUSINESSES WHO PRESENTED CITY WITH $43,755.75 DONATION FOR PARKS DEPARTMENT PROGRAM FOR PERSONS WITH DISABILITIES: DADE AMATEUR GOLF ASSOCIATION, NAPA AUTO PARTS, PHYSICIANS HEALTHCARE PLANS, INC. (D) SALUTE TO LAURA R. SANCHEZ, TELEVISION CELEBRITY. (E) PROCLAMATION OF WORKERS' MEMORIAL DAY IN HONOR OF EMPLOYEES WHO DIED FROM WORK-RELATED ACCIDENTS. Chairman Regalado: Good morning. We are about to start the regular Commission meeting. Going to have a moment of silent prayer, and then Commissioner Sanchez will do the pledge of allegiance, as always. If you all stand, please. A moment of silent prayer was observed, after which, Commissioner Sanchez led those present in a pledge of allegiance to the flag. Chairman Regalado: Thank you very much. As you can see, we have visitors here. I'd like to introduce to you Mayor for a day, Ellie Diaz. (APPLAUSE) Note for the Record: Commissioner Teele entered Commission Chambers at 9:20 a.m Chairman Regalado: Today is Bring Your Daughter to Work, and we have many daughters here. And we're very pleased. Oh, there's one son. Bring your son -- bring your daughters and son to work here. We have several proclamations, and we have many, many important visitors and we know that some of you have to leave. So, we are going to start with Mayor Diaz. He wants to recognize several members and groups, Mr. Mayor. 2 April 25, 2002 2. CONSENT AGENDA. Chairman Regalado: We have several time certain items. There's one, Mr. Manager, if -- Mr. Manager, if you can have the Media Relations office to contact the press, and if they want to be here at 11:30, Commissioner Teele will have an announcement regarding the Centennial of Cuba's Independence. So, we're going to have like sort of a press conference, and the media is invited. Commissioner Teele has asked that we invite the media at 11:30. They would have plenty of time to be advised. We have an important item to be announced. Carlos Gimenez (City Manager): Yes, sir. Chairman Regalado: Thank you very much. The administration has request that we pull -- I lost the paper. I had a paper here, but I lost it. So, I don't know which one you want to be pulled, Mr. Manager. Vice Chairman Winton: All of them. Unidentified Speaker: All of them. Chairman Regalado: We have several -- before we start. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I'm asking that CA -11 and 19 be pulled from the agenda, and I'd like to have a very brief discussion on CA -l0, 14, 20, and 22. Very brief. Less than 30 seconds each. Vice Chairman Winton: What's the -- which were the discussion ones, Commissioner Teele? Commissioner Teele: The ones that I'm asking to be pulled are 11 and 19. Chairman Regalado: From the regular agenda? Commissioner Teele: From the consent agenda. Vice Chairman Winton: From CA (consent agenda). Chairman Regalado: Oh, the consent agenda. Eleven and 19. Vice Chairman Winton: And I would like to pull 1, 5 and 6. Alejandro Vilarello (City Attorney): CA. Vice Chairman Winton: CA. 3 April 25, 2002 Chairman Regalado: CA -6? Vice Chairman Winton: Yes. I would also do 14, but Commissioner Teele's going to have a brief discussion, so it will probably answer my questions. Commissioner Sanchez: Commissioner Winton, which ones are you asking to be pulled? Vice Chairman Winton: One, 5 and 6. Chairman Regalado: Oh. You said 1, 5 and 6. Vice Chairman Winton: CA -1, CA -5, CA -6. Chairman Regalado: CA -1, it's a -- Commissioner Sanchez: You mean defer, right? Commissioner Teele: Under our rule, any Commissioner may pull a consent item and it means it automatically goes to the next agenda, unless -- Commissioner Sanchez: Right. Vice Chairman Winton: And what it's all about is this issue that I've been on from the very beginning, since day one. They need to put in here what the justification is. There is no justification. I can't figure it out. I shouldn't have to chase it. And usually, I defer it until the afternoon, but I've said, you know -- so, I'm just going to yank them. Mr. Vilarello: Commissioner Teele. Commissioner Teele: The Attorney appears to indicate that I'm wrong on this -- Mr. Vilarello: That was formerly the rule. It was simply removed from the consent agenda and will be discussed during the regular meeting. However, certainly if the Commission wishes to defer it to the next meeting, that's the discretion of the Commission. Commissioner Teele: Well, I would prefer that it be pulled and discussed in the same meeting, if possible. Chairman Regalado: OK. Mr. Vilarello: That's within your rules. Commissioner Sanchez: Your items -- 4 April 25, 2002 Chairman Regalado: We have items 1, 5, 6, 11, and 19 pulled from the consent agenda. Vice Chairman Winton: Except, I think there's a minor difference because Commissioner Teele's request is to discuss them later in the agenda. On 1, 5 and 6, I'm saying pull them. Commissioner Sanchez: Pull them. OK. So, 1, 5 and 6. Commissioner Teele: Second the motion to defer those items to the next meeting. Commissioner Sanchez: One, 5, and 6. Commissioner Teele: On 1, 5 -- Chairman Regalado: One, 5 and 6 deferred to the next meeting. This is a public hearing. We have a motion and a second. Yes, sir. Mariano Cruz: Yes. Commissioner Teele: On the motion, 1, 5 and 6. Chairman Regalado: To defer 1, 5 and 6. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. Oh, I was going to talk in the CA -14 -- Commissioner Teele: That's not on the agenda -- that's not before us now. Vice Chairman Winton: That's not -- Chairman Regalado: We're going to -- Commissioner Teele: Call the question, Mr. Chairman. Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-446 A MOTION TO DEFER CONSIDERATION OF THE FOLLOWING CONSENT AGENDA ITEMS UNTIL THE NEXT COMMISSION MEETING: 5 April 25, 2002 CA -1 (PROPOSED ACCEPTANCE OF BID OF SHENANDOAH GENERAL CONSTRUCTION COMPANY FOR PROJECT ENTITLED "WAGNER CREEK - PHASE I AND II, B-5679"); CA -5 (PROPOSED ACCEPTANCE OF BID OF WORLDWIDE WHOLESALE FORKLIFTS FOR THE PROCUREMENT OF A FORKLIFT FOR USE AT THE COCONUT GROVE EXPO CENTER); CA -6 (PROPOSED ACCEPTANCE OF BID OF DADE HOME CENTER, D/B/A DADE MAYTAG HOME APPLIANCE CENTER FOR 8 MAYTAG WASHERS FOR FIRE -RESCUE). Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman, I would move that items 10, 11, 14, 19, 20 and 22 be set aside for a brief discussion during this item. I'm requesting that. I'm not moving it. Chairman Regalado: OK. Do you want to do that right now or do you want to do it later? Commissioner Teele: Do it right now, Mr. Chairman. Chairman Regalado: OK. Mr. Cruz: I don't have to say anything -- Commissioner Teele: I yield to Mr. Cruz, of course. Mr. Cruz: Already 14 and 19 are ready for the-- those are my items. So, they would be discussed. Commissioner Teele: Mr. Cruz, I yield to you. Let's take up 14 right now, sir. Mr. Cruz: Fourteen. Well, I am looking here, they say that the federal grants -- I am thinking if we have this company before or this is a new company that's coming to do this thing of the federal grants? Is this Maximus, Incorporated is a new company? Or this the first time it's going to be used, besides the people working at the departments? Because I never saw that name in the single audit report. 6 April 25, 2002 Chairman Regalado: While you all look, let me say that there are no vetoes from the Mayor, so we'll proceed. Commissioner Teele: Mr. Manager, who's item is this? What department? Mr. Gimenez: It's budget. He's coming. Marcelo Pehna: Marcelo Pehna, Budget Department. Commissioner Teele: Would you answer, Mr. Cruz' question, sir? Mr. Pehna: Yes, sir. Mr. Cruz: Is this a new company that we're hiring to do this kind of work instead of the people -- the department doing the writing of the federal grants or whatever? Or this is just being, saying just new, this -- now this company, Maximus? Or it's -- Mr. Pehna: Same company we've been using for the last 10 years. Mr. Cruz: OK. Now, the company was not responsible for the federal grant on the -- asking for the continuance of the 25 percent cap on the federal grant of the CDBG (Community Development Block Grant) for social services. How come we lose that and — now we—instead of using 25 percent, we were were observing, now will be a 15 percent cap and now we have to wait one year? What were they doing, the people, that they didn't apply to Congress on time for that? Vice Chairman Winton: Mr. Chairman, I'm not sure I understand what his question has to do with this issue. Mr. Cruz: Well, it's a federal grant. Chairman Regalado: His question is about what I -- Vice Chairman Winton: I know what his question is about. Chairman Regalado: Yeah. I don't know if it's relevant to this -- Vice Chairman Winton: Nor do I. Chairman Regalado: -- this item. Vice Chairman Winton: And we could talk about, you know, why the moon and the stars and the sun didn't align properly, but it's not part of the agenda. Chairman Regalado: So, Mariano, do you have any -- 7 April 25, 2002 Mr. Cruz: OK. It's not part of the agenda, but I say, well, the only thing I want, if they going to do work, make sure that we get our money back in federal grants or whatever is. Because it's not that difficult to write the federal grant. You just copy, follow guidelines and do it. It's not brain surgery or anything. Now, in item 19, I am asking if the -- Commissioner Teele: Excuse me, Mr. Cruz. I'm sorry. Go right ahead, sir. Mr. Cruz: Item 19, I want to know if the money is going to be -- for the historic preservation is going to be used citywide or is going to be used in a specific target area or that money of CDBG comes to the City? Because CDBG doesn't come for brick or (unintelligible) or certain place. It comes -- Chairman Regalado: Mariano -- Mr. Manager, would you answer that? Mr. Gimenez: Yes, sir. Chairman Regalado: Go ahead. Sarah Eaton: Sarah Eaton, Preservation officer. The intent of the money is to be used citywide for designation reports, for brochures and informational material to explain the programs to City residents, to describe local historic sites, to provide a presence on the web for easy access to all citizens. Mr. Cruz: The only thing I really -- I don't know exactly that is an authorized use of federal monies, CDBG, according to the federal guidelines. Specifically, most (unintelligible) should be for the revitalization for the poor areas, for the first poor area in United States, and now maybe, like you say, we gave some (unintelligible) money for the (unintelligible) in Jackson hospital to the County. What do we get from the County? If we put Historic Preservation heritage, and, you know, they take those buildings by (unintelligible) and Brickell or different places. Chairman Regalado: Mariano, your question was, is it citywide? Is it citywide? Ms. Eaton: Yes, it is. Mr. Cruz: Yes, citywide. Chairman Regalado: It is citywide. Mr. Cruz: I don't think that's a proper use of the money. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: On item number 14, if I could just finish on that item. 8 April 25, 2002 Chairman Regalado: Right. Commissioner Teele: Mr. Director, are you confirming before this Commission that this item is a currently -- under the statewide -- under currently -- I know that in 2000, it was on the statewide procurement list. It is currently on the statewide procurement list? Mr. Pehna: My understanding is that, yes, and through June of 2002. Commissioner Teele: I couldn't find it and that's why I'm asking. Number two. I would ask the Manager to consider to make this service available, first and foremost to our Internal Auditor -- Mr. Manager, to our Internal Auditor. This contract is the first step to being able to really go out here and hunt down federal dollars for various departmental activities. And, Chief, I'm having your department specifically in mind. But the first thing you've got to do is get a DOD, O& B, Office of Management and Budget approved cost allocation plan pursuant to the DOD (Department of Defense) regulations, which -- do this for the entire federal government. And this is just the way the City is going about doing its business. Now, the City's taking care of itself as it relates to the over all specific -- the over all grants that come to the City. And this, essentially, only determines the amount of indirect costs that the City is able to charge, for example, for the legal services or for example, for the Finance Department to cut checks, et cetera. This rate is very, very important because private companies make their money, Chief, on this rate. In other words, the way the federal system works, if you've got a Learjet -- a Learjet is a part of your indirect costs -- you get reimbursed for it. If you've got a Volkswagon, and that's a part of your indirect costs, you get reimbursed a portion of that. So, the system favors those corporations and those governmental entities that have their indirect costs fully identified and fully allocated. And it's very important, particularly as we talk about the Police Department, as we talk about technology, that this be done -- because, generally, the only reason it's being done is for Community Development to be able to figure out a lot of the costs as it relates to the indirect costs that are associated with this. The reason that this is important, Mr. Manager, in my judgment, is this whole strategic approach that we're talking about. If there -- this contract is going to expire on June 2nd -- I think that Ms. Haskins and the Mayor's office needs to be brought in to meet with these people, because one of the biggest issues that this dais complains about for the five years -- for the four years that I've been here going on five years, is the water and sewer costs of the County, and one place to start is to get our -- affirm that we've got under contract to go and begin to look at the water and sewer rates that the County is charging. Because right now, the County is charging something like 12 percent of an indirect cost for water and sewer, but the FAA (Federal Aviation Association) only allows the airport -- the County to charge the airport three percent. The principle that I'm saying is this, this corporation, which is on the statewide contract, obviously, knows what they're doing, and we should involve them in discussions as it relates to indirect costs, not just as it relates to our application for grants, but the kinds of strategic issues that we continue to talk about. I also think that one of the services that we should have provided and could have provided, Commissioner Gonzalez, is that we should make this service available to everybody that is in the CD (Community Development) process and we should go out and undertake as a technical assistance process, a courtesy audit -- and I don't mean audit for the purpose of finding something, but just the indirect -- so that their indirect rates have been documented, justified and we don't give indirect rates, OK, unfortunately. The City gives no indirect rates, but that is the kind of way we can begin to help our CBOs 9 April 25, 2002 (Community Based Organizations) become more able to apply to other organizations and other federal agencies for money. If we, in fact, continue to say that we're one of the poorest cities in the nation, one of the things that we need to do is empower our CBOs to be our agents in applying for federal grant dollars. If you look at the amount of federal grant dollars that go to the CBOs in Tampa, Florida, in comparison to the ones in Miami, it's absolutely pitifull. And, so, I'm only suggesting to the Manager that we look at using this corporation, which is basically a statewide corporation that does in-- that does cost allocations and those cost allocations are pursuant to a specific O& B regulation promulgated by the Department of Defense regs. Department of Defense audit agency has the overriding view. And we really ought to make this service available, not just to the City, but to the CBOs, and we ought to make this service also available to the Mayor's office in the way they're beginning to look at the whole strategic approach that's on our agenda today. So, I just want to make sure that they still have a contract; that we can still access it, and I would hope that Community Development and the Manager would look at coming back to us in May, before the contract expires, and bring in a company like this to help our CBOs. That was my issue on number 14. Chairman Regalado: Commissioner, do you want to leave, then, the item 14 or you want to pull it? Commissioner Teele: Yeah. I know -- I want to approve it. I mean, what the City is doing is the right thing to do, but I just think we're taking a very narrow approach to this. I mean, this is sort of a technical thing, but it's the condition precedent to being able to get federal money. Our CBOs cannot get federal dollars very easily without some kind of congressional earmark if they don't have the right package, and the best thing we can do for our CBOs is to provide the technical assistance. If you look at the settlement that we just did with Deloitte, we talk about the same thing. Helping our CBOs to be in a more competitive position to get money. The more money they can go to HHS and get, the more money they can go directly to labor and get, the more money they can go to HUD (Department of Housing and Urban Development) and get, under these national solicitations, the less pressure it is on us to be the Alfa and Omega up here, and that's part of the problem. So, I just want to support that item. On Item Number 19, that Mr. Cruz -- and, Mr. Cruz, I'm nervous that you and I are focusing on the same item. I want to commend the Manager and the Director in going out. I'm really depressed or a little bit concerned that of 19 applications, only one applied. But, again, it's the same principle. When this contract comes back, I don't want this service to be for the City staff. This service needs to be for the District 1 -- what district you have, Johnny? The District 2 and the District 5 Historical Advisory Committees, and more importantly, this service should be available for any property owner that the Planning Department Director approves to get technical assistance. This should not be something for the headquarters. This should be something for the property owners that have historic property, as well. They're the ones that need help. And we don't need to layer them with a lot of bureaucracy. We need to empower them and give them the resources to go out there and make. Our policy should be that we want to positively encourage any property owner in designating property, voluntarily, as historic preservation, pursuant to the federal -- to the National Trust for Historic Properties. And, so, my objection, Mr. Manager, to this, and the contract that's attached, is that this service of two hundred and fifty thousand dollars ($250,000) is to the Planning Department. I think that service should be explain expanded to include -- to be available to property owners, pursuant to the Planning Department Director's, you know, approval. I don't think anybody should just be able to access it. But it should be clearly -- and we don't create a bureaucracy now that, to get help, you've got to go in and stand in the queue and do that. Let's make this available 10 April 25, 2002 particularly to the various property owners, the DDA (Downtown Development Authority), or -- and property owners where we're really trying to do that. We've got some good things going, but I think we ought to empower the public. Ms. Eaton: Commissioner, if I may. The intent is to make this available for property owners. Chairman Regalado: Your name? Ms. Eaton: Sarah Eaton. Commissioner Teele: Well, the way the contract is written, it's available to the Planning Department. Ms. Eaton: We are working on the attachment to the contract and negotiating the scope of services, and we would be happy to include that. Commissioner Teele: I think it should be approved by the Department Director or the Manager, but I think it should be available -- we should be very clear that this is a resource that we're making available, to the point that it's been on the public record, that needs to be clarified. Historic Preservation -- first of all, the entire City of Miami is CD eligible, since nobody -- the lawyers are not going to say it. The Department Director's not going to say it. The City of Miami is CD eligible. But even if it were not, historic preservation does not carry a target designation. It is citywide. It is metropolitan wide. And it relates even to property that Donald Trump owns. If Donald Trump owns a building that qualifies for historic designation, he has just as much right to apply for CD funds as a community based organization or a poor person. So, I just think the record should be very clear that the overarching federal policy is historic preservation, without regard to the -- there is no economic test to the ownership of historic property, and, Mr. Attorney, if that's incorrect, you should correct me. Madam Director, Ms. Warren, if it's incorrect, you should correct me. Chairman Regalado: Do you want to amend or -- Commissioner Teele: No. I would hope that the Director would take that under advice and when they execute the contract, they'll consider it. Chairman Regalado: You wish to leave Item 19 in the consent agenda? Commissioner Teele: Yes, sir. Chairman Regalado: OK. We've got 10 and 11. Commissioner Teele: Very briefly on 10 and 11. Again, I assume that these dollars are grant dollars from the trust fund. My question is, why does this have to be done as a separate item? Why can't we anticipate the budget and place this in the budget as a normal budget item that is approved in October or September in the budget? I just have a format problem with having an eight hundred thousand expenditure come up as if it's unanticipated. The reason to do a budget is that you should have a historical projection. A 11 April 25, 2002 budget is a forward looking document, based upon the history. And I don't know why it's here like this, but I don't like it like this. I'd much rather take this item up during the normal budget process and that's my concern about Item Number 10. Is this grant money, largely? Raul Martinez (Chief of Police): No, Commissioner. Let me say-- Raul Martinez, Chief of Police. This is basically Law Enforcement Trust Fund money -- Commissioner Teele: Trust fund money, OK. Chief Martinez: --to pay the general fund for appropriate investigative overtime expenses. And I think the decision was made at the point that the budget had already been drafted already and we made a decision that some time during the budget year we would make that change. Commissioner Teele: But is this done normally? Have we done this over the last three or four years? Chief Martinez: I think -- I know we did it last year, maybe for about half a million dollars ($500,000). Commissioner Teele: This is a Vehicle Impoundment Program? Chief Martinez: Well, it's Vehicle Impoundment Program and any other investigative overtime that falls under the Law Enforcement Trust Fund, that criteria. Commissioner Teele: Well, that's not what it's noticed as. Chairman Regalado: Well, excuse me. Commissioner Sanchez. Commissioner Sanchez: Thank you. That's the concern that I have. It's -- it clearly states here -- and I'll read it. "Authorizing the allocation of funds in the amount not to exceed eight hundred thousand dollars for special overtime paid and continue the Police Department's Vehicle Impoundment Program." Doesn't say anything about any other program. Chief Martinez: And, Commissioner, if -- the back of the memo says these funds will be used for special overtime to conduct Vehicle Impoundment Programs stings, you're correct, and proactive crime operations that result in successful forfeiture actions. So, the name -- one of the names for us is the VIP (Vehicle Impoundment Program) Program, but any other investigative overtime that leads to seizures or forfeiture equipment, this money can be used so the general fund doesn't have to pay for it. Commissioner Sanchez: OK. I just -- since -- on this resolution, you have the vehicle Impoundment Program. How many has that program generated this year? Chief Martinez: I believe this year -- in my head I have a number, one point one million dollars. I don't know if that was last year or this year. Commissioner Sanchez: So these eight hundred dollars aren't -- 12 April 25, 2002 Chief Martinez: Last year it was one point one million dollars ($1,100,000). Commissioner Sanchez: Chief, these eight hundred dollars ($800) just aren't specifically for the Vehicle Impoundment Program. It's for other investigative matters and forfeitures. Chief Martinez: It can cover any other -- so you're not just limited to one category to do that. We made it a little bit broader so if any overtime is done by special investigations and they seize somebody or they seize—OK, this money can augment, so the general fund doesn't have to pay for their overtime. This eight hundred thousand dollars can pay for the overtime. Commissioner Sanchez: On all the forfeitures that have occurred in the City, if it's broken down in years or whatever, how much do you think is City has generated from that? Chief Martinez: Commissioner, you're saying VIP or total forfeitures? Commissioner Sanchez: Total. Total forfeitures. Chief Martinez: Commissioner, I don't have that number, but unfortunately, there's not good news under total forfeiture area. There was a Supreme Court case that came down a couple years ago where before we used to confiscate a vehicle because they had some marijuana on it, the Supreme Court basically came down and said, you can't forfeit a forty thousand dollars Mercedes because somebody has ten dollars worth of crack in their car. You know, you've got to have forty -- a substantial amount of narcotics — which makes sense, in a way, for you to forfeit or lose a car. So, when that came down, we started using the VIP a lot more, which they pay a thousand dollars, or five hundred dollars, depending on the fine, when they use it for narcotics or prostitution. So, that took a lot of the weight away, unless we make substantial seizures of dope in a car. So when that Supreme Court case came down, a lot of the old forfeitures to do that kind of went away, unless you have a substantial seizure. Commissioner Sanchez: Are we still sharing profits -- well, I shouldn't use the word profit. But are we still splitting forfeitures with DEA (Drug Enforcement Agency) and other agencies? Chief Martinez: Yes, sir. And more of DEA, and U.S. Customs is the one -- Commissioner Sanchez: Customs. Chief Martinez: -- that we do a lot with at the airport and other places. Some of those cases, sometimes, takes a long time for this cases to go down the pike and we actually get the money. And that's what funds the Law Enforcement Trust Fund. Commissioner Sanchez: Well, I just --looking at number wise, I want to make sure that if we're going to be putting in eight hundred thousand dollars, I want to see a large return back on forfeitures. Thank you. Chief Martinez: And we do, sir. 13 April 25, 2002 Chairman Regalado: Chief, I remember that throughout the years, the VIP prostitution details will make about a million dollars. Chief Martinez: They were -- last year, if I recall correctly, Commissioner, is one point one million dollars. I can tell you, there are years there's been about three million dollars. Chairman Regalado: So, what does that -- so, you use that money for this -- what do you do with that money? Chief Martinez: The money from the -- that people pay fines from their VIP goes into the general fund. So, it's an income or revenue source for the general fund. It doesn't go back to the Police Department. It comes back to City's general fund. Chairman Regalado: In the past -- I remember that, in the past, that money was used to pay for overtime for -- to continue those sting operations. Chief Martinez: And, Commissioner, I think, in the past, what the Commission did is, they earmarked some more general fund money to fund more operations. That's the way it was done. Chairman Regalado: OK. Commissioner Teele, do you wish to leave that item or pull it from the consent agenda? Commissioner Teele: I yield to Commissioner Sanchez on the issue. I just think that we've got to refine our budget process so that we don't have expenditures like this coming up in the year, unless there is some absolute reason we should be able to anticipate it to a great extent. And then on the "Do the Right Thing," have we been able to correct all of the things that this Commission asked "Do the Right Thing" to do, some 18 months ago, in terms of their board? Has their board made their records public? Chief Martinez: Yes, sir. Commissioner Teele: Are the records of the Do The Right Thing annually published? --the budget published? Chief Martinez: Yes, sir. Commissioner Teele: Is there a document that we can look at that shows the degree of transparency and openness that this board asked for and was told some eight months ago that it was a private organization - - are there still City employees on the board? Chief Martinez: Yes, sir. The Manager has an appointee to the board and I have an appointee to the board. And there's outside people -- outside citizens that do sit on this board. 14 April 25, 2002 Commissioner Teele: Was the board by-laws amended to suggest that no City employee may serve on this board without the approval of the Manager? One of the things that we asked for -- I mean, you know, our Charter gives our Manager a unique responsibility and while employees have individual rights, we're -- this is a quasi -City entity, no matter how you cut it, and the Manager should not be blind -sided or somebody shouldn't be put on -- be serving on this board, in my judgment, without the acquiescence of the Manager, or the Attorney, or the Clerk, as it relates to their respective departments. Chief Martinez: And, Commissioner, on -- I don't think that the actual by-laws do say that, but (unintelligible), the Manager does know who sits on the board. I can say he appoints a person from the Manager's office -- Commissioner Teele: Well, I would respectfully request that the next time this item comes up, that the bylaws will reflect that no City employee may serve on this board without the written approval of either the Manager-- the respective approval of either the Manager, the Attorney or the Clerk, as it relates to the employees from their various -- in other words, the Manager doesn't over see the Clerk's Office. The Manager doesn't over see the Attorney's office. Those are separate legislative -- I mean, separate branches of government, technically. The Manager being the executive, the Clerk and the Attorney being legislative. So, you know, I don't have a problem with an Attorney serving on it. I do have a problem -- if the Attorney doesn't know or approve of it. I don't have a problem with a Clerk -- and it will be good if they had somebody from the Clerk's office, apparently, serving on it. But I have a problem with somebody serving on it that our City Clerk doesn't know. Because if there's going to be a problem, we're going to look to that person and say, what is going on? And so, again, I just think we ought to make sure we support the organization, but it be done consistent with our Charter. And my final item, I guess, was - - that was 11 ? Chairman Regalado: Yes, sir. It was 10 and 11. It's 20 and 22. You're questioning -- Commissioner Teele: Twenty and 22. Chairman Regalado: Twenty and 22. You defer on -- to Commissioner Sanchez. Commissioner Sanchez, do you want -- Commissioner Teele: I defer to him on Item Number 10. Chairman Regalado: Do you want to pull or leave on -- Commissioner Sanchez: No. I'm prepared to make a motion on 10. Chairman Regalado: So, you want to -- Commissioner Sanchez: Approve it. Commissioner Teele: Well, we'll approve it as a package. 15 April 25, 2002 Chairman Regalado: You want to leave it on the consent agenda. Item 10. Commissioner Teele: Number -- Chairman Regalado: How about 11, Commissioner Teele? Commissioner Teele: No, no, I'm not pulling any item. I mean, I'm asking the Manager or the various departments to consider my comments in the way they approach the matter in the future. Mr. Gimenez: Yes, sir. Chairman Regalado: Item 10. Commissioner Sanchez: The only items being pulled are Johnny's. Commissioner Teele: The only items that have been pulled are Items 1, 5, and 6, I think. Chairman Regalado: Right. We still have comments on 20 and 22. Commissioner Teele: On 20 and 22, you know, Mr. Manager, when we pull these items, I don't see any reason to have all the staff up here, if the staff that's responsible for the items, don't just voluntarily come out. I mean, we waste five minutes for the grand promenade for staff. Mr. Gimenez: Yes, sir. I've asked them to come out. Commissioner Teele: Is the Public Works Direct -- I mean, is the Solid Waste Director going to come out or is he going to --or at least his Assistant Manager ought to take the bullet. Twenty and 21. Frank Rollason (Director, Building & Zoning): Good morning, Commissioner. Commissioner Teele: Good morning, Mr. Manager. It's my understanding that we had agreed that any time there is a transfer of title, that it would be a public notice. We do this as it relates to records. We do this as it relates to all of these items that we put in, since I've been serving here. I have an objection to a title being transferred which the industry doesn't know about it. So, I would like for you all to research this and I'd like to get your consent to approve -- to pull this item, and if we don't have that in our ordinance, then we need to add that. But what we don't need, particularly in the area of garbage, are transfers without total public notice and disclosure. And I don't mean that to suggest anything -- Mr. Rollason: This item was discussed at the Solid Waste Commercial Haulers meeting. They were aware that it was coming, but we can certainly pull it and make it -- Commissioner Teele: It's not them that I'm concerned about. It's the U.S. Attorney being aware of it. It's the public being aware of it. How does someone know they can contract with this if you don't publish it? 16 April 25, 2002 Don't we have a provision right now that you can't contract with a private hauler unless they're a part of our list? Mr. Rollason: That's correct. Commissioner Teele: Then how does the public know now that you can trans -- Mr. Rollason: Because we will -- we'll put a notice out to the commercial entities. There's an ongoing list and we update that list on a regular basis. But we can pull this and do it with (INAUDIBLE) -- Commissioner Teele: I think, as a matter of form, our ordinance should say that transfers of title or ownership, just as they do with gar -- with towing -- shall be publicly noticed so that the public has notice of who -- Mr. Rollason: Not a problem. We'll do it and bring it back. Commissioner Teele: OK. So I would move that item 20 be deferred to allow the management to make a public notice of the transfer. Chairman Regalado: We have a motion. Commissioner Gonzalez: Second. Chairman Regalado: We have a second. We have a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-447 A MOTION TO DEFER CONSIDERATION OF PROPOSED APPROVAL OF ASSIGNMENT OF CITY OF MIAMI COMMERCIAL SOLID WASTE NON- EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF MIAMI AND VICTEC ENVIRONMENTAL SERVICES TO WORLD ENVIRONMENTAL SERVICES IN ORDER TO ALLOW THE ADMINISTRATION TO MAKE A PUBLIC NOTICE AND DISCLOSURE OF PROPOSED TRANSFER OF TITLE OR OWNERSHIP. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton 17 April 25, 2002 Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. Chairman Regalado: Item 20 is pulled. Item 22, Commissioner. Commissioner Teele: Item 22 is -- I guess -- I've always said the dominant political philosophy of this City is "me, too." We've got a real problem with summer programs and we're going to take -- what is this, 400 kids? Albert Ruder (Director, Parks & Recreation): Albert Ruder. It's projected to be about 500 children. Commissioner Teele: Five hundred children. Mr. Ruder: These are just some of the field trips. Some other field trips are under 4,500, so they're not here. So, these are just the ones that are -- Commissioner Teele: Well, this is all I'm going to say. You know, God bless these 500 kids. I would never stand in their way. If you all feel it, I support it. But I think we need a Comprehensive Plan for how we're going to deal with our resources this summer, citywide, and I would simply ask that, within 30 days or 45 days, that you all present a plan of how we're going to deal with this on a comprehensive basis. As you know, I was in the County yesterday. Ms. Willis and others are very, very active in demanding that the County do something to get the job summer program back on line. We learned for the first time that -- first time in 20 years, there will not be a summer program -- youth program funded by the County through the Workforce Development and whatever that whole consortium is. This is shocking. I've raised it with the Chief, because those kids that are not engaged will probably wind up, unfortunately some of them -- some disproportionate number of them will wind up being in our juvenile system. I support what you're doing here, but I really do think that we need to redouble our efforts in all of our parks. I know that the Mayor is coming forth with a cleanup campaign and I support that. But I think we also should look at a summer parks campaign, and -- I mean, you know, I don't want to get us back into where we were five years ago with spending and spending and spending. But I'm telling you, we can't make a better investment than for the children in the inner city in this community this summer, and so, I would respectfully ask that this item go forward, but we do a comprehensive program. And if the Manager would agree and the Chief would agree, Parks Director would agree that we all agree to try to come up with a summer wide program that redoubles our efforts to get kids in the park this summer, and that we go out here and try to get emergency money from the state, from the feds or from any source. The Governor just called a Special Session. Going to start Monday. And as far as I'm concerned, we need to be talking to our lobbyists about some kind of special summer program for kids. Because the money -- and Ms. Warren or Ms. Jones or somebody, correct me if I'm wrong, -- Where is Joni Jones? Is that 18 April 25, 2002 under you, Ms. Warren? Am I correct, that this summer is the first summer in some 15, 20 years that we will not have a summer youth program for our children, funded by the -- Gwendolyn Warren (Director, Community Development): This is correct. Commissioner Teele: Your name and -- Ms. Warren: My name is Gwendolyn Warren, Director of Community Development. Commissioner Teele: And what is right? Ms. Warren: I beg your pardon? There will be no summer program, as we traditionally know it, this year. And to my knowledge, for 20 years in this community and from what I know nationally, about 30 years. Vice Chairman Winton: Why is that? Ms. Warren: The employment and training regulations and the South Florida Employment and Training Consortium, they have a different kind of youth program. The legislation is not available for the traditional program because the federal rules changed. Vice Chairman Winton: So, there's a federal rule change that created the crisis? Ms. Warren: Correct. The program right now is dedicated to those kids who are in school, who are at risk, and those are the kids who will be continued through the summer and other activities. And it will not be made available to kids who are at risk of dropping out or who are not attending school. Chairman Regalado: And also, you may notice that last year and this year, we will not be getting Law Enforcement Trust Funds for the summer programs. In the past four or five years, we requested and received from the trust money to take the children from different parks to the movies and -- Commissioner Teele: I didn't know nothing about that. Chairman Regalado: Yes, you did. It's only one thousand dollars ($1,000), but we don't get that. And the luncheon to pay for some of the poorest parks kids in -- and I don't know the rule changed in Law Enforcement Trust Fund. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Mr. Chairman, I know that the Mayor is very busy. I know the Mayor's has got several trips to Washington. I know we all have different agendas. I was delighted to learn, you know, that Commissioner Winton has agreed, once again, to take on a project to work with us on the homeless 19 April 25, 2002 issue. As you know, we're going to be confronting that issue later on today. There are a lot of issues in this City. But I will tell you this, if we don't take this youth -- summer youth program seriously this summer, if we don't have a plan that's not a police plan, per se, but is a community plan that involves our Parks Department, our NET (Neighborhood Enhancement Team) offices, our Workforce Development Office, our Community Development, our CBOs, our private corporations that we can interface with, if we don't design something here, we could very well wind up spending a lot of money based upon what could very well happen, which none of us want to think about. I think it is absolutely irresponsible for us to go into this summer having the great opportunity we have as a City to be a national leader, to be catapulted into one of the leaders of this County, if we don't develop some kind of programming. You know, who knows? None of us have a crystal ball. This summer could be a great summer. Could be a cold summer. The average temperature could drop down to 60 degrees and it's just like any other day in Alaska, hopefully, but it won't be that. And we need to be very careful. We need to be very careful. Chairman Regalado: OK. Chief, you want to say something? Chief Martinez: Yes, Commissioner. Raul Martinez, Chief of Police. Just a couple of things. The Commission approved at the last Commission meeting seven hundred and eighty-six thousand dollars for the PAL (Police Athletic League) Program, and part of those monies, they were spent doing summer programs from the PAL perspective. We've also -- the Parks Department has made several requests, under the half a million dollar umbrella of Law Enforcement Trust Fund for outside programs, and they're coming forward -- some of them are coming forward -- will be coming forward in front of the Commission if they meet the recommendations of the committee to get funded and some of those are summer type programs that the Parks Department is going to prepare. Chairman Regalado: Yeah, but last year you denied the one thousand dollar for the movie tickets. Chief Martinez: No, sir. Last year we funded -- and I'm not sure which of the programs, but we did -- I think it was like a thousand dollars and -- Mr. Ruder's here. Chairman Regalado: OK. Vice Chairman Winton: But, Commissioner Teele -- before he answers -- how much money are we talking about that the County would have provided or has historically provided that would be earmarked for the City of Miami? How much money are we talking about? Commissioner Teele: Ms. Warren, give me a little bit of help. What's the historical amount of money that we've had for summer programs? And, remembering -- Vice Chairman Winton: That came from that program. Commissioner Teele: That came from the summer program. Remember, there is an overlap now. The money that the City gets is not the exclusive amount of money. When the program's there, some of the County's CBOs do things. What's the rough dollar amount that the City gets in one number? And 20 April 25, 2002 secondly, what's the rough dollar amount that's spent within the City by the County and other organizations, historically? Ms. Warren: Historically, from my -- again, from my memory -- Commissioner Teele: Your name again, for -- Ms. Warren: My name is Gwendolyn Warren. I'm the Director of Community Development for the City of Miami. As I remember, the County funds about five thousand summer youth positions, Countywide. And approximately 30 percent of those positions are located in the City of Miami. The City of Miami receives approximately four hundred to five hundred thousand dollars on an average each summer, and we serve approximately 200 to 300 kids. Commissioner Teele: So, if we get five hundred thousand to serve 200 to 300, then the amount of money is roughly a million to a million and a half is coming into the City? Ms. Warren: I'm corrected. It's 350. Vice Chairman Winton: Three fifty what? Ms. Warren: Three hundred and fifty kids. Vice Chairman Winton: Three hundred and fifty kids for how much, five hundred thousand? Ms. Warren: About five hundred thousand. Again, the kids make minimum wage. They work part-time, and plus they receive counseling. Commissioner Teele: But, Johnny, that's the money that comes through the City. Ms. Warren: Yes. Commissioner Teele: There's -- we all acknowledge there's probably, on a Countywide basis, an equal number that are funded through the County scene other CBOs that participate in this. But a City -- for example, JESCA (James E. Scott Community Association. Ms. Warren: Correct. Commissioner Teele: Or for example -- what's the thing that Neal has there in -- Ms. Warren: Jobs of Miami. Commissioner Teele: Jobs of Miami. So, there's a whole -- Ms. Warren: Youth services. 21 April 25, 2002 Commissioner Teele: There's a whole overlay that's over and above what the City does that the County uses to distribute these dollars through CBOs, which is also very effective. Vice Chairman Winton: So, do you have any sense that the County is going to respond to your request? Commissioner Teele: I think the County is scrambling now trying to figure out how to get money in the unincorporated areas, yes. . Vice Chairman Winton: Yeah. OK. I don't believe that. Chairman Regalado: OK. You wish that to remain or to be pulled? Commissioner Teele: Yes. No, no, no. I -- Chairman Regalado: OK. So the consent agenda -- Commissioner Teele: Move the consent agenda. Chairman Regalado: It has been moved. Commissioner Teele: As amended. Commissioner Sanchez: Second, as amended. Chairman Regalado: And second. Items 1, 5, 6 and 20 have been pulled. All in favor say "aye." The Commission (Collectively): Aye. 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, on motion duly made by Commissioner Teele and seconded by Commissioner Sanchez, the consent agenda items were passed by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez 22 April 25, 2002 Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 2.1 ACCEPT BID OF HARRISION UNIFORMS PURSUANT TO INVITATION FOR BIDS NO. 01- 02-027 FOR PROCUREMENT OF FIREFIGHTER UNIFORMS FOR DEPARTMENT OF FIRE - RESCUE, $589,082.03. RESOLUTION NO. 02-448 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF HARRISION UNIFORMS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-027, DATED JANUARY 28, 2002, FOR THE PROCUREMENT OF FIREFIGHTER UNIFORMS FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT A TOTAL CONTRACT AMOUNT NOT TO EXCEED $589,082.03; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 105000.280502.6.075 FOR THE FIRST YEAR AND ACCOUNT CODE NO. 001000.280601.6.075 FOR EACH ADDITIONAL CONTRACT YEAR, SUBJECT TO AVAILABILITY OF FUNDS 2.2 ACCEPT BIDS OF METRO DADE K9 GUARD DOGS SERVICES AND POLICE SERVICE DOGS, INC. PURSUANT TO INVITATION FOR BIDS NO. 01-02-006R FOR ACQUISITION OF POLICE SERVICE DOGS AND SUPPLEMENTAL TRAINING FOR DEPARTMENT OF POLICE, $13,000; ALLOCATE FUNDS FROM POLICE GENERAL OPERATING BUDGET. RESOLUTION NO. 02-449 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF METRO DADE K9 GUARD DOGS SERVICES AND POLICE SERVICE DOGS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS PURSUANT TO INVITATION FOR BIDS NO. 01-02-006R, DATED DECEMBER 3, 2001, FOR THE ACQUISITION OF POLICE SERVICE DOGS AND SUPPLEMENTAL TRAINING FOR THE DEPARTMENT OF POLICE, ON A SPOT MARKET, AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF TWO YEARS, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $13,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.875. 23 April 25, 2002 2.3 ACCEPT BID OF FOUNTAINHEAD GROUP, INC. PURSUANT TO INVITATION FOR BIDS NO. 01-02-066R, FOR PROVISION OF MODIFICATIONS TO CATWALK AT COCONUT GROVE EXPO CENTER FOR DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, $27,390; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECTS. RESOLUTION NO. 02-450 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF FOUNTAINHEAD GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 01-02-066R, DATED DECEMBER 31, 2001, FOR THE PROVISION OF MODIFICATIONS TO THE CATWALK AT THE COCONUT GROVE EXPO CENTER FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, IN AN AMOUNT NOT TO EXCEED $27,390; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS, ACCOUNT CODE NO. 325006.359301.830. 2.4 APPROVE PROCUREMENT OF 1,861 STEERING WHEEL LOCK UNITS FOR DEPARTMENT OF POLICE FROM ACE LOCK AND SECURITY SUPPLY, UNDER EXISTING CITY BID NO. 00- 01-255, $24,937.40; ALLOCATE FUNDS FROM OPERATION C.A.R.S. GRANT. RESOLUTION NO. 02-451 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF 1,861 STEERING WHEEL LOCK UNITS FOR THE DEPARTMENT OF POLICE FROM ACE LOCK AND SECURITY SUPPLY, UNDER EXISTING CITY OF MIAMI BID NO. 00-01-255, IN AN AMOUNT NOT TO EXCEED $24,937.40; ALLOCATING FUNDS FROM THE OPERATION C.A.R.S. GRANT, ACCOUNT CODE NO. 110063.290536.6.722 2.5 AUTHORIZE FUNDING OF CRIME STOPPERS OF MIAMI-DADE COUNTY, INC., $10,000; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION NO. 02-452 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF CRIME STOPPERS OF MIAMI-DADE COUNTY, INC. (-CRIME STOPPERS,), IN AN AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES (2001). 2.6 AUTHORIZE FUNDING OF DADE-MIAMI CRIMINAL JUSTICE COUNCIL, $35,000; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. 24 April 25, 2002 RESOLUTION NO. 02-453 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL, IN AN AMOUNT NOT TO EXCEED $35,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES (2001). 2.7 AUTHORIZE ALLOCATION OF $800,000 FOR SPECIAL OVERTIME PAY TO CONTINUE POLICE DEPARTMENT'S VEHICLE IMPOUNDMENT PROGRAM; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. (See #2.2) RESOLUTION NO. 02-454 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $800,000 FOR SPECIAL OVERTIME PAY TO CONTINUE THE POLICE DEPARTMENT'S VEHICLE IMPOUNDMENT PROGRAM; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." 2.8 AUTHORIZE FUNDING OF "DO THE RIGHT THING" PROGRAM, $124,600; ALLOCATE FUNDS FROM THE LAW ENFORCEMENT TRUST FUND. (See #2.3) RESOLUTION NO. 02-455 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN THE AMOUNT OF $124,600; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES (2001). 2.9 APPROVE PROCUREMENT OF JANITORIAL SUPPLIES FOR DEPARTMENT OF PURCHASING FROM PRIDE ENTERPRISES, TO BE USED BY VARIOUS CITY DEPARTMENTS; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS. RESOLUTION NO. 02-456 25 April 25, 2002 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE PROCUREMENT OF JANITORIAL SUPPLIES, AS MORE PARTICULARLY SET FORTH IN THE ATTACHMENTS, FOR THE DEPARTMENT OF PURCHASING FROM PRIDE ENTERPRISES, TO BE USED BY VARIOUS CITY DEPARTMENTS, ON AN AS -NEEDED BASIS, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM EACH OF THE GENERAL OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, AUTHORIZING PURCHASES AS NEEDED, SUBJECT TO AVAILABILITY OF FUNDS. 2.10 AUTHORIZE INCREASE IN THIRD YEAR CONTRACT WITH MAXIMUS, INC. FOR PREPARATION OF COST ALLOCATION PLAN RELATING TO CITY'S FEDERAL GRANT PROGRAMS FOR DEPARTMENT OF MANAGEMENT AND BUDGET, $30,000, FROM $27,500 TO $57,500. RESOLUTION NO. 02-457 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE THIRD YEAR CONTRACT WITH MAXIMUS, INC. FOR THE PREPARATION OF A COST ALLOCATION PLAN RELATING TO THE CITY'S FEDERAL GRANT PROGRAMS FOR THE DEPARTMENT OF MANAGEMENT AND BUDGET, IN AN AMOUNT NOT TO EXCEED $30,000, FROM $27,500 TO $57,500, WITH AN INCREMENTAL INCREASE OF $3,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.921002.6.270 FOR SAID PURPOSE. 2.11 AUTHORIZE MANAGER TO EXECUTE CITY DEED TO CONVEY TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) 1.003 ACRES OF CITY -OWNED LAND LOCATED ON WATSON ISLAND (PARCEL 106); AUTHORIZE MANAGER TO ACCEPT FROM FDOT QUIT CLAIM DEED FOR OLD STATE ROAD A -1-A PROPERTY LOCATED ON WATSON ISLAND. RESOLUTION NO. 02-458 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CITY DEED AND ALL NECESSARY DOCUMENTS TO CONVEY APPROXIMATELY 1.003 ACRES OF CITY -OWNED LAND (PARCEL 106), LOCATED ON WATSON ISLAND, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, TO THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") AND TO ACCEPT FROM FDOT A QUIT CLAIM DEED FOR THE CONVEYANCE OF THE OLD STATE ROAD A -1-A PROPERTY LOCATED ON WATSON ISLAND, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" ATTACHED HERETO. 26 April 25, 2002 2.12 AUTHORIZE MANAGER TO EXECUTE: (1) JOINT PROJECT AGREEMENT, (2) AMENDMENT TO LEASE AGREEMENT, AND (3) TEMPORARY CONSTRUCTION EASEMENT IN CONNECTION WITH FLORIDA DEPARTMENT OF TRANSPORTATION'S (FDOT) PROJECT TO INSTALL SEAWALL AT MIAMI RIVER WATER SHORE ADJACENT TO JOSE MARTI PARK AND REPLACE FENDER SYSTEM. RESOLUTION NO. 02-459 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE, IN SUBSTANTIALLY THE ATTACHED FORMS, THE FOLLOWING: (1) A JOINT PROJECT AGREEMENT, (2) AN AMENDMENT TO THE LEASE AGREEMENT, AND (3) A TEMPORARY CONSTRUCTION EASEMENT, AND ANY AND ALL OTHER DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN CONNECTION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION'S ("FDOT") PROJECT TO INSTALL A SEAWALL AT THE MIAMI RIVER WATER SHORE ADJACENT TO JOSE MARTI PARK AND REPLACE THE FENDER SYSTEM ADJACENT THERETO, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENTS. 2.13 AUTHORIZE MANAGER TO EXECUTE MODIFICATION NO. 2 TO EXISTING LEASE AND DEVELOPMENT AGREEMENT WITH PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC., FOR PURPOSE OF EXCLUDING .21 ACRES OF REAL PROPERTY AND PROVIDING TO PARROT JUNGLE IN EXCHANGE .28 ACRES OF REAL PROPERTY. RESOLUTION NO. 02-460 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATION NO. 2 TO THE EXISTING LEASE AND DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC., ("PARROT JUNGLE"), FOR THE PURPOSE OF EXCLUDING APPROXIMATELY .21 ACRES OF REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, WHICH IS THE RIGHT-OF-WAY OF THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN EXCHANGE APPROXIMATELY .28 ACRES OF REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" ATTACHED HERETO. 2.14 AUTHORIZE MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH RESCUE TRAINING ASSOCIATES, INC. FOR PROVISION OF TECHNICAL RESCUE TEAM TRAINING FOR FORTY-FIVE FIGHTERS, FOR DEPARTMENT OF FIRE RESCUE, $17,775. 27 April 25, 2002 RESOLUTION NO. 02-461 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF TECHNICAL RESCUE TEAM TRAINING FOR FORTY—FIVE FIREFIGHTERS FOR THE DEPARTMENT OF FIRE RESCUE FROM RESCUE TRAINING ASSOCIATES, INC., IN A TOTAL AMOUNT NOT TO EXCEED $17,775; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280601.6.270. 2.15 ACCEPT RECOMMENDATION OF MANAGER APPROVING FINDINGS OF EVALUATION COMMITTEE FOR REQUEST FOR QUALIFICATIONS (RFQ) TO ACCEPT PROPOSAL OF JANUS RESEARCH TO PROVIDE HISTORIC PRESERVATION SERVICES FOR PLANNING AND ZONING DEPARTMENT; AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH JANUS RESEARCH, $250,000; ALLOCATE FUNDS FROM GENERAL OPERATING BUDGETS OF COMMUNITY DEVELOPMENT DEPARTMENT, $225,000, AND PLANNING AND ZONING DEPARTMENT, $25,000. RESOLUTION NO. 02-462 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 01-02-123, THAT THE MOST QUALIFIED FIRM IS JANUS RESEARCH TO PROVIDE HISTORIC PRESERVATION SERVICES FOR THE PLANNING AND ZONING DEPARTMENT, FOR A PERIOD OF ONE YEAR, IN AN AMOUNT NOT TO EXCEED $250,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH JANUS RESEARCH, FOR SAID SERVICES; ALLOCATING FUNDS IN THE MOUNT OF $225,000 FROM THE GENERAL OPERATING BUDGETS OF COMMUNITY DEVELOPMENT, ACCOUNT CODE NO. 799130.457290, AND IN THE AMOUNT OF $25,000, FROM PLANNING AND ZONING DEPARTMENT, ACCOUNT CODE NO. 110107.850301.270. 2.16 AUTHORIZE EXPENDITURE OF FUNDS, $19,298 BY DEPARTMENT OF PARKS AND RECREATION FOR FIELD TRIPS TO WATER RAPIDS THEME PARK, BOOMERS AND GALAXY SKATEWAY FOR PARTICIPANTS IN SUMMER PROGRAMS; ALLOCATE FUNDS FROM FY 01-02 PARKS AND RECREATION GENERAL OPERATING BUDGET (See #2.5) RESOLUTION NO. 02-463 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $19,298 BY THE 28 April 25, 2002 DEPARTMENT OF PARKS AND RECREATION FOR FIELD TRIPS TO THE WATER RAPIDS THEME PARK, BOOMERS AND GALAXY SKATEWAY FOR PARTICIPANTS IN THE SUMMER PROGRAMS; ALLOCATING FUNDS FROM THE FY 01-02 PARKS AND RECREATION GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.580301.6.340 2.17 AUTHORIZE DIRECTOR OF FINANCE TO PAY RAMONA COLLAZO, $160,000, IN COMPLETE SETTLEMENT OF ALL CLAIMS AGAINST CITY, IN CASE OF RAMONA COLLAZO, AS PERSONAL REPRESENTATIVE OF ESTATE OF ELEW ALBERTO VAZQUEZ, DECEASED; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 02-464 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RAMONA COLLAZO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELEW ALBERTO VAZQUEZ, DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $160,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, INCLUDING, BUT NOT LIMITED TO, CARLOS RIVERA, FRANK PICHEL, JAMES FARIAS, JOSEPH GUELL, FRANCISCO THEYE AND JOSE ESTEVEZ, IN THE CASE OF RAMONA COLLAZO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FLEW ALBERTO VAZQUEZ, DECEASED, UNITED STATES DISTRICT COURT CASE NO. 01-1985-CIV-MIDDLEBROOKS, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652 Chairman Regalado: I see a gentleman from Watson Island. PZ (Planning and Zoning) items will be taken in the afternoon. There will be no discussion on Watson Island this morning. Also, the Mayor has, as requested by the Commission, appointed the five individuals for the Nominating Committee of the CIP (Civilian Investigative Panel). We have copy for the members of the Commission. Then in the afternoon, we can take the item, if -- Sylvia, would you be so kind? Thank you very much. 29 April 25, 2002 3. RELATED TO LIGA CONTRA EL CANCER, INC. TELETHON TO BE HELD ON JUNE 9, 2002 AT COCONUT GROVE EXPO CENTER, AUTHORIZE ALLOCATION OF $16,934 FOR CITY SERVICES ASSOCIATED WITH EVENT; AUTHORIZE ALLOCATION OF FUNDS FOR SAID SERVICES, FROM SPECIAL EVENTS ACCOUNT TO BE PAID TO COCONUT GROVE GROVE EXPO CENTER; SAID AUTHORIZATIONS CONDITIONED UPON ORGANIZERS. Chairman Regalado: Commissioners' items. Commissioner Gonzalez, District 1. You have three items, sir. Commissioner Gonzalez: Yes, sir. Chairman Regalado: You have a time certain item at 11 a.m., requested by Vice Chairman Winton. And also we have an announcement by Commissioner Teele at 1:30. I mean, 11:30. Commissioner Gonzdlez: Mr. Chairman, I'd like to pull the first item, "A," 1-A. Chairman Regalado: OK. Commissioner Gonzalez is deferring Item "A" of his blue page. Commissioner Gonzalez: On "B", I have a resolution of the City of Miami Commission related to the Liga Contra el Cancer Telethon, to be held on June 9, 2002, at the Coconut Grove Exposition Center, authorizing the allocation of funds in an amount of sixteen thousand, nine hundred and thirty-four dollars for City services associated with the event; authorizing the allocation of funds for said services from the special events code number 001000.921054.289, to be paid to the Coconut Grove Exposition Center; said authorization conditioned upon the organizer obtaining all permits required by law, paying for all necessary costs for all other City services and applicable fees associated with said event; obtaining insurance to protect the City in the amount as prescribed by the City Manager or designee; and complying with all conditions and limitations as may be prescribed by the City Manager or designee. So moved. Chairman Regalado: There is a motion. Do we have a second? Commissioner Sanchez: Second. Chairman Regalado: We have a motion and a second. This is a public hearing. Anybody from the public? Chief, you want to say something? Raul Martinez (Chief of Police): Yes, Commissioner. Raul Martinez, Chief of Police. The only thing I would ask, if you could add to this motion, too, is the officers that are working this event are volunteer officers, but typically we have off duty event. Whether they're volunteer or not, they're supposed to pay the off-duty surcharge. We ask the Commission to waive La Liga Contra el Cancer from paying the off- duty surcharge when the officers are volunteering their time. Chairman Regalado: Would you amend that motion? Commissioner Gonzalez: Yeah. Move, as amended. Chairman Regalado: As amended. Commissioner Sanchez: Second the motion as amended. Commissioner Gonzalez: Thank you, Chief. 30 April 25, 2002 Chairman Regalado: All in favor, say "aye." Vice Chairman Winton: No. Chairman Regalado: One "no." Four "ayes." The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-465 RESOLUTION 4 65, A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE LIGA CONTRA EL CANCER, INC., TELETHON TO BE HELD ON JUNE 9, 2002 AT THE COCONUT GROVE EXPO CENTER AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $16,934 FOR CITY SERVICES ASSOCIATED WITH THE EVENT FROM THE SPECIAL EVENTS FUND, ACCOUNT CODE NO. 001000.921054.289, PAYABLE TO THE COCONUT GROVE EXPO CENTER, CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL NECESSARY COSTS OF ALL OTHER CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE, AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. (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 Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman Johnny L. Winton ABSENT: None. 31 April 25, 2002 4. URGE FLORIDA LEGISLATURE TO ADOPT FLORIDA SENATE BILL 2248 WHICH WILL PROVIDE FOR RETURN OF JURISDICTION REGARDING APPLICABILITY OF CIVIL AND CRIMINAL LAWS TO RESERVATIONS OF MICCOSUKEE TRIBE OF INDIANS OF FLORIDA. Chairman Regalado: Second item, "C." Commissioner Gonzalez: I had a personal appearance from Ms. Brenda Moreira from La Liga Contra Cancer, and I believe the lady's not here. So, I'm going to move to "C," which is a resolution of the City of Miami Commission urging the Florida legislature to adopt Senate Bill 2248, which will provide for the return of jurisdictions regarding applicability of civil and criminal laws to reservations of the Miccosukee tribe of Indians of Florida; directing the City Clerk to transmit a copy of this resolution to the designated officials. So moved. Chairman Regalado: OK. We have a motion. Do we have a second? It's been second? Alejandro Vilarello (City Attorney): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Vilarello: With regard the to this item, the title doesn't change as Commissioner Gonzalez read it, but there was a request to refer to the specific Federal Statute, and in -- would like the Commission to approve it with an amendment to add the specific Federal Statute within the body of the resolution. Commissioner Gonzalez: So moved, as amended. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-466 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO ADOPT A LEGISLATIVE AMENDMENT TO §285.16, FLORIDA STATUTES, WHICH WILL PROVIDE FOR THE RETURN OF JURISDICTIONS REGARDING APPLICABILITY OF CIVIL AND CRIMINAL LAWS TO RESERVATIONS OF THE MICCOSUKEE TRIBE OF INDIANS OF FLORIDA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DESIGNATED OFFICIALS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 32 April 25, 2002 Upon being seconded by Chairman Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: Commissioner Joe Sanchez Chairman Regalado: It passes. 33 April 25, 2002 5. DEFER CONSIDERATION OF DISCUSSION CONCERNING CITY'S INVOLVEMENT WITH SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM TO 10:30 A.M. AT COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 9, 2002. Chairman Regalado: Vice Chairman Winton. Vice Chairman Winton: Mine looks blank. Chairman Regalado: No. It's blue. Vice Chairman Winton: Huh? Chairman Regalado: No, it's blue. Vice Chairman Winton: Oh, it's blue. Chairman Regalado: But it's empty. Vice Chairman Winton: Oh, I have an item? It's empty. My blue is empty. Chairman Regalado: OK. No. Let me say this. Your time certain item was on the blue page, but it became a time certain. So, it's in the agenda for the 11 o'clock time certain. So, I mean, if you want to do it now, if you have the people, it's fine. Vice Chairman Winton: I don't think -- are they here? They're not here, are they? I don't think they're here. Chairman Regalado: OK. No problem. It's the South Florida Training Consortium. Carlos Gimenez (City Manager): If I could, I'd like to defer that, because unfortunately, we did not get you a report on time that was suppose to be submitted. I just got it 10 minutes ago and I'm not going to submit that at this point to you. So, if we can defer that to the next meeting, I would—you know if would probably be better. Vice Chairman Winton: And we need to call them right away so that they don't have a make a trip over here. So, can somebody get on the phone and call them immediately? I don't mind deferring, but I don't want them to have to drive over here. Commissioner Teele: I would second the motion to defer. Chairman Regalado: OK. Commissioner Teele: Commissioner Winton's making it. , 34 April 25, 2002 Chairman Regalado: Do you wish to defer then -- Commissioner Teele: For the next meeting, a time certain of 10:30 a.m. Vice Chairman Winton: Right. Chairman Regalado: Now, May 8. Commissioner Teele: May 9th. Chairman Regalado: May 9th. I'm sorry. May 9th, 10:30 you said or -- Commissioner Teele: A.M, 10:30 a.m. Chairman Regalado: OK. Fine. Commissioner Teele: Call the question, Mr. Chairman. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-467 A MOTION TO DEFER CONSIDERATION OF DISCUSSION CONCERNING THE CITY OF MIAMI'S INVOLVEMENT WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM TO 10:30 A.M. AT THE COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 9, 2002. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 35 April 25, 2002 Commissioner Teele: Mr. Chairman, may I inquire, Commissioner Winton? What is your intentions on this item? Vice Chairman Winton: Well, I think we need to read the Manager's report. But as I said before, you know, I think that the County needed to respond to some issues. I met with them -- I -- don't know, earlier this week or, in the last week or something -- and I haven't heard from the Manager yet, but it sounds to me like they have responded to the issues and I said from the beginning that, you know, from an approach, I always like to have more people at the table rather than fewer people and I wasn't overly enthusiastic about us trying to go this alone, and there are a lot of problems associated with going it alone and if we could work out the details of the problems that were presented to us, my view is we ought to just stay with the program. But that's my view. That may not be y'all's view. Commissioner Teele: Mr. Attorney, Mr. Manager, I spent two hours with the various groups, with Ms. Joni Jones, I think, in the meeting from the beginning to the end. The meeting was very revealing to me. Pursuant to that meeting, I want to announce that I have two concerns. Number one, I'm not sure that this Commission has not been misled, based upon the federal statute in the CFR (Code of Federal Regulations). It's my reading of the CFR -- and I'll yield to the Attorney -- that to go it alone is going to be a lot more difficult legally than we've been led to believe. I thought we had a clear option. It's very clear to me that the presumption is that the County has even more authority than I was led to believe. In that regard, I have a meeting scheduled tomorrow at 2:30 with Mayor Penelas to try to clarify some of the issues that he's concerned about. Number two, it appear to me that the board has sort of usurped even Penelas' authority, and clearly, as it relates to the City's role in that usurpation, I have some concerns. The City representative voted on behalf of the City to take certain actions. I'm trying to get a copy of the transcript. These were major policy decisions being made at an inappropriate level, but if you made that delegation, Mr. Manager, you know, we all have to live with it. But I want to review this with Mayor Penelas because I think, number one, we cannot afford to have employees of the City usurping policy decisions, particularly, when policy decisions that have never been presented to us to make. And number two, it appears to us that the City doesn't have the options that I was led to believe. If I read the CFR Statute correctly -- and I'm going to invite the City Attorney to go to the meeting with me with Mayor Penelas -- it seems to me that Mayor Penelas has been very generous in agreeing somewhat voluntarily to share the oversight and the management in the manner in which that it's been outlined. And you know, you've got issues like attorneys that are making huge fees that nobody knows who hired them, nobody knows who they represent, but it appears to me that the usurption was orchestrated by the law firms that are there making well over hundreds of thousands of dollars in reoccurring fees, which nobody can provide an appointment authority for these law firms. So, we're not talking about hundreds of thousands of dollars. We're talking about hundreds of millions of dollars over the 10 -year cycle. And it's just one of those sort of back room things that nobody has ever really stepped up to and say, I'm in charge here. And it seems to me that the City of Miami, being the largest municipality in Dade County, and the Mayor of the City, which the CFR clearly refers to the chief elected officer in these delegations of the Metropolitan area, we need to be of one accord. So, I want to have that meeting, but I want to ask the City Attorney the go to that meeting with me and I'll file a written report. 36 April 25, 2002 Alejandro Vilarello (City Attorney): Commissioner, we did prepare a report to the City Commission that went out on the 23rd. You might not have a copy of it. I'll distribute an additional courtesy copy on the dais. But you're correct, as of right, we don't have -- the City of Miami doesn't have the absolute right to go forward as a recipient. Commissioner Teele: Yeah. But that's not what we were led to believe before. I mean, we were thinking we were doing them a favor by participating. At least, that was the way I heard the issue. Mr. Vilarello: The governor -- if we were a municipality, you mentioned this at a recent meeting -- if we were a municipality with -- in excess of 500,000 residents -- Commissioner Teele: with excess of what? Mr. Vilarello: Five hundred thousand residents. Commissioner Teele: Exactly. Mr. Vilarello: -- we would have as of right. Commissioner Teele: There it is. And, see, all the federal laws are predicated upon cities of over five hundred thousand. Two classes of cities. Those with five hundred thousand, a class of about 20 to 30 cities -- I mean, 20 -- 19 to 20 cities -- 19 to 30 cities, and those under, which is a class of 18,000, 25,000 cities. We're within that 25,000. Chairman Regalado: OK. So, Item 24 is deferred to May 9th, time certain, 10:30 A.M. 37 April 25, 2002 6. DISCUSSION CONCERNING GARAGE SALE PERMITS Chairman Regalado: Commissioner Teele, your blue pages. We have -- Commissioner Sanchez should be here. We have several personal appearances that we're going to take just in a few minutes, as soon as Commissioner Teele -- Vice Chairman Winton: Well, Commissioner Regalado, you want to do yours? Chairman Regalado: If I can. Vice Chairman Winton: Sure. Chairman Regalado: Yes. I really appreciate it. Thank you, very much, Mr. Chairman. We have -- I have a discussion concerning garage sale permits, and the reason that I brought this item here is because I've never done a garage sale, so I want to know. However, in my neighborhood, I see a lot of people doing garage sale. And I've been told -- sometimes I get complaints about people that had been ticketed because they did a garage sale without a permit. Vice Chairman Winton: A permit? Chairman Regalado: Yes, a permit. It seems that you really need a permit to do a garage sale, but that's not the problem. The problem is that to get a permit, you have to go to your NET (Neighborhood Enhancement Team) office, which will be the logical thing to do. In the past, you need to pay twenty dollars ($20), but now you have to pay twenty-three dollars. That probably is not a problem either. The problem is that when you get to the NET Office, you have to fill an application, and they tell you that you need to notarize that application. But they don't have a notary there, so you have to go out and look for a notary and come back to see if they would accept -- I mean, if the person that is there was there during the first visit, is there during the second visit, because if not, you have to visit three times. So, the problem is that, you know what? 50 percent of the people that go to the NET Office and they fill application, when they're told that they have to come back with a notary, they never come back. So, you know, we are punishing the people that want to be within the law, and we are, I guess, inciting the people to do these garage sales, hey, this is a free for all. Vice Chairman Winton: Could I interrupt you for one second, Mr. Chairman? Chairman Regalado: Sure. Vice Chairman Winton: Maybe there's a quick answer to this. Chairman Regalado: It is a quick answer. Vice Chairman Winton: Huh? Chairman Regalado: There is a quick answer. Vice Chairman Winton: Which is, why do we need a notary? Chairman Regalado: Huh? Vice Chairman Winton: Is there some law that requires this kind of notary? 38 April 25, 2002 Carlos Gimenez (City Manager): I'm asking the question, is it in the Code? If it's in the code, then we'll come back and rewrite the Code. If it's not in the Code, we'll just take it out. Chairman Regalado: No. The thing is, somebody thought that a notary should notarize -- this is new. This is relatively new. Mr. Gimenez: OK. Well, -- Chairman Regalado: In the past, you did not need a notary. Mr. Gimenez: Well, I'll I've just been informed that somehow it's in the form. We'll just redo the form. We don't need a notary. I agree with that. That's ridiculous. Vice Chairman Winton: OK. Chairman Regalado: I -- just be careful when you redo the form, not say you need an Attorney. If you don't have an Attorney -- Vice Chairman Winton: Do not give this form to the Law Department. Chairman Regalado: If you don't have an Attorney, you will not -- you need to be represented by an Attorney just in case -- and you need insurance just in case somebody trips and fall in your garage sale and you need a waiver from the City for the people to go into the right-of-way and go into your garage sale. So, next Commission meeting, Mr. Manager, the 9th, are we going to have a response on this item? Mr. Gimenez: You have a response right now. We're going to redo the form. The notary aspect's going to go away. And we won't ask for anything else. Chairman Regalado: But why the raise from 20 to 23? Mr. Gimenez: I don't know. I can get that information for you and we'll come back to you on the 9th on that one. Chairman Regalado: Oh. Handling and shipping, that's -- Commissioner Gonzalez: That might be -- how do they call it? They charge you the three dollars (INAUDIBLE). Chairman Regalado: And administration fees -- Commissioner Gonzalez: The service fee. Chairman Regalado: No. It's an administration fee so they can tell you to go look for notary. Commissioner Gonzalez: Exactly. Chairman Regalado: OK. Juan Gonzalez: Mr. Chairman, Juan Gonzalez. 39 April 25, 2002 Vice Chairman Winton: Because it requires an extra review, so it takes more time. You've got to get more money. Chairman Regalado: Exactly. I mean -- Mr. Gonzalez: Just for -- Juan Gonzalez, Planning and Zoning. One quick correction. It's actually twenty-five dollars ($25) in the actual Code. Commissioner Gonzalez: They added two dollars ($2), you see. Vice Chairman Winton: That's to cover the third visit. Commissioner Gonzalez: That would cost you (UNINTELLIGIBLE) for you -- you know, to complain about the notary public, two additional dollars. Mr. Gimenez: Well, the cost of redoing the form will probably have to be -- no, I'm -- Chairman Regalado: Be added to it. The problem is -- you know — Vice Chairman Winton: Next item. 40 April 25, 2002 7. DEFER: UPDATE FROM ADMINISTRATION CONCERNING CITY'S CO-SPONSORSHIP OF CENTENNIAL OF CUBA'S INDEPENDENCE. (See #12 & 88). TABLED: MS. INEZ WILCOX, MEMBER OF ST. JOHN'S BAPTIST CHURCH TO ADDRESS COMMISSION CONCERNING SCHOLARSHIP FUND (See #13). Chairman Regalado: What is -- actually, my next item -- I will defer to Commissioner Teele, that he wishes to do something at 11:30 in a few minutes. It would be done at 11:30, Commissioner Teele, also Ms. Inez Wilcox, a member of the St. Johns Baptist Church, she wanted to address the Commission. She cannot be here. Maybe in the afternoon we'll hear from her. So, that is, Mr. Chairman, my items. Thank you. Vice Chairman Winton: Thank you. And I give the chair back to you. Chairman Regalado: Thank you very much. 41 April 25, 2002 8. DIRECT MANAGER TO SCHEDULE WORKSHOP ON WEDNESDAY, MAY 8, 2002, 2:30 P.M. FOR COMMISSION TO CONSIDER PRIORITIES OF BOND FUNDS; DIRECT MANAGER TO SCHEDULE ALLOCATIONS OF BOND FUNDS FOR COMMISSION MEETING OF MAY 9, 2002 (See #69). Chairman Regalado: Commissioner Teele, your items on your blue page, District 5. Commissioner Teele: Thank you, Mr. Chairman. Mr. Nachlinger, I'd like to take this as an opportunity to make two motions and I've not conferred with the Manager on this item, but I do think that the two Assistant Managers are most directly involved, Mr. Nachlinger and Mr. Rollins -- is Frank still here? Mr. Rollason are well aware of my concerns. Interest rates have shifted over the last six weeks dramatically, and they're projected to continue to shift. The bond issue more and more is becoming an issue in community meetings. I just hosted a town hall meeting. It's coming up more and more. I don't know if that's across the board yet, but it's coming up. Mayor Martinez does not fail to miss an opportunity -- I'll be with him today at 2 o'clock, in which he continues to say the future of Dade County rests on how well the City of Miami implements the bond issue, and what he's saying is, he feels that any bond issue that the County undertakes to do, they have about one point six -- one point four to one point six billion dollars of capacity that they could issue right now and not raise taxes, just like we did 255, they could do that. Hialeah has got it. And everybody's afraid because they feel like we're not moving fast enough. Well, I had the most unpleasant discovery that I've had as a City Commissioner recently to learn that the senior staff had advised the Manager that the boundaries of the park in Little Haiti had not been decided by this Commission, when we voted on it twice. We voted on it in September. We voted on it in December and, fortunately, the Manager was open minded, and when he had that discussion with me, when we gave him the information, he realized that perhaps the management had not been as tenacious in bringing that information forward to him. I would very much like to get my colleagues to agree to establish a workshop here at the Commission meeting, for the second meeting in May, and a workshop format for one hour, say from two to three, to talk about the bond issue. And then in June -- the first meeting in June, that we take up the bond issue in terms of the allocation for the first crunch. I think, you know, there's too much going on behind the scenes and too much second guessing what everybody wants and at the end of the day, it's all going to have to come up here and be voted on it and I think rather than having a misunderstanding or a collision, we need to move much more aggressively than we're moving, in my opinion. I'm only proffering that maybe we could have a workshop format, the second meeting in May. That gives the Manager about a good two to three weeks to work with our staffs, to work with us individually. Hopefully, the workshop will sort of be a love feast, and then in the next meeting or even call a special meeting, if we're ready, to go ahead and approve this, but I think we've got to show the public that we're doing the right thing here. They voted on this almost six months ago, nine months ago, and at the same time, we've got a problem with Wall Street or we've got a problem with -- not a problem, but a challenge that we need to be careful with interest rates going up. I think we probably lost about five million dollars of capacity over the last three months. You know, and I'm using back of the envelope. If I'm wrong, Bob, I expect you to correct me. But I would say that there has been some diminution of our capacity, if we were to go to the limit. You know, assuming we went to the limit, there has been some diminution of our capacity based upon what's happening on Wall Street. Is that a fair statement? Bob Nachlinger (Assistant City Manager): Yes, sir, that's absolutely correct. Commissioner Teele: OK. So, the time to act is yesterday. If not yesterday, it's certainly now. And what I wanted to do was to see if any of my colleagues had a problem with having an informal workshop, you know, where we can just sort of hear from each other, not make any decision. Everybody can say -- and it's more important because I need to know, for example, what Commissioner Gonzalez wants in his district, and I want to support it. I've said ever since I've had a chance, I think we ought to have a world 42 April 25, 2002 class farmer's market, and I think the farmer's market candidly, ought to be in Commissioner Gonzalez' district because my wife goes over there all the time anyway. It could be better organized, you know. And it's a tremendous farmer's market over there, right now, right off of 20th Street and-- what is that, what avenue, about 12th Avenue? Unidentified Speaker: Twelfth Avenue. Commissioner Teele: Twelfth Avenue. And I think it ought to be something that we ought to be proud of. So, I'd like to be able to support whatever the Commissioners of the district want to do in their own districts. We all have a certain amount of discretionary flexibility. I'm going to tell you right now, I'm going to recommend at least loaning over half of my money, of the five million dollars a loan, because I want to leverage it, get it back, to the YMCA (Young Men Christian Association) if they present an intelligent proposal today. So, that's how I'm -- I'm just saying right now. Each of us have a discretionary five million dollars for capital improvements in the district. I intend to draw down at least three to three and a half million dollars for a loan and get it back, so that, you know, three or four years from now, there will be that money coming back. But we need to go ahead and advance those projects. That's what I'd like to talk about in a workshop format. If it comes up tonight, I'm going to announce it, say it again tonight. But what I'd asked the Manager to do was to bring forth a team of a financial advisors to just basically give us an over view of where we are right now. So, Frank -- I mean, Bob, if you would please, I'd like to know -- I have not met with these people, so -- Mr. Nachlinger: Yes, sir. Bob Nachlinger, Assistant City Manager. I have Sylvia Dunlap, from Dunlap & Associates, the City's -- one of the City's financial advisors. Mr. Ron Williams from Morgan Stanley, who would be the senior underwriter on this deal to make presentation on the sizing and potential issuance, as you requested. Sylvia. Frank Hall: Good morning. My name is Frank Hall. I'm with the firm of Fidelity Financial Services, and joining me today, as Bob just mentioned, is Ms. Sylvia Seaton Dunlap, of Dunlap & Associates. Fidelity and Dunlap & Associates work together as co -financial advisors, providing services to the City. Commissioner Teele: Excuse me, sir. Bob, this is one of the three firms that we selected and approved; is that right? Was it three or four? Mr. Nachlinger: Excuse me. It was three firms, sir. We have (UNINTELLIGIBLE), Dawn Rauscher and Dunlap and Associates, Dunlap and Associates with Fidelity. Commissioner Teele: Fidelity. And so you all have designated them for this issue? Mr. Nachlinger: Yes, sir. Commissioner Teele: OK. Thank you. Mr. Hall: Also joining us today -- Sylvia and 1 today is Mr. Ron Williams, also as Bob mentioned, from Morgan Stanley, serving as underwriters to the City. What we were requested to do is provide assistance to staff in determining the amount of bond proceeds that could be generated for capital projects on the issuance of general obligation bonds, keeping in mind the amount that's currently estimated to be available for revenues to serve as additional debt service cost. What we'd like to do is take a very few minutes and have Sylvia and Ron go through the reports that we have completed for you, that provide information regarding the amount of capacity we think could be -- that's available under this bond issue. First, Sylvia will speak briefly to you. 43 April 25, 2002 Commissioner Teele: Well, you don't need to go through it, just sort of the bottom line, because you can come back on the workshop. We want you to spend time in our hotels here. That's how we maintain our Sylvia Dunlap: Sure. I'll be happy to, sir. Commissioner Teele: --our Orange Bowl activities, and some of this other stuff. But you just heard us agree to sort of a workshop, so we'd expect a detailed report on that at that time. . Ms. Dunlap: Correct. I could tell you, briefly, that we assumed a current interest bond scenario, one time coverage, 20 -year bond issue, and that would provide a hundred and nineteen million dollars in your project fund, with a revenue constraint of seventeen point four million dollars per year in ad -valorem taxes or unlimited taxes that you have allocated to meet this debt service and your existing debt service. If you're assuming one time debt service coverage, your project fund would be about a hundred and three million dollars. Commissioner Teele: If you had done this three months ago, back of the envelope, what would that 103 be, back of the envelope? Ms. Dunlap: Probably like -- Commissioner Teele: You want to confer with your -- you want to confer with your colleague? You want to confer with her? Why don't you all agree before either one of you say a number. Mr. Hall: I think we're on the same page. The -- as you mentioned earlier, you're absolutely correct. Over the last six, eight weeks, rates have trended higher and therefore, obviously, have impacted in adverse fashion your capacity. So, your hundred and three that Sylvia referred to would have been somewhat higher. Also, probably only fair to say that -- Commissioner Teele: One -o -eight and one -o -ten? I mean, 108, 110? Mr. Hall: Or even higher, 111, or 12, possibly, based on the way rates have gone. However, it's probably fair to say that yesterday rates dropped substantially, but still most economists seem to think, over the near term, rates are going to continue to turn higher. Vice Chairman Winton: And economists have always done a great job of projecting those things. Chairman Regalado: Commissioner, I have a question before -- Commissioner Teele: Excuse me. So that the public is clear, the number that everybody is sort of comfortable with is somewhere right now today -- and we don't know where it's going to be in May or June -- June, when we vote on this, if not before -- we said workshop when, in the second meeting in May, we'd be voting in the first meeting in June or before. We don't know where the rate's going to be then. And we certainly won't know when the rates are going to be -- where the rates will be when the underwriter goes out on the market. So, that's the bottom line date. But we're looking at at least 60 days at the schedule that we talked about now, with a clear indication from all economists of all the major houses on Wall Street, that they expect rates to continue to go slightly up. Mr. Hall: That's consensus. 44 April 25, 2002 Commissioner Teele: OK. OK. Today is 103. In July, when we go out on the street, it could be 90 or 95 or some other number. Mr. Hall: Could be. Commissioner Teele: But it's undoubt -- it's unlikely it will be 115, is that a fair statement? Mr. Hall: That's a fair statement. Commissioner Teele: OK. So, we're realistically looking at a hundred million dollars of capital without raising anybody's taxes, and having a reasonably conservative approach based upon some modest downturn that we don't see in property values. Mr. Hall: Right. Now, probably only appropriate that I share with you and I give Ron -- allow Ron an opportunity to speak, what Fidelity and Dunlap did was we took a very simple straightforward approach. No bells and whistles on this structure. Plain vanilla, if you will, in arriving at the number we came up with in completing our analysis. What you're underwriters have done is put couple bells and whistles on it, on (UNINTELLIGIBLE) get -- would increase the amount of capacity you have. So maybe you -- you may want to hear from Ron. Commissioner Teele: I think we ought to hold him until the workshop. Vice Chairman Winton: Well, I need to understand something here, and you might have said it and it just missed me. It seems to me that I've been hearing all along that in the first trench, the most we're going to get is fifty, sixty million dollars, and now we're talking about a hundred million dollars, little more than a hundred million, is that correct? Mr. Hall: Yes, sir. We're talking at this point about issuing capital appreciation bonds, as opposed to current interest bonds. When you do that, you don't have to pay the interest up front and correspondingly, the capacity for your issuance grows almost exponentially. Vice Chairman Winton: And you pay the interest when? Mr. Hall: You issue the bonds -- kind of like treasury bills. You issue them at a discount. A five thousand dollars bond, due in 20 years, you might pay a thousand dollars for it. And when it matures, then you get five thousand. Vice Chairman Winton: OK. Got it. And how quickly can we get these bonds sold? Mr. Hall: Sixty to 90 days. Vice Chairman Winton: It's going to take that long? OK. Because what I wanted to understand is -- I didn't think that there is a direct relationship between what we're doing and them going out. You know, if they can get out tomorrow, we want them out. Commissioner Teele: No. That's not (INAUDIBLE). Vice Chairman Winton: Why? Why? Yes. I mean, there is no reason for us to -- we could call an emergency meeting if these bonds got issued tomorrow and make the decisions about what we're spending it on. So, for us to wait for getting these bond issued before -- and then we have some meetings, that doesn't make any sense to me. 45 April 25, 2002 Commissioner Teele: Johnny, I put this on the agenda because my frustration is all this is being done by the Manager and the Manager's staff -- the way bond deals are normally done, which is very thoughtful, very deliberate, very structured. The way this issue went on the agenda -- went on the ballot, was not done that way. Remember, we had set aside -- we were going to have this big study, this capital needs study, and we were going to study the capital needs for the next 18 months? Remember all of that? And then all of a sudden, you and I just sort of said, you know, there's an opportunity here. We ought to seize it. Commissioner Sanchez agreed. Commissioner, I guess, Gort at that time agreed. The Chairman agreed. And we all went forward. And we got lucky as heck. You know, we got very lucky. The concern that I have is a concern that you have, and that is, in getting lucky, we changed our own timeline, but we've not changed the manner in which -- we've not given the Manager any additional instructions. So, unless and until today we do something different, that's the timeline that they're looking at. I happen to take the opinion you take and that is, we ought to instruct the Manager today to come back to us in May or on the 9th and maybe rather than having a workshop on the 9th, we ought to agree to have a workshop some time before the 9th, voluntary or non -voluntary, and on the 9th, we ought to vote on this thing. But right now, they can't go out with bond -- can you all go out with bonds for an amount of money based upon the legislation that we've approved to date? Mr. Hall: No, sir. Commissioner Teele: So, Commissioner Winton, just understand that until we do our job, OK, they can't do anything -- Vice Chairman Winton: What's our job? Commissioner Teele: Our job is to instruct them on what the policy is in terms of debt ratio, in terms of essentially, one number, what the capacity is we'd like to go out for. Vice Chairman Winton: All right. Commissioner Teele: And we've not given them any instructions. They are doing this now on automatic pilot, the way government normally works, and they're not doing anything wrong, in my judgment. Vice Chairman Winton: Then why don't we give them instructions today? I still am struggling with why we're waiting 90 days. Why we're doing anything other than -- Commissioner Teele: I think, in fairness, to the Manager, the Manager came forward with a recommendation. It was a totally different structure. It infuriated a number of the Commissioners. It scared the heck out of me and I -- I was very fearful that this Commission was going to melt down, and I think it would have melt down if we had taken up those recommendations. Vice Chairman Winton: But your -- you and I are on two different wave lengths here. You're -- you continue to lump the prioritizing of the projects in with when we're going to go out. I'm not doing that at all. Commissioner Teele: OK. Let me just say this, Johnny. Vice Chairman Winton: Because we're -- Commissioner Teele: Johnny, they can't go out for anything until we instruct them on how much money - 46 April 25, 2002 Vice Chairman Winton: Precisely. Commissioner Teele: And you instruct them on how much money to go out with if you want to keep your rating -- Vice Chairman Winton: Yeah. Commissioner Teele: -if you want to keep your rating, and you're good reputation in Washington -- Vice Chairman Winton: I understand all that. Commissioner Teele: -- I mean, on Wall Street We're developing with a thoughtful process of what it is we're going out for. You don't just go out for a blanket amount of money. You go out with a program of projects, and we've not done that. Vice Chairman Winton: We have a program of projects. Commissioner Teele: No, we don't. Vice Chairman Winton: We have two hundred and fifty million dollars ($250,000,000) worth of them and we can get a hundred million now. What's the issue? Commissioner Teele: What one hundred? That's the issue. Vice Chairman Winton: What one hundred? Commissioner Teele: Which one hundred? Vice Chairman Winton: We have to decide that. Just because we haven't decided that, doesn't mean they couldn't be moving with all due haste to get those bonds sold, and that's what our instructions ought to be. Commissioner Teele: Johnny, I rarely disagree with you, but let me just say this. Wall Street is going to watch -- the credit agencies are going to watch how we conduct ourselves in the first bond issue since the shut down of the City. We have not been able to go out because we didn't carry ourselves right. Remember, the shut down of this City -- Vice Chairman Winton: I understand all this. Commissioner Teele: -- was based on bond issues. Until -- Johnny -- Vice Chairman Winton: Yeah. It was about bond issues using the money for something they're not supposed to. We already know what the money's supposed to go to. We have a series of projects. Commissioner Teele: OK. So that's the point. So, what is the projects -- Vice Chairman Winton: We have two hundred and fifty -- Commissioner Teele: Johnny, you can't have it -- no. Vice Chairman Winton: Then I'm -- then I will -- 47 April 25, 2002 Commissioner Teele: You can't have it both ways. Vice Chairman Winton: Then I will move a motion that we have a meeting tomorrow or the next day to make the damn decision on which projects you want in your priority list first, so that we can get the damn bond issuance out while -- you just said, rates are trending up. That was your primary point. You said it 10 times. Commissioner Teele: Johnny. Vice Chairman Winton: If rates are trending up and they dropped yesterday, then we ought to be moving as fast as we can to get this bond issue moving. Commissioner Teele: Johnny, I would support any motion that gives the Manager one week to consider any deliberations or discussions today for a special meeting, but I think we need to be extremely thoughtful. We need to understand that how we -- this conversation, this dialogue is going to be reviewed by the credit agencies. We don't need to go out with a hundred million dollar bond issue. We need to go out with a bond issue of "X" number of projects that total a hundred million, and there's a world of difference between those two things. We have got to agree on the need and the necessity and what those dollars are going to spent for -- as a part of the statement -- as to what it is we're asking them to do. Vice Chairman Winton: Then have a meeting and do it now, instead of waiting 90 days. Commissioner Teele: I'm in agreement. Vice Chairman Winton: I mean, I'm not sure that I agree with the fundamental statement, but I'm going to accept that at face value, that the fundamental statement is correct, that you absolutely have to have every line item of those figured out ahead of time or the bond -- Commissioner Teele: Johnny, I didn't say every line item. Vice Chairman Winton: -- or the bond rating -- the bond agencies are going to think we're doing something wrong. So, if that's correct -- Commissioner Teele: I didn't say every line, but you've got to agree on what the projects are that we're going to do, and you can't say, "We've got 255. Just go do it." We need to know -- because a lot of that is going to determine whether or not you're going to have an arbitrage factor. If we start talking about projects that are going to be completed in eight years, we're going to have somebody back there saying, I don't recommend you do that. Is that right, Mr. Financial Advisor? Mr. Hall: That's absolutely correct. Commissioner Teele: And somebody wants to do water and sewer projects. Somebody wants to go out here and do a bunch of water and sewer projects. Ms. Dunlap: We need discussion. Commissioner Teele: If you've not done the capital for it, if you don't have an engineering drawing for it, you better be damned careful or you better sit down with the underwriters and the financial advisors before you -- we vote on that commitment. 48 April 25, 2002 Vice Chairman Winton: Then they need to be at the meeting. Carlos Gimenez (City Manager): Commissioner. Commissioner Teele: Of course. Commissioner Sanchez: Of course. Mr. Gimenez: Commissioner, that's exactly what we're doing right now, the background work so that we - - when we come to you, you will know exactly what, in our estimation, the timelines are for each particular project, OK, so that we don't issue bonds for a project that is eight years out. So, that's part of the work that we're doing now. We should have that completed -- our background work should be done within a week, and we were going to go individually to you all and get your recommendations and your opinions and try to mesh that all together and then finally come to a meeting where, here are the projects, here are the timelines, and then get some direction from the Commission as to which projects you want first. Then we have that tabulated. Then we issue the bonds. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: Timing is everything here. And let me just say the ball is in our court now. You know, the voters voted. It's in our court. I agree, we need to be very cautious on it. I'm all for a workshop in getting the items prioritized of what we want. But let me just say something. We hired the experts to tell us what to do here. So, you know, the administration will come and meet with us. I mean, I -- time is very important here. If you want to have a workshop, doesn't have to be -- could it be in May or any time soon? Commissioner Teele: I move that we have a workshop, pursuant to what Commissioner Winton said, 2:30 on May -- Tuesday, May the 7th. Vice Chairman Winton: As soon as he -- and we will have this stuff done. Commissioner Teele: That gives them a full week. Vice Chairman Winton: And you'll be done by then. Commissioner Sanchez: That's a second. Second. Vice Chairman Winton: Make sure the Manager has his stuff done that we need, right? Chairman Regalado: You're talking -- Vice Chairman Winton: A. week. Chairman Regalado: Are you talking about a Special City Commission meeting? Commissioner Teele: No. I said a workshop. That means it's voluntary. It should -- Chairman Regalado: A workshop on the sunshine here. 49 April 25, 2002 Commissioner Teele: Here in the chambers on Tuesday, at 2:30, May 7th, with an intent to vote on Thursday, May the 9th. Chairman Regalado: OK. Mr. Gimenez: We can make that time, sir. Commissioner Sanchez: Mr. Chairman. Vice Chairman Winton: I won't be in town on Tuesday, May 7th. I'm out of town Monday and Tuesday. Vice Chairman Winton: You won't? Commissioner Teele: When will you be in town? Vice Chairman Winton: I can do it Wednesday. Commissioner Teele: Then Wednesday, May -- Vice Chairman Winton: May 8th. Chairman Regalado: Wednesday, May 8th, at 2:30 in the afternoon. There is a motion -- Commissioner Teele: The intent -- with the intent of a final vote on Thursday, May the 9th. Chairman Regalado: OK There is a motion and a second. Vice Chairman Winton: Second. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-468 A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE A WORKSHOP ON WEDNESDAY, MAY 8, 2002, 2:30 P.M. FOR THE CITY COMMISSION TO CONSIDER PRIORITIES OF BOND FUNDS; FURTHER DIRECTING THE MANAGER TO SCHEDULE ALLOCATIONS OF THE BOND FUNDS FOR THE COMMISSION MEETING OF MAY 9, 2002. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. 50 April 25, 2002 NAYS: None. ABSENT: None. Chairman Regalado: We'll do that. Mr. Nachlinger: Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Nachlinger: May I offer a compromise solution? There is a way to get today's interest rates, no matter when we issue the bonds in the future, by purchasing from the underwriter an interest rate cap at this point, which will guarantee us today's market rate at any time in the future that we issue these bonds. Commissioner Teele: I would so move that the Manager be instructed -- Commissioner Sanchez: Second. Commissioner Teele: -- to prepare the documents to be taken up immediately following the meeting regarding the Camillus House this evening. Vice Chairman Winton: And we need to know the costs. What's the cost of that? Commissioner Sanchez: What's the cost? Rawn Williams: It would depend on -- it's called basically a hedge. So, what you would do is lock in today's interest rates. Now, obviously, as you ask, there is a cost to do that because you're asking us to guarantee a rate based on today's market. Vice Chairman Winton: I understand. Mr. Williams: -- that you're going to issue the bonds some time in the future. Vice Chairman Winton: I understand. Mr. Williams: I would have to talk to my underwriting desk to figure that out. Commissioner Teele: Sir, if you listen to what I just moved, you've got more than enough time. We'll be here tonight until 1 I -- this item will come up tonight around 9 o'clock. Mr. Williams: OK. Commissioner Teele: Will that give you enough time? Mr. Williams: I could find out in about 15 minutes. Commissioner Teele: OK. But it's going to come up at 9 o'clock. So, you can cancel your flight out. Mr. Williams: OK. 51 April 25, 2002 Commissioner Sanchez: And stay in the City. Mr. Williams: I actually planned to stay here anyway, so that works fine. Chairman Regalado: Mr. Manager -- Mr. Williams: I would need -- excuse me. I would also need to talk with Mr. Nachlinger and the Manager about -- Commissioner Teele: Of course. You're going to have all afternoon to work that out. Mr. Williams: OK. Great. No problem. Chairman Regalado: Mr. Manager, we took this to the voters and you -- I remember that every time that you went to the radio you -- one of the components -- and this is why we got lucky -- is that there will be an oversight committee. The members appointed -- at least by me -- have not received any information at all from the City regarding the bonds, and I wonder if we understand that this was approved by the voters and they need to give us their blessings. Has anybody from the Manager's office talked to the members of this oversight board? Mr. Nachlinger? Mr. Nachlinger: The Bond Oversight Board? Chairman Regalado: Yes, sir. Mr. Nachlinger: No, sir. I don't believe that they're all appointed yet. Chairman Regalado: You understand that the voters did approve an board oversight? Mr. Nachlinger: Absolutely. Chairman Regalado: And you would think that we need to at least hear them? Commissioner Sanchez: Meet with them. Mr. Nachlinger: Absolutely. Chairman Regalado: Meet with them. Mr. Nachlinger: Certainly. It's our intention to do so. Chairman Regalado: When? Before we approve the projects or -- I mean, this is a component of what the voters -- I mean, the voters trust what we told them, the Manager told them, that this Oversight Citizens Board will have a very large part in this bond issue. Mr. Nachlinger: Yes. To ensure that we handle it correctly. Mr. Gimenez: Mr. Chairman, I have some further information. Frank Rollason, who was appointed by me as the liaison to that board, he says that he's got most of the material ready. However, some of the seats have not been filled, and if you want us to go ahead with the members of -- Chairman Regalado: I said -- if you listen to what I said, I said, my two appointments -- 52 April 25, 2002 Mr. Gimenez: Yes, sir. Chairman Regalado: -- have never heard anything from the administration regarding -- Mr. Gimenez: We will give the information to the seats that have been filled, but there are still some seats to be filled, and until all the seats are filled, we also need -- the Mayor then could choose a chairperson from that group, so we'll get the information to those -- those appointments that have already been made. Chairman Regalado: But I -- like again, I didn't say meeting of the oversight board. I said the board members have not received any information from the administration. Mr. Gimenez: Yes, sir, and we will get them that information. Chairman Regalado: OK. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: Isn't this board supposed to be an advisory board? Chairman Regalado: It is supposed to be an oversight board. Commissioner Gonzalez: Oh, an oversight board. Chairman Regalado: Which is different than advisory. Commissioner Gonzalez: OK. So, actually, this board -- these people that we appointed and my appointment -- my appointments haven't received any information about anything related to the boards so far, so, we appoint these citizens to become a part of the advisory board or the oversight board. They're not -- they haven't been informed of anything. They haven't had their first meeting. They don't even know what is going on, and we're talking about having a meeting ourselves to decide what we're going to do with the money, what kind of projects we're going to do in our districts, so, what is the sense of having a vote or having a -- are we going to do as we usually do with other boards, that we nominate people just to cover the -- you know, the public opinions that we have -- that we give people participation, and then we don't listen to their concerns or their recommendations? Chairman Regalado: Not in this day. Commissioner Gonzalez: Let me tell you. There is a big confusion about this bond issue. In conversations with the Manager, the Manager has told me that citizens voted on certain things that were not even in the ballot, and we had that discussion yesterday. I mean, you know, we -- first we're going to need to pull out the ballot, see what the people voted on, so we don't get all confused about it. Because, you know, you told me that the citizens voted for this and that and that and the other thing, and when we look at it, the things that you mentioned were not on the ballot, OK? Chairman Regalado: The citizens -- 53 April 25, 2002 Commissioner Gonzalez: So, you know -- and whenever -- as it happens to you when you're on the radio, whenever I go to the radio program, I've been asked the same question over and over and over and over and over again. How's this money going to be distributed? What projects are going to be done with this money? What is going on with this money? Because we were told by the Manager and by the Assistant City Manager, by Chip Iglesias, when they came to the programs, that the money was going to be implemented this way and this other way, and that it was going to be shared equally and blah, blah, blah, blah, blah, blah, and now the citizens, at least the people that I talk to, have a different perception of what is going on with this money and what is going to happen with this money, so, we need to be clear exactly from the Manager at some point -- you know, we need to know exactly what's going on. I mean, what was approved or wasn't approved and how is this going to be handled so we can go back to the people and tell them exactly what's going on, and I didn't vote on the bond issue. I was not a Commissioner. I mean, this is something of the past. You all here voted for it. You decide how the spend it or how to present it to the citizens, but today I have to face the people because today I'm representing District 1. It's not Commissioner Willy Gort. So, you know -- Chairman Regalado: No. Commissioner, we did not vote in any project. Actually, the people of Miami did not vote in any specific project. They voted on neighborhood enhancement and defense. Commissioner Gonzalez: I'm glad that you put that on the record, because according to the Manager, the people voted on a specific projects, OK? So, I'm glad that you -- that you make that clear on the record. Chairman Regalado: It's 45 words, 60? Alejandro Vilarello (City Attorney): Mr. Chairman, you're correct. The question was a general statement of the nature of the projects that would be funded by the bond issue. However, there was a resolution that was adopted at the time with an attachment -- Chairman Regalado: I said -- Mr. Vilarello: -- which detailed -- Chairman Regalado: I said the people didn't vote for any specific project. Within the question there was the creation -- an oversight board from citizens. My complaint is that the administration or the persons designated by the Manager have not really taken seriously the oversight board created by the voters, and I think it was a component. Commissioner Sanchez: Mr. Chairman. Mr. Gimenez: Mr. Chairman, I'm going to take exception to that. We do take that oversight board very seriously. Like I said, not all the seats have been filled, and probably not even the majority of the seats have been filled, and that issue is something that the administration has no control over. Commissioner Sanchez: Mr. Chairman. Mr. Gimenez: So, as soon as -- we will give them-- the information to the people that are sitting right now, but I will tell you that there are a number of those seats that have not been filled, and until we fill those seats, we can't get them to start working, so, that's our position. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. 54 April 25, 2002 Chairman Regalado: Before Commissioner Sanchez. I don't know how to explain myself. I've never talked about a meeting. I never said about them working. I said getting information to them. Mr. Rollason: Commissioner, that's my oversight. I mean, I look at it that -- I've been working with the City Clerk diligently -- Chairman Regalado: The City Clerk should tell you that I appointed my two appointments. Mr. Rollason: And she has done that. I have the list. I have taken the position that with working with her, that once I got all the names, and once the Mayor has named the chair, that I would send a letter out to them and say, this is what's happening. What's your pleasure on meeting? And so forth. I will get a letter out by tomorrow to the people that are sitting there now, telling them what the status is, that we're still waiting for some positions to be filled, for a chair to be appointed by the Mayor, and when that happens, I'll get back with them and we will set up a meeting. Chairman Regalado: OK. Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. Madam Clerk, can you provide us, the Commissioners, with a list of their appointment or open appointments so maybe by today, at the end of the day we could appoint and have that advisory board filled with appointments so we could expedite the process. Commissioner Teele: Good point. Priscilla A.Thompson (City Clerk): Yes. Commissioner Sanchez: Thank you. Ms. Thompson: Yes, Commissioner. Chairman Regalado: Before going to the regular agenda, we need to vote on the consent agenda. Did we vote? Madam -- we did vote. Commissioner Gonzalez: I believe already -- we already did. Chairman Regalado: OK. I'm sorry. We have some personal appearances. Commissioner Teele: Mr. Chairman. Chairman Regalado: Mr. Jeff Rubin is here or was here. He wanted to -- 55 April 25, 2002 Chairman Regalado: We have some personal appearances. Commissioner Teele: Mr. Chairman. Chairman Regalado: Jeff Rubin is here or was here. He wanted to -- Commissioner Teele: Mr. Chairman, before he comes up, could I move resolution number two, the amendment that waives the circulation requirements for newspapers published in Spanish and Creole? Vice Chairman Winton: So moved. Chairman Regalado: Oh, yeah. Commissioner Gonzalez: Second. Chairman Regalado: That's your second. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): "Aye." Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-469 A RESOLUTION OF THE CITY OF MIAMI COMMISSION AMENDING RESOLUTION NO. 02-288 WHICH ESTABLISHED MINIMUM QUALIFICATIONS FOR PUBLISHING CITY SUPPLEMENTAL OR COURTESY PUBLIC NOTICES IN COMMUNITY-BASED NEWSPAPERS TO AUTHORIZE THE CITY MANAGER TO WAIVER THE CIRCULATION REQUIREMENTS FOR THOSE NEWSPAPERS PUBLISHED IN SPANISH AND CREOLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 56 April 25, 2002 Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None ABSENT: None 57 April 25, 2002 10. AUTHORIZE AND DIRECT MANAGER TO AMEND LEASE WITH UNITED STATES SAILING CLUB TO ALLOW SAID GROUP TO RELOCATE CERTAIN ROYAL PALMS ABOUT 75 YARDS, SUBJECT TO CONDITIONS. Chairman Regalado: Personal appearances. We have -- well, Jeff Rubin wanted to address the Commission. Are you here? OK. Go ahead. He needs to go. And we're going to try to do personal appearances quick, so we can accommodate the people. Because, remember, we have a very packed agenda in the afternoon, the CRA (Community Redevelopment Agency) meeting, the public hearing, and PZ (Planning & Zoning) items. Go ahead, sir. Jeff Rubin: Yes. Thank you. My name is Jeff Rubin, 2699 South Bayshore Drive, in Miami. I'm Chairman of the United States Sailing Center, and the United States Sailing Center has a lease with the City of Miami, which has been approved by the United States Sailing Association and the U.S. Olympic Committee. Presently, we're building a building, completely donated funds, on the south end of Kennedy Park. Our lease provides that we cannot remove or take any trees down without the City's approval, royal palms, specifically, as stated in the lease, so what we're doing is, we're coming in front of the City today and asking that -- there are three royal palms. I've got a picture here. It's not a great picture, but it identifies the royal palms that are located very close to the building that we're building. One is located right at the corner of the roof and we can't finish the roof. So, we'd like to be able to move that royal palm. There's a second royal palm, which is right in the middle of the driveway to be, and there's a third royal... which is just on the outside of the driveway to be, but you'll see that there's garage spares here and that's going to be used for coaches' boats. And in order to back the coaches boats into the garages, we need a lot of room because the boat hooks up to a vehicle. And, so, what we're asking of the Commission is their approval to amend our lease to allow us to move these three royal palms about 75 yards away. There's a line of three -- of other royal palms. If you picture in your mind, 1, 2, 3 and 6 -- well, 3, 4, 5 and actually one on the other side are missing, so all we're doing is just taking them, moving them over to replace other royal palms that have died. Chairman Regalado: OK. Commissioner Winton. Laura Billberry: Hi. Lori Billberry, Director of Asset Management. We did have someone, an arborist, look at the trees, and it is very likely that they could survive replanting if it was done properly. So we're recommending approval of the lease amendment, but we would like to update our conditions to include a couple of things. We'd want to -- the City to approve the methodolgy that's being used and the company that would be used to make sure that they're qualified to do this work; that the U.S. Sailing Center would guarantee the relocation. And in the event the tree should die, that they would have to provide a replacement tree. In the event a replacement tree is not available -- because these trees are larger in nature because of their age -- that they would have to provide two trees, if they were only able to provide smaller trees. Mr. Rubin: I've already contacted a company and met with them two days ago. They're a licensed and insured company by the name of Phil Corp Landscape, Inc. The president, Phil Prezezo (phonetic), has done these types of movements before, and has said that his success rate is very high. Vice Chairman Winton: Well, I think the issue is, you just -- we don't need that detail. The condition here for our approval is that whoever that is -- and y'all will have to talk about it -- Mr. Rubin: No problem. Vice Chairman Winton: -- but they have the right to approve that contractor, so -- 58 April 25, 2002 Mr. Rubin: No problem. Vice Chairman Winton: And what were the other conditions? Ms. Billberry: City's approval of the methodology, and the company guaranteeing the relocation; substituting comparables trees in the event they die, but in the event they can't find exactly a comparable tree, that they would provide two trees. Also, they would obviously have to pull all applicable permits. Vice Chairman Winton: Right. Mr. Rubin: No problem. Vice Chairman Winton: OK. So moved. Chairman Regalado: OK. There is a motion, amending the contract. And we have a second by Commissioner Sanchez or Commissioner Gonzalez. All in favor -- Alejandro Vilarello (City Attorney): Commissioner. Chairman Regalado: Yes. Mr. Vilarello: Of course, they will have to comply with the City Code with regard to any permits that are necessary to be pulled. Chairman Regalado: Yes. She said that. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-470 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE UNITED STATES SAILING CLUB TO PERMIT THE RELOCATION OF THREE ROYAL PALM TREES, SUBJECT TO THE FOLLOWING CONDITIONS: (1) THE CITY OF MIAMI SHALL APPROVE THE SELECTION OF THE COMPANY AND METHOD FOR RELOCATION OF THE TREES; (2) THE U.S. SAILING CLUB SHALL REPLACE A TREE THAT DOES NOT SURVIVE RELOCATION WITH A TREE OF EQUAL SIZE, OR TWO TREES OF ANY SIZE IF A COMPARABLE TREE IS UNAVAILABLE; AND (3) THE U.S. SAILING CLUB SHALL OBTAIN ALL REQUIRED PERMITS FOR THE RELOCATION OF THE TREES. 59 April 25, 2002 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. 60 April 25, 2002 11. REPRESENTATIVE(S) FROM GRAN LOGIA DE CUBA REFERRED TO ARTS AND ENTERTAINMENT COUNCIL CONCERNING PLACEMENT OF MONUMENT ON MEDIAN AT S.W. 33RD AVENUE AND S.W. 8TH STREET. Chairman Regalado: OK. We have, as a personal appearance, a representative from Gran Logia de Cuba to address the Commission concerning the placement of a monument at the median of Southwest 33rd Avenue and Southwest 8th Street. Vice Chairman Winton: What item is that? Chairman Regalado: It's item 4. I'm dealing with the personal appearances from the administration. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: I think we need to amend our ordinance. I think we need to require anybody who wants to do this, to first go before the board that we created to hear it. I think once we start pontificating and giving our views -- personal views on it, it really does obliviate or obviate the necessity of having a board, because they're going to be listening to us. If they don't listen to us, we're going to be mad -- I'm going to be mad. And I think we ought to -- we've established a process. What's the name of this committee? I think you created it. Chairman Regalado: What committee? Commissioner Teele: There is a committee now in place, where all of these public artifacts are suppose to go before. It was like a culture -- Chairman Regalado: Oh, yeah. That's the Cultural And Entertainment Board, which, by the way, needs to have all the appointments ready so we can start -- Commissioner Teele: And what I'm calling for, Mr. Chairman, is an ordinance that requires that no person may appear before this Commission without some kind of unanimous waiver or something, unless and until they've gone before that board and made their presentation. And when they come before us, that board's recommendation should be there. Otherwise, we obviate the need for that board. If you think -- Chairman Regalado: Right. Commissioner Teele: If you think it's a good idea, and she says she thinks it's a good idea, I think it's a good idea and somebody else says something else, then why have a board? Chairman Regalado: Absolutely. This was placed by the administration. It was requested through the administration. I don't know how it got on the agenda, but you're right, but since they're here, let's -- Commissioner Teele: Let's hear from them. Chairman Regalado: Let's hear from the representative. They need a translator OK. (COMMENTS IN SPANISH) 61 April 25, 2002 Commissioner Teele: What's the name of the board? Chairman Regalado: Cultural and Entertainment Board. Commissioner Teele: Did I say the thing on the Cultural and Entertainment -- Chairman Regalado: Excuse me. You can use this to translate and for them to -- go ahead. (COMMENTS IN SPANISH). Priscilla A. Thompson (City Clerk): I'm sorry, Mr. Chairman. We need to have the interpreter put his name on the record. Note for the Record: The following comments were translated by Interpreter Juan Mourin, Sr. Unidentified Speaker: 140 Northwest 35 Avenue. Commissioners, last year we wrote a letter to the Mayor to have him to do a monument. All the martyrs of Cuba that have died during in this 43 years. In an extraordinary section of the great (UNINTELLIGIBLE). We agreed to do this work to be able to obtain, of which the administrator asked of us the plan for such monument. We did the plan and the City of Miami gave us certain addresses where we could take one of them. We decided for 33rd Avenue and Southwest 8th Street. And there were awaiting and we were solicited to come here. Chairman Regalado: OK. Mr. Manager. Carlos Gimenez (City Manager): Yes, sir. Chairman Regalado: They say that they have provided you with the plans. Would it be the Public Works Director? Mr. Gimenez: Yes, sir. Chairman Regalado: Do you have the plans? John Jackson (Acting Director, Public Works): John Jackson, Director of Public Works. We have reviewed the plan, Public Works perspective. This is a 23 -foot wide monument that's six feet high and, on top of that, at the apex, it goes up I 1 feet. We just believe that it doesn't naturally blend in with the neighborhood and the establishments of the neighborhood. That's just our opinion. Chairman Regalado: What are you saying? You don't approve of the plans? Mr. Jackson: Well, we would like to yield to the Planning Director, as far as the master plan for the community. This is a pretty large monument to be in a right-of-way. Commissioner Teele: This needs to go to that committee. If we hear it, then we don't need to send it to that committee. It's not fair to the committee. Chairman Regalado: We don't (INAUDIBLE) Commissioner Teele: Yes, we do. Chairman Regalado: Is it in place? Let me say this. I think Commissioner Teele is right, that we need to discuss this before the different boards. And, so, let's have them go to the Cultural and Entertainment 62 April 25, 2002 Board, present their plans, and then the board will make a recommendation. The Planning Director should be there or her representative to discuss the administration's view when they go before that board and then whatever happens, they need to come back to the City Commission for final approval or final decision. OK. Unidentified Speaker: OK. Chairman Regalado: OK. Thank you very much. Just a point of clarification, Mr. Manager. The Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; it has 15 members. Commissioner Winton has appointed one person. Commissioner Sanchez has appointed to two persons. Commissioner Teele has appointed one person. Commissioner Gonzalez has appointed two persons. Commissioner Regalado has appointed two persons. We need to get the -- the Mayor has appointed one person. We need only four more appointments from the Mayor, one from Commissioner Teele, one from Commissioner Winton, and the board will be done. So, as of this morning, we have one, two, three, four, five, six, seven, eight, nine members out of 15. That's a quorum. Is it a quorum, Mr. City Attorney? Nine out of 15, is it a quorum? Alejandro Vilarello (City Attorney): Quorums are set individually in each ordinance, so I'm looking at that quickly, so it's a majority of the members is a quorum. Chairman Regalado: That's it. That was my point. 63 April 25, 2002 12. CENTENNIAL OF CUBA'S INDEPENDENCE, GRANT WAIVE FEES, $9,561, AND IN- KIND FOR RENTAL OF CHAIRS AND SOUND SYSTEM; INSTRUCT POLICE, FIRE AND SOLID WASTE TO COOPERATE AND PROVIDE ALL NECESSARY SERVICES; REQUEST MANAGER GRANT LIBERAL LEAVE HOLIDAY FOR EMPLOYEES WHO WOULD LIKE TO CELEBRATE ON MAY 20TH CUBAN INDEPENDENCE (See #7 & 88). Chairman Regalado: It's 11:30. Commissioner Teele had requested that at this time, he'll be recognized to deal with an item regarding the Centennial of Cuba's independence. As a background, we in the City Commission approved for the City to co-sponsor any activities regarding the background -- I'm sorry -- the celebrations of the Centennial of Cuba's Independence, which is May 201h of the year 2002. We have here Rafael Penalver, Esquire, and he's one of the directors of the Centennial Committee; Dr. Rosa Leonor Whitmarsh, she's also the director. Mr. Manager, if -- would you be so kind to direct the Media Relations Office to write a press release of this presentation by Commissioner Teele to be distributed to all media outlets, plus individual video clips, if the stations wish to air this at a later date. Commissioner Teele -- Commissioner Teele: Thank you, Mr. Chairman. And in deference to the time schedule that you have, we'd like to try to get this completed before you leave. Mr. Chairman, I'd like to acknowledge that you have on the agenda an item, which I would hope we'd take up before you leave, relating to the administration's sponsorship or co-sponsorship of the Centennial of Cuban Independence. Mr. Chairman, I want to acknowledge the three members of the Commission that clearly have Cuban -American ancestry, and thank each of you for the great honor to allow me to say just a word under my sponsorship of the importance of the centennial. A centennial occurs once every 100 years. And I think everyone can recognize that 100 years of passing is a point that we should all pause and take note of. It was just some three to four years ago that the City of Miami, as a City, celebrated its centennial. And I'm very grateful for the fact that those centennial celebrations and the activities that were undertaken then are still being -- taking place to this date. In fact, this coming Sunday, there will be the annual pilgrimage from St. Agnes Church on 3`d Avenue and 17"' Street to the City Cemetery, where we will honor the founders of the City, and so 100 years is a very important point, a point which we all, as civilized individuals take note of and respect each other's culture. Before I say anything, I'd like to hear from the Chairman of the Cuban Centennial Committee, Dr. Rafael Penalver, who, of course, needs no introduction, but who would like to just sort of outline from the committee's point of view why this is important. And thank you, Dr. Penalver, for being present. Dr. Rafael Penalver: Thank you so much, Commissioner Teele. Commissioner Teele: Please give your name, address and title for the record. Dr. Penalver: Rafael Penalver, 800 South Wind Way, Coral Gables. I'm a member of the Cuban Centennial Committee and President of the San Carlos Institute in Key West, the Cuban Heritage Center in Key West, and I am very grateful to Chairman Regalado, to the members of the Commission, to my old classmate from Columbus High, Carlos Gimenez for the great interest that the City has taken in the Cuban Centennial coming up on May 20`h. For a large segment of our community, this is a tremendous opportunity for all of us to come together to understand each other better, to give testimony to that tenacity of the Cuban people that for 100 years have maintained the faith, despite very difficult circumstances, that the day will come when there will be a free and democratic Cuba. A community that has embraced that dream, the State of Florida has been very supportive of the Cuban people in this struggle. And this is an opportunity for all of us to come together to unite in seeing that the -- that dream, giving faith to the world that that dream is very much alive, and so the Cuban Centennial Committee proposes to do an event here in Miami on May 201h on the grounds of the Ermita De La Caridad, here in 64 April 25, 2002 Miami, an event that will bring our community together to honor that dream of a free Cuba. It will be an event that will bring some of our top musical stars, some of our most distinguished individuals who have contributed to this process over the past 100 years, and I wish to thank the City, and particularly the Chairman Regalado; City Manager, Carlos Gimenez; the Chief of Police, Raul Martinez; the events coordinator, Lina Blanco for the tremendous interest and support that they have given us in bringing this together. Today, I come to address the City to ask for specific funding to help us with promoting the event. We have proposed a budget that you have before you, and in addition to the co-sponsorship of the event, we are requesting specific appropriations to help us bring this and put a top quality presentation, as the day merits. Here with me also is the President of the Cuban Municipalities in Exile, Reverend Revuelta. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: We'll take the item up, and I think you can be assured that that's the minimum that we're going to do today. Dr. Penalver: We really appreciate it, Commissioner Teele. Commissioner Teele: Mr. Chairman, if I may. On May 20, 2002 this year, this great celebration of the Centennial of Cuba will take place. In its fight for independence from Spanish Colonialism, on May 201h of 1902, the Cuban flag waved for the first time in the Republic of Cuba, free from some 400 years of colonial rule, but I think it's important, particularly as an African-American that we understand 100 years ago what Cuba was and who Cubans were, because I think today, as we fast forward, we've lost sight of who we are, and what Cuba was. One hundred years ago, Cuba was a nation, an emerging nation that was made up largely of three diverse and unique populations. First and foremost, like in all of the Caribbean and in America, there were those who were considered Native Americans, the Indians who made up Cuba, as they made up the Bahamas, as they made up Florida, but what's significant about Cuba and the Native American is many of the Native Americans that were in Cuba 100 years ago were transported Seminole Indians who left Florida at St. Augustine when Spain ceded Florida as a colonial power and left, as well documented some four years ago by the museum, the Historic Museum of South Florida that on the boat were a few hundred Spanish soldiers, and hundreds and hundreds of slaves who had been embraced by the Spaniards in St. Augustine, and Native Americans, Seminole Indians who had fought beside the Spanish and lived freely with African-American slaves and Native Americans, who decided they did not want to live under British rule, and they left St. Augustine and went to Cuba. Many of those Spaniards, Native Americans and Africans went to a place called Santiago, and that is significant, because the freedom effort 100 years ago, the first stone was thrown -- so you know it was some brothers there -- was in Santiago, the same place that architecturally, historians have been able to document the movement of Native Americans and Africans from St. Augustine to Santiago, Cuba, and so it's important to note that when the revolutionaries came together, notably, among them was Jose Marti, the name that we all know. But the name that African-Americans, perhaps, should know best was not Jose Marti, the great thinker, the great writer, the great inspirational leader and the great poet, but they should have known the General. We should know the Apostle of Cuba, the man known in Spanish as "The Bronze Titan," a black man by any standard, a man whose bloodlines come from the Diaspora, a man by the name of Antonio Maceo, General in the Army of Cuba, the first great General. We should also know of General Max Gomez, the third great patriot of the War of Independence, as far back as February of 1895, when the insurrection occurred. It began, as I said, in 1895 in a village near Santiago, and for those of you who do not know Cuban history and do not know Cuban geography, please know that Santiago is largely known as a community that was greatly influenced by the Diaspora. And many of the people that live in Santiago, even to this day, are the color of myself and African-Americans throughout Overtown and Liberty City. 65 April 25, 2002 And so I think it is important that in 100 years that we lift the veil -- to use Booker T. Washington's phraseology -- that we lift the veil of ignorance that permeates so much of our communities about each other, because in many cases, the Cubans that African-Americans from time to time are frustrated with are our own bloodlines of our great, great, great ancestors who got off the boat, not in Jamaica, or not in Trinidad, or not in the Bahamas, or not even in South Carolina and North Carolina, but they got off the Diaspora boat in either Brazil, where there are more African-Americans in Brazil than in the United States, or they got off the boat in Cuba. So I call upon the City of Miami now to establish first and foremost a volunteer fund where individuals can make contributions, and corporations, for the purchase of flags, flags to be issued free through our NET (Neighborhood Enhancement Team) Office of American flags and Cuban flags, flags that I would hope and encourage every citizen of Miami to proudly display from the 18th of May through the 20`h of May, so that America can see that we know who we are, and we know who our Cuban brothers and sisters are. I would also call upon the churches, and particularly the churches of the African-American community to make known the true history of the Diaspora as it relates to Cuba, to make known the truth of the Bronze Titan, and the role that he played in beginning and carrying forth in the insurrection that brought forth Cuba, but more importantly than that, I think we need to understand that the United States participated in the Cuban Independence War with the sinking of the battleship, Maine, in the Harbor of Cuba in 1898 that brought forth the legendary Teddy Roosevelt and his Rough Riders. But the Rough Riders were not who you see in the newspapers and you see on television. The Rough Riders were not only them, but there were four regiments of some 17,000 men, and those Rough Riders landed again in Santiago, Cuba. You know what happens when soldiers land in any town, and they landed to assist the Cuban fighters. These Rough Riders included African-Americans, five of which received the Medal of Honor. Black men fighting for a free Cuba, and many received the Certificate of Merit and Citations of Gallantry, and silver and bronze stars. I close, Mr. Chairman, by noting that one Rough Rider Corporal is known to have said, and I quote, "If it hadn't been for the black cavalry, the Rough Riders would have been exterminated by the Spanish." Ladies and gentlemen, members of the Commission, I think that it is time that we move Miami forward, that we lift the veil of ignorance as it relates to the independence of this great nation, because one thing that everyone that stood there on May 201h agreed on is that they wanted to be free, free of the colonial influence of Spain, and our Cuban brothers and sisters that are here in the United States today are here for the same reason, 100 years later. They want to be free of the intolerable dictator and tyranny that exists without a democratic process, and so, Mr. Chairman and members of the Commission, I would move the following: That the fee waivers requested by the Centennial of Cuba in the amount of cash of nine thousand, five hundred and sixty-one dollars ($9,561) and the in-kind amount, including rented chairs, and orchestra, and systems and other such support be granted. Also in the motion would be an instruction for the Police Department, Fire Department and Solid Waste Department to fully cooperate and to provide all necessary services with this first amendment expression of independence and use of democracy, without regard to cost, and that the Manager shall present the cost allocated to this expense within 60 days from the time that it has occurred. And thirdly, that an account be established to receive contributions, preferably with the Dade Community Trust, or such other entity that the Manager may determine so that the NET Offices can freely display and distribute American flags and Cuban flags. And further, that the Net -9 Office and the Public Information Office be encouraged to make flags available through the NET process. And fourthly, that the Office of Community Relations, or the Office of Public Information be urged to make available manuscripts and copies of documents and statements and speeches that clearly indicate the importance of African- Americans and other Europeans who participated in the freedom of Cuba and in the evolution of Cuba, particularly in the arts, in music, in athletics, in science, medicine, as well as other areas, such as in the areas known by Bacardi Industry and others, and finally, I would ask the Manager that a liberal leave holiday and administrative approach be granted for all employees who would like to celebrate on May 20[11 the Cuban Independence, so that the full community can benefit, and that the Manager be authorized to take other such actions that the Mayor and the Commissioners and Manager may deem appropriate, to ensure that the nation and our community recognize that this is one nation under God that seeks democracy. I would so move, Mr. Chairman. 66 April 25, 2002 Chairman Regalado: Thank you. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Thank you. There is a motion. Commissioner Gonzalez: Second. Commissioner Sanchez: There's a second. Mr. Chairman, can I add an amendment to the motion? That Channel 9 and the Director of Channel 9 prepare a documentary and also show a documentary through the week that Commissioner Teele stated as to the independence of Cuba. Commissioner Teele: I accept the amendment. Are there any other amendments? Chairman Regalado: Yes. This is not an amendment. My understanding is that the Mayor will be declaring May as the Month of the Centennial of the Independence of Cuba, as he did with Black History Month, during the month of February. And so we have a motion and a second granting seven thousand, seven hundred dollars ($7,700) to the Centennial of Cuba's Independence, plus the waiver of fees, and, of course, all the amendments that were included by Commissioner Teele. Commissioner Teele, we, in behalf of the Cuban community, we really thank you. I always said I am very proud to serve with you. And this morning, I am happier to have a person with the understanding of all the communities, like you, and to all the members of this Commission, that we all got together when the "AMISTAD" came to Miami. We all get together when the Haitian community is celebrating their independence in the Roots and Culture Festival. And now, to have the support of members of the Commission -- Commissioner Teele: Mr. Chairman, don't leave Johnny out. We all get together and celebrate when the Chairman Regalado: No, I was going to say -- Commissioner Teele: -- when the pope came to town, and we all got to -- celebrated when the queen came to town. So. Chairman Regalado: I was going to say that -- I was going to say that, Johnny Winton, I was going to say that Johnny Winton has been there for us, for you, and I was going to say that this Commission, this Commission has voted as one person in all the issues pertaining to every community. And what you've done is shown once again that this is one City and what the Mayor said when he was elected, one future. I have to really leave, but before that, and before Commissioner Sanchez or anybody else, I'd like to vote on it. If we all say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: As amended. Chairman Regalado: As amended, it passes. 67 April 25, 2002 The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-471 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE CENTENNIAL OF CUBA'S INDEPENDENCE EVENTS, ORGANIZED BY THE COMMITTEE OF THE CENTENNIAL OF CUBA'S INDEPENDENCE, INC. ("COSPONSOR") SCHEDULED FOR MAY 20, 2002; AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW; AUTHORIZING THE PROVISION OF ALL SERVICES AT NO COST TO THE COSPONSOR BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE, GENERAL SERVICES ADMINISTRATION, SOLID WASTE, AND PARKS AND RECREATION FOR SAID EVENT; AUTHORIZING THE ALLOCATION OF FUNDS, IN THE CUMULATIVE AMOUNT NOT TO EXCEED $9,561.00, FOR A CASH GRANT TO DEFRAY THE COSTS FOR VENUE RENTAL AND TO ENGAGE PERFORMING ARTISTS/BANDS FROM THE SPECIAL EVENTS FESTIVAL ACCOUNT, NO. 001000921054.6.289; DIRECTING VARIOUS ACTIONS BY THE CITY MANAGER, COMMUNITY RELATIONS BOARD AND OFFICE OF PUBLIC INFORMATION; AND CONDITIONING SAID AUTHORIZATIONS UPON THE COSPONSOR: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE, TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR DESIGNEE; (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. (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 Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: Vice Chair. Dr. Penalver: Commissioner Teele, thank you so much for your words. We were very much moved that this motion came in a spirit of unity, and that's exactly what we would like to see this May 20`h event be - - an opportunity for the entire community to come together for this very special occasion. So we are very grateful to you, to all the Commissioners. I'd like to present Dr. Rosa Leonor Whitmarsh, the President of the Centennial Committee who has just joined us. Thank you. Commissioner Teele: I see Ms. Wilcox is here. Ms. Wilcox, let's just take your item real quickly, because we're about to break for lunch and we're trying to get a photo, please. 68 April 25, 2002 Inez Wilcox: Good morning. I'm Inez Wilcox, and I apologize for being so late, because of care. Dr. Rosa Whitmarsh: My name is Rosa Whitmarsh. I'm the coordinator of the Centennial Committee. I would like to say that once in a lifetime, the City of Miami and the community of this County has had the opportunity to celebrate, commemorate and enjoy such a deep celebration, as will be the Centennial of the Cuban Republic, just once in a lifetime. I would like to add to Mr. Teele's idea that Antonio Maceo was indeed one of the greatest , and also, not only Maceo as one black man, but also Juan Alberto Gomez, (UNINTELLIGIBLE) Guillermo Moncada, Tintin Vanderas, so we have quite a -- how you say? -- an echelon of outstanding black people in Cuba. Thank God, we are a mulatto country, so our culture is a mix of both things which -- for which I'm very, very pleased, and I also congratulate myself to have had a great patron by my great-grandfather who fought with the American army, Teddy Roosevelt, in Santiago de Cuba, and he served many years, so thank you, Mr. Manny Diaz. Thank you, Commissioners. Thank you, our Chief of Police, Mr. Gimenez, everybody else who is in this place today for such a great decision. Thank you very much. (APPLAUSE) Dr. Penalver: I was just saying to the Mayor something that I'd like to share with the entire community. We're going to be lighting the Cuban Centennial torch at the San Carlos Institute on May the 18`h, the very spot from where Jose Marti launched the drive for Cuba's independence, making appearances at the various events taking place in the City on May the 20`h, and it will culminate with the writing -- part of the play will be on horseback, as in (UNINTELLIGIBLE) of the Mambi movement in Cuba and it will culminate with the lighting of the Centennial torch during the Centennial ceremonies at the Shrine of the Ermita de la Caridad here in Miami. So, I would like to see all of you, if possible, attend these events. It's open to the entire community. We would love to make this a true community event on May the 201h. Thank you. It will be arrivin� at the Ermita at 7 p.m. 7 p.m. the ceremonies will begin, and in Key West, it will be lit on May the 18` at 8 p.m. at the San Carlos Institute, and we are expecting thousands of people to join us for these two events, so you all come. Thank you. (APPLAUSE) 69 April 25, 2002 13. DISCUSSION CONCERNING SCHOLARSHIP FUND (See #7). Commissioner Teele: Ms. Wilcox, the item that you're on was scheduled on the agenda for 4:30, but you're free to make any presentation, but it cannot come up before 4:30. That's when Commissioner Regalado will make a resolution, but you don't have to come back. You can make your presentation now. Inez Wilcox: OK. I'll -- Commissioner Teele: Just give your name and address for the record. Ms. Wilcox: My name is Inez Wilcox, and I live at 4746 Northwest 10th Avenue, Miami. I'm a member of St. John's Baptist Church, of which the Reverend Henry Nevin is pastor, and I'm here to make an appeal for Florida Memorial College, and I had it all written out on paper, but I realize the time was up because I had car trouble and everything this morning. I'm just getting here and I didn't even think I'd get in, but if I could just share with you, quickly, some of the high points that I wrote -- and I said that I have no intentions of preaching a sermon, but the question is, "Can any good thing come out of Nazareth?" Yes. If you work with it, it can. And Florida Memorial College is basically an African-American school that was organized in Live Oaks, Florida years ago, but we are blessed that it's here in Miami now and it's one of our unique schools that prepare both young and old alike, academically, spiritually and morally. It subsidized, in many ways, but it's subsidized through a project of the Black Baptists of Florida, and we go around soliciting funds to help us to help the school. This year St. John Baptist Church is trying to raise three thousand dollars for the school. Now, when these funds are generated, it helps students who are in need through student services, financial aid, textbooks, supplies, guidance counseling, services, scholarships and many social service activities. Because of the many efforts that we have done in the past, Florida Memorial has a new look. It has more students. We're in a new venture now with Florida International University. We're coming before you to make an appeal for the youngsters who are in need. We have a lot of students in the Miami area that are in need of help, and we have the strength and fortitude to keep working with this project to help build the school for our future citizens. I'm encouraged because two of my own children went to the school some years ago. Now, I began by saying it's basically an African-American school, but now we have youngsters coming from everywhere. We don't care what color you are, what ethnic group you are, what race you are. We're glad to have you come, realizing that you, too, know that a mind is a terrible thing to waste. I'm hoping that, in some way, you all can seek some support for me for Florida Memorial College. Now, if you have any questions about the way we deal with this, I'll be glad to answer the questions for -- that you have to ask me about the project. I rushed through it. I gave you about half of what I did have to say. Anyone with any questions? Vice Chairman Winton: Commissioner Teele. Commissioner Teele: Mr. Chairman, obviously Florida Memorial has a great history. It started up in North Florida and actually was moved from St. Augustine to Jacksonville to Ocala, and it's finally made its way to Miami, and is a great campus that has had the support of the Chamber and any number of other organizations. Commissioner Regalado intends to offer a resolution today to support it, and later on this evening, I intend to offer a resolution to urge that we send kids from Overtown this summer during Father's Day for -- I think it's called Real Men -- Real Men Cook or something -- where fathers go out and cook at Florida Memorial College, but the importance of it is, it puts kids on the college campus and there are a lot of kids that will never get on a college campus. They get there, they see beautiful buildings, and beautiful cars, and beauty and they decide, well, maybe I want to go to college, and, so, it's a good way to do it. It's a good way to get the community involved. Obviously, we're going to be looking for ways, and I think you'll be very pleasantly pleased with what the Chairman is going to do today at 4:30 for your efforts to have the City to support Florida Memorial directly. 70 April 25, 2002 Ms. Wilcox: Commissioner Teele, I knew about the 4:30 hour, and I told them that I had a problem with picking up grandchildren. But I think I'm going to have somebody to help me, because I would like to be here -- Commissioner Teele: OK. Ms. Wilcox: --around 4:30, if I can get back. Commissioner Teele: And Commissioner Regalado feels very strongly about Florida Memorial. Ms. Wilcox: Yes. I was happy that he sat and talked with me about it. Commissioner Teele: Mr. Chairman, I should also note, just for the record, Ms. Wilcox is here in her own right. She is a long time stalwart of the NAACP (National Association for the Advancement of Colored People) state. She traveled all over the state during the era -- I knew her some young years ago, when she was just a young lady, and we all know her son, Nathaniel. Vice Chairman Winton: Still is. Commissioner Teele: Nathaniel is her son, Nathaniel Wilcox. That proves that an acorn doesn't fall very far from the tree. And, so, we understand how Nathaniel got the way he is, because he's fighting also. So, thank you, Ms. Wilcox, not only for being here today, but for what you've done with your family. Ms. Wilcox: And thank you so much, Commission -- Vice Chairman Winton: Thank you. Ms. Wilcox: -- for taking the time to hear me. Commissioner Sanchez: Move for recess? Vice Chairman Winton: Yes. Because I have a meeting I have to go to. Yeah, what time are we coming back? Commissioner Teele: Three o'clock. Commissioner Sanchez: Three. Vice Chairman Winton: OK, three o'clock. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:07 P.M. AND RECONVENED AT 3:23 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 71 April 25, 2002 14. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH YMCA OF GREATER MIAMI, INC. TO SERVE AS LEAD PARTNER/DEVELOPER FOR LITTLE HAITI PARK PROJECT; ALLOCATE $100,000 FROM CAPITAL IMPROVEMENT PROJECT ENTITLED "LITTLE HAITI PARK LAND ACQUISITION AND DEVELOPMENT" FOR INITIAL WORK. Chairman Regalado: City Commission is in session. We have all members present, and we have a time certain item, requested by YMCA (Young Men Christian Association). It's Item 19, the Little Haiti Park. It's in Commissioner Teele's district, and, Commissioner, we have here, on behalf of YMCA, Miami - Dade County Commissioner Natasha Millan. Commissioner Teele: Why isn't she at the MPO (Metropolitan Planning Organization) meeting? Chairman Regalado: Because she was told that she should be here at 3:00. Commissioner Teele: She said, "Why aren't you there?" Mr. Chairman, thank you very much. What I'd like to do is let the Manager's very capable staff explain to the public -- I think the important thing to note is that, while the park may be in District 5, this park -- proposed park really represents a citywide concern about ensuring that all of our neighborhoods are treated fairly, and, as you'll recall, this process began, as I recall, in October/September, of 1998, when the then Assistant Secretary for Children and Family Services reported to us concerning the Morningside Park being fenced in or the guard gate being placed there, and the fact that the children in Little Haiti had no place to go. Since 1998 this Commission has urged the legislature to provide funding for this park, without any success from the legislature. I think it's very important to note that one of the items that was sort of the headline item, right along with the Police and Homeland Security issues, was the recognized need for this park, and I think this community has responded overwhelmingly in saying, "We want the children that live in Little Haiti, without regard to ethnicity, to have the same kinds of neighborhood resources that we have in Morningside, or that we have in Coconut Grove, or in Model Cities or, quite candidly, throughout our community," and so, with that, Mr. Chairman, you'll recall that, in December, the Commission authorized an RFQ, Request for Qualifications, for a partner to assist the City in the development of the park. This recommendation comes from the Working Group, in which some 50 individuals were impaneled from throughout the City. I should note that a significant number of the people on the panel, government officials, were County officials, including the head of libraries, the representative of the Dade County Culture Coalition and culture activities, as well as Dean Taylor Shop, the Neighborhood Social Services Departments, and the recommendations were largely unanimous. In fact, all of the final recommendations were unanimous. The one recommendation that we're focusing on now is the need to designate a partner to work with the City, and give them the lead opportunity to develop a footprint within the proposed park that is not defined, but is approximately three to five -- a footprint that would, in effect, be the first major recreational and park activity. The Working Group recognized that it's easy to come up with the money to build a park, relatively. It's a lot harder to come up with the reoccurring operating dollars each year to operate the park, and one of the things that we've recognized is that, in making more park space available, we're not going to take from any neighborhood where we have existing parks, and, so, our parks infrastructure, which is being addressed through the bond issue and other capital programs, is in dire need of matching dollars. We have been able, working with Asset Management and with the Real Estate and Economic Development Office, for example, to quantify that. Having a partner that comes in under a management agreement and brings in full-time staffing and resources saves the City tens of thousands -- in the case of Hadley Park, hundreds of thousands of dollars. I think the management and the Commission have agreed that the partner there saves the City over two hundred thousand dollars ($200,000) in reoccurring income. I think we're having the same experience in Coconut Grove, now, where we have a park that is scheduled to be opened soon, where the Boys Club, I think, will be operating, and that park, by utilizing a partner there in the Boys Club, is going to save the City hundreds 72 April 25, 2002 of thousands of dollars annually in reoccurring income, and, so, one of the models that we have evolved into is, in addition to going to branded parks, which I don't think we have any parks branded, yet -- looking for the Bacardi Park, I guess, and the American Airline Park. In addition to branding, we're looking for partners that can bring money, that can bring volunteers, that can bring national expertise to our parks, and so, the recommendation, unanimously of the committee, was to give the "Y" the opportunity to enter into a contract. I think it's noteworthy to note that the "Y" Board of Directors of their existing "Y" -- I think it's called the Carver "Y" -- has a significant number of Haitian -Americans, and other persons that live within the area, Buena Vista area, of the design district, and Edison Little River, and Lemon City, that are residents of the community on the Board of Directors, and so, without further ado, I'd ask the Director of Real Estate and Economic Development to outline exactly what the proposal is that is before us. The one thing that I would like to add to the recommendations of the Manager, if they're not -- if it's not -- if it did not come forth, is the notion that whatever we do with the "Y" should include some space for the Police Athletic League to have some administrative offices contained within the footprint of the building that they would be operating, so, Mr. Manager, thank you very much, and I really appreciate the fact that your staff has been extremely diligent in this component of it, but I have shared with you, privately, my very real concerns about the pace or the lack of progress that we're making in the land acquisition, the environmental, et cetera, as it relates to the footprint that has been approved by the Commission for almost seven to nine months now. Carlos Gimenez (City Manager): Yes, sir. Arleen Weintraub: Thank you, Commissioner. Arleen Weintraub, Director of the Department of Real Estate and Economic Development. Commissioner Teele has really laid out the process that we follow to date. And the resolution before you today is approving the component, which selects the lead developer for the development of Little Haiti Park, and, in this case, it is the YMCA. They are here to answer questions. The agreement is for an initial term of five years, in an amount of one hundred thousand dollars ($100,000), written with flexibility, but upon producing certain work products, authorized and first directed by the City, they would receive compensation for that. This leads us to identifying where such a three- to five -acre parcel may be, and performing a program analysis of what kinds of facilities the YMCA may ultimately build to serve the Little Haiti community. There are certain allowances in here that, if there is no need for the services, they would not be sought. Therefore, they would not be paid for. There is an additional clause that allows, during the period of time for the YMCA to then negotiate with the City, to become the operator/manager for the facility that we go through this process to achieve, and that's what this agreement is about. It culminates a competitive process that began in December, and we're here before you today to allow now the YMCA to begin its work to push forward the development of Little Haiti park. Commissioner Teele: Mr. Chairman, there's one thing I want to clarify. My expectation -- I don't understand this five years, but I'm comfortable with the five years. My expectation is, within 24 months, the park -- their component of this park will be built and completed. The main thing that restricts this from moving forward, Mr. Manager, is the need for a master plan or a preliminary master plan, and the land acquisition as it relates to the footprint of what it is we're talking about. We're talking about somewhere between three and five acres, I think; is that -- Ms. Weintraub: That's correct. Commissioner Teele: The number? So, somewhere -- and, you know, we're not -- this isn't that hard. We had four different teams of people from around the state to come here as a part of a statewide landscape architect process, and they brought in, you know, 30 or 40 landscape architects, which we've honored, that came from Pensacola to Key West. The four teams worked with different community groups. There wasn't 20 percent difference between where virtually everything comes out in all four 73 April 25, 2002 teams. I mean, there were a lot of different approaches, but the footprint that we're talking about is probably going to be south of 62nd Street and just east of Northeast 2nd Avenue and -- on all four. In fact, my staff should have had out the four drawings, and maybe somebody back there is awake and will bring them out, but the fact of the matter is, is that we're not dealing here with a real study. We're just dealing with a master plan that does a preliminary in which we can release them to go forward, and, so, I want to be very clear that my expectation is that, within 18 months of the time that they get the preliminary and the land turned over to them for under whatever term, that I would expect that the building will be completed, because we've heard from the children month after month, they need a place to have recreational activities in Little Haiti, and let me just say this to my colleague, Commissioner Gonzalez, why this is so unfair. We have in this agenda about seven hundred thousand dollars ($700,000) that we're going to give out for food -- summer food programs in the City. You know how much money's going to wind up going into the Little Haiti area? Well, essentially, nothing or very, very, very little. Because we built a little facility last year on Northwest 2nd, we'll get something, but historically, the children of Little Haiti, for the last however long, get nothing, because these programs are deployed based upon the park infrastructure. If you don't have a park, you don't get all of these other programs that go along with it, so the children that live east of Miami Avenue and west of Biscayne Boulevard, from 46th Street all the way up to 71st Street, have no park at all. That's a huge area. That's all of what we call Little Haiti, pretty much, and because we don't have one park in that area, the City services just aren't there, and, I mean, that's just one example -- and I'm not complaining-- I'm merely pointing out why getting this park or a park in this area or at least the first phase of a park is so important, and these problems have a way of exacerbating themselves. When you don't have it, then you can't have youth programs that are being launched from there. You don't have summer job programs that are launched from there. You don't have PAL (Police Athletic League) programs, because you don't have the space, so it's so important that we move forward on that. Mr. Chairman, I would ask that at least the representatives of the "Y" be allowed to come forward and introduce themselves for the record, and indicate whether or not they can accept the proffer of the offer by the City Manager. Chairman Regalado: Good afternoon, Commissioner. County Commissioner Natasha Seijas: Good afternoon, gentlemen, every one of you. Thank you, Mr. Teele. My name is Natasha Seijas. I'm the Vice President of the YMCA. One of the things that I wanted to put on the record is, on Tuesday, the whole board, unanimously, under the new leadership of our Chairman, Joe Matthews, approved the relationship that was needed in order to carry this forth, and is willing to sit down and negotiate in the best manner, because the ultimate goal of the YMCA, as much as all of you know, is the children. And you're right, while we do serve -- about 30 percent of our children, our Haitians-- that's not even the tip of an iceberg of the tremendous need the Haitians have, so, I'm here to tell you that we're ready to go. We have the resolution approved, and it's in our minutes. We'll make them available to you as soon as we get them typed, which we haven't had them typed yet, and we will be negotiating at your will and at your direction, and thank you. Thank you also, staff. Gentlemen, you know it. Without staff, things don't really happen, so thank you to staff, also. Nino Tillman: Nino Tillman, Executive Director of the George Washington Carver YMCA. John Turner: I'm John Turner and I'm the President and CEO (Chief Executive Officer) of the "Y." And I just would echo what the Commissioner says. We're very excited, very eager to move forward and to be a part of this important project. Vice Chairman Winton: John, do you all have to do -- is there -- are there capital dollars you have to raise for this? Mr. Turner: Yes. I think that has to be determined, as we move along, to what that would be, and that has 74 April 25, 2002 not been determined yet. Vice Chairman Winton: And what's your confidence level -- you know, I know, coming out of 9/11 -- the ability to raise capital dollars? You met -- we met in my office on the Verrick Gym and how difficult that had become, particularly as it related to Verrick Gym -- I mean, Verrick -- Commissioner Teele: Verrick Park. Mr. Turner: Verrick -- well, Verrick Gym. Vice Chairman Winton: No. Mr. Turner: Verrick Gym. Vice Chairman Winton: Verrick Gym. I got it right. Mr. Turner: Here in -- right. Vice Chairman Winton: Not Verrick Park, but Verrick Gym. Mr. Turner: That's right. Vice Chairman Winton: Is anything changing in that regard? Mr. Turner: Well, yes. In that particular project, our board, at the same meeting that the Commissioner talked about, really endorsed taking the Coconut Grove project and really phasing it, and building Phase I with the monies that we currently have in hand, and with a design that, as we continue to raise the money, then Phase II and III can be added. And our sense is that, with this particular project, the need, the community support that we have through our Carver branch, that as we see those needs and that we'll have some time to do that, that we can -- we're very confident that that can happen. OK. Vice Chairman Winton: OK. Thank you. Chairman Regalado: Thank you. Thank you. Commissioner, anything else? Commissioner Teele: Mr. Chairman, I'm really grateful that Commissioner Seijas has taken time. She, like myself, has a very, very tough issue that's going on now in the County, involving an issue of profound impact on the future of Dade County, the paving or widening of Krome Avenue. That hearing is expected to go on, I guess, until 6 o'clock or so, and I wanted to express my appreciation, because I realize that Commissioner Seijas could very well beg off and not come today, but I think her presence underscores the importance that the community and the "Y" attach to this project. Having said that, I am very concerned, John, with the tone and the manner in which you responded to Commissioner Winton. My expectation is that the "Y" will aggressively engage in the fundraising effort of upwards of three million dollars for the first phase of this project, and that's been the basis and the discussion that we've sort of talked about. Now, if you don't -- if you've got a different view, if the "Y" is taking a different approach, y'all need to let me know now. Because, if this passes, I want you to understand, my next motion is going to be -- or my next statement is going to be that each Commissioner has available, under the bond issue, up to five million dollars for capital projects in their district. I'm prepared to say right here, right now, that I am prepared to loan, on behalf of the City, from the District 5 capital fund, up to three million dollars to do this project, and to move this project forward, with a loan agreement to be basically worked out by the City Manager, and, of course, we could do it as a grant. I'm not prepared to 75 April 25, 2002 do it as a grant. It could be a forgivable loan, under certain circumstances, but this project is more important than anything in my district, and I know that's going to offend a lot of folks in Overtown and a lot of folks in -- where 60 percent of the voters in my district live, and that's not in Little Haiti. That's in Model Cities. But this is not about politics. This is about need for the community, so I want to hear from you, John, because I can't argue with Commissioner Millan. She's got too many chips in her vest. Vice Chairman Winton: Yeah. Switch spots there, huh. Commissioner Teele: We're still trying to negotiate something on our -- on the land that you've got a lawsuit on. We want to negotiate something on the parking surcharge. We need to negotiate something on the payment in lieu of taxes for the -- Commissioner Seijas: Don't give me any more ideas. Commissioner Teele: So -- I don't want to have -- Commissioner, anything you say, I'm going to smile and agree to. But I'd like to talk to John, if it's all right. Commissioner Seijas: And I know you do, but I wanted to say something that John Turner is too much of a humble man to say. He is leaving the YMCA, locally, to go to one that he has dreamed about directing for a long time. There is a transition team, which I am part of, that will be taking on all the responsibilities, so, if John's language was not strong enough for you, our language is as strong as his belief in what he's committed to, and I think we're losing a great man, but he's going to somewhere he's dreamed all his life, to be still with the YMCA, but I am part of the transition team, and Mr. Dave Douglas is the interim, while we choose a new director, and that means that you will have my commitment, and, yes, you'll have to deal with me. OK? Commissioner Teele: Yes, ma'am. Mr. Turner: Commissioner, thanks. I -- if there was a sense of a lack of enthusiasm, I think I was really more responding to Commissioner Winton's question, but, as Commissioner Seijas said, our board endorsed this. I'm very confident. Joe Matthews, who is the chair of our board, is very confident and very excited about this. I think my question, I guess, was that absolutely that we're enthused and feel confident about raising the funds that are needed. The thing that we haven't determined at the moment is, what is that amount? That's what I was really referring to. But the confidence, the excitement, the commitment from our branch, from our association, is extremely high, and we're excited to be a part of this. Commissioner Teele: Thank you. Mr. Turner: And I think, if Joe Matthews were here, he would echo the same. We had a great discussion at the board meeting on Tuesday, and, as Commissioner Seijas said, it was a unanimous commitment, so - Commissioner Teele: Thank you. Let's just put them up. I guess the cameras can somehow figure out how to get them, but I just wanted the Commissioners to see, and to the extent the cameras can pick it up, how -- let's just get the other ones up. Where is Karen? If you could put them to the side, it's all right, but let's just put them up any kind of way and -- come around here. These drawings, which were done by totally different teams, working totally independent of each other, wind up being very, very close to each other, in terms of the major components of it. Eugene -- where did Eugene Rodriguez go? I wanted him to see this. He went outside? On the phone? Eugene, I wanted you to see this. We respect your views. Come up close, where you can see. Where's the mike? Mr. Chairman, the point that I wanted the 76 April 25, 2002 Commission to see is that, this is the northern part. The McArthur Dairy would be about right in here. This proposal is 67th Street. There has been more and more discussion about looking at the back part of this, going a little bit further to the north, because it's all substandard. And, of course, this is 59th Street. The existing Caribbean Market is in the extreme western -- southwestern end on all of these. And this is the so-called Caribbean Market that the City owns -- Community Development owns it -- and it's a resource that the federal government has been encouraging us to do something with. The County has already proffered, thanks very much to Commissioner Barbara Carey and Commissioner Milian -- the County has already proffered to the City, "A," they'll be willing to take it back from us and fix it up as a culture center, or they have already appropriated some three hundred and fifty thousand dollars ($350,000) to the City for a joint use of the restoration and the conversion or redevelopment of this into a culture component, with sort of dance studios, black box theater, and those kinds of things. This is very important, because there is a tremendous amount of art and culture and unique, unique culture that needs to be not only preserved, but enhanced. And, so, the -- Michael Springs, is that -- on behalf of the parks, has had a number of letters and correspondence going back, I guess, two and a half years with Ms. Bianchino, which I was totally unaware of, but that's not important, in which they have offered to take it over or offered to give us on a matching basis. The problem with that is, it's probably going to take close to a million and a half to do it. So, three fifty is just going to sort of get us in trouble, because the problem with this is there was never any parking for the Caribbean Marketplace. You cannot have children going in and out of a facility. This is Northeast 2nd Avenue, which is a major thorough fair, very busy, going north all day. You can't have children go in and out of a place to dance, or theater or whatever without having adequate parking. The interesting thing is that the various treatment of MLK (Martin Luther King) Boulevard, this sort of treats it as an "S." The one here, that you can't see very well, actually maintains the existing 62nd Street, pretty much like it is today. At this point, at the westernmost point, it sort of comes together in a tip -- thank you very much -- and it splits. And this is how it looks right now, with the exception of all the green space and all of that. This doesn't change MLK, 62nd, and 61 st. The other interesting feature is that there are hammocks in here, and most of this, just so that you have a point of reference, is a highly Code Enforcement cited trailer park here, which is a dominant feature here. About fully one third of this whole area is the trailer park, and here, you have a second trailer park, which is in much better condition, so the two dominant features of all of this land would be trailer parks and something called "rag factories." Most of the area to the south -- all of this area is rag factories, which, under our building -- under our Code, are technically nonconforming uses; is that correct, Madam Planning Director, or illegal uses, or which one? Rag factories. Ana Gelabert (Director, Planning & Zoning): They're allowed on C-2. There are some rag warehouses that we have found them not to be legal in that district -- Commissioner Teele: So, they're not -- Ms. Gelabert: -- and that's what we found on the area of 67th. Commissioner Teele: Most of the ones that are there are nonconforming or illegal, but without regard, the main industrial use would be right along the FEC (Florida East Coast) Corridor, where you have major Detroit, diesel, Caterpillar, kinds of engine overhaul in this area along the FEC. It should be noted that this is the subject area of a different study, which concludes and recommends many of the same recommendations that you're seeing here today. The point, I think, that we would want to make is this: That in this conceptual, the so-called partner YMCA facility, is here. You can see this as a recommendation of where the library should be. For example, there's a recommendation in the report that the two libraries that are very close to here be closed -- one on 79th Street and one on 67`h -- and that a new library be built in here. The chief librarian of the County applauds this recommendation, but built into that recommendation is also an interlocal agreement in which is City is responsible for providing, not only the footprint, but the building of any libraries. So -- I mean, that recommendation has some cost. 77 April 25, 2002 But, again, on this one, the YMCA activity would be here in this area. So, those two have it to the south. Here, the YMCA activity would be in this area, again to the south, just south of 61st Street. So, in three of the four recommendations, the so-called partner would be south of 61 st and along -- somewhere along Northeast 2nd. I think this one would have it north of 62nd. Just north of 62nd. So, you see in three of the four recommendations, they come in. The interesting thing also is that soccer winds up being on all four recommendations, somewhere along the FEC, because there's a view that you can create a transportation grid in here, or you could see the soccer stadium, which is recommended at a twelve thousand seat stadium, is all along the extreme east corner along the FEC. In most cases, as far to the north as possible. Again, Mr. Chairman, the park envisions and studied Curtis Park, Hadley Park, Morningside Park, and one other park, so-called major regional parks. This park is probably closer to being analogous to Curtis Park and Hadley Park. Morningside Park is far superior, in both size and amenities, than this park would be, and, Johnny, I wanted you to know that, while Curtis Park and Hadley Park are sort of the models and they -- the group took field studies to the three or four parks. They looked at Morningside Park. This park does not meet the standards of Morningside Park, either in space or in use, but it's much more comparable to Curtis Park, I think, in your district, and Hadley Park in my district. It's a little bit larger than Gibson Park, but it's smaller than Gibson and Williams Park combined, which are all within two blocks -- three blocks of each other. The only area that is up for discussion today -- although the area that will be up for discussion tonight and at the workshop, will be, obviously, the land acquisition cost, but -- the planning and land acquisition cost. The Commission approved an emergency or an expedited consultant in December, and it was our hope that, by July, we would have a preliminary plan. Once we have the preliminary plan, we can certainly let the YMCA begin a more detailed plan. We don't need to have a full plan. We just need to have a plan on where the partner will be and where --there ain't but so many -- you know, this isn't, you know, rocket science right now. There are only so many places the partner can be. And what is desperately needed for the "Y" to begin is for the preliminary decision on a master plan, with a specific preliminary decision on the "Y" and, of course, the environmental and the land acquisition. Now, the more of this we do on television, the more expensive this property becomes, and I'm sure that we probably just added four or five hundred thousand dollars to the cost of the land, as a result of this discussion today. And that's why we have recommended to the Manager and authorized that the Manager can spend up to twenty-five thousand dollars for miscellaneous activities in the bond issue. But we've also recommended, directly to the Manager, that all projects related to land acquisition be acquired as quickly as possible, because the cost of any land that the government may want, whether it be a fire station, police station, or something related to the park, the more the public sees, the higher the price gets. And, so, with that, Mr. Chairman, I would move the item, as it relates to the "Y," to be the lead partner in the contract, with the further understanding that upon the Planning Department identifying the preliminary site for the "Y", that the "Y" would move forward, without delay. And that the goal would be for the "Y" to have the project completed within 24 months, but not later than 18 months from the time the land is turned over to them. I would so move. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion on Item 19 and second. Commissioner Gonzalez: Second. Chairman Regalado: All in favor say "aye." The Commission (Collectively): "Aye." 78 April 25, 2002 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-472 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE AT4TACHED FORM, WITH THE YMCA OF GREATER MIAMI, INC. ("YMCA") TO SERVE AS THE LEAD PARTNER/DEVELOPER FOR THE LITTLE HAITI PARK PROJECT, FOR A TERM OF FIVE YEARS, WITH THE OPTION TO EXTEND FOR FIVE ADDITIONAL ONE-YEAR PERIODS, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; ALLOCATING FUNDS IN THE AMOUNT OF $100,000 FROM CAPITAL IMPROVEMENT PROJECT NO. 331412 ENTITLED "LITTLE HAITI PARK LAND ACQUISITION AND DEVELOPMENT" FOR INITIAL WORK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: It passes. Thank you very much. 79 April 25, 2002 15. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE AND APPROVE ACQUISITION OF ELEVATOR MAINTENANCE SERVICES AND ITS UTILIZATION OF ORIGINAL MANUFACTURER'S PARTS FOR MIAMI RIVERSIDE CENTER AND ITS GARAGE, FOR GENERAL SERVICES ADMINISTRATION, FROM SCHINDLER ELEVATOR CORPORATION, SOLE SOURCE PROVIDER; $25,200, ALLOCATE FUNDS FROM GENERAL SERVICES ADMINISTRATION, MRC DIVISION. Chairman Regalado: Item 2 needs a four-fifths vote. Commissioner Sanchez had to leave for a while, but he'll be back for the public hearing on Camillus House. Vice Chairman Winton: So moved. Chairman Regalado: It's been moved and -- Commissioner Gonzalez: Second. Chairman Regalado: -- second. Commissioner Teele, we need a four-fifths vote on this item. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-473 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF ELEVATOR MAINTENANCE SERVICES AND ORIGINAL MANUFACTURE'S PARTS FOR THE MIAMI RIVER SIDE CENTER AND GARAGE FOR THE GENERAL SERVICES ADMINISTRATION ("GSA") FROM SCHINDLER ELEVATOR CORPORATION, THE SOLE SOURCE PROVIDER, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW FOR FOUR ADDITIONAL ONE-YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $25,200 FOR THE FIRST YEAR, AND ANNUAL INCREASES NOT TO EXCEED FIVE PERCENT, SUBJECT TO NEGOTIATION; ALLOCATING FUNDS FROM GSA GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 504000 .421901.6.670, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 80 April 25, 2002 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 81 April 25, 2002 16. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY AND ACCEPT BID OF METRO EXPRESS, INC., FOR PROJECT ENTITLED "STORMWATER - SANITARY SEWER DISCONNECTION PROJECT, PHASE I, B- 5639" $148,000. Chairman Regalado: Item 3. It needs a four-fifths vote. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The following resolution was introduced by Vice Chairman Winton, who moved its adoption: IIN:06101111163alKS391. Ll A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND ACCEPTING THE BID OF METRO EXPRESSES, INC. THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION FOR INFORM BIDS, DATED JANUARY 11, 2002, FOR THE PROJECT ENTITLED "STORM WATER - SANITARY SEWER DISCONNECTION PROJECT, PHASE I, 3-5639", IN THE AMOUNT OF $129,500; ALLOCATING FUNDS FROM PROJECT NO. 351290, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, IN THE AMOUNT OF $129,500 FOR THE CONTRACT COSTS AND $18,500 FOR EXPENSES, FOR A TOTAL ESTIMATED COST OF $148,000; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez 82 April 25, 2002 17. ENDORSE, IN PRINCIPLE, SECTION OF STREET BE IDENTIFIED IN HONOR AND RECOGNITION OF EVITA PERON; REFER SAID ISSUE TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE. Chairman Regalado: We have personal appearances. I think Mr. Francis Echauri, from Evita International Foundation. Good afternoon, sir. Unidentified Speaker: Good afternoon. Vice Chairman Winton: OK. Chairman Regalado: Yes. Juan Mourin, Sr.: For the record, my name is Juan Mourin, Certified Interpreter. Francis Echauri (Interpreted by Juan Mourin): My name is Francis Echauri. I am the President of the International Foundation Evita and the secretary of Mrs. Eva Peron, the last surviving secretary. I've come here to ask you please, I would like that in this 50th anniversary of the death of Mrs. Eva Peron, a woman that gave us a lot of things to be proud because of her social help for all of us here in North America, and for her love to all of the hungry people of the world. Humbly, I have come here to solicit from you, if I could obtain, through Miami, which is the entrance to Latin America, in homage to this lady, to name a street after her, her name. Chairman Regalado: Thank you. Mr. Manager. Carlos Gimenez (City Manager): Yes, sir. Chairman Regalado: Mr. Francis Echauri is requesting that the name of Evita Peron, would be approved for a street name in the City of Miami. When is the next Street Code Designation Committee meeting? John Jackson (Director, Public Works): John Jackson, Director of Public Works. The next meeting will be in May. I don't have the exact date, but it would be in May. Commissioner Gonzalez: Mr. Chairman. Commissioner Teele: You have a street? Chairman Regalado: It's -- yes, sir. Commissioner Gonzalez: I believe the question is, do they have a street in mind that they would like named? Chairman Regalado: No, they don't. He just asked for a street. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. 83 April 25, 2002 Commissioner Teele: I would like to move that, in principle, the City Commission endorses the notion that an appropriate section of a street be identified, in honor and in recognition of the Evita Peron legacy and memory. I would so move. Commissioner Gonzalez: Second. Chairman Regalado: There is a motion and a second. What we're doing here, explain to him, is we are approving the idea and he will have to go before the Street Codesignation Committee and then we'll find a street and that will start the process, so, all in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-475 Motion 475. A MOTION ENDORSING, IN PRINCIPLE, THAT AN APPROPRIATE SECTION OF A STREET BE IDENTIFIED IN HONOR AND RECOGNITION OF EVITA PERON; FURTHER REFERRING SAID ISSUE TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele. Jr. NAYS: None ABSENT: Commissioner Joe Sanchez Mr. Echauri (Interpreted by Mr. Mourin): Thank you very much. Mr. Mourin: Thank you very much. 84 April 25, 2002 18. MANAGER TO MEET WITH EMPLOYEES, PARTICULARLY WITHIN OFFICES OF COMMUNITY DEVELOPMENT AND WORKFORCE DEVELOPMENT TO DETERMINE WHETHER OR NOT EMPLOYEES FEEL THEY ARE MISCLASSIFIED; CITY ATTORNEY TO MEET WITH AFSCME LOCAL 1907 UNION PRESIDENT AND MANAGER AND DRAFT PROPOSED CHARTER AMENDMENT TO PLACE ON BALLOT IN 2002 THAT WOULD CURE DEFECTS IN CHARTER. Chairman Regalado: I think we had a time certain for 4:15, but would you be able to -- you want to do the presentation for the Trust -- OK. Four fifteen, no problem. We did Jeff Rubin. Charlie Cox. It's on the agenda to address the City Commission. Charlie, good afternoon, sir. Charlie Cox: Charlie Cox, AFSCME (American Federal, State, County, and Municipal Employees), Local 1907, 4011 West Flagler Street. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Mr. Chairman, it's an honor to see Mr. Cox here. I would like to state, publicly, that I've had a number of discussions with Mr. Cox to date. I'm deeply concerned. I understand that the Manager has also talked to you, Mr. Cox? Mr. Cox: Yes. He's asked me to postpone this today. Commissioner Teele: And I wanted to join in that request, but Mr. Cox has indicated that he would be willing to allow to postponement, but he would agree to it, subject to the proffer that I'm about to make. Number one, that the City Manager be requested to meet with employees throughout the City, particularly within the offices of Community Development and Workforce, to determine whether or not any employee feels that they are misclassified or under -classified, and I'd like to explain why. Mr. Cox has a right to file grievances on behalf of any employee. In the spirit of trying to work in terms of the discussions that we've had over the last three months, that culminated with the raises and the salary adjustments. Mr. Cox indicated to me that if he were to start filing -- what's the word, Charlie? Mr. Cox: Class action grievances. Commissioner Teele: -- grievances, it would look -- it would become very voluminous, and what Mr. Cox is proffering is to have an informal process in which the Manager would conduct an interview, the union would be present. He could obviously not do it this way, but just start interviewing people and fling grievances. But he's agreed not to do that over a 60 -day period, if the Manager would agree to conduct a review of the employees of the department to ensure that the employees feel that they at least understand the process and that they're not qualified -- that they're not under -- what's the word? Under -classified? Mr. Cox: Working below their classification. Commissioner Teele: Working below their classification. The Manager is not obliged, under my motion, to do anything other than to interview the employees that would come forth, and we would -- I would not purport to instruct the Manager to do anything in this area. Is that a fair statement, Mr. Cox, as to what we've agreed on? Mr. Cox: Yes, sir. 85 April 25, 2002 Commissioner Teele: Secondly, the -- Mr. Cox is asking that all employees that have been terminated within the last two years from Community Development and Workforce Development be brought back for an exit interview to determine the basis of their termination. And is that a fair characterization, Mr. Cox? Mr. Cox: Yes, sir. Commissioner Teele: And would you be present or a representative be present during those interviews? Mr. Cox: Yes, sir. Commissioner Teele: The third thing was that -- what was the third thing, Charlie? Mr. Cox: That the -- that we start abiding by the City Charter. Commissioner Teele: Oh, yeah, that the City Attorney would be instructed to meet with the union and the management and to draft a City -- a proposed Charter amendment, to be on the ballot in September, October or November, the next general election, that would cure the defect in our Charter that basically mandates that no department may have more than five employees that are non -classified. Mr. Vilarello: Unclassified. Mr. Cox: Non -classified service. Commissioner Teele: And what has happened is that we've created, over the years, this system of just moving people to the Manager's office. For example, NET (Neighborhood Enhancement Team), the whole NET process is listed in the Manager's office for that. There's got to be a rational way to do this, other than saying five people. Maybe it should be a percentage of the over all workforce, looking at what we've got now, and give the Manager the flexibility, but clearly, what is happening now, in Mr. Cox's mind, is that we're not abiding by our Charter. I don't happen to agree. I don't want to characterize it that way. But I think the Attorney and the Manager, Mr. Cox, should look -- sit down and look at it and determine if there's a better way that our Charter can express our mutual intent. And I think that was the way we sort of agreed that that would work. And the last thing, and the most expensive thing or the only thing that could have a dollar impact is that all employees of the City that have worked -- well, let me state it this way-- that the Manager be required to report back to the Commission, within 60 days, the number, by department, of employees that have had continuous employment for the City for more than 24 months, and the budget implication, if any, of a policy change that would allow any employee that has worked for the City for 24 months, under a federal grant or under a grant, I should have said -- under a grant. That's the operative phrase -- under a grant; to determine whether or not the City could shift its policy to allow those persons, after 24 months or some other recommended period, that they would automatically be brought in as City employees. Currently, we have the potential of having people work for this City for two years, three years, four years, five years, 10 years, under a federal grant, and never be classified as City employees, which means they could be terminated at will. And I'd like to verify that from the personnel director, if I could, because I'm relying now -- and I trust Mr. Cox, and I'm sure that he's an honorable man, but I've not had the opportunity to meet with personnel on this. But what we're asking for is a study and to identify the numbers, by department, and the financial implication, if any. Obviously, if the grant continues it's zero financial implication, but I want to verify that Mr. Cox is right, that we do have a policy now that a person who is on a grant could stay on a grant for up to 10 years or more and never be a classified person in the City. 86 April 25, 2002 Ms. Angela Bellamy (Director, Human Resources): Angela Bellamy, Director of the Department of Human Resources. We have a Civil Service rule that says that employees can be designated as unclassified if the Director of Human Resources determines that, based on a grant, that it's not practical for us to use the Civil Service hiring procedures, which would be to wait for a register to be established and to go through those procedures. So, it is the practice that a department would request that a position be unclassified and they would give the specifics as to why, based on a grant, that the -- that we could not go through the normal hiring procedures. Commissioner Teele: Ms. Bellamy, my motion does not relate to that situation. My motion relates only to the situation where someone has worked in this City for a year or more, as an unclassified person, because they're on a grant and specifically, can a person work in this City as an unclassified person position, doing what otherwise would be classified, for more than two years? Ms. Bellamy: Yes. Carlos Gimenez (City Manager): I'll answer that, too. The answer is yes and the answer is that unclassified employees work at the will of the Director or the Manager, so, yes, after two years, if the grant period runs out, those employees are subject to layoff. Vice Chairman Winton: But I think your question is, how many of those employees -- how many of those employees, by department, do we have and what's the longevity, you know? So -- Mr. Gimenez: Right. We can -- Commissioner Teele: That's the only issue -- Ms. Bellamy: We can calculate that Commissioner Teele: That's all -- Ms. Bellamy: I thought his question was, do we have a policy that all grant employees are unclassified? We don't have such a policy. We review each particular classification, if the Department Director requests that they be made unclassified and they have to tell us why. That would -- Commissioner Teele: My motion is very simple. It is to request the Manager to identify, by department, the number of unclassified persons that are within the category of being unclassified because they're on a federal grant and to provide the longevity for each of those employees and we will make that policy decision or we will review that policy decision after we have the facts. Ms. Bellamy: OK. We can do that Commissioner Teele: And I -- and that's -- because I'm not trying to make policy here. I want to know what the facts are. Ms. Bellamy: Right. Commissioner Teele: And I trust Mr. Cox, but I have a hard time believing that we have any employees that's been here for four or five years in this situation, particularly in light of the way you described it. Would you think that we have anybody here for four or five years waiting on a classification, the way you've described it, that's unclassified, that's been unclassified for four years? 87 April 25, 2002 Ms. Bellamy: We may have. Chairman Regalado: Eight years. Eight years, nine years. Ms. Bellamy: We may have. Commissioner Teele: Do you agree with that policy? Vice Chairman Winton: Well, I think -- Chairman Regalado: I just want to know -- Vice Chairman Winton: I want to see the facts first and understand the facts. Chairman Regalado: I just -- I have two questions. First of all, Mr. Cox just said that the City needs to follow the City Charter. My understanding is, what you're saying is that the City is violating the City Charter. Mr. Cox: Absolutely. Commissioner Teele: I don't accept that. Mr. Cox: That's fine. Chairman Regalado: OK. That's what he said. He's the one that asked to be placed on the agenda, so, what is going on, Mr. City Attorney? Alejandro Vilarello (City Attorney): Commissioner Teele's direction is absolutely appropriate. Chairman Regalado: I'm asking about his comment. Mr. Vilarello: Well -- Chairman Regalado: No, no. I'm asking about his comments. Mr. Vilarello: The question is much too broad to give you an unequivocal answer. He simply says we're violating the Charter. In what respect? And this is not the appropriate forum for him to bring charges and for us to respond to charges. His statement is much too general to respond to, Commissioner. I can tell you that we don't believe that we're knowingly violating the Charter. There's a provision in the Civil Service, in Section 36, that does describe the number of unclassified positions per department. We believe we're in compliance with those provisions. Chairman Regalado: And my other question is, I just don't know how are we going to explain this to the voters. I mean, the voters had to approve a Charter amendment. I just don't know, with the economic impact and the recent contract, how can we bring this to the voters? I hope that someone would tell me, because I wanted to understand this. But I'm just wanted to understand his statement. Mr. Vilarello: Commissioner, the other issue that you just brought up was unclassified employees, on grants, that had been with the City for over eight years, they're still unclassified. That may very well be the case, and that very well may be lawful. As a matter of policy, you may not wish to accept that. The fact that it's -- that the policy is -- the fact that there are employees in that position, you may object to that 88 April 25, 2002 policy. But that policy -- that it may be lawful to do so. So I think, in the context at least Commissioner Teele's motion so far, we will address the legal issues in conjunction with the Manager's report, and define the parameters. Chairman Regalado: I understand that and I agree with his motion. I just don't know, I still how we're going to bring this to the voters and that may be something that we have to decide in the near future. Vice Chairman Winton: We haven't decided we're taking anything to the voters Commissioner Teele: Nothing. Vice Chairman Winton: There is no decision on taking anything to the voters. Chairman Regalado: No, no. Commissioner Teele said -- Vice Chairman Winton: But we have to vote on that, after we discuss it. Chairman Regalado: I understand that, Johnny, but I'm just asking, you know, for the future. But what I don't quite understand is the statement of the head of one of the unions of the City. That's all I wanted to understand, that we're doing something that we should not be doing. Vice Chairman Winton: We don't know that either, yet, so what's next? Commissioner Teele: If somebody would second it and call the question. Vice Chairman Winton: Second. Chairman Regalado: We have a motion and a second. All in favor -- Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Just for the record, I believe that we, as Commissioners, have made, to some extent, a contract with the union-- the Police, the Fire, the Solid Waste, and the Civil Service-- that we're going to try to work to solve these problems and create a more excited, a more higher morale work force. 1 think the issues that Mr. Cox are raising are issues that may be annoying to some employees. I'm not proposing any solutions. I'm saying we ought to have the facts, and just for the record, I have said repeatedly as a County Commissioner and as City Commissioner, something is wrong with any governmental body that keeps people on a register or a roster as an employee with 39 hours for some prolonged period of time to avoid paying them health benefits and dental benefits and the normal benefits. There is morally, in my mind, something wrong with that. I may be the only one here that feels that way. I don't want to be a part of that. I feel just as strongly something is morally wrong with the City that knows they get grants year after year after year and know there's no -- there is no guarantee you'll get the grant in the next year, but at some point we've got to all sort of suck it in and agree to treat people and give them the kind of job security that all of us want that are in career positions. And that's all that I'm saying. And I'm just saying, for the record, anybody, as far as I'm concerned, that's been here for two continuous years and done satisfactory performance, you know, we ought to review that policy as it relates to them. And that's all that I'm seeking to do. I'm not seeking to do anything today but to advance the policy issues and avoid any personal issue relating to the general employees union representative and I'm appreciate, Mr. Cox, you coming forward and being willing to defer the item that you had asked to be 89 April 25, 2002 on the agenda, so that we can talk about some broader policy issues, and, of course, you will have that right to raise the issues that you'd like to raise at some point in the future. Thank you. I would call the question, Mr. Chairman. Chairman Regalado: Yes. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-476 A MOTION REQUESTING THE CITY MANAGER TO MEET WITH EMPLOYEES THROUGHOUT THE CITY, PARTICULARLY WITHIN THE OFFICES OF COMMUNITY DEVELOPMENT AND WORKFORCE DEVELOPMENT TO DETERMINE WHETHER OR NOT ANY EMPLOYEE FEELS THAT THEY ARE MISCLASSIFIED OR UNDER -CLASSIFIED; FURTHER DIRECTING THE MANAGER TO CONDUCT EXIT INTERVIEWS OF ALL EMPLOYEES TERMINATED WITHIN THE LAST TWO YEARS FROM THE OFFICES OF COMMUNITY DEVELOPMENT AND WORKFORCE DEVELOPMENT TO DETERMINE THE BASIS OF EMPLOYEES TERMINATION, AND THAT DURING SAID INTERVIEWS, REPRESENTATIVE(S) OF AFSCME LOCAL 1907 BE PRESENT; FURTHER INSTRUCTING THE CITY ATTORNEY TO MEET WITH THE AFSCME LOCAL 1907 UNION PRESIDENT AND THE MANAGER AND DRAFT A PROPOSED CHARTER AMENDMENT TO PLACE ON THE BALLOT IN SEPTEMBER, OCTOBER OR NOVEMBER 2002 THAT WOULD CURE THE DEFECTS IN OUR CHARTER THAT BASICALLY MANDATES THAT NO DEPARTMENT MAY HAVE MORE THAN FIVE EMPLOYEES THAT ARE NOT CLASSIFIED; FURTHER DIRECTING THE MANAGER TO REPORT BACK TO THE COMMISSION WITHIN 60 DAYS WITH THE NUMBER, BY DEPARTMENT, OF EMPLOYEES THAT HAVE HAD CONTINUOUS EMPLOYMENT FOR THE CITY AS UNCLASSIFIED EMPLOYEES FOR MORE THAN 24 MONTHS UNDER A GRANT AND THE BUDGET IMPLICATIONS, IF ANY, OF A POLICY CHANGE THAT WOULD ALLOW SAID INDIVIDUALS TO BE MADE CLASSIFIED CITY EMPLOYEES. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Commissioner Joe Sanchez Chairman Regalado: On that matter, I -- Mr. Manager, if you can provide us with a list. I know, from the Parks Department's view that there is a situation there. They have several part-time employees that 90 April 25, 2002 have been like part-timers for years, but then there are openings, like in Public Works -- there are openings and people come off the street. I want to understand that -- why is that. Ms. Bellamy: Commissioner, if they apply -- any part time -- it used to be a policy that City employees, only classified City employees would get preference as City employees, but even temporary, a part-time employee, as long as they apply for a position, they're treated like any other classified employee, as long as they go through the -- you know, they fill out an application and they go through the interview process. So, as long as those people apply for another position, they will be given priority over someone from the outside. (INAUDIBLE COMMENTS) Ms. Bellamy: Yes, any part timer, temporary, and so you know, we have, from time to time, gone -- my department has gone out to the Parks Department, to any of the departments, public facilities, where we do have part timers or events in personnel to make sure that they understand what the procedures were so that they would understand and they know that they were eligible to apply for other positions. Chairman Regalado: Well, I just don't want to go on with this debate. But I know of a case of a guy that all he has done for four years is to cut grass with -- and weed with a machete in Virginia Beach. And he applied for a permanent position, and he was given an examination. Because of his deficiency in English, he was rejected. Now, my question is, does he need to speak to the trees in order to -- Commissioner Gonzalez: You need to have a master's degree. Chairman Regalado: -- to call and ask their permission or something? Ms. Bellamy: As a matter of fact, it depends on what the position is. Because we try -- Chairman Regalado: As a matter of fact, he was told that he was not going to get the position because he doesn't speak English. Ms. Bellamy: Well, Commissioner, I'd like to get with you and get the person's name so I -- Chairman Regalado: Why? Ms. Bellamy: Because I want to make sure that any employee is treated fairly. Chairman Regalado: Well, I don't think that -- I mean, according to the union, that is not the case, so, why should I say anything else? I mean, there's -- I mean, there's something wrong with this picture, and I hope that the Manager will give us the information and then we can decide. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: I believe that you know the fact that, for example, Manuel Garcia was a temporary employee for seven years, before he became a permanent employee of the City of Miami, and he was working for the City marinas. So, you know, it seems to be all over the place. Chairman Regalado: I guess. I mean, the Manager will give us the information, but seems to be a problem. 91 April 25, 2002 19. CONTINUE CONSIDERATION OF CERTIFICATE OF USE OF "EMPLOYMENT OFFICE" USE AS SPECIFIED IN ORDINANCE NO. 11000, WITHIN C-2 LIBERAL COMMERCIAL ZONING DISTRICT OF CITY. Chairman Regalado: It's 4:22 and we had a 4:15. We're getting closer to the time certain, so, if you want to do the presentation, we'll be happy to hear. Let me see. We have Executive Director of Dade Heritage Trust to discuss the Dade Heritage Trust historic preservation progress in the City. And also to present a copy of the Trust's newly published book. Ready? Francisco de la Paz: Mr. Chairman, if I may. I've just been advised that PZ -10 or PZ -2 has been deferred. If that's so, can we have a public knowledge so we can leave and not wait, if we choose to? Chairman Regalado: I don't know who deferred PZ -10. Mr. de la Paz: PZ -2. Chairman Regalado: Oh, PZ -2. I don't know who deferred that. Mr. de la Paz: Is it still in? Because I was just advised that. Chairman Regalado: Who told you that? Mr. de la Paz: One of the co -neighbors of mine told me that they had left and we were not going to hear it tonight. So, it's still on? Dena Bianchino (Assistant City Manager): It has not been deferred, to our knowledge. Mr. de la Paz: Oh, OK. Chairman Regalado: You don't vote. We do. So, we have not -- Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. The -- we -- based on new information that was provided to the Planning and Zoning Department, we would like to ask for a continuance on PZ - 2. Chairman Regalado: Well, you know, I would really appreciate that next time you advise the members of the Commission, because we look here like -- OK. Ms. Slazyk: I was just told this a little while ago. Chairman Regalado: Well -- you made a decision. Is that your decision? Next time you're going to vote on it, right? Why do you bring it here? I mean, you need to tell us, if you want to defer that -- I mean, if you don't want to recognize the Chairman, just tell somebody else in the Commission, because I'm supposed to run a meeting and -- I'm sorry, but I think it's very rude of you, Dena, to do this to us and especially to me. I mean, you could -- only would tell me -- if you tell me, I'll just tell the guy, and I don't look like somebody who does not have any information in front of the people. Ms. Bianchino: Commissioner, I apologize. I was just made aware of the -- 92 April 25, 2002 Chairman Regalado: It happened last time. It happened last time. You guys decide -- so, why are we here? Why do you need us? Mr. de la Paz: Thank you, sir. Chairman Regalado: You're welcome. 93 April 25, 2002 20. DISCUSSION REGARDING HISTORIC PRESERVATION PROGRESS IN CITY AND DADE HERITAGE TRUST'S NEWLY PUBLISHED BOOK. Chairman Regalado: Go ahead. I'm sorry. I'm sorry. This is going to be nice, but I'm sorry. Becky Matkov: Good afternoon, Commissioners. My name is Becky Rover Matkov, and I'm the Executive Director of Dade Heritage Trust, located at 190 Southeast 12th Terrace, Miami. Dade Heritage Trust is the largest historic preservation, non-profit organization in all Miami -Dade County. We were founded in 1972, and for the last 30 years, we have worked to preserve Miami's architectural, cultural and environmental heritage through restoration projects, advocacy, sometimes coming at y'all, and education. Our goal is to make Miami's historic sites and neighborhoods a point of pride for all Miami, and to have Miami's history serve as a bridge across cultural barriers. To do this, Dade Heritage Trust gives presentations of Miami's history and architecture to school and civic groups. We produce TV (television) documentaries, tours and a magazine, Preservation Today, which you have all just received a copy of. Every spring we orchestrate Dade Heritage Days, almost one hundred events celebrating the heritage of Miami -Dade County. Dade Heritage Days, I might add, is going on right now. It was all of March, all of April, and it will end April 30, with our preservation awards at the Biltmore. And you have just received an invitation to that, too. Dade Heritage Trust conducts workshops on restoration and community revitalization, as we did a few years ago on -- in coalition with the Historic Homeowners Association in the City of Miami, and our workshop, I hope you will note, which is written up in one of the magazines, and was attended by Commissioner Johnny Winton and Commissioner Art Teele, and who are pictured in there, and we will be sure and get all of the other Commissioners, when they come to our future workshops. We are now establishing a preservation revolving fund to save endangered historic properties and neighborhoods through acquisition, options and loans to homeowners. Dade Heritage Trust restoration projects have included the Cape Florida Lighthouse on Key Biscayne, for which we raised a million dollars, I might add: for Wagner Homestead, in Lummus Park, that's Miami's oldest house; the Miami City cemetery, Miami's most historic burial ground; and Dr. Jackson's office in surgery. Dr. Jackson's office, which was built in 1905 and is on the National Register of Historic Places -- is our Dade Heritage Trust headquarters, which we rent from the City, and with your help, which we will have a long- term lease on. As you know, Dr. Jackson's office was damaged dreadfully by the demolition of Dr. Jackson's house next door to us just last June, and to our chagrin, we had just learned that the Zoning Board has just approved a variance for a high rise that will be built within 10 feet of this very fragile wooden historic structure. And which will wreak havoc once more, a wrong which we hope you, as Commissioners, will right. Dade Heritage Trust instigated the campaign to save the Hampton house recently, a prominent African-American landmark. We're also working closely with you folks, the City of Miami, to save the first Miami high school, a 1905 bungalow, to relocate it to Southside Park, where it will be restored as a community learning center. We are sponsoring an old Miami High fundraiser May 20, at the Seaquarium, to which you are also all invited. And we urge you, as Commissioners, to support an allocation of two hundred and fifty thousand from the five million dollar ($5,000,000) City preservation bond funding for the old Miami High School. Dade Heritage Trust lead the fight to save the Sears tower and incorporated into the Performing Arts Center, where, despite nay sayers-- -- and, believe me, for the last 20 years, they had — nay sayers have outnumbered the others -- but you will see that that Sears tower will become a signature of the Performing Art Center, tying in Miami's past with its future. Dade Heritage Trust has also worked with the Downtown Development Authority to bring the Miami mainstream program to the heart of Miami, and we continue to promote downtown Miami with historic tours and events, and most of all, Dade Heritage Trust jumped into the fight when no one else dared to save the Miami Circle archeological site, going against the Mayor of Miami and the Commissioners, but again, mark my words -- Chairman Regalado: Not this Commissioner. 94 April 25, 2002 Ms. Matkov: The old Commissioners, OK. -- this will prove to be an economic blessing to the City of Miami. I've been serving on the State Planning Committee for the Miami Circle and, believe me, when the interpretive circle -- when the interpretive center for the Circle is completed and it is connected with a river walk to historic Lummus Park and hopefully to a national registered district in downtown Miami -- did y'all hear me say that? -- a national registered district in downtown Miami, and then when we have boat tours to Biscayne National Park, the City of Miami will become a heritage tourism destination of international renown, just as South Beach has. Historic preservation makes good economic sense that has been demonstrated over and over and over again in every city across this nation, from Boston to Charleston, from Savanna to San Francisco, from Chicago to Santa Fe and San Antonio. Historic preservation makes the City culturally interesting and unique. It creates a sense of place and it fosters a sense of community. It was with that in mind that Dade Heritage Trust produced our new book, Miami's Historic Neighborhoods, which we would like to present to each of you today. As editor, I ask Miami's most illustrious historians and writers, including Helen Muir, Arva Moore Parks, Howard Kleinberg, Dorothy Fields, and Professor Eri Milos, to contribute chapters on different parts of our community and secured 250 paragraphs, many of which you will never have seen before. This book has been warmly received. In fact, we sold out of it on our first addition in the first two months that it came out this fall. And I hope you all enjoy reading it. We want to thank each of you for your support of historic preservation. We thank you for your vote to strengthen the City of Miami's preservation ordinance, to prevent demolition of designated historic sites, and for the support and encouragement you've given Dade Heritage Trust in many ways. The City of Miami, we truly believe, is changing for the better, thanks to each of you, who genuinely care about doing the right thing, and I mean Commissioners and staff, too. Now, before I hand over these books, I'd like to introduce you to three of our Dade Heritage Trust board members, who just want to make a few short comments. Our first is Dolly McEntire, who founded Dade Heritage Trust 30 years ago, followed by Luis Penelas, a community activist who lives in Buena Vista, and Enid Pinkney, a past president of Dade Heritage Trust, and an unstoppable force for the City's cemetery, the Hampton House and many, many other things. Thank you very much. Chairman Regalado: Thank you. Becky, I have -- I, you know, really admire your work and --your good work. And I think, you know, that you're doing so much work and, yet, sometimes I think it goes unnoticed. I will tell you that with the right pitch, when we move the old Miami High building from there to there, I will tell you that that will become a national network news story. I will tell you that the Discovery Channel will do a program just on that, if we do the right pitch. If we do around it a series of events, it will become a national news story. If we can get -- Ms. Matkov: I think you're right. Chairman Regalado: -- you know, like one of the alumni, Senator Bob Graham, he -- you know, like he could drive the truck or something like that, like he does all the time. I think that these kind of things need to be publicized, because most of the people really don't know what we have. And I really think that this book should be read to the children in the public libraries. It should be brought to the schools, especially during this month, to showcase the different neighborhoods in the City of Miami, because many children will identify with the house that is historic, and you know -- it's a matter of reaching people. If people don't know, they don't care. If people don't know, they won't support. But if we're able to excite the people with what we have, not probably with tours because, you know, people will say, you know, I like -- I don't have time to do it. But if we can reach the media with things like this, I -- that's why, long time ago, I wanted to do a series, "Miami's Neighborhoods," in NET 9. Hopefully, we'll do it someday. But I think it -- with that book and with the Miami High Project, we should really work with the City resources to make this an event rather than a hassle for traffic, you know, because moving that -- and I -- you know, I will tell you. I will have children walking next to the trucks, falling in -- pulling in the building, you know, like vans announcing to residents that this is going on. If we make an event out 95 April 25, 2002 of this, I think, you know -- I don't know if you raise the money, but I am ready to support your request of money to be used for that project. So, I just -- Ms. Matkov: I thank you. Chairman Regalado: I just think that, you know, we need to do -- be more proactive in showing -- showcasing what you all do in the City of Miami-- we are City of Miami -- to the people of Miami. Ms. Matkov: Well, thank you so much for the suggestions. And we certainly are planning to make that when we actually move the building -- a huge media event, and I will say, too, that Parks Director, Al Ruder, and Carlos Gimenez' office have been wonderful in working with us in planning up to now, and then for the fundraiser at the Seaquarium, May 20 -- when you mentioned Senator Graham, he is going to be there that night, and so, we really think this could be a wonderful event for the City. You're right, and I so appreciate it, and, of course it will be a City -owned building in a City park for a learning City, so, it's a dynamite project and we do thank you. And now, if I can call on Dolly to say a few words. Dolly McEntire. Dolly McEntire: My name is Dolly McEntire. I live at 1835 South Bayshore Drive, in Miami, and have for 30 years. I've been involved in historic preservation in this town since 1966. That makes me the oldest living preservationist. I've asked myself why I care? It's because I grew up as a child without roots. My father was a naval officer and we moved as many as five times a year. No roots. I came down here to go to school and, low and behold, I set my roots, and when the Freedom Tower, Dr. Jackson's office, Vizcaya, when these are threatened, you're threatening my roots, and you're threatening the roots of many people, who, increasing in numbers, were born here, and many who have come here and will never go anywhere else. Becky, I think, told you very succinctly and impressively what we've been doing for 30 years, and I'm very pleased to sense that the Commission, this is a new day and you understand what it's all about, but I must warn you, if you don't watch out, we're going to turn you into avid preservationists. Thank you. Chairman Regalado: Thank you. Luis Penelas: Hi. Luis Penelas, 133 Northeast 47th Street. First of all, I want to thank each and every one of you because I know each and every one of you has been very supportive to our cause and all of our causes, but we have a long way to go. Why do we care about old buildings? Because we care about our past, because if we do not respect our past, how could we instill in our children what pride itself is? I will never forget the presentation we made in front of the Brownsville Middle School, when we talked to them about the history that had occurred in their own back yards. They had no idea that they were living in what literally was the heart of the civil rights movement all of these years. I know that these children will make better choices in their lives as they continue, because of this information. This is why we're in historic preservation, but we have a long way to go. Our Historic Preservation Department in the City of Miami needs a lot. It needs to expand. It needs a director who is responsive to the community, somebody who lives in the community, somebody who we can get hold of on the phone when we need to. We need a Historic Preservation Board that is also responsive to the individual and unique needs of each and every neighborhood. How can we encourage new neighborhoods to put upon themselves the restrictions of historic preservation, if they're faced with obstacles every time they want to do anything in their own homes? We also need a Code Enforcement Department that is aware of the differences between a home built after 1965 and a home built in 1924 and the differences that are applicable to those homes. Thank you very much. Chairman Regalado: Thank you, Luis. 96 April 25, 2002 Enid Pinkney: I'm Enid Pinkney. Well, first of all, before I give you my address, I'm going to tell you where I was born. I was born at 1827 Northwest 5th Court, in Overtown. That comes first. 4990 Northwest 31st Avenue. I am a part of Dade Heritage Trust because when I first noticed this organization, I noticed that it was majority white. In fact, I think it was all white. It might have been all white. I don't know, but that's what I think. And I know that black people were here in Miami, and helped to build Miami, and were incorporators of the City of Miami, so, I said that I better put my two cents into this organization, and that's what I have been trying to do, and we, of course, with your help, we have been able to give much black history in the celebration that we do each year -- this is our ninth year. And I've thanked you before, and I'm thanking you again, for how you help us to tell our story in a very dramatic way. I got a call the other day from a Jewish rabbi who says that he's going to walk down 3rd Avenue on Sunday with us, because we're going to be a multicultural, multiracial -- we're having a program that has the Catholic participation, the protestant, the Jewish. Everybody is going to be out there Sunday participating and celebrating the heritage of Miami, not just the black heritage, but the entire heritage of Miami, and I am very proud to be a part of this, as a part of Dade Heritage Days, and, of course, I'm going to be looking for all of you to come. I know that Commissioner Teele is there every year, and I want the rest of you to be out there to show Miami that you, too, respect this multicultural, multiracial and multi-religious community that we live in. Thank you very much. Commissioner Teele: Why don't you -- before you leave, why don't you just say exactly what time and where -- it starts at St. Agnes on Northwest 3rd Avenue and about 18th Street -- 17th Street. Eighteenth is gone now. Seventeenth Street. Ms. Pinkney: Yes. Commissioner Teele: And what time is that at? Ms. Pinkney: Three o'clock when the band strikes up. We're going to have the progressive Coronet band. And the walk is not that far from St. Agnes to the City's cemetery, so you won't even feel that you're walking, because the music is good. Commissioner Teele: We'll walk from about 18th Street to 20th Street on 3rd Avenue, and then east on 3rd Avenue over to Miami Avenue. Ms. Pinkney: Right. Commissioner Teele: And over to the cemetery. Ms. Pinkney: Right, and we go in the Miami Avenue -- let me tell why you we go in the Miami Avenue side. We go in the Miami Avenue side, because that was the colored side. Now, back in the days of 1896, we couldn't go in on the Northeast 2nd Avenue side, so we're still celebrating our heritage by going in on the Miami Avenue side, because that was back in segregation, but a lot of people don't know that and we want people to remember that things were not always as they are today, and that's the reason we go in on the Miami Avenue side, but we -- and we have a lot of history. I know -- I can't share it all with you now but one of the persons -- two of the people that we're honoring, M.T. Mitchell and Audrey Willis. Audrey Willis was a slave, who came here through the Underground Railroad. They were incorporators of the City of Miami and they're going to be honored on Sunday. We're going to unveil a headstone for M.T. Mitchell, and George Kelly, who was a musician with the Ink Spots; so we have an exciting program for you and we're expecting you to come, and we say again, thank you for making the opportunity for us to do this and a special thanks to Mr. Ruder, who checks every move that we make to make sure that everything is going to be OK. Thank you. 97 April 25, 2002 Chairman Regalado: Thank you. Ms. Matkov: Thank all of you for your attention. You've been very gracious and we appreciate it. And now I do want to present to each of you our book on Miami's historic neighborhoods. Thank you a lot. Chairman Regalado: Thank you. Commissioner Teele: Is Ms. Gelabert here, Mr. Manager? Mr. Gimenez: Yes, sir, she is. 98 April 25, 2002 21. GRANT REQUEST FROM FOUNDATION FOR DEMOCRACY IN AFRICA FOR SUPPORT OF AFRICANDO TRADE AND INVESTMENT CONFERENCE ON MAY 8 THROUGH 12, 2002 AT BAYFRONT PARK; AUTHORIZE MANAGER TO ALLOCATE $8,274 TO BAYFRONT PARK TRUST TO COVER COST OF FIRE AND POLICE PROTECTION. Chairman Regalado: OK. We have scheduled a CRA (Community Redevelopment Agency) meeting, but before, the Mayor has requested just a brief presentation from the Foundation For Democracy in Africa. Mr. Anthony Okonmach, the Executive Director, is here to address the City Commission. This is Mayor Manny Diaz' item. And we had them waiting long here. We're very sorry, but we are eager to listen to what you have to say. Anthony Okonmach: Thank you, Chair. Chairman Regalado: Your name, sir. Mr. Okonmach: For the record, my name is Tony Okonmach. I represent the Foundation for Democracy in Africa, an organization that was formed for the sole purpose of integrating African countries into the world economy. About 1997, '98, a trade bill, which we call the Okowa, or the Trade Bill 2000, was signed into law. Initially, it was an initiative, but it was an initiative that grew out of a study that was promulgated by President Bush, after the fall of the Berlin Wall as to how we're going to now deal with African nations, since democracy is now the order of the day for the rest of the developing countries. So, this Okowa bill was derived out of that national review study and the Okowa bill was passed into law in year 2000, signed by President Clinton. It was a bill that had unanimous support, both from the Senate, the House, and from the two, you know, partisans, from the two parties. So, it was a bill to stimulate bilateral between Africa and the U.S. (United States) because Africa now is on the radar for the first time in the history of United States. As we know -- Commissioner Teele: Excuse me. I got the call from Commissioner Moss at the County and he's also requesting -- your request is for nine thousand -- the request that the Mayor's office and Commissioner Moss is to support a function, and it's characterized as a Festival, but it's not just a Festival. The activities -- the main activity will take place in the Intercontinental Hotel and the request is to use Bayfront Trust facilities, which is Bayfront Trust board has approved -- already approved, and so it has the support of the Chairman of the Bayfront Trust. What's missing is, we're going to bring all these people here from all over the world, including government officials from Washington, and we're going to try to have a nice festival in front of the Intercontinental, there along Claude Pepper, a little way there, and there's a need to identify some eighty-two hundred dollars ($8200) in costs, primarily for the Police and Fire. Is there sufficient funds in the budget account? Lina Blanco: Yes, there is. Lena Blanco, Special Events Coordinator. We -- the administration recommends allocating to Bayfront Park eight thousand, two hundred and seventy-four dollars so they can pay for Police and Fire. Commissioner Teele: And so the money would go to Bayfront Park? Ms. Blanco: Yes. Commissioner Teele: And with the permission of the Chairman of Bayfront Park, I would so move. Chairman Regalado: There is a motion. 99 April 25, 2002 Commissioner Sanchez: Second. Chairman Regalado: And a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-477 A MOTION GRANTING REQUEST FROM THE FOUNDATION FOR DEMOCRACY IN AFRICA FOR SUPPORT OF THE AFRICANDO TRADE AND INVESTMENT CONFERENCE ON MAY 8 THROUGH 12, 2002 AT BAYFRONT PARK; FURTHER AUTHORIZING THE MANAGER TO ALLOCATE $8,274 TO BAYFRONT PARK TRUST TO COVER THE COST OF FIRE AND POLICE PROTECTION. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. Chairman Regalado: Thank you very much. Mr. Okonmatch: Thank you, sir. Chairman Regalado: We'll be there. Commissioner Teele: Good luck, and we'll all be there. Mr. Okonmatch: Thank you. Commissioner Teele: Please go to our Real Estate and Economic Development Office so that they can be a part of this, as well. 100 April 25, 2002 22. WITHDRAW CONSIDERATION OF PROPOSED BIDS FOR MEALS TO ELIGIBLE CHILDREN FOR CITY'S SUMMER FOOD SERVICE PROGRAM 2002; DEFER: PROPOSED COLLECTIVE BARGAINING AGREEMENT WITH EMPLOYEE ORGANIZATION FLORIDA PUBLIC EMPLOYEES, COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871 FOR OCTOBER 2000 THROUGH SEPTEMBER 2001; PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR OCTOBER 2001 THROUGH SEPTEMBER 2004; PROPOSED CODE AMENDMENT TO CONFORM WITH TERMS OF COLLECTIVE BARGAINING AGREEMENT. Carlos Gimenez (City Manager): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Gimenez: We need to -- like to pull Item Number 10, also like to defer Items 20, 21 and 22 to the next meeting. Commissioner Teele: So moved, Mr. Chairman. Commissioner Gonzalez: Second. Ten, 20? Chairman Regalado: What item? Commissioner Teele: You want to read them into the record again. Mr. Gimenez: Yes. Going to full Item Number 10, we're going to defer Item 20, 21, and 22 to the next meeting. Chairman Regalado: Item 20 was already pulled. Twenty-one now is pulled. And 22 is pulled. Commissioner Teele: There was a motion and a second. Chairman Regalado: It's a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. 101 April 25, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-478 A MOTION TO WITHDRAW CONSIDERATION OF PROPOSED BIDS FOR MEALS TO ELIGIBLE CHILDREN FOR THE CITY'S SUMMER FOOD SERVICE PROGRAM 2002; FURTHER DEFERRING TO THE NEXT COMMISSION MEETING THE FOLLOWING ITEMS: ITEM 20 (PROPOSED COLLECTIVE BARGAINING AGREEMENT WITH THE EMPLOYEE ORGANIZATION KNOWN AS THE FLORIDA PUBLIC EMPLOYEES, COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871 FOR OCTOBER 2000 THROUGH SEPTEMBER 2001); ITEM 21 (PROPOSED COLLECTIVE BARGAINING AGREEMENT WITH THE EMPLOYEE ORGANIZATION KNOWN AS THE FLORIDA PUBLIC EMPLOYEES, COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871 FOR OCTOBER 2001 THROUGH SEPTEMBER 2004); ITEM 22 (PROPOSED CODE AMENDMENT TO CONFORM WITH TERMS AND CONDITIONS OF A CERTAIN COLLECTIVE BARGAINING AGREEMENT). Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. 102 April 25, 2002 23. AUTHORIZE DONATION OF FUNDS FROM CHAIRMAN REGALADO'S BUDGET, $1,000 TO FLORIDA MEMORIAL COLLEGE SCHOLARSHIP FUND IN HONOR OF INEZ WILCOX; ALLOCATE SAID FUNDS FROM UNEXPENDED FUNDS FROM FISCAL YEAR 2001-2002. Commissioner Teele: Mr. Chairman, Ms. Wilcox was here this morning. We told her that you weren't going to bring the item up until 4:15, and she's here all eager. She made a very brilliant presentation on behalf of Florida Memorial. Chairman Regalado: And if --would you chair just for one second? Vice Chairman Winton: Yes, I would. Chairman Regalado: I have a resolution here, a resolution of the City of Miami Commission authorizing the donation of fundS from my office budget, in the amount of one thousand dollars to the Florida Memorial College Scholarship Fund in honor of Inez Wilcox; allocating said funds from unexpended funds of fiscal year 2001-2002. That's my motion. Commissioner Sanchez: Second. Commissioner Teele: Second. Vice Chairman Winton: We have a motion and a second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Chairman Regalado, who moved its adoption: RESOLUTION NO. 02-479 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DONATION OF FUNDS, IN THE AMOUNT OF $1,000, TO THE FLORIDA MEMORIAL COLLEGE SCHOLARSHIP FUND, IN HONOR OF INEZ WILCOX; ALLOCATING SAID FUNDS FROM UNEXPENDED FUNDS OF FISCAL YEAR 2001-2002. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 103 April 25, 2002 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: OK, OK. Thank you. And we have scheduled a CRA (Community Redevelopment Agency) meeting for 4:45. The Chairman of the CRA called for this special meeting. So, the City Commission now is in recess. We will continue this meeting until and after the CRA special meeting. After the CRA special meeting, we have a -- is the item on Camillus House a CRA or City Commission? Commissioner Teele: It's CRA, the second meeting. Chairman Regalado: The second meeting of the CRA, so it will be chaired by the Chairman of the CRA, Commissioner Arthur Teele, Jr., and all the members of the CRA will be here. So, at 4:55 we are recessing the regular City Commission meeting. 104 April 25, 2002 24. CONVENE CRA. MEETING THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY OF SECTION 163.01, FLORIDA STATUTES, AND PART III, CHAPTER 163, FLORIDA STATUTES, CONSTITUTED ITSELF AS THE COMMUNITY REDEVELOPMENT AGENCY FOR SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS OF THE CITY OF MIAMI, IN ORDER TO DEAL WITH THE FOLLOWING ISSUES: Board Member Regalado: We are going to start the CRA (Community Redevelopment Agency) meeting. Chairman Teele. Chairman Teele: Thank you, Mr. Chairman. The CRA meeting -- Ms. Lewis, we need you. The general counsel can stay. Is special counsel here? Mr. Bloom? The CRA meeting called for 4:45 is called to order. This item consists of seven items. And the first item involves the Center for Transportation Research. A resolution authorizing the Southeast Overtown/Park West/Omni CRA's to enter into an interlocal agreement with the University of South Florida College of Engineering for professional services in connection with transportation projects in the redevelopment area. Vice Chairman Winton: So move. Chairman Teele: Moved by Commissioner Winton. Board Member Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez. Is there objection? I would make note to the public that the CRA Executive Director is instructed to make available the support of this agency to the DDA (Downtown Development Authority), to MSEA (Miami Sports and Exhibition Authority), to the Bayfront Trust, as well as the City of Miami, as may be required. And I would add that that include the -- any other entity of the City that's appropriate. All those in favor, say "aye." The Board (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-59 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE SEOPW CRA TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF SOUTH FLORIDA COLLEGE OF ENGINEERING'S "CENTER FOR URBAN TRANSPORTATION RESEARCH (CUTR)" FOR PROFESSIONAL SERVICES IN CONNECTION WITH PUBLIC TRANSPORTATION PROJECTS IN THE REDEVELOPMENT AREAS INCLUDING BUT NOT LIMITED TO THE GRANDE PROMENADE PROJECT, OTHER PUBLIC TRANSPORTATION, TRANSPORTATION PLANNING, INTELLIGENT TRANSPORTATION SYSTEMS (ITS), TRANSPORTATION DEMAND MANAGEMENT (TDM), TRANSPORTATION SAFETY, AND THE DEVELOPMENT OF THE TRANSPORTATION MANAGEMENT 105 04/25/02 AUTHORITY (TMA), FOR A PERIOD OF TWO YEARS, IN AN AMOUNT NOT TO EXCEED $50,000, SUBJECT TO THE AVAILABILITY OF FUNDS FROM ACCOUNT NUMBER 689001.550108.6.270; FURTHER AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO APPLY TO THE METROPOLITAN PLANNING ORGANIZATION (MPO) AND/OR THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT 6, FOR REIMBURSEMENTS OF SAID $50,000, OR ALTERNATIVELY, TO REQUEST A GRANT IN THE AMOUNT OF $50,000; ALSO AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO THEN MAKE AVAILABLE ALL SUCH REQUESTED CUTR SERVICES TO THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA), THE CITY OF MIAMI, THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA), THE OMNI REDEVELOPMENT AUTHORITY AND THE BAYSIDE PARK TRUST WITH ALL SUCH COST TO BE ABSORBED BY THE SEOPW CRA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None Chairman Teele: A second resolution is a resolution -- Alejandro Vilarello (City Attorney): Excuse me, Mr. Chairman. Just to make sure we're clear on the record, because we have a second number Item 1. That was Item Number 1 on the April 23`d distribution of the agenda. Chairman Teele: Yes. Item Number 1, as I read into the record, authorizing SEOP (Southeast Overtown/Park West), an interlocal agreement with the University of South Florida College of Engineering. 106 04/25/02 25. CRA AGENDA ITEM 2 -- DOVER KOHL PARTNERS GRANDE PROMENADE. Chairman Teele: Item Number 2 is a resolution amending the resolution of Southeast Overtown/Park West, authorizing the Executive Director to enter into a separate agreement with Dover Kohl in connection with planning of the Grande Promenade, not to exceed the amount of money stated and from the account as stated. Vice Chairman Winton: So move. Chairman Teele: By Commissioner Winton. Board Member Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez. Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-60 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) WITH ATTACHMENTS, AUTHORIZING THE CRA TO AMEND RESOLUTION SEOPW/CRA R-01-51 AND AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO ENTER INTO A SEPARATE CONTRACT WITH DOVER KOHL & PARTNERS IN CONNECTION WITH THE PLANNING OF THE GRANDE PROMENADE IN AN AMOUNT NOT TO EXCEED $50,000, SUBJECT TO THE AVAILABILITY OF FUNDS FROM ACCOUNT NUMBER 689001.550108.6.270. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele Jr. NAYS: None ABSENT: None 107 04/25/02 26. CRA AGENDA ITEM 3 -- PIGGYBACK CONTRACT WITH WALLACE, ROBERTS & TODD (WRT) PLANNING CONSULTANT. Chairman Teele: This is a resolution authorizing the piggyback of the contract with Wallace, Roberts and Todd for the full contract matter, retroactive to May I", subject to the availability of funds, and further designating WRT (Wallace Roberts & Todd) as the general planning consultant to the CRA (Community Redevelopment Agency). And this succeeds Bermello, Ajamil, so this is a change in the general planning consultant, as was planned. B&A (Bermello, Ajamil) served successfully for five years as the planning consultant. And this draws on the organization that has been working largely with the DDA. Vice Chairman Winton: So move. Chairman Teele: Moved by Commissioner -- Vice Chairman Winton: And want discussion for a few minutes. Board Member Gonzalez: Second. Board Member Sanchez: Second. Chairman Teele: Second by Commissioner Gonzalez -- I mean Commissioner Sanchez -- for the purpose of discussion. Commissioner Winton. Vice Chairman Winton: I don't understand why we're making this retroactive to May of 2001, which is a year, a full year of retroactivity. Chairman Teele: Mr. Attorney? The answer is, is that this contract was approved a full year ago. We have not been able to get a contract from the City Attorney's Office for the previous contract that was approved. That contract has legally expired. And therefore, even though we entered into the agreement by an appropriate resolution for over 14 months, no contract was ever issued to WRT. So they have done certain amount of works. Specifically, they've done work in the planning of the 91h Street Mall and the interface with the Greenway Project for -- with the Urban Land Institute. The work that they've done has been well documented. We know exactly what they've done. They've submitted detailed reports of it. But they've not been paid for over a year. And so we're retroactively making this, because the County Attorney advised that we could not legally extend a contract that has already expired in life. Vice Chairman Winton: So we approved this contract back -- that's why -- So we approved this contract in May of last year or before May. Chairman Teele: Ms. Lewis? Annette Lewis (Acting Executive Director, CRA): There was a resolution that was approved more than a year ago, sir, but the contract was never issued against that original resolution. But to date, there are no outstanding invoices for WRT, sir. Vice Chairman Winton: But that sounds like it's only because they haven't sent us an invoice yet. Is that correct? Chairman Teele: They can't. There's nothing to invoice against. I mean -- Vice Chairman Winton: But they've done work. 108 04/25/02 Chairman Teele: They've done work. But if they had done -- If they had invoiced us, would have had a problem then with the Finance and Budget Office, because there is no contract. Vice Chairman Winton: Well, there's going to be invoices, though. I mean -- Chairman Teele: That's why it's retroactive. Vice Chairman Winton: Right. Chairman Teele: But they held meetings in Mount Zion Baptist Church -- Vice Chairman Winton: I understand. Chairman Teele: -- all of last summer -- Vice Chairman Winton: I'm clear. Chairman Teele: -- on the 91h Street Mall, with the community, et cetera, et cetera, et cetera, with many of the people in this room. Those were all WRT. Alejandro Vilarello (City Attorney): Commissioner, the contract that has been prepared does require that those projects, themselves, be either specifically approved by the CRA or otherwise. So those invoices will match up with authorizations, either within the authority of the Executive Director, or specifically approved by the CRA Board. Vice Chairman Winton: Good. Thank you. Chairman Teele: On the motion, all those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: All opposed? 109 04/25/02 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-61 OMNI/CRA 02-30 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") (subject matter: authorizing the CRA to enter into a piggyback contract from Miami -Dade County's contract (A00 Park -01) with Wallace Roberts & Todd (WRT) for the full contract amount of $500,000, retroactive to May 1, 2001, subject to the availability of funds from account numbers 686001.590320.270, 689001.550108.270 and 689004.55001.6.270 and further designating WRT as the General Planning Consultant to the CRA). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 110 04/25/02 27. CRA AGENDA ITEM #4 -- ADOPT LEND-LEASE POLICY OF CRA AS IT RELATES TO LEASING OF COMMERCIAL EQUIPMENT PROPERTIES TO QUALIFIED BUSINESSES LOCATED ALONG HISTORIC N.W. 3RD AVENUE BUSINESS CORRIDOR.) Chairman Teele: A resolution adopting the lend-lease policy. It's been around for six months. Motion by Commissioner Reizalado. Is there a second? Second -- Board Member Gonzalez: Second. Chairman Teele: -- by Commissioner Gonzalez. All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: All opposed? The following resolution was introduced by Board Member Regalado, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-62 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING THE LEND-LEASE POLICY OF THE CRA, AS DETAILED IN EXHIBIT "A," AS IT RELATES TO THE LEASING OF COMMERCIAL EQUIPMENT PROPERTIES TO QUALIFIED BUSINESSES LOCATED ALONG THE HISTORIC N.W. 3RD AVENUE BUSINESS CORRIDOR ("D.A. DORSEY WAY") BETWEEN N.W. 8TH STREET AND N.W. 14TH STREET, D.A. DORSEY WAY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 111 04/25/02 28. CRA AGENDA ITEM #5 -- PROVIDE FORGIVABLE LOAN TO SURVIVAL MUSIC STUDIO, INC., IN AN AMOUNT NOT TO EXCEED $55,000, SUBJECT TO AVAILABILITY OF FUNDS. Chairman Teele: This is a resolution to provide a grant in the form of a forgivable loan, not to exceed fifty-five thousand dollars, for the purchase and installation of equipment to comply with the requirements of ADA (Americans With Disabilities Act). And the work is completed by May 10` , subject to the grantee providing collateral and other terms and conditions that are satisfactory to the Executive Director and special counsel, and further authorizing the Executive Director to execute all legal instruments necessary to carry it out, and to replace -- report back to the Board within 30 days to submit a contract for ratification. Board Member Gonzalez: So move. Chairman Teele: By Commissioner Gonzalez. Board Member Regalado: Second. Vice Chairman Winton: Second. Discussion. Chairman Teele: By Commissioner -- for discussion by Commissioner Regalado. Commissioner Winton, you're recognized. Vice Chairman Winton: I think what we have to do here is make sure that we have a clear understanding as to the history of the company here, and what their financials are, because we're going to put money into infrastructure. And what happens if they go out of business six months after we put fifty-five thousand dollars worth of money into this building, or a year after? So I don't know -- I haven't -- there isn't anything in here that -- Chairman Teele: I'd like to amend the amount not to exceed twenty thousand dollars, based upon some new estimates. But what is going to happen is these are lifts and plumbing that will be in a building. And whether they are there or not, this is in our Club District area on I I 1 Street. It's going to meet the ADA requirement. And our goal is not only to get those facilities up and running, but to provide accessibility to the public. So whether that club or that facility actually operates, it's more important that the building be ADA -accessible. And your concerns will be addressed. That's why the terms and conditions of collateral are so important, as you've identified. Vice Chairman Winton: Yeah. And that is the key issue with me. And even if they go out, you know, the next -- Because this is privately owned, right? Chairman Teele: Yes, sir. Annette Lewis (Acting Executive Director, CRA): Correct. Vice Chairman Winton: OK. So the next -- if they go out, the next owner -- I mean the current owner could decide he wants to bulldoze the building and do something else. So I just want to -- Chairman Teele: I see the owner here, and he's one of the few African-American owners -- he's the only African- American owner on I I 1 Street. Not that that's important, but, sir, would you take the podium, and would you identify yourself and address, and would you pledge some sound equipment worth at least fifty thousand dollars? Garth Guthrie: Yes, definitely. My name is Garth Guthrie, co-owner of Exile Nightclub, 9011 North I I 1 Street -- 90 Northeast I I 1 Street. And, yes, we do have enough collateral to provide for you to cover the fifty-five thousand dollars that we're requesting. 112 04/25/02 Chairman Teele: Would you provide us with a UCC -1 lien on certain amount of sound equipment that you personally own? Mr. Guthrie: Definitely. Vice Chairman Winton: Great. Mr. Guthrie: Definitely. Board Member Sanchez: And it's also been amended to twenty thousand dollars. Chairman Teele: Not to exceed twenty thousand. Vice Chairman Winton: Well, and I started it -- You know, Commissioner Teele, when you said that, I started to interrupt, but we got off on another piece. I think that we need to make sure that the amount is -- You know, we want it to work. We want it to do the right thing. If it takes more, I don't mind more. I just want to make sure that if it's more -- that whatever it is that we have the appropriate collateral that just protects our investment. That's all I'm looking for. Chairman Teele: Then for the sake of discussion, let's leave it at the fifty-five thousand, with the collateral, and with the understanding that we're to try to get those numbers down. The ADA compliance issue is a tricky issue, and it's one that we've never been confronted with. There was a change in the law that went into effect on January 1, and everybody that is trying to help us develop and create jobs is being caught by surprise. Vice Chairman Winton: Well, I deal -- I've dealt with it in all, in all my buildings, I can assure you. Chairman Teele: Further discussion? All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Those opposed? Board Member Sanchez: One "no." Chairman Teele: One "no." The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-63 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO PROVIDE A FORGIVABLE LOAN TO SURVIVAL MUSIC STUDIO, INC., IN AN AMOUNT NOT TO EXCEED $55,000, SUBJECT TO THE AVAILABILITY OF FUNDS FROM ACCOUNT NUMBER FOR THE PURCHASE AND INSTALLATION OF EQUIPMENT TO COMPLY WITH THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT (ADA) BY MAY 10, 2002, 113 04/25/02 SUBJECT TO THE GRANTEE PROVIDING A COLLATERAL AND OTHER SUCH TERMS AND CONDITIONS SATISFACTORY TO THE EXECUTIVE DIRECTOR AND SPECIAL COUNSEL (HOLLAND AND KNIGHT); AND FURTHER, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL SUCH REQUIRED LEGAL INSTRUMENTS NECESSARY TO CARRY OUT THIS REQUEST AND TO REPORT BACK TO THE CRA BOARD IN THIRTY (30) DAYS AND TO SUBMIT A CONTRACT FOR RATIFICATION, AND REQUIRING THAT ALL NECESSARY ACTION BE COMPLETED WITHIN TEN (10) WORKING DAYS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: Board Member Joe Sanchez ABSENT: None 114 04/25/02 29. CRA AGENDA ITEM #6 -- AUTHORIZE EXECUTIVE DIRECTOR TO PROVIDE TECHNICAL AND FINANCIAL SUPPORT TO REAL MEN CHARITIES, INC., IN AN AMOUNT NOT TO EXCEED $18,000 IN CONNECTION WITH 13TH ANNUAL FATHER'S DAY REAL MEN COOK CHARITY EVENT TO BE HELD AT FLORIDA MEMORIAL COLLEGE ON JUNE 16, 2002; FURTHER, PROVIDE ADMINISTRATIVE SUPPORT TO AREA BUSINESSES VOLUNTEERING TO ASSIST IN SAID EVENT; AND FURTHER INSTRUCT EXECUTIVE DIRECTOR TO FILE REPORT AT JUNE 2002 BOARD MEETING REGARDING ALL EXPENDITURES AND ACTIVITIES RELATED TO THE EVENT. Chairman Teele: The next item is a technical assistance support for Real Men of Charity, for the rental of buses and vans to take area youth and faith -based organizations to the 13`' Annual Father's Day Real Men Cook Charity, to be held at Florida Memorial College on June 161h. Board Member Sanchez: So move. Chairman Teele: Moved by Commissioner Winton (sic). This resolution is defective, Madam Director. You were requested specifically to request that the Manager, the Mayor and this Board be available as cooks, if available. Board Member Gonzalez: Second. Annette Lewis (Acting Executive Director, CRA): Sir, there is a scrivener's error. That should be eighteen thousand, not fifteen thousand. Chairman Teele: OK. You sure about that? Board Member Sanchez: Well, fifteen thousand dollars will get you a lot of buses. Ms. Lewis: No. It's also for the purchase of tickets to the event, sir. Chairman Teele: For the students, for the kids in Overtown, in the Redevelopment Area. And let me just say this: I think that getting children with their families on a college campus, Florida Memorial, in a positive environment is one of the most positive things that we can do for the youth in Overtown. And I agree with Commissioner Sanchez, it's a lot of tickets. But it also pays buses, it pays for the tickets that each person has to pay, that the families have to pay. The money goes for the benefit of Florida Memorial College, and it's another worthwhile activity. Board Member Sanchez: Mr. Chairman, also, just a point of clarification. Nowhere here does it state that we're buying tickets. It's for rental of buses and vans to take area youth and faith organizations to the 13`h Annual Father's Day -- It doesn't say anything about purchasing tickets. I'm just -- If you want, I just have it on the resolution. Ms. Lewis: Yes, sir. Board Member Sanchez: So if amended to purchase the tickets, and it was fifteen thousand dollars and went to eighteen thousand dollars now. Is this a revised copy? And I understand, but we -- I got this copy two days ago, the revised copy. I want to make it clear, Executive Director, five days. From now on, five days. I need to have it five days. Ms. Lewis: Yes, sir. Board Member Sanchez: I know it's tough, but I need it in five days. 115 4/25/02 Chairman Teele: It also is going to help to pay for sound equipment, I think, or something. But we're trying to help them out and trying to help get the children out there. But I think your point is well taken. It should be corrected. All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Those opposed? The following resolution was introduced by Board Member Sanchez, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-64 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA") (subject matter: authorizing the Executive Director to provide technical and financial support to Real Men Charities, Inc., in an amount not to exceed $18,000 for providing transportation of area youth and faith -based organizations to the 13`h Annual Father's Day Real Men Cook Charity event to be held at Florida Memorial College on June 16, 2002 from 3:00 PM to 6:00 PM; and further providing administrative support to area businesses volunteering for the charity event, and instructing the executive director to file a report at the June board meeting on all expenditures and activities related to the charity event). MODIFIED TO INCLUDE TICKETS AND SOUND EQUIPMENT. Direction to the CRA Administration: By Board Member Sanchez to provide agenda and backup material five days prior to meetings. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 116 4/25/02 30. CRA AGENDA ITEM #8 -- UPDATE ON NATIONAL BRAND FOOD FRANCHISE. Chairman Teele: Update on national brand foods franchise. Annette Lewis (Acting Executive Director, CRA): Beg your pardon, sir? Chairman Teele: Do you have an update on national brand foods franchise? Ms. Lewis: Yes, sir. We have one interested party who has requested an extension. They weren't able to meet the May 181h -- I'm sorry -- the April 181h deadline, as a result of getting final approvals from the franchiser. Chairman Teele: This again proves Commissioner Winton knows the district as well as I do. This is 12`h Street and 3`d Avenue. This is a very difficult area. Once the franchisers come in and look at it, they approve it on paper; they approve it from the air. When they get on the ground and they walk down 12`h Avenue -- 12`h Street and 3rd Avenue, the franchisers basically withdraw their support. We're talking to Dairy Queen. This would be right in front of Douglas Elementary. Again, our desire is to provide Overtown residents the same choice of brands and food choices as people have all over this community. But it's very difficult if we don't have control over our streets, and the drugs are not being suppressed. Are the contracts -- at -risk contracts ready? Or is there -- Alejandro Vilarello (City Attorney): Mr. Chairman, I had hoped to have those ready for this meeting. They are not. I commit to you that before the next meeting; they'll be in a form that can be approved by this Board. 117 4/25/02 31. AUTHORIZE QUIT CLAIM DEED WITH OWNERS OF JACKSON SOUL FOOD RESTAURANT; AUTHORIZE SPECIAL COUNSEL TO PREPARE NECESSARY LEGAL INSTRUMENT AND TO FULLY COMPLY WITH REQUIRED 30 -DAY PUBLIC NOTICE ON SAID TRANSFER. Chairman Teele: And there are two other items that have been passed out, came up -- these are scrivener's errors. I want to read it. A resolution of the Board of Directors with attachments, authorizing the CRA (Community Redevelopment Agency) to enter into a quit claim deed with the owners of Jackson Soul Food for approximately 0.10 feet -- that's approximately two inches, two inches -- subject to any reasonable changes, of the CRA -owned parcel as identified fully. What this does is we give a quit claim deed to Jackson Soul Food for two inches. The building that they have is over the line. Now, that building was built some 50 years ago. And we own the lot next to it. And one of the issues that's been holding up the permit is -- and this is how technical everybody is. And I think the department is doing the right thing, Mr. Manager, in doing things right. It drives me crazy, but they should be commended. But we've had it surveyed three times. The building is two inches over the line. This provides us with -- this provides the owner of Jackson Soul Food with a quit claim to cure that defect that was caused some 50 years ago when it was built. Vice Chairman Winton: So move. Chairman Teele: Moved by Commissioner Winton. Board Member Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez. Alejandro Vilarello (City Attorney): Mr. Chairman, the resolution would authorize all appropriate notices to be issues, so that we can proceed with that. Chairman Teele: Exactly. And the final item -- Priscilla A. Thompson (City Clerk): I'm sorry, Chairman. We need to vote, please. Chairman Teele: Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Those opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-65 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS, AUTHORIZING THE CRA TO ENTER INTO A QUIT CLAIM DEED WITH THE OWNERS OF JACKSON SOUL FOOD RESTAURANT, FOR APPROXIMATELY THE NORTH 0.10 FEET, SUBJECT TO ANY REASONABLE CHANGES, OF THE CRA - OWNED PARCEL LOCATED AT THE SOUTH 54.00 FEET OF THE NORTH 100.00 FEET OF LOTS 1 AND 2, BLOCK 27N OF "A.L. KNOWLTON PLAT 118 4/25/02 OF MIAMI," ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK "B," AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, AS DETAILED IN EXHIBIT "A"; FURTHER AUTHORIZING SPECIAL COUNSEL (HOLLAND AND KNIGHT) TO PREPARE THE NECESSARY LEGAL INSTRUMENT AND TO FULLY COMPLY WITH THE REQUIRED 30 -DAY PUBLIC NOTICE ON SAID TRANSFER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 119 4/25/02 32. DISCUSSION CONCERNING SAWYER'S WALK SETTLEMENT AND POINCIANA VILLAGE SETTLEMENT. Chairman Teele: And we'll go straight -- close the regular agenda and go into the special board meeting. Now, this board meeting obviates the need for a board meeting on the 291" of April that was previously scheduled, and is now being cancelled, next Monday. The board meeting that we just had for 15 minutes. Vice Chairman Winton: So we don't have one on Monday? Chairman Teele: No, sir. Vice Chairman Winton: OK. Question. Let's see, how do I -- We had an executive session on lawsuits, and in that executive session, we asked for our Attorney to provide us a monthly update in terms of progress relative to that. And I know that -- Chairman Teele: This would be an appropriate time to request that from Mr. Bloom. He's sitting right -- standing right here. Mr. Bloom, just state your name and title for the record. William Bloom (Special Counsel, CRA): William R. Bloom, Holland and Knight, special counsel to the CRA. Subsequent to the shade meeting, we contacted the attorneys for Sawyer's Walk and Poinciana Village -- or for Sawyer's Walk -- and communicated to them our desire to settle the case. Their response to us was that they'd be willing to settle the litigation regarding the Sawyer's Walk, three blocks, plus the case that was recently filed with respect to Poinciana Village for approximately seven point four million dollars. We also communicated, too, with the attorney -- Vice Chairman Winton: Did we put a number on the table? Mr. Bloom: We did not. Vice Chairman Winton: Don't you think we need to? Mr. Bloom: At this point, I guess it's up to the Board to -- Vice Chairman Winton: The Board already authorized it. (INAUDIBLE) Vice Chairman Winton: Yes, we did. (INAUDIBLE) Vice Chairman Winton: We didn't take an action, but we certainly set some parameters. I mean, I know the number. Alejandro Vilarello (City Attorney): Commissioner, Mr. Bloom, who is handling the matter has not brought that issue up. We certainly can have that conversation with you and discuss a way to continue on with that litigation or not. Mr. Bloom: With respect to the Lyric Village litigation, it's my understanding that we recently this week received a proposal from the developer that they were willing to settle for either two million dollars, or alternatively, that we 120 4/25/02 would convey to them in fee simple the -- north of the two -block area, plus they wanted some additional development rights with respect to property around -- Vice Chairman Winton: Which one was this again? Mr. Bloom: Lyric Village -- Vice Chairman Winton: OK. Mr. Bloom: -- which involved St. John's CDC (Community Development Corporation). So they wanted the north - - the block of the two parcels, and they also wanted some development rights around the St. John's Church. Again, this proposal came in this week. And we responded by asking some questions to clarify what development rights they were looking for with respect to the north block, and also for their explanation of what they were talking about with respect to the development rights around St. John's Church. Then we'd be able to communicate that to the Board. Vice Chairman Winton: Is that no cash and transfer -- and grant -- Mr. Bloom: It was either two million dollars in cash, or alternatively, to transfer the north of the two blocks to them, plus apparently some development rights with respect to property around the St. John's Church. Chairman Teele: Commissioner Winton, I think that's the basis of a very good discussion on the transfer of the lot, which would be shown here. You see 6, 4, 5. It would be the pink section just north of 5 that they would be talking about. Vice Chairman Winton: So we've got -- Do we need to do that in executive session? Mr. Bloom: It would be appropriate to debate it in executive session. Vice Chairman Winton: Right. Mr. Bloom: Once we have all the parameters for that, yes. Chairman Teele: Do you have an offer on the Sawyer's Walk? Mr. Bloom: The Sawyer's settling -- Their proposal, which we asked for with respect to Sawyer's Walk related to Sawyer's Walk and Poinciana Village, and their number was seven point four million dollars. Chairman Teele: To who? The homeowners or the developer? Mr. Bloom: No, the developer. Chairman Teele: So the developer wants seven million dollars? Mr. Bloom: Yes. Vice Chairman Winton: But we put nothing on the table. Chairman Teele: Well, I mean, you know, we're -- we're spending money for the homeowners, I mean. So pretty clear where -- 121 4/25/02 Vice Chairman Winton: So, well, Bill and I apparently, because -- I guess we shouldn't be talking about some of the detail, but -- so I'll get some more information, and I may want to talk about this again before -- before the CRA (Community Redevelopment Agency) Board meeting is over. But my view is when you're in negotiations; you've got to put a number on the table. Doesn't do much good. I don't care how far away the other side is. They've got to know where -- at least partially where we are, or there isn't any negotiation, because there's only one side putting any cards on the table. And we've got to put some cards on the table. Mr. Bloom: That's understood. I think, in fairness, again, the Lyric Village response to what we put on the table was this week. Vice Chairman Winton: I'm not talking about Lyric Village. I'm talking about -- Mr. Bloom: Right. And St. John's, I believe it may have been the week before. Board Member Sanchez: Well, Johnny, I think that needs to be done in the executive session. Chairman Teele: Further discussion or questions? I think the Executive Director is requesting the authority -- I think we should go on to the regular agenda, I think, given the fact that Commissioner Sanchez and others are asking for more time to consider the request. And I think the request of the Executive Director is the authority to issue up to twenty thousand dollars in work authorizations for contracts that have been agreed to by this board, but for which the contract has not been prepared and executed. And if anyone would take it up, I'd be more than happy to. But I'm not going to ask anybody to do it, because I don't want to get anybody upset here as we go into this other item. May we proceed, Commissioner? If not, the regular CRA agenda that we previously scheduled for April 291h that has been held is hereby adjourned. THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS OF THE CITY OF MIAMI ADJOURNED CONSIDERATION OF THE HEREINABOVE ISSUES. 122 4/25/02 33. CITY COMMISSION CONVENES SPECIAL MEETING OF CRA BOARD. SPECIAL AGENDA ITEM NUMBER 1: RESOLUTION OF BOARD OF DIRECTORS OF CRA ACCEPTING LEGAL OPINION REGARDING THE POWERS OF CRA BOARD TO ACT. THEREUPON, THE CITY COMMISSION, UNDER AUTHORITY OF SECTION 163.01, FLORIDA STATUTES, AND PART III, CHAPTER 163, FLORIDA STATUTES, CONSTITUTED ITSELF AS THE COMMUNITY REDEVELOPMENT AGENCY FOR THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS OF THE CITY OF MIAMI, IN SPECIAL SESSION, IN ORDER TO DEAL WITH THE FOLLOWING ISSUES: Chairman Teele: And now we're taking up the special CRA Board meeting called for the purpose of considering all of the issues associated and related to Charities, Unlimited of Florida. And it is noted that this matter has been published in newspapers of general circulation. It appeared in the Miami Times. And the Chair notes the presence of a number of distinguished citizens who would like to be -- appeared to be heard on this item. You should have before you an agenda, sort of looks like this. Anyone needs it, you can sort of follow along. There are a number of administrative items that have to be considered and discussed. And I want to thank publicly Commissioner Regalado, who has served as the Chair, committee of one, to try to bring forth a process with the Camillus House and staff, and that the communications between the Camillus House and staff is good. I would particularly note that the Manager and the Mayor convened a special meeting, and that coming out of that meeting, Commissioner Winton has been designated to try to work with the City in developing a strategic plan, not relating to Camillus House, but relating to all homeless issues. And I think, if nothing else, the City has gotten clearly into focus regarding the need to develop a plan for the homeless. This is a CRA (Community Redevelopment Agency) Board meeting. As such, the CRA -- the Redevelopment Authority of Southeast Overtown/Park West is here to consider recommendations of our Executive Director and the comments of the public. Before us, we have a series of motions and items to be discussed, and any Board Member or any member of the public may ask for clarification or discussion on, but I would hope that the persons would read the item and be thoroughly conversant on it before you would come forth to discuss some of the just purely technical items that require clarification. Madam Director, did you have a final report? Did you issue a final report? Annette Lewis (Acting Executive Director, CRA): Yes, sir. You should have that before you. Chairman Teele: Where is it? I saw a draft last night or this morning, but I don't know that I saw the final, final report. Ms. Lewis: Sir, they should -- the final report should be before you. No, sir. Chairman Teele: Has that final, final report been put out? Ms. Lewis: Apparently not, sir. They're being distributed. Chairman Teele: Is there a copy of the final, final report available to the public? Ms. Lewis: Yes, sir. Commissioner Teele: If I could just read into the record, this is dated April 25`h to the -- Chairman Teele, and Vice Chairman Winton and Board. The subject is a recommendation regarding the primary and alternate sites for Charity, Unlimited, for the phase one program of the CRA, dated December 1983. And the press has talking about this has been going on for ten years. '83 to now is closer to 20 years. The following is a report for your consideration based upon your instructions at the Board meeting of March 20, requesting recommendations for the 123 4/25/02 potential site. And it goes on to say that a total of seven sites were considered and evaluated. The entire staff of the CRA was involved in the process, along with Richard Dick Judy, the consultant, and further coordinated in the evaluation in conjunction with the CRA environmental engineers, ATC, Mr. Richard Tong. As Executive Director, my recommendations are the primary site, Block 56, located in District 5 and the alternate site, northeast court, 19`h Terrace, 19`h Street, located in District -- Commission District 2. And it goes on to say a series of things that we'll go through right now. Is there -- First item is Resolution Number 1. Resolution of Board of Directors accepting the legal opinion regarding the powers of this Board to act. Is there a motion? Board Member Regalado: So move. Ms. Lewis: Sir, that's on the first page. Chairman Teele: This is the opinion issued by David Cardwell, special counsel, authorizing the CRA to look at areas outside of that development, pursuant to Chapter 163.370-K and 163.380 is applicable. It's purely the legal agreement that's accepting their -- the lawyer's determination. Vice Chairman Winton: So move. Chairman Teele: It's moved by Commissioner Regalado, seconded by Commissioner Winton. Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Opposed? The following resolution was introduced by Board Member Regalado, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-66 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS, ACCEPTING THE LEGAL OPINION REGARDING THE POWER OF THE SOUTHEAST OVERTOWN/PARK WEST CRA TO ENTER INTO CERTAIN TRANSACTIONS INVOLVING REAL PROPERTY WITHIN THE REDEVELOPMENT AREA TO ACHIEVE THE PHASE I PROGRAM OF REDEVELOPMENT PLAN OF THE CRA, OR OUTSIDE THE REDEVELOPMENT AREA PURSUANT TO FLORIDA STATUTES 163.370(K) AND 163.380, AS APPLICABLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 124 4/25/02 Upon being seconded by Board Member Winton, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 125 4/25/02 34. CRA SPECIAL MEETING -- AGENDA ITEM 2A -- AUTHORIZE CRA TO ENTER INTO EXCHANGE AGREEMENT WITH CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE). Chairman Teele: Item 2 is a resolution acknowledging the original letter of intent entered into by Charities Unlimited, dated June 7, 2000, and authorized by Holland and Knight as special counsel, now to prepare a memorandum of understanding in a manner consistent with the following resolutions. Why don't we take up Number "A," and we'll take up 2 as the last item in this package. Resolution "A" is a resolution authorizing the CRA to enter into the exchange agreement with Charities Unlimited -- This is the -- a similar exchange agreement is outlined in the letter of intent, and it states that the appraisals, environmental, due diligence will be done on an as - is basis, without representations of warranty. And it further requires that the Camillus House must seek appropriate land use designations. And it further requires that the City of Miami, as the governing body, will be requested to confer the power to make the exchange. Motion by? Vice Chairman Winton: So moved. Chairman Teele: Commissioner Winton. Board Member Regalado: Second, second. Chairman Teele: Second by Commissioner Regalado. Is there objection? All those opposed (sic), say "aye." Vice Chairman Winton: Item 2A that was. The Board (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-67 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), AUTHORIZING THE CRA TO ENTER INTO AN EXCHANGE AGREEMENT WITH CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) FOR THE EXCHANGE OF THE PROPERTY DESIGNATED BY THE EXECUTIVE DIRECTOR OF THE CRA, IN ACCORDANCE WITH FLORIDA STATUTES 163.380(2), WITH THE PROPERTY OF CHARITY UNLIMITED, OR AN ALTERNATIVE PROPERTY IDENTIFIED BY EITHER THE CRA OR CHARITY UNLIMITED, FOR FEE SIMPLE TITLE TO THE PROPERTY CURRENTLY OCCUPIED AND UTILIZED BY CHARITY UNLIMITED FOR THE OPERATION OF THE CAMILLUS HOUSE FACILITY, SUBJECT TO THE COMPLETION OF APPROPRIATE APPRAISALS, ENVIRONMENTAL AUDITS AND OTHER DUE DILIGENCE ACTIVITIES; SAID EXCHANGE TO BE MADE ON AN "AS IS" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING ENVIRONMENTAL AND ZONING ISSUES, SHALL OCCUR IN ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTES 163.380(2), THAT WILL REQUIRE A FINDING RESOLUTION OF THE CITY OF MIAMI ("CITY" OR "GOVERNING BODY") THAT CONFERS THAT THE EXCHANGE OF THE 126 4/25/02 PROPERTIES CAN BE APPROPRIATELY EXCHANGED AT LESS THAN FAIR VALUE, IN FURTHERANCE OF THE REDEVELOPMENT PLAN PRIORITY PHASE I PROGRAM, TAKING INTO ACCOUNT THE INTEREST OF THE COMMUNITY AND ECONOMIC CONSIDERATIONS AND BENEFITS ACCRUING TO THE REDEVELOPMENT AREA AND THE CITY AND COUNTY "DOWNTOWN," THE RESOLUTIONS FOR THE REAL PROPERTY EXCHANGE WILL NOT INCLUDE ANY ADDITIONAL ZONING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 127 4/25/02 35. CRA SPECIAL MEETING -- AGENDA ITEM 2B -- RESOLUTION AUTHORIZING CRA TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO CHARITY UNLIMITED OF FLORIDA, INC. FOR CRA CAMILLUS HOUSE PROJECT, SUBJECT TO CHARITY UNLIMITED'S COMPLIANCE WITH ALL FEDERAL, STATE AND LOCAL LAWS. Chairman Teele: Item 2B is a resolution to provide technical assistance and financial assistance to Charities Unlimited, subject to Charities Unlimited being in full compliance with all Federal, State and local laws. Is there a motion? Vice Chairman Winton: So move. Chairman Teele: All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: I'm sorry. Is there a second? Board Member Regalado: Second. Chairman Teele: All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Opposed have the same right. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-68 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), AUTHORIZING THE CRA TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO CHARITY UNLIMITED OF FLORIDA, INC. FOR THE CRA CAMILLUS HOUSE PROJECT, SUBJECT TO CHARITY UNLIMITED COMPLIANCE WITH ALL FEDERAL, STATE AND LOCAL LAWS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 128 4/25/02 36. SPECIAL CRA MEETING -- AGENDA ITEM 2C -- RESOLUTION ACKNOWLEDGING LITIGATION SURROUNDING BLOCK 56: (1) MIAMI-DADE COUNTY VS. CITY OF MIAMI AND SEOPW CRA (CASE NO. 01 -13810 -CA - 08; AND (2) CITY OV MIAMI AND SEOPW CRA VS. SAWYER'S WALK, LTD. (CASE NO. 00 -28860 - CA -09) Chairman Teele: The next resolution is "C," a resolution acknowledging the litigation around Block 56. And that litigation is Miami -Dade County versus the CRA (Community Redevelopment Agency) and the City of Miami and Southeast Overtown CRA versus Sawyer's Walk. This is only to acknowledge the litigation. Vice Chairman Winton: So move. Board Member Sanchez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-69 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), ACKNOWLEDGING LITIGATION SURROUNDING BLOCK 56: (1) MIAMI-DADE COUNTY VS. CITY OF MIAMI AND SEOPW CRA (CASE NO. 01 -13810 -CA -08) AND (2) CITY OF MIAMI AND SEOPW CRA VS. SAWYER'S WALK, LTD. (CASE NO. 00 -28860 -CA -09). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: Board Member Angel Gonzalez 129 4/25/02 37. CRA SPECIAL MEETING -- AGENDA ITEM 2D -- RESOLUTION PROVIDING THAT IN THE EVENT THAT CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE), DETERMINES THAT PHASE I PROGRAM OF CRA SITE PLAN IS NOT SATISFACTORY, OR SUFFICIENT PROGRESS HAS NOT BEEN MADE TO RESOLVE LEGAL ISSUES RELATED TO SELECTED SITE WITHIN A CERTAIN TIME PERIOD, THEN CHARITY UNLIMITED WILL PUBLISH NOTICE IN VARIOUS NEWSPAPERS OF ITS PROFFER OF AN ALTERNATIVE SITE, STATING LOCATION OF ALTERNATIVE SITE, AFTER WHICH, CRA SHALL HOLD SPECIAL MEETING/PUBLIC HEARING REGARDING SAME. Chairman Teele: All right. This is very important. This is a resolution of the Board of Directors providing that in the event that Charities Unlimited, at its sole and absolute discretion, determines that the CRA (Community Redevelopment Agency) plan site recommendations by the Executive Director is not satisfactory, or that sufficient progress has not been made in resolving the aforementioned litigations within 75 days of the date, Charities Unlimited shall have the right to publish in the Miami Daily Business Review, the Miami Herald, the Miami Times, Miami Today, EI Nuevo Herald, Diarios that Charity if proffering another site, an alternate site and stating that -- the location of alternate site; and accordingly, that the CRA shall hold a special meeting on Monday, May 15`n, unless the CRA otherwise changes the date. Vice Chairman Winton: Monday, July 151n Chairman Teele: Monday, July 151n. Board Member Sanchez: So move. Chairman Teele: 2002. Moved by Commissioner Sanchez. Vice Chairman Winton: Second. Chairman Teele: Seconded. Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. The following resolution was introduced by Board Member Sanchez, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-70 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), PROVIDING THAT IN THE EVENT THAT CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE), AT ITS SOLE AND ABSOLUTE DISCRETION, DETERMINES THAT THE PHASE I PROGRAM OF THE CRA PLAN SITE RECOMMENDED BY THE EXECUTIVE DIRECTOR OF THE CRA IS NOT SATISFACTORY OR THAT SUFFICIENT PROGRESS HAS NOT BEEN MADE TO RESOLVE ANY LEGAL ISSUES RELATING TO THE SELECTED SITE WITHIN SEVENTY-FIVE (75) DAYS OF THE DATE HEREOF, THE CHARITY UNLIMITED WILL PUBLISH NOTICE IN THE DAILY BUSINESS REVIEW, MIAMI HERALD, MIAMI TIMES, MIAMI TODAY, EL NUEVO HERALD, AND DIARIOS THAT CHARITY UNLIMITED IS PROFFERING AN "ALTERNATIVE SITE" AND STATING THE LOCATION OF THE "ALTERNATIVE SITE" AND 130 4/25/02 ACCORDINGLY, THE CRA SHALL HOLD A SPECIAL MEETING PUBLIC HEARING, BY MONDAY, JULY 15, 2002, UNLESS THE CRA OTHERWISE CHANGES THIS DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 131 4/25/02 38. CRA SPECIAL MEETING -- AGENDA ITEM 2E -- RESOLUTION REQUESTING THAT CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) RESPOND BACK TO SEOPW CRA WITHIN 75 CALENDAR DAYS FROM ADOPTION OF THIS RESOLUTION TO CONFIRM ACCEPTANCE OF PRIMARY SITE (BLOCK 56) OR ALTERNATIVE SITE (BLOCK 3) AS RECOMMENDED BY CRA EXECUTIVE DIRECTOR, OR TO REJECT RECOMMENDATIONS OF CRA EXECUTIVE DIRECTOR AND SUBMIT PROPOSAL FOR NEW SITE. Chairman Teele: Item "E" is a resolution of the Board requesting that Charities Unlimited of Florida respond back to the Southeast Overtown/Park West CRA (Community Redevelopment Agency) within 75 days from the adoption of this resolution to confirm the acceptance of the primary site, which is Block 56 or the alternate site, which is Block 3, as recommended, or to reject these sites and to submit the new site within 15 days thereafter. This is similar to Item "D" -- Vice Chairman Winton: So move. Chairman Teele: -- but this puts the affirmative obligation on them to say something or do something. Board Member Gonzalez: Second. Chairman Teele: Moved and seconded. Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-71 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), REQUESTING THAT CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) RESPOND BACK TO THE SEOPW CRA WITHIN SEVENTY-FIVE (75) CALENDAR DAYS FROM THE ADOPTION OF THIS RESOLUTION, TO (1) CONFIRM THEIR ACCEPTANCE OF THE PRIMARY SITE (BLOCK 56) OR ALTERNATIVE SITE (BLOCK 3) AS RECOMMENDED BY THE EXECUTIVE DIRECTOR; OR (2) TO REJECT THE RECOMMENDATIONS OF THE EXECUTIVE DIRECTOR AND SUBMIT A PROPOSAL FOR A NEW SITE WITHIN FIFTEEN (15) DAYS THEREAFTER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 132 4/25/02 39. SPECIAL CRA MEETING -- AGENDA ITEM 2F -- RESOLUTION AUTHORIZING HOLLAND & KNIGHT LLP AS SPECIAL COUNSEL TO THE CRA TO ASSIST CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) IN NEGOTIATING A CONSTRUCTION CONTRACT WITH RESPECT TO CONSTRUCTION OF ITS NEW FACILITY, UTILIZING A "FAST TRACK" CONSTRUCTION APPROACH IN ORDER TO EXPEDITE THE COMPLETION OF THE PROJECT. Chairman Teele: The next item is a resolution of the CRA (Community Redevelopment Agency) authorizing Holland and Knight as special counsel to assist Charities Unlimited of Florida in negotiating a construction contract with respect to construction of any new facility, utilizing fast track construction methods similar to methods utilized by the NAP (Network Area Point) of the Americas, in order to expedite any construction of the project. Vice Chairman Winton: So move. Chairman Teele: By Commissioner Winton. Is there a second? Board Member Regalado: Second. Chairman Teele: By Commissioner Regalado. Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: All those opposed have the same right. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-72 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), AUTHORIZING HOLLAND & KNIGHT, LLP, AS SPECIAL COUNSEL TO THE CRA, TO ASSIST CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) IN NEGOTIATING A CONSTRUCTION CONTRACT WITH RESPECT TO THE CONSTRUCTION OF ITS NEW FACILITY, UTILIZING A "FAST TRACK" CONSTRUCTION APPROACH SIMILAR TO THAT UTILIZED FOR THE CONSTRUCTION OF THE NAP OF THE AMERICAS IN ORDER TO EXPEDITE THE COMPLETION OF THE PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 133 4/25/02 40. SPECIAL CRA MEETING -- AGENDA ITEM 2G -- RESOLUTION ACKNOWLEDGING EXCHANGE OF EXISTING SITE OF CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) FOR ONE OF THE PROFFERED SITES OF THE CRA. Chairman Teele: The following is Item "G," a resolution of the Board of the CRA (Community Redevelopment Agency) acknowledging the exchange of the existing site for Charities Unlimited for one of the proffered sites, without relying either upon the fair value of either site being exchanged, in accordance with the CRA and the City of Miami using their authority under the Florida Community Redevelopment Act, in the interest of the community, and of our City and County, and in the interest of the CRA Redevelopment Plan. Motion for discussion. Vice Chairman Winton: So move. Chairman Teele: By Commissioner Winton. Board Member Gonzalez: Second. Chairman Teele: By Commissioner Gonzalez. Is there discussion? There being none, all those in favor, signify by the sign of "aye." The Board (Collectively): Aye. Chairman Teele: And those opposed have the same right. The item is unanimously adopted. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-73 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), ACKNOWLEDGING THE EXCHANGE OF THE EXISTING SITE OF CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) FOR ONE OF THE PROFFERED SITE (S) OF THE CRA WITHOUT EITHER RELYING UPON FAIR VALUE ON EITHER SITES BEING EXCHANGED IN ACCORDANCE WITH THE CRA AND THE CITY OF MIAMI USING THEIR AUTHORITIES OF FLORIDA COMMUNITY REDEVELOPMENT ACT ("ACT") OF 1969 163.380(2) AND 163.370(K), IN THE INTEREST OF THE COMMUNITY OF OUR CITY AND COUNTY AND THE CRA REDEVELOPMENT PLAN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 134 4/25/02 41. SPECIAL CRA MEETING -- AGENDA ITEM 2H -- RESOLUTION REQUESTING CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) DELIVER EXISTING LEASEHOLD INTEREST, IN FEE OR PRE -PAID, THROUGH PERIOD OF LEASE; FURTHER REQUESTING ALL ENCUMBRANCES, NOTES AND MORTGAGES BE PAID IN FULL ON BOTH PROPERTIES. Chairman Teele: The next item is Item "H," a resolution requesting that Charities Unlimited deliver the existing leasehold interest, in fee or pre -paid, through the period of the lease, and requesting that all encumbrances, notes and mortgages be paid in full by both parties. Is there a motion? Board Member Gonzalez: Move. Board Member Sanchez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Opposed? The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-74 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), REQUESTING THAT CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) DELIVER THEIR EXISTING LEASEHOLD INTEREST, IN FEE OR PRE -PAID, THROUGH THE PERIOD OF THEIR LEASE; FURTHER REQUESTING THAT ALL ENCUMBRANCES, NOTES AND MORTGAGES BE PAID IN FULL ON BOTH PROPERTIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 135 4/25/02 42. SPECIAL CRA MEETING -- AGENDA ITEM 2I -- RESOLUTION ACKNOWLEDGING THAT CONVEYANCE (EXCHANGE) OF LAND WILL OCCUR SIMULTANEOUSLY, BETWEEN CRA AND CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE). Chairman Teele: The next is "I," a resolution of the Board acknowledging the conveyance will occur simultaneously between the CRA (Community Redevelopment Agency) and Charities Unlimited. Motion? Board Member Gonzalez: Second. Board Member Sanchez: Second. Chairman Teele: Is there a motion by Commissioner -- Vice Chairman Winton: Me. Chairman Teele: Winton. Is there a second by Commissioner Gonzalez? Board Member Gonzalez: Second. Chairman Teele: All those signify -- is there objection? All those in favor, signify by "aye." The Board (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-75 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), ACKNOWLEDGING THAT THE CONVEYANCE (EXCHANGE) OF LAND WILL OCCUR SIMULTANEOUSLY, BETWEEN THE CRA AND CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 136 4/25/02 43. SPECIAL CRA MEETING -- AGENDA ITEM 2J -- RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR TO NEGOTIATE TRIPLE NET GROUND LEASE WITH CHARITY UNLIMITED, WITH CONDITIONS. Chairman Teele: Item "J" is a resolution that allows the triple net lease with Charities Unlimited, and they shall have a term of 14 months from the consummation of the exchange of land with the CRA (Community Redevelopment Agency), to allow Charities Unlimited to continue to operate where they are until completion of the development in the new services, the facility. This -- this triple net will be paid for the nominal value of one dollar per year, and it will require Charities Unlimited to pay all costs and expenses associated with the real estate property and site, including but not limited to taxes, insurance, repair and maintenance costs. And further providing that if they exceed 14 months -- that is a period of time taken to construct whatever new facility that they are required to construct -- that they will pay a holdover rent of ten thousand dollars per month if they don't vacate the land within 14 months. Vice Chairman Winton: So move. Chairman Teele: By Commissioner Winton. Board Member Sanchez: Why ten thousand per month? Vice Chairman Winton: Incentive to get them to move. Chairman Teele: Incentive to get them to move, and to get -- In other words, they're going to pass this on to their construction company or whatever and say, this is going to be some kind of -- Board Member Sanchez: Yeah, but the question is, could they get the facility done in 14 months? Chairman Teele: Well, if the NAP (Network Area Point) could get built in 11 months -- and that was a hundred and -- Board Member Sanchez: Well, that was fast -tracked, too. Chairman Teele: This is going to be fast -tracked, too. That's what we just instructed. You want to increase the amount? Board Member Sanchez: No. Chairman Teele: All right. All those in favor of the motion, say "aye." The Board (Collectively): Aye. Priscilla A. Thompson (City Clerk): I'm sorry. Chairman, we need a second, please. Chairman Teele: Motion by Commissioner Winton. It was seconded by Commissioner Gonzalez. Ms. Thompson: Thank you. Chairman Teele: Is there further discussion? All those in favor, say "aye." The Board (Collectively): Aye. 137 4/25/02 Chairman Teele: All opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-76 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), AUTHORIZING THE EXECUTIVE DIRECTOR OF THE CRA TO NEGOTIATE A TRIPLE NET GROUND LEASE WITH CHARITY UNLIMITED WHICH LEASE SHALL (A) HAVE A TERM OF FOURTEEN (14) MONTHS FROM THE CONSUMMATION OF THE LAND EXCHANGE WITH THE CRA TO ALLOW CHARITY UNLIMITED TO CONTINUE TO OPERATE A HOMELESS SERVICES FACILITY ON THE CHARITY UNLIMITED REAL PROPERTY UNTIL COMPLETION OF THE DEVELOPMENT OF THE NEW SERVICE FACILITY; (B) PROVIDE FOR A NOMINAL RENT OF ONE DOLLAR ($1) PER YEAR; (C) REQUIRE CHARITY UNLIMITED TO PAY ALL COSTS AND EXPENSES ASSOCIATED WITH THE CHARITY UNLIMITED REAL PROPERTY SITE, INCLUDING WITHOUT LIMITATION, REAL ESTATE TAXES, INSURANCE, REPAIR AND MAINTENANCE COSTS, UTILITY EXPENSES, AND ALL OTHER COSTS AND EXPENSES ASSOCIATED WITH THE REAL PROPERTY DURING THE TERM OF THE LEASE; AND (D) PROVIDES FOR HOLDOVER RENT OF $10,000 PER MONTH IF CHARITY UNLIMITED DOES NOT VACATE THE LEASED REAL PROPERTY OF THE CRA WITHIN 14 MONTHS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 138 4/25/02 44. SPECIAL CRA MEETING -- AGENDA ITEM 2K -- RESOLUTION ACKNOWLEDGING THAT UPON ACQUISITION OF CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS) REAL PROPERTY AND TERMINATION OF LEASE, IT IS INTENTION OF CRA TO DEMOLISH EXISTING BUILDINGS AND IMPROVEMENTS LOCATED ON CHARITY UNLIMITED REAL PROPERTY. Chairman Teele: Resolution "K" is a resolution acknowledging -- of the CRA (Community Redevelopment Agency) Board acknowledging that upon acquisition of the Charities Unlimited property, it is the CRA's intention to demolish the existing building and improvements at the current location. Vice Chairman Winton: So move. Chairman Teele: By Commissioner Winton. Board Member Gonzalez: Second. Chairman Teele: All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-77 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), ACKNOWLEDGING THAT UPON THE ACQUISITION OF THE CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) REAL PROPERTY AND TERMINATION OF THE LEASE THAT IT IS THE INTENTION OF THE CRA TO DEMOLISH THE EXISTING BUILDINGS AND IMPROVEMENTS LOCATED ON THE CHARITY UNLIMITED REAL PROPERTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 139 4/25/02 45. SPECIAL CRA MEETING -- AGENDA ITEM 2L -- RESOLUTION ACKNOWLEDGING THE $500,000 RECEIVED FOR CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) FROM CONGRESSIONAL APPROPRIATIONS IN CONJUNCTION WITH JOINT EFFORTS OF CRA AND CITY. Chairman Teele: A resolution of the Board acknowledging that five hundred thousand dollars has been appropriated or received for Charities Unlimited of Florida from congressional appropriations, has been in conjunction with the joint effort and the use of the good offices of the CRA (Community Redevelopment Agency) and the City of Miami. Is there a motion? Vice Chairman Winton: So moved. Board Member Regalado: Second. Chairman Teele: Moved by Commissioner Winton. Seconded by Commissioner Regalado. This may be a good point to acknowledge a young man who has worked very hard for Jackson Public Health Trust over the years as a legislator, Mr. Mike Abrams, who has spearheaded on behalf of -- what's the firm? -- Katz, Kutter the lobbying efforts in Washington that has yielded to date five hundred thousand dollars for the construction of a new site. We acknowledge this because Commissioner Winton and others, we're paying the freight to work with the Camillus House to get this done. We have very effective representatives in Washington, and it's been through the use of our good offices, as well as the tremendous effort by the Camillus House Board of Directors and their staff that this appropriation has been brought about. What is not stated is that we expect to re -double our efforts and attempt to get two to five million dollars in the coming year toward the construction cost. Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-78 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS, ACKNOWLEDGING THE $500,000 RECEIVED FOR CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) FROM CONGRESSIONAL APPROPRIATIONS IN CONJUNCTION WITH JOINT EFFORTS AND THE USE OF THE "GOOD OFFICES" OF THE CRA AND THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 140 4/25/02 Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 141 4/25/02 46. SPECIAL CRA MEETING -- AGENDA ITEM 2M -- RESOLUTION DIRECTING EXECUTIVE DIRECTOR OF CRA TO ENTER INTO STRATEGIC ALLIANCE WITH CHARITIES UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) REGARDING HOMELESS ISSUES AFFECTING THE REDEVELOPMENT AREA AND DEVELOPMENT OF STRATEGY TO OBTAIN MORE GOVERNMENT AND PRIVATE FUNDING WITH RESPECT TO REVENUE STREAM. Chairman Teele: Now, this is a resolution of the Board of Directors of the CRA (Community Redevelopment Agency) directing the Executive Director to enter into a strategic alliance with Charities regarding homeless issues affecting the redevelopment area and the development of a strategy to obtain more governmental and private funds with respect to revenue stream. This is not to be confused with the strategic plan that the City is working on, which is going to be an operational plan, but this is to help work to get more State and Federal dollars in support of the Camillus House efforts. Vice Chairman Winton: Where are you reading? I need to catch up with you. I didn't find -- I don't see that at all. Chairman Teele: This is Item Number "M," under 2. Vice Chairman Winton: Oh, "M." Chairman Teele: "M," as in "Mike." Instructing the Executive Director to work with the Camillus House staff to continue to work with the Camillus House staff to continue to work with Washington, and Tallahassee, and grant participants. In other words, there may be some grants that we can work through to provide -- You don't -- Vice Chairman Winton: I don't have an "M." I have an "N," but no "M." Board Member Gonzalez: I don't have it, either. Chairman Teele: All right. Let's temporarily pass "M," 2M. We need to get some copies of 2M. It apparently did not get in the book, Mr. Judy. 142 4/25/02 47. SPECIAL CRA MEETING -- AGENDA ITEM 2N -- RESOLUTION ACKNOWLEDGING INITIAL GRANT PROVIDED TO CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) PURSUANT TO RESOLUTIONS SEOPW/CRA R-00-41, AMENDED JULY 30, 2001 BY SEOPW/CRA R-01-101 IN THE AMOUNT OF $80,000 TO BE UTILIZED BY CHARITY UNLIMITED OF FLORIDA, INC. FOR DEVELOPMENT OF NEW HOMELESS FACILITY. Chairman Teele: Item "N" is a resolution -- withdrawing Item "M" for the time being, 2M -- a resolution acknowledging the initial grant of -- provided to Charities Unlimited, pursuant to Southeast/Park West resolution as stated and amended on July 30`h, in the amount of eighty thousand dollars to be utilized by Charities Unlimited for the development -- planning and development of the new homeless facility. These grants have already been provided by resolution, but the contracts have not been entered into. So this is merely restating our intention, but instructing the Executive Director and Attorney to move forward. Board Member Gonzalez: So move. Vice Chairman Winton: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. The following resolution was introduced by Board Member Gonzalez, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-79 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS, ACKNOWLEDGING THE INITIAL GRANT PROVIDED TO CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE), PURSUANT TO RESOLUTIONS SEOPW/CRA R-00- 41, AMENDED JULY 30, 2001 BY SEOPW/CRA R-01-101 IN THE AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000) TO BE UTILIZED BY CHARITY UNLIMITED FOR DEVELOPMENT OF THE NEW HOMELESS FACILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 143 4/25/02 48. CRA SPECIAL MEETING -- AGENDA ITEM 20 -- RESOLUTION PROVIDING ASSISTANCE TO CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) IN OBTAINING HUD SECTION 108 LOAN IN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS FOR DEVELOPMENT OF HOMELESS SHELTER; FURTHER PROVIDING CHARITY UNLIMITED MUST REPAY THE 108 LOAN WITHIN FIVE YEARS. Chairman Teele: Next one is a resolution of the CRA (Community Redevelopment Agency) Board of Directors providing assistance to -- Vice Chairman Winton: What item is that, Commissioner Teele? Chairman Teele: Item "0," as in "oh." Vice Chairman Winton: Oh. Oh, I don't -- oh, 2-0. 1 found it. Thanks. Chairman Teele: 2-0. 2-0. All of these are Item 2. 2-0. A resolution of the CRA Board to provide assistance in obtaining a HUD (Department of Housing and Urban Development) 108 loan, not to exceed ten million dollars, to be arranged by the CRA by providing an assignment of its existing commitment to the CRA -- to the City of Miami CDBG (Community Development Block Grant) HOME (Home Investment Partnership Program) and other eligible funds, as provided by grant to the City of Miami under Ordinance 00-11736, such loan made possible by the CRA deferring any capital program under the ordinance in the fourth and fifth year of the plan. And the deferral will remain in effect until the loan has -- this is a change -- has begun to be repaid. Has begun. Insert the word, "begun" to be repaid, subject to the City of Miami making a determination, and independent determination that the 108 to Charities Unlimited is appropriate, and subject to Charities Unlimited agreeing to expand its new facilities to accommodate 300 to 600 additional beds -- that's additional to the 200 that they planned -- and further providing that Charities Unlimited must repay the 108 loan within five years. For purposes of discussion, Commissioner Sanchez, would you move it? Board Member Sanchez: Yes, sir. Board Member Gonzalez: Second. Chairman Teele: Discussion. What we're saying is, first of all, the City must approve everything. We will -- we, the CRA, will support Charities Unlimited up to ten million dollars in their application and their request for up to ten million dollars. And further, we pledge to defer the fourth year and fifth year of our five-year plan, which is five million dollars each, to allow for Charities Unlimited to get ahead of us to that amount of money, and that we will not make application for that ten million dollars until they have begun the repayment of the 108. Now, let me just say what that means. Right now, we are one -- we are two-fifths of the way in the first year. We've drawn down two million dollars of five million dollars of the first year. So we have year two that we can draw down five million dollars and year three that we can draw down five million dollars. Year four and year five are being deferred, and allow the Camillus House, subject to the City of Miami making a determination of the appropriateness and the availability -- Board Member Sanchez: Availability. Chairman Teele: Yes. -- to go forward. And so this action simply finds the CRA -- that we will not make application for year four and year five. We're currently in year one, and we're two-fifths of the way through year one in our pledge. We expect the Camillus House to raise the money and repay the City. And once that happens, we will get back in the queue. Further discussion? All those in favor of the motion as read, say "aye." 144 4/25/02 The Board (Collectively): Aye. Chairman Teele: All opposed? The following resolution was introduced by Board Member Sanchez, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-80 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), PROVIDING ASSISTANCE TO CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) IN OBTAINING A HUD SECTION 108 LOAN IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS ($10,000,000) TO BE ARRANGED BY THE CRA BY PROVIDING AN ASSIGNMENT OF ITS EXISTING COMMITMENT FROM THE CITY OF MIAMI TO THE CRA OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, HOME INVESTMENT PARTNERSHIP GRANTS AND OTHER ELIGIBLE FUNDS FOR SUPPORTING THE CRA, GRANTED BY THE CITY OF MIAMI TO THE CRA BY CITY ORDINANCE NO. 11736 ("ORDINANCE"). SUCH LOAN SHALL BE MADE POSSIBLE BY THE CRA DEFERRING ANY CAPITAL PROGRAMS UNDER THE ORDINANCE DESIGNATED FOR THE 4TH AND 5TH YEARS OF THE FIVE-YEAR PLAN UNTIL THE LOAN TO CHARITY UNLIMITED IS REPAID, SUBJECT TO: (A) THE CITY OF MIAMI MAKING A DETERMINATION THAT THE 108 LOAN TO CHARITY UNLIMITED FOR THE DEVELOPMENT OF HOMELESS SHELTER IS APPROPRIATE USE OF THE FUNDS UNDER §163.355 AND THE COMMUNITY REDEVELOPMENT ACT OF 1969 IN GENERAL; (B) CHARITY UNLIMITED AGREES TO EXPAND ITS NEW FACILITIES TO ACCOMMODATE 300-600 ADDITIONAL BEDS; FURTHER PROVIDING THAT CHARITY UNLIMITED MUST REPAY THE 108 LOAN WITHIN FIVE (5) YEARS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 145 4/25/02 49. CRA SPECIAL MEETING -- AGENDA ITEM 2P -- RESOLUTION DIRECTING EXECUTIVE DIRECTOR OF CRA TO DOCUMENT IN FILM, VIDEO AND PRINT THE EXISTING HOMELESS SITUATION AS IT EXISTS WITHIN THE REDEVELOPMENT AREA ON A MONTHLY BASIS UNTIL RESOLUTION OF HOMELESS SITUATION WITHIN CRA IS ACHIEVED, BUT NOT FOR LESS THAN A 12 -MONTH PERIOD; FURTHER INSTRUCTING EXECUTIVE DIRECTOR TO MAKE MONTHLY REPORTS AVAILABLE TO CRA BOARD AND TO MAYOR AND CITY COMMISSION. Chairman Teele: The final item under 2, "P" -- would be "P" -- we also have "M" -- is a resolution of the CRA (Community Redevelopment Agency) Board directing the Executive Director to document in film, video and print the existing homeless situation as it exists within the redevelopment area on a monthly basis until a resolution of the homeless situation has been achieved, and saying that this must be done for at least 12 months. And further instructing the Executive Director to make monthly reports to the Board, to the Mayor and the City Commission, in furtherance of the requirements of Florida Statute 163.380 and Florida Statute 163.370(K), when applicable. Vice Chairman Winton: So move, and discussion. Board Member Gonzalez: Second for discussion. Chairman Teele: Discussion, Commissioner Winton and Commissioner Gonzalez. Vice Chairman Winton: I don't see any money tied to this, and I don't see how they're going to do it without money. Chairman Teele: They're going to have to come back with a separate request -- Vice Chairman Winton: OK. Chairman Teele: -- on the money. Although I must admit, through the good offices of Hilda Tejera, we -- she -- I shouldn't put that pressure on her. Ms. Tejera, who is Administrator, has been able to work with the Media Relations Office, and what we're talking about is video filming. You know, we might just buy a video. I mean, I don't want to speak for how they want to approach it. But one of the things we've got to do under the Florida Statute is we must document the condition that we're seeking -- You know, 20 years from now, or ten years from now, if everything is good, people are going to say, well, why did they spend all that money? Why did they do that? We need to have a visual documentation of the condition of the homelessness before we do all these expenditures. Vice Chairman Winton: As you know, the Mayor hosted a meeting in his office one day this week that I attended on this whole homeless situation. And the County's -- geez, I can't believe I can't think of her name all of a sudden -- Hilda -- Hilda -- Hilda Fernandez from the County was there. And they had just done an updated head count of homeless in the City of Miami. And that head count was approximately 921, if I remember right. And they use a multiplier of two. They assume that for every one they count, there's another one out there that they didn't count. So that means there's over 1800 homeless persons still on the streets of the City of Miami. What we agreed to do coming out of that meeting -- and I think this is going to be a good adjunct. I'm very, very much in favor of this. We formed a small committee of that group, which I got tagged to chair, which is going to do an in-depth analysis of that 1800. And the questions are, who are those people and where are they coming from? Are they individuals -- What's the number of those people who have been arrested from around the County, brought into the City of Miami and processed at the Jackson Complex, and released without any transportation to go back to where they got arrested from? And so that's a segment that we're going to look at. We also know that there is a segment of the population that is severely mentally ill. We're going to try to identify how many of those there are, and where they're from. There's another segment that's moderately mentally ill, so we're looking at that. And there's two or three more categories. And so what we're going to try to do is count the number of people in each category. And 146 4/25/02 once we know what the numbers are, then we're going to try to craft approaches to each of those -- solutions, craft solutions to each of those categories that we've identified. And so that's an ongoing effort. This is a documentary piece that can tie very nicely with that. So I'm very enthusiastically supporting this idea. And I would encourage whoever is going to do this to work very closely with our homeless office, and they'll provide some very, very good information in terms of where to go, and how to do some of the filming, and those kinds of things. So we don't have to -- we won't have to really reinvent the wheel. There's a lot of resources setting at the table already that can help us identify where we ought to be going to film. Chairman Teele: Madam Director, did you get that? And would you tell the Board who's going to be heading this effort up on the filming and documentation? Annette Lewis (Acting Executive Director, CRA): That would be as you had indicated, Mrs. Tejera. She's our communications and public -- Chairman Teele: Hilda? Hello. Why don't we ask Hilda to just come up and introduce herself for the record, so that people know who's going to be doing the documentation for us. Board Member Regalado: Mr. Chairman? Chairman Teele: Mr. Chairman, yes, sir. Board Member Regalado: I yesterday, I think -- was it yesterday that we had a meeting? And that's precisely what I suggested that we do. And I want to say that I used to work with Hilda, and Hilda will do this work, and probably, she could help the City in giving us copies of all these documents, because I suggested to do a white book of the City of Miami on the homeless issue. And I'm sure that Hilda will have that documented precisely, much better, I should say, than the County's count on the homeless. I just think that she needs help. And I would request that the Manager get in touch with the Media Director, Mr. McDonald, to see what kind of support she can get, because what she does for the CRA, we can use for the City. And I really trust that Hilda, who is a professional producer, will give us a final product very soon. So I would request, Mr. Manager that you will direct the Office of Media Relations to support Hilda in this job that she has. Carlos Gimenez (City Manager): Yes, sir. Hilda Tejera (Administrator, Community Development): Thank you, sir. And -- Chairman Teele: Your name? Ms. Tejera: My name is Hilda Tejera, City of Miami Community Development Agency Administrator. And I have to confess that it's been a long time now since I have been an in-house producer, specifically for Chairman Teele. The only thing is that people did not know about it. This is not the first time that he put me in this spot that happens to be very pleasant to me, anyway. And I have to thank the new Director, Mr. Carlos McDonald from Media Relations. It's because I think it was requested by the City Manager or something like that around two or three weeks ago that I would talk to him and see that, that department would be in conjunction with the CRA for the best efforts, and try to do the best thing in order to make the citizens in the City of Miami aware of the City of Miami and the City of Miami Community Development and CRA efforts. Thank you very much. Chairman Teele: Thank you. Now, Item Number 3, Commissioner Winton, is really the item that -- Priscilla A. Thompson (City Clerk): Excuse me, sir. We didn't get a vote on "P." Chairman Teele: All those in favor of Item "P" -- 147 4/25/02 Vice Chairman Winton: Aye. Chairman Teele: -- as moved. Say "aye." The Board (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-81 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), DIRECTING THE EXECUTIVE DIRECTOR TO DOCUMENT IN FILM, VIDEO AND PRINT THE EXISTING HOMELESS SITUATION AS IT EXISTS WITHIN THE REDEVELOPMENT AREA ON A MONTHLY BASIS UNTIL THE RESOLUTION OF THE HOMELESS SITUATION WITHIN THE CRA REDEVELOPMENT AREA IS ACHIEVED, BUT NOT FOR LESS THAN A TWELVE (12) MONTH PERIOD; FURTHER INSTRUCTING THE EXECUTIVE DIRECTOR TO MAKE MONTHLY REPORTS AVAILABLE TO THE BOARD OF DIRECTORS OF THE CRA AND TO THE MAYOR AND THE MIAMI CITY COMMISSION IN FURTHERANCE OF THE REQUIREMENTS OF FLORIDA STATUTES 163.370(K), WHEN APPLICABLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 148 4/25/02 50. CRA SPECIAL MEETING -- AGENDA ITEM 3 -- RESOLUTION REQUESTING THAT MAYOR AND MIAMI CITY COMMISSION CONSIDER CONDUCTING COMPLETE ASSESSMENT OF EFFECTS OF HOMELESS ISSUE ON REDEVELOPMENT AREAS. Vice Chairman Winton: We have "M" here. Chairman Teele: All right. Well, we have "M." Let's just come back to that, because we're on "P," and we're going to 3, because 3 relates to the "P." And this is a resolution of the CRA (Community Redevelopment Agency) Board requesting that the Mayor and Commission consider -- and they've already done this. You've already started this -- a complete assessment of the effects of the homeless on the redevelopment area, taking into account municipal services being provided in the redevelopment area, in conjunction with those services being provided throughout the neighborhoods of the City to -- We're requesting that the total cost incurred by the City and other governmental and private agencies dealing with the homeless issues within the City of Miami, that the economic impact of the homeless that are being held on Southeast Overtown/Park West Redevelopment Areas, and as well as the Omni Redevelopment Area, on property values within the redevelopment area, the lost economic opportunity costs, and further requesting that the Mayor, the Miami City Commission assist the CRA in complying with the requirements of Florida Statute 163.370(K), 163.380 and the intent of 163.355, as it relates to the purpose of the exchange of the real estate property between Charities Unlimited, and the CRA and the City of Miami. For purposes of discussion, would you move it? Vice Chairman Winton: So move. Board Member Gonzalez: Second. Chairman Teele: Madam Director, would you like to ask Mr. Judy to just come forth very briefly -- Annette Lewis (Acting Executive Director, CRA): Yes, sir. Chairman Teele: -- and state what we're doing here? And what we're trying to do is be faithful to the commandments of the Florida Statute that says you can do these things, but you've got to document them. We don't have in-house, within the CRA, a real estate and economic development department that has the in-house capability of making some of the real estate economic findings that are really needed to support the record. And we're requesting respectfully of the City to provide a lot of the technical research, economic analyses, lost opportunities; the kinds of things that people would come to the Mayor, and Manager and City and talk about, wouldn't necessarily go to the Redevelopment Authority, and assist us in the full compliance. Mr. Judy. Richard Judy (Special Project Coordinator, CRA): You know just -- Chairman Teele: Your name and address for the record, sir. Mr. Judy: Yes. Richard Judy, Miami, Florida. Really, the act itself in Section 3-62 provides for the Commission to in effect, when they're making decision for disposing of property -- remember, the process of our responsibility is to dispose property into the private enterprise to effectuating revenue, if you want to put it that way, and, of course, to meet the blight and slum problems. We have an -- a responsibility to either move our property at fair value or less than fair value. And obviously, as you know, under our Phase I Program, just about every one of our projects that we did in the nine blocks of the Phase I Program, we did that at less than fair value. And even all of them, that's right, because the economics required that. And you made the decision that that was in the best interest to, in effect, effectuate the redevelopment plan, and make it happen to eliminate slum and blight. So, in effect, it's the same situation here. We're moving a facility called the Camillus House out of the area for lots of reasons, as we know, but in effect, in doing this, we want -- we, as the CRA, are in a position that we will, in effect, in the exchange, 149 4/25/02 utilize a less than fair value of all the -- of any of the properties that we are exchanging with. And, in effect, the Camillus House is taking the same position. We're going to do both of those exchanges. But, in effect, when we say less than fair value, as a community, there is huge value to us, as you know, in terms of what we want to do, is move into these 200 acres, 240 acres and, in effect, bring from an economic basis into a downtown that we're really searching for. Chairman Teele: Further discussion? I think the operative word here should be "may do this." Mr. Judy: Yes. Chairman Teele: I think, "may," M -A -Y, in this case. The real issue here is that most of the land -- the land, for example, that the Executive Director is recommending that we'll hear from the public on, the site, the actual economics of that to the CRA is going to be much greater than fair market value. For example, if you assume that the Camillus House property is currently valued at -- Madam Director? Ms. Lewis: 2.5. Mr. Judy: Two -five. Chairman Teele: Do you agree with that, Madam Director, 2.5? Ms. Lewis: The latest appraisal is two point two million. Chairman Teele: If you assume that the Camillus House property is valued at two point two million, and you assume we take the primary site, our basis of the primary site at this point is zero dollars, I mean. Now, there was some value by the City before it was transferred to us. But the CRA, in effect, has a basis, itself at one dollar ($1). So fair market value is not going to be the consideration on either side of the ledger. But if it -- unlike the City, or unlike the County or governmental body, which must take property or dispose of property at fair market value or greater, the CRA is the very reverse of that. It should dispose of property not at fair market value, but what is in the best interest of the public. And that's what the statute speaks to. Not fair market value. And that's why you can't use the City's standard or a municipal standard when you're dealing with a Redevelopment Authority. This -- we don't think this will be a problem, but it needs to be there so that we don't get into the situation we had under the letter of intent, because the letter of intent didn't go forth, because there was an argument about valuation of our property there versus their property or vice -versa. So that's the reason why this is here. Further discussion? On the motion, all those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-82 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), REQUESTING THAT THE MAYOR AND MIAMI CITY COMMISSION CONSIDER CONDUCTING A COMPLETE ASSESSMENT OF THE EFFECTS OF THE HOMELESS ISSUE ON THE REDEVELOPMENT AREAS, TAKING INTO ACCOUNT: (1) THE 150 4/25/02 MUNICIPAL SERVICES BEING PROVIDED IN THE REDEVELOPMENT AREAS IN CONJUNCTION WITH THOSE SERVICES PROVIDED THROUGHOUT THE ENTIRE NEIGHBORHOODS OF THE CITY OF MIAMI; (2) THE TOTAL COSTS INCURRED BY THE CITY OF MIAMI AND OTHER GOVERNMENTAL AND PRIVATE AGENCIES DEALING WITH THE HOMELESS ISSUES WITHIN THE CITY OF MIAMI; (3) THE ECONOMIC IMPACT THAT THE HOMELESS ISSUES ARE HAVING WITHIN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA AND THE OMNI COMMUNITY REDEVELOPMENT AREA ON PROPERTY VALUES WITHIN THE REDEVELOPMENT AREAS AND LOST ECONOMIC OPPORTUNITY COSTS; AND FURTHER REQUESTING THAT THE MAYOR AND MIAMI CITY COMMISSION ASSIST THE CRA IN COMPLYING WITH THE REQUIREMENTS OF FLORIDA STATUTES 163.370(K), §163.380 AND THE INTENT OF 163.355 AS IT RELATES TO THE PURPOSE OF THE EXCHANGE OF THE CHARITY UNLIMITED REAL PROPERTY, CRA AND THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 151 4/25/02 51. SPECIAL CRA MEETING -- AGENDA ITEM 4 -- RESOLUTION REQUESTING MAYOR AND MIAMI CITY COMMISSION CONSIDER ENTERING INTO STRATEGIC ALLIANCE WITH CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) FOR PROVISION OF ADDITIONAL SERVICES FOR HOMELESS WITHIN THE CITY. Chairman Teele: And then the next is Item 4, a resolution of the CRA (Community Redevelopment Agency) Board requesting the Mayor consider entering into a strategic alliance with Charity Unlimited for the provision of additional services of homelessness within the City, in coordination with governmental entities, and for the expansion of beds available for the homeless from between 300 and 600 beds. Motion on the item. Vice Chairman Winton: So move. Board Member Gonzalez: Second. Board Member Sanchez: Second. Chairman Teele: The operative word is "additional." The Camillus House plans, as a part of their facility, to build 200 beds, period. Everything that we're doing today, the ten million dollars, is conditioned on one thing: That instead of the Camillus House building 200 beds, that they will develop a site that is capable of upwards of 600 beds. Now, whether they build them, whether the HAC (Homeless Assistance Center) people build them, whether the City builds them, whether the County builds them or some other organization, that's another issue. But what we're saying is we want a facility, a site and facility sited that is capable of upwards of 600 beds. And so the issue - - the operative word is "additional." We acknowledge that the Camillus House plan is to build 200 beds. We're asking for additional beds of upwards of 600. That would be 200 plus 400, or, as this resolution says, 300 to 600 beds. Further discussion or clarification? All those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: Those opposed have the same right. Board Member Regalado: Mr. Chairman, as a benefit to the people that will be watching and reading in the media, did -- What we did doesn't mean that we are approving 600 beds, or, you know -- just that the facility, the physical facility could house 300 more beds. That's all, that's all that we're doing. We are not, we are not raising the number of guests or beds and that is -- Is that the intent of the -- ? Chairman Teele: We are not making any decision today. What we're saying to the Camillus House, on this resolution especially, if you want the CRA's support -- We want to support your plan of 200 beds. But if you want our support in the money that we've outlined, the technical assistance, the other things, we're saying, you've got to work with the City of Miami broadly in addressing the overall homeless problem. 200 beds is not going to solve that problem. I think we all recognize that it's going to take somewhere between 300 and 600 beds. And we're not trying to force them into building more beds than they want. We're not trying to force them into providing services that they don't want to do. But what we are saying is that we want a strategic alliance that if someone else want to come in and do it, whether it be the HAC Facility, or if it be the City itself, or some other entity, we want to have an understanding that whatever that site is, it's going to be capable of building additional beds, over and above what it is they require. This is a good point to say that it is very expensive to operate and maintain these facilities. There's professional staff, there's health issues, there's psychology issues, there's job training issues. And I think Mr. Chapman indicated that it takes -- I don't remember -- was it three million dollars, two million dollars a year? -- to operate the HAC, one HAC, Homeless Assistance Facility. So it's a multi-million dollar a year, not just to build it, but to operate it. I should also proffer that one of the advantages that the Camillus House has is a tremendous network of volunteers, of people who come and offer services, and do things for free that, candidly, if the City ran it 152 4/25/02 -- ha ha ha -- nobody would come volunteer and do it for free. So, I mean, you know, maybe one or two retirees or something. But, you know people -- Board Member Sanchez: Rollason. Chairman Teele: Frank Rollason, maybe. People volunteer to do things around faith -based organizations, clubs, social organizations, entities that they're comfortable with, and it's just hard for cities and governmental bodies to get volunteers. So, yes, the answer to your question is, we are not committing to build 200 beds or 600 beds. We're only saying that if the Camillus House goes forward, they must be prepared to enter into a strategic alliance with the City and other entities, or look at doing it themselves for upwards of 600 beds. Further discussion? On the question, all those in favor, say "aye." The Board (Collectively): Aye. Chairman Teele: All those opposed, say "no." The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-83 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/ PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), REQUESTING THAT THE MAYOR AND MIAMI CITY COMMISSION CONSIDER ENTERING INTO A STRATEGIC ALLIANCE WITH CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) FOR THE PROVISION OF ADDITIONAL SERVICES FOR THE HOMELESS WITHIN THE CITY OF MIAMI, IN COORDINATION WITH OTHER GOVERNMENTAL ENTITIES AND PRIVATE ORGANIZATION, AND FOR THE EXPANSION OF THE NUMBER OF BEDS AVAILABLE FOR USE BY THE HOMELESS TO BETWEEN 300 AND 600 BEDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 153 4/25/02 52. SPECIAL CRA MEETING -- AGENDA ITEM 5 -- RESOLUTION EXPRESSING SENSE OF CRA BOARD TO SUPPORT APPLICATION BY CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) TO THE CITY FOR A HUD 108 LOAN IN AN AMOUNT NOT TO EXCEED $10,000,000; FURTHER AUTHORIZING AND TRANSFERRING A HUD 108 LOAN COMMITMENT TO CHARITY UNLIMITED OF FLORIDA, INC. FOR IMMEDIATE DEVELOPMENT OF A FACILITY, IN AN AMOUNT NOT TO EXCEED $10,000,000, BY PROVIDING ASSIGNMENT OF EXISTING COMMITMENT TO CRA UNDER PROVISION OF COMMUNITY DEVELOPMENT FIVE-YEAR PLAN FROM THE CITY PURSUANT TO CITY ORDINANCE 11736, AND SUBJECT TO CERTAIN PROVISIONS. Chairman Teele: And then the other item is Item Number 5, a resolution of the Board expressing the sense -- of the CRA (Community Redevelopment Agency) Board -- to support an application by Charities Unlimited, if they submit, to the City for a HUD (Department of Housing and Urban Development) 108 loan in the amount not to exceed ten million dollars, and further authorizing the transfer of the loan commitment -- the commitment -- to the Charities Unlimited from the CRA for the immediate development of a facility, and by making an assignment of the existing commitment to the CRA under the five-year plan, subject to the City of Miami independently making a decision on the appropriateness, the eligibility, and subject to Charities Unlimited agreeing again to expand its facility by at least 300 to 600 beds, and further indicating that the CRA will -- drawing down on its fourth and fifth year allocations, pursuant to City ordinance, until Charities Unlimited has begun -- amended -- begun the repayment of the loan that stipulates the principal payments shall not exceed five years. This is -- the CRA previously passed a motion saying, we want to do it. Now, we're asking or passing a motion to the City of Miami giving the sense that this Board supports the City of Miami considering this. But the City of Miami Manager and staff have to independently look at that without regard to this resolution. Vice Chairman Winton: So move. Board Member Gonzalez: Second. Chairman Teele: Is there objection? Board Member Sanchez: Point of clarification. We would assist with the HUD 108 loan, but they would be responsible for the loan. Chairman Teele: They would be responsible for the repayment of the loan. And they have indicated that they would undertake aggressive fund-raising actions on the loan. And we'll hear from them in the context -- Board Member Sanchez: And they will repay within five years. Chairman Teele: They would repay under this resolution within five years. But obviously, if it were seven years, we'd have to amend the resolution. They would have -- they'll be working out the agreement with the City of Miami and HUD, and not with the CRA. And all we're saying is we're prepared to offer or proffer an assignment of our fourth year and fifth year commitment to allow them to go forward and do that. This is the same process that we did for Parrot Jungle, where they have to go negotiate their deal with the County and the (inaudible). But remember, on Parrot Jungle, that loan is going to come bouncing back to us in some four or five years, I would say. Board Member Sanchez: Call the question. Chairman Teele: On the question, call -- the question has been called. All those in favor, signify by the sign of GG 11 aye. The Board (Collectively): Aye 154 4/25/02 Chairman Teele: Those opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA R-02-84 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), EXPRESSING THE SENSE OF THE CRA BOARD TO SUPPORT THE APPLICATION BY CHARITY UNLIMITED OF FLORIDA, INC. TO THE CITY OF MIAMI FOR A HUD 108 LOAN IN AN AMOUNT NOT TO EXCEED $10,000,000 AND FURTHER AUTHORIZING AND TRANSFERRING A HUD 108 LOAN COMMITMENT TO CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) FOR IMMEDIATE DEVELOPMENT OF A FACILITY, IN AN AMOUNT NOT TO EXCEED $10,000,000, BY PROVIDING AN ASSIGNMENT OF THE EXISTING COMMITMENT TO THE CRA UNDER THE PROVISION OF COMMUNITY DEVELOPMENT 5 -YEAR PLAN, FROM THE CITY PURSUANT TO CITY ORDINANCE 11736 (REMAINING $23 MILLION), SUBJECT TO THE CITY INDEPENDENTLY MAKING A DECISION ON THE APPROPRIATENESS AND ELIGIBILITY, AND SUBJECT TO CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) AGREEING TO EXPAND ITS FACILITIES BY AN ADDITIONAL 300-600 BEDS; FURTHER, THAT THE CRA WILL DEFER DRAWING DOWN ON ITS 4TH AND 5TH YEAR ALLOCATIONS PURSUANT TO CITY ORDINANCE 11736 UNTIL CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) REPAYS THE LOAN THAT STIPULATES THAT THE PRINCIPAL PAYMENT SHALL NOT EXCEED FIVE (5) YEARS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 155 4/25/02 53. SPECIAL CRA MEETING -- AGENDA ITEM 6 -- RESOLUTION REQUESTING THAT THE MAYOR AND MIAMI CITY COMMISSION CONSIDER APPOINTING A SENIOR LEVEL STAFF PERSON, WITH COST TO BE REIMBURSED TO THE CITY BY THE CRA, TO ASSIST CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) IN COST AND DEVELOPMENT OF NEW FACILITY IN A MANNER SIMILAR TO THE EXPEDITED CONSTRUCTION OF THE NAP OF THE AMERICAS FACILITY. Chairman Teele: A resolution requesting that the Mayor and Commission consider the appointment of a senior level staff person with cost to the City to be reimbursed by the CRA (Community Redevelopment Agency) to assist Charities Unlimited in the cost and development of their new facility in a manner similar to the expediting of the NAP (Network Area Point) construction. Vice Chairman Winton: So move. Board Member Gonzalez: Second. Board Member Sanchez: Second. Chairman Teele: Moved by Commissioner Winton. Seconded by Commissioner Gonzalez. Is there objection? All those in favor have the sign of "aye." The Board (Collectively): Aye. Chairman Teele: Opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-85 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), REQUESTING THAT THE MAYOR AND MIAMI CITY COMMISSION CONSIDER APPOINTING A SENIOR LEVEL STAFF PERSON, WITH COST TO BE REIMBURSED TO THE CITY BY THE CRA, TO ASSIST CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) IN THE COST AND DEVELOPMENT OF THEIR NEW FACILITY IN A MANNER SIMILAR TO THE EXPEDITED CONSTRUCTION OF THE NAP OF THE AMERICAS FACILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: Board Member Tomas Regalado 156 4/25/02 54. SPECIAL CRA MEETING -- AGENDA ITEM 7 -- RESOLUTION REQUESTING THAT THE MAYOR AND MIAMI CITY COMMISSION ("CITY" OR "GOVERNING BODY") ADOPT A RESOLUTION AUTHORIZING THE SEOPW CRA TO EXCHANGE CRA OWNED PROPERTY WITHIN ITS REDEVELOPMENT AREA OR PROPERTY ACQUIRED OUTSIDE THE REDEVELOPMENT AREA, PURSUANT TO CERTAIN FLORIDA STATUTES AND IN ACCORDANCE WITH SEOPW REDEVELOPMENT PLAN PHASE I PROGRAM. Chairman Teele: And the final one here is a resolution by the Board of Directors requesting the Mayor and the City to adopt a resolution authorizing the Southeast Overtown/Park West CRA (Community Redevelopment Agency) to exchange the property within its development boundaries, or to property acquired outside of the redevelopment area, pursuant to the appropriate Florida Statutes, in accordance with the Southeast Overtown Redevelopment Plan Phase I -- Phase I Program, dated September 1982, for the purpose of effectuating the Camillus House Project. Vice Chairman Winton: September 1983. Chairman Teele: September 1983. I stand corrected. Vice Chairman Winton: So move. Chairman Teele: Is there a second? Board Member Gonzdlez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-86 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), REQUESTING THAT THE MAYOR AND MIAMI CITY COMMISSION ("CITY" OR "GOVERNING BODY") ADOPT A RESOLUTION AUTHORIZING THE SEOPW CRA TO EXCHANGE CRA OWNED PROPERTY WITHIN ITS REDEVELOPMENT AREA OR PROPERTY ACQUIRED OUTSIDE THE REDEVELOPMENT AREA, PURSUANT TO FLORIDA STATUTES 163.370(K) AND 163.380, IN ACCORDANCE THE SEOPW REDEVELOPMENT PLAN PHASE I PROGRAM, DATED SEPTEMBER 1983 FOR EFFECTUATING THE CAMILLUS HOUSE PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 157 4/25/02 Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: Board Member Tomas Regalado 158 4/25/02 55. SPECIAL CRA MEETING -- AGENDA ITEM 2M -- RESOLUTION DIRECTING CRA EXECUTIVE DIRECTOR TO ENTER INTO STRATEGIC ALLIANCE WITH CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) REGARDING HOMELESS ISSUES AFFECTING THE REDEVELOPMENT AREAS AND DEVELOPMENT OF STRATEGY FOR OBTAINING MORE GOVERNMENTAL AND PRIVATE FUNDS FOR REVENUE STREAM FOR CAMILLUS HOUSE. Chairman Teele: Now, we get down -- we've got two. We've got item -- Resolution Number 2 and Resolution 2M to take up. This may be a good time to take up 2M. And 2M stated what, Ms. Lewis? Annette Lewis (Acting Executive Director, CRA): A resolution of the Board of Directors of the Southeast Overtown/Park West Community Redevelopment Agency, directing the Executive Director to enter into a strategic alliance with Charity Unlimited of Florida, Incorporated (Camillus House), regarding homeless issues affecting the redevelopment area and the development of a strategy for obtaining more governmental and private funds for use with respect to the revenue stream at the Camillus House. Vice Chairman Winton: So move. Board Member Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Board (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-87 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), DIRECTING THE EXECUTIVE DIRECTOR TO ENTER INTO A STRATEGIC ALLIANCE WITH CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) REGARDING HOMELESS ISSUES AFFECTING THE REDEVELOPMENT AREAS AND THE DEVELOPMENT OF A STRATEGY FOR OBTAINING MORE GOVERNMENTAL AND PRIVATE FUNDS FOR USE WITH RESPECT TO THE REVENUE STREAM FOR THE CAMILLUS HOUSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: Board Member Tomas Regalado Board Member Joe Sanchez 159 4/25/02 Chairman Teele: Members of the CRA (Community Redevelopment Agency) Board -- I'm about to say MPO (Metropolitan Planning Organization) because I'm being told I need to be there for a vote -- this may be a very good time to indicate to the public that the CRA has received a very serious inquiry from property owners that are interested in building a bowling alley within the redevelopment area. The property owners have indicated their willingness to hire up to 40 persons from within the redevelopment area. And while I'm not prepared to make the motion now, but I would hope that at least 50 percent of the persons that we would forward through the Work Force Development Office would be persons that are residing in the Camillus House, and at least 50 percent would be residents that are residing within the Overtown area. Obviously, they're going to be free to choose whatever they want. But I think, you know, we can engage in the kind of effort to try to help our homeless. That's why we talk about strategic alliances and development of a plan, not just to pass the problem on, but to help people get on their feet and move forward with their families. 160 4/25/02 56. SPECIAL CRA MEETING -- AGENDA ITEM 8 -- DIRECT CRA EXECUTIVE DIRECTOR, GENERAL COUNSEL AND SPECIAL COUNSEL OF SOUTHEAST OVERTOWN/PARK WEST CRA TO ARRANGE A MEETING WITHIN THE NEXT 45 DAYS AT POINCIANA VILLAGE SITE OR ITS CLOSE PROXIMITY WITH POINCIANA VILLAGE MANAGEMENT AND CAMILLUS HOUSE STAFF TO ADDRESS CONCERNS REGARDING ECONOMIC IMPACT OF BEING IN CLOSE PROXIMITY TO HOMELESS SHELTER. RESOLUTION APPROVING RECOMMENDATION OF ACTING CRA EXECUTIVE DIRECTOR OF PRIMARY AND SECONDARY SITES WITHIN THE REDEVELOPMENT AREA TO BE EXCHANGED WITH CHARITY UNLIMITED OF FLORIDA, INC., FOR EXISTING CAMILLUS HOUSE REAL PROPERTY, OR ANY ALTERNATIVE SITE OF THE CAMILLUS HOUSE. Chairman Teele: At this point, to the public, we want to hear from the Executive Director. And the first item, I guess we should just go ahead and deal with Item Number 8 and Item Number 9. Item Number 8 is the Executive Director's recommendations. And Madam Director, I think you should read enough of your recommendations into the record so that it's very, very clear to the public what we're doing here. So I'm going to yield to you, Madam Director. And this is a good time to say that Annette Lewis is the Interim Director. She formerly worked with the City of Miami in the Finance and Budget Office. For how many years, Ms. Lewis? Annette Lewis (Interim Director, CRA): 11 years, sir. Chairman Teele: 11 years as a City employee. Went on to receive her MBA (Master's of Business Administration) and is a licensed CPA (Certified Public Accountant); is that correct? Ms. Lewis: That is correct, sir. Chairman Teele: Certified Public Accountant. And came to us within the last year from the City of Homestead where Ms. Lewis served as the Financial Director. And I'm sure right now, it'd be nice to go back down to Homestead, and sort of look out and not be so stressed. But thank you, Ms. Lewis, for being here, and thank you for the job you're doing. Ms. Lewis: Thank you, sir. As you read into the record earlier, the primary site is Block 56. The address is 160 Northwest 7`h Street and it's just west/southwest of the Overtown Metrorail Station. This site is under the operating -- is under the control of the Community Redevelopment Area authority. And it's noteworthy, or I think I should say for the record, or I should have said before, anyway, that this project for relocating Camillus House goes back to 1983. There is a November 25, 1983 resolution of the City of Miami initiating Phase I of a program to implement the Community Redevelopment Agency Plan, which, again, is dated December 1982. It was formally adopted in March of '83, between the City and the County, to form the CRA. This site -- going back to the primary site recommendation is favorably located in relationship to the existing operations of Charity Unlimited -- tonight, we're referring as Camillus House. The alternate site is 1900 Northeast Miami Court. It's three parcels. 50 Northeast 19`h Terrace, 61 Northeast 19`' Street. Charity Unlimited of Florida currently holds an option to purchase this site. And this is in Commission District Number 2, which is Commissioner Winton's district. And the other is District 5, which is Commissioner Teele's district. Again, as we've said, or as Chairman Teele has said previously, the plan that the Camillus House envisions is for 200 beds. And in a letter from the Executive Director, Dale Simpson at the Camillus House, he's estimating as of a February 5`h letter that there is a shortage of approximately 1500 beds. So, again, the magnitude of this problem, you know, it is being brought to light. A little bit of background or additional background. Prior to making this recommendation, we looked at seven, a total of seven sites, which is on the board that's facing the Board of Directors. The first one -- 161 4/25/02 Chairman Teele: Antranette, this might be a good time for you to get your pointer and come on out and help your Director. Ms. Lewis: Site Number 1 is Block 54. The coordinates is Northwest 3 d Court, between Northwest 3`d Court and 4`h Avenue, between 6`h and -- Northwest Oh and 7`h Streets. That is a block north of where the "Y" currently is. Site Number 2 is Block 67, which is the northern portion of the block that the "Y" currently sets on, which is on 6th Street, between 3`d Court and 4`h Avenue. Site Number 3 is Block 55. The address for that parcel is 249 to 263 Northwest 6`h Street. Block 45, which the address is 152 Northwest 8`h Street. Site Number 5, which is Block 36, which consists of 14 parcels and generally is located between Northwest 8`h and 91h Streets, between Northwest 2nd Avenue and 1 S` Court, Northwest 8`h and 9`h Streets, between Northwest Miami -- 1" Court, and Northwest 1" Avenue. Site 6, which is the recommended site, the primary recommended site, which is Block 56. And then Site 7, which, in terms of block description, is Block 42. The first five sites were rejected for the following reasons: Number 1, the cost to acquire is excessive. That's the same reason for Site Number 2. Site Number 3 is as a result of its proximity -- Chairman Teele: When you say "excessive," you're saying the sites just so exceed the two and a half, three million dollar level? Ms. Lewis: That is correct. And we had made an offer, and the offer was twenty dollars per square foot. The counter-offer came back at forty dollars per square foot, and, of course, additional terms on it and conditions. Site Number 3, which I went through, is as a result of its proximity to the pilot Residential Homeownership Program that was envisioned in the Redevelopment Plan. Site Number 4 is also as a result of proximity to the same Homeownership Program. Site 5 is the adverse impact on the historic Lyric Theater and their plans. And that's a summary of the report, sirs. Chairman Teele: So in summary, the primary site that you're recommending is Block Number 56, which is along 7`h Street, just west/southwest of the Overtown Metrorail? Ms. Lewis: That is correct, sir. It's between 6`h and 7`h Street and between 2nd Avenue, Northwest 2nd Avenue and Northwest 1 S` Court. Chairman Teele: You also note that it is favorably located in relationship to the existing operations of Charities Unlimited. Ms. Lewis: That is correct, sir. Chairman Teele: And it doesn't say here very clearly, but it is the subject of two separate litigations. I guess there is a footnote. I apologize. Ms. Lewis: Yes, there is a footnote, sir. Chairman Teele: And the footnote is on Page Number 7. And that would be Footnote Number 3 and Footnote Number 4, those litigations. And that, of course, is the issue that the Camillus House management is concerned about, whether or not we can resolve that litigation to their satisfaction. They're giving us 75 days to do it. And then the alternate site -- and I don't understand the alternate site -- is along 19`h Terrace. And you're saying that that's the site that the Camillus House currently has an option on. Ms. Lewis: Yes, sir. 162 4/25/02 Chairman Teele: So, in other words, if we tell everybody we're through, we're not going to do anything, you do what you all want to do, it would be safe to assume that that's where the Camillus House would wind up going, if they didn't have this process going now. Ms. Lewis: That's a possibility, sir. Chairman Teele: All right. I think it would be fair to hear from the Camillus House representative, and then we'll open it up to the public before we debate, or open up with the Board on the recommendations of the Director. But suffice it to say that that's what we're here for. And the way this report is penned, and the way the resolutions have been voted up until now, whatever sites we designate today, the Camillus House will then have the option of deciding which of the two sites they're going to go forward with. Within 75 days from now, if the Camillus House is not satisfied with either site, they will have the opportunity to publish in the newspaper another site or the site that they're going to take, the alternate site, and we would be obliged to hold a Board meeting on a specific date -- I think July 20 -- July -- Ms. Lewis: July 151n Chairman Teele: -- 15`", to consider that final recommendation. And the final, final decision will be made on July 15`n. Is that a fair statement, Ms. Lewis? Ms. Lewis: Yes, it is, sir, or another date as designated by the Board. Chairman Teele: All right. Dale, welcome. And would you introduce yourself and everybody from the Camillus House, and say everything you want to say, because then we're going to hear from all these other fine people. And we're going to give everybody two minutes to say whatever they'd like to say. Dale Simpson: Thank you, Mr. Chairman. My name is Dale Simpson. I'm Executive Director of Camillus House, 336 Northwest 5`" Street in Miami. I want to first thank you all and applaud your leadership and courage in dealing with this issue. This is an issue of grave importance to us, certainly, as an organization that's spent 42 years doing this in Miami. But we're also, as an organization of people; we live here. We're people that live at Camillus House and work at Camillus House. To a person, love this City, want to improve it, want it to be a better place for every one of us to live in. And that's really the goal. That's why we're here. That's why we're trying to do this. This is, we hope, not a single purpose or a single -sided issue. This is something that should benefit the entire community. The sites that have been offered and discussed would work under many scenarios. But I really appreciate the wisdom of expanding this so that a move done at this time, whether it's 200 beds or 500 beds is a move that seriously and comprehensively addresses the issue of homelessness chronically, of people living on the street, people having to live on cardboard, so that we have a dignified place for people to go, and a place where people can make progress and reclaim their lives, and live to the highest of their ability. That's what we do. We don't just feed people. We help people to reclaim their lives. So this is something we will put every ounce of effort, every day, in the next 75 days to make this a reality. Questions? Board Member Regalado: Mr. Chairman. Dale, you said that in the next 75 days, you will work, and I'm sure that you will do that, too. What do you need from the City, and from the citizens and from the community to say, you know, we're going to do it, after you and the City decide on a site? But besides the fund-raising, what else do you need from the City, from the community? Do we need like a public information campaign? Do we need to rally people for this cause? What -- How do you see this two months and a half of planning until the last word is said and the decision is made? Mr. Simpson: I appreciate that the City has already started to pay much more attention to the issue of homelessness, is attempting to quantify it, is attempting to work more closely with the County to make sure that the resources that we already are spending in this community are spent wisely and effectively. The thing that I would ask the 163 4/25/02 community to understand and to take into their hearts is that Camillus House and Charity Unlimited of Florida has no intention of replacing the facility on I" Avenue with anything that looks like that now. We don't have room to do what we need to do. And the community needs to understand that if we have a large enough, appropriate facility, we're not going to have people sleeping on cardboard. The facilities that we've built on -- right next to 95 don't have people laying on the street. We have people in homes that are now their homes, a place to live, a place to raise their children. And that's what we're trying to extend to everybody else. Part of this will be done via public information. It's not just me that's going out in the community. It's all of our management staff and clients going out to the community to talk with people in the community about what's going on. You know, we believe we are trying to help people. We don't want to hurt or create fear in anybody. This is something that, in our belief, a good thing, a good thing for all people involved, and would hope to have that understanding grow in the community over the next two and a half months. And the issues that people are worried about or have questions about, we'll answer. And we will do everything to accommodate the community in this process. Vice Chairman Winton: Dale, could you tell us who these gentlemen are that are wearing Camillus House T-shirts? Mr. Simpson: Well, some of them live with us. Some of them are volunteers. Some of them, I believe, have signed up to speak. Now, we have not signed everybody up to speak, because we don't need to, to get a representative idea. But these are men -- and we do have women here as well -- who have very strong feelings about their relationship with Camillus House and its place in the community. Chairman Teele: Dale, would you just tell us a little bit about your Board, and your sense of your ability to raise money if we go forward? I mean, I realize -- I'm not trying to put you on the spot. I think the public should know who your Board is. And I think we should gauge from you a little bit of a sense as to whether or not you think it's reasonable that we can raise the ten to twenty million dollars over the next five years that would be necessary to have the kind of facility -- It's my understanding that 200 beds would cost somewhere between seven and ten million dollars. Is that a fair statement? Mr. Simpson: That's correct. But there are economies of scale as you get larger, and the individual bed cost goes down. We have talked about a project, construction cost of upwards of fifteen million dollars for a facility on the large site. Our capacity to raise money is pretty good, we believe. You know, we raise operating funds every day of the year. A capital campaign is a different story. It calls on different sectors of the community, and it is a limited campaign. Our Board Chairman is John Kislak who could not be with us tonight. He's on a mission in Israel. Our Vice Chairman of our board is Bob Dickenson, who is the President of Carnival Cruiselines. Who is the treasurer of the board? Ed Joyce, Northern Trust. I'll go down the list. We have 34 Board Members. We have Board Members who are prominent members of the community, and who are committed, as part of the process of being a Board Member, to helping Camillus House raise not only awareness, but to raise money. This is charity. This is direct charity in helping the community. Every Board Member has committed to do that. Most do it personally, as well. Those people of means on the Board contribute amazingly generously, and therefore, have not a lot of problem asking other people. So it is an area that I am relatively confident that we can raise some money. We also have good support in Washington, and continue to work on political support, as well as legislative support in Washington to help develop this facility. Chairman Teele: Well, I think we all know Mr. Kislak and the reputation of Kislak Bank, and Carnival. So I think some of us -- I certainly have a greater comfort that the money that the CRA is requesting that the City consider supporting you through a 108 will be repaid. I would like to say one thing, because I think it's important that before members of the Camillus House family come up and speak that we hear from those persons first who would like to be heard in opposition. I am not pleased with the Executive Director's recommendation to place this in the district that I'm pleased to represent. But similarly, I am not displeased. I think this facility has got to go somewhere. Certainly, the statistic that moves me more so than any other, and that's the Rand Study that says approximately 30 percent of our veteran -- 30 percent of our homeless have served in our nation's armed forces, veterans. And I received the other day an appeal from the Vietnamese -- Vietnam Veterans Association to help homeless, because 164 4/25/02 so many people who served in Vietnam have become homeless, for some reason. And I also take note of the fact that while homelessness is a color-blind issue and gender -blind issue, it does disproportionately affect the people that I'm charged with representing from the African-American community, as well as other communities. And so I would hope that all of us would feel a willingness to accept this facility in an appropriate location in our district. The only thing I want to say jokingly to Angel Gonzalez, particularly, who's the newest member on the dais, when the number comes out that I got ten million dollars of CD (Community Development) money in my district, I'll be more than happy to share that ten million dollars with anybody else's district. Now, this would be a good time to speak up and say you'd like the ten million dollars, because, you see, what's going to happen is the staff is going to say, well, which district has got what money? And they're going to take this ten million dollars of homeless if it comes from District 5 and say, Teele's got ten million dollars of CD dollars. And they'll be statistically correct. So I just want to, you know, have an open invitation to my colleague, Chairman and anybody else, if you'd like to stand up and receive the ten million dollars, this is a good time. Or you can do it a little later. I'll be more than happy to share my ten million -- this ten million dollars that appears to be coming my way, because what you're going to hear in your communities, I can tell you, from time to time, is this district is getting more than we're getting, and this is getting -- And what -- you're hearing it now? And what this is really about is trying to apply dollars where the need is greatest. And I say this jokingly, but I say it with some degree of sincerity that this is a difficult issue. And I'm pleased to work with you and with the Board, and with the Manager and our Director in doing so. If there are no other issues coming from the Camillus House at this moment, what we'd like to do is hear from those persons who may be in opposition or would seek clarification, and then we'll hear from those who just want to be heard, and then we'll hear from those who are supporting the decision. Are there any persons that would like to speak in opposition? Please feel free to come right up and stand at the podium. Line up at the podium. Once there are about three people at the podium, there's no need to get more than three or four. Let's just try to keep three people at the podium. Sir, you are recognized, and welcome. Alan Savitz: Hi. Alan -- Chairman Teele: Ms. Lewis, would you have your staff member remove this for the time being, this item, please. I tell you what. Why don't one or two of you guys just come down and help us out. Just remove it. Just lean it up against here. You could face it out to the public, yeah, so the public can see. Very good. Thank you very much. Thank you very much. Welcome. Mr. Savitz: Hi. Alan Savitz, 1920 North Miami Avenue. I'm located at the address directly across from one of the proposed new sites. And the most important thing I think I have to bring up today is that when Alvah Chapman came in our area to put the Partnership for the Homeless Facility, there were many people that were opposed to it. But when we studied their plan and their program, we -- many of us approved it with one condition -- that there would be no other homeless facilities in the area. And that promise was made by many different individuals, including one of the Commissioners sitting up there now wrote a letter that stated that because the Partnership for the Homeless was going to be allowed to be in 1550 North Miami Avenue that there would be no additional homeless facilities in that area. Now, I have been in Overtown talking with people that live there and work there, and they feel that they've done enough. This is not a NIMBY (Not in My Backyard) thing. We have over 25 homeless facilities in our area. It is time that the rest of the community would share that particular program, and to help the City of Miami. I think that we're on the right track now. The only thing I'm asking is that the Commissioners keep the promises made by previous Commissioners when the HAC (Homeless Assistance Center), which is the Partnership for the Homeless, which I give money to. When it was finally approved by just one vote, it was agreed upon by many people that -- and the Bacardi Company and the Braman Cadillac Company went in full support of the Partnership for the Homeless Building at 1550 North Miami Avenue, because the promise was made that there'd be no other homeless facilities. Now, one thing, real quick about the Camillus House. We're talking about single men. We're talking about that they are being wanted to move out of where they are now, into another area, which would be across the street from where I am. And my thought is, why don't they stay where they are if they are planning such big plans? They can rip that building down, build the beautiful building that they're talking about. But they cannot keep these men as prisoners inside the facility. They could build the most beautiful, huge, 165 4/25/02 biggest facility. But people are free to go and come. And there's a fire station there that when the fire engines are rushing out of there with their sirens screaming to go to save lives, they might run over a homeless person. We're talking about right next door. We're talking about the City of Miami Cemetery, the oldest cemetery in the City of Miami that has been desecrated before, and there was a promise for a fence to go up, which was put up, and they said no more homeless facilities. Now, the reason that people don't want this particular facility to go in the area is because there are many -- Vice Chairman Winton: Excuse me. Could I interrupt you one second? I need a point of clarification. Mr. Chairman, I think we need to -- You set a rule, two minutes per speaker. This speaker has gone three and a half minutes. I don't care what the rule is. If the rule is going to be three minutes, or four minutes, or two minutes, it needs to be applied equally to everyone, period. So -- Chairman Teele: Thank you. Thank you, Commissioner Winton. Because we didn't make it clear, I was going to do so when he finished. The buzzer went off. He continued to talk louder and louder. And once he finishes, we're going to limit everyone to two minutes. Mr. Savitz: OK. That's a good point that you brought up, and I apologize. I didn't hear it, because I'm a little hard of hearing. But I'm talking about the site at 19`h Court and Miami Avenue, that there are many, many people who are against that, and I'm speaking on behalf of all of them. I thank you all very much. And good luck with your program. Chairman Teele: Where did you say you live, sir? Mr. Savitz: I work -- Chairman Teele: No, where do you live? Mr. Savitz: I live in Parabella Street, Coral Gables. I work at 1920 North Miami Avenue for the past 35 years, and I love Miami. Chairman Teele: Yes, sir. All right. Thank you very much. Would all speakers -- Mr. Judy, that includes you -- would all speakers give their name, their address and where they live, please. That's required by our -- Would everyone please limit themselves to two hours. And I think -- Unidentified Speaker: I can handle that. Chairman Teele: Two minutes. And I think it's very -- Vice Chairman Winton: I was going to say, I'm going to need some No Doze. Chairman Teele: I think it's very germane in the context of people speaking to say where you live, because we all live somewhere. And that's what we're talking about. You can talk about anything else, but just tell us where you live. Yes, sir, Mr. Cruz. You're welcome. Mariano Cruz: You know my address. 1227 Northwest 26'h Street, in Allapattah. Chairman Teele: Your name? Mr. Cruz: Mariano Cruz. OK. The only thing I'm coming down here is because today, I find in the morning, I was reading an editorial from The Herald and other paper, too. And this, this, I didn't write. It say the CRA is proposing two sites in Overtown. However, if deals can't be closed on either of them, then Camillus House can 166 4/25/02 recommend its own potential location. Already, Camillus House is looking at a location near Jackson Memorial Hospital, and the Dade County Jail. This site could address several issues, some beyond the City's control. I want to remind you that Dade County Jail and Jackson Hospital are in the Civic Center, which are located in Allapattah. And you remember, 1992, the City Commission rejected the Allapattah site, 12`h and 201h. I was here in 1990. I was here in 1983. I was here in all those cases of Camillus House, and I said the same thing. Camillus House was in downtown in 1961, before the Miami Arena, before any development. They have a right to be there. Oh, now, but you know what it is. It is another thing that happened here. Because I read, too, here, from David Cardwell, maybe a high paid lawyer from someplace. He said the CRA decided to use funds from the Community Redevelopment Trust Fund to fund the relocation of Camillus House from within the CRA's area of operation to outside the Community Redevelopment Area. The CRA has determined that the Camillus House is a significant blighting influence on the area and that the successful redevelopment of the area will require the removal of Camillus House from the area. If it is a blighting influence in there where it is, it will be a blighting influence in Allapattah too, other places. So I really don't know whether it's a matter of business, it's a matter of solving the homeless problem, or it's a Homeless, Incorporated member of the Fortune 500. Now, I tell you, it's a -- I am confused. Look, I got a list and I'm going to read them a list that we have in Allapattah of all jails, halfway facilities and name you from -- Ah, we have also a Camillus House already, (unintelligible) -- Chairman Teele: Mr. Cruz -- Mr. Cruz: -- at 2136 Northwest 8`h Avenue. Chairman Teele: Mr. Cruz, as a member of a very prestigious board, we would hope that you would conform your comportment to the rules of decorum and stay within the time limit. Thank you, Mr. Cruz and -- Mr. Cruz: You change the rules after the game start. Chairman Teele: Thank you, Mr. Cruz. Yes, sir, you're recognized. Robert Glazier: My name is Robert Glazier. I'm a resident in the City of Miami, Morningside. I work downtown. I am an officer at Temple Israel of Greater Miami. I am here today with regrets to speak against only one portion, the alternative site. We have no objection, and we applaud all the efforts going on in the primary sites and the alternative secondary plans. Our objection is to the alternative site. Chairman Teele: May I clarify one thing without taking away your time? Madam Clerk, would you? The primary site is a site that the CRA controls. The alternate site is a site that the Camillus House controls. If we all agree tonight to do nothing, absolutely nothing, there is nothing that the CRA can do regarding the alternate site. So please feel free to speak. Your comments are very well taken and they need to be put on the record. But just understand, the alternate site is not under the control of the CRA. It is under the control of the Camillus House. And that's the site that they have control of, the option or the value of the -- I mean the ownership of the land, or something that approaches that. And that's why this site is primarily listed. So please feel free to go and make all of your points, and we won't take your time away. We'll give you five additional seconds. Go right ahead. Mr. Glazier: OK. In response to that, my understanding -- We found out about this 1 I o'clock today that there was a hearing. We had no notice, so I don't have all the answers. But my understanding is that the property, which is at the end of our block, would require a variance to be zoned for this. This is just the first step. Yes, it wouldn't be before the CRA, but it would be before the City Commission, so it's the first step toward there. In fact, we may be coming back if it were to head down there. But we don't think that -- This would be throwing opposition to this plan that is unnecessary. And if I could briefly -- and I know my time is very limited. We have for 80 years been in the Central City. I say that I'm here with regret, because we decided to stay in the Central City when lots of other religious institutions have gone to the suburbs. We feed the homeless. Twice a month, members of our temple go over to the Homeless Assistance Center. I've been there on Christmas Day feeding the homeless. It is with great 167 4/25/02 hesitation that we oppose the alternative site, but we oppose it because it is a block away. It is on the same block as our facility. The closest part of our facility to this proposed alternative site is an early childhood education center, children six weeks to five years, open from 7 in the morning to 7 at night. We opened that about two years ago. It's Stanley Tate Early Education Center. It is difficult to be a religious institution in the Central City when your potential members have moved out. We have hung in there for 80 years. Our 80`h anniversary was last week. Whether we can survive -- Now, maybe it would be unfair, but I can tell you, partly, for the precedence set by what's going on downtown, the other site -- if I could have 30 seconds more? Chairman Teele: 30 seconds more, sir. Go right ahead. Mr. Glazier: Our ability to remain in the Central City, our ability to continue to do some of the good deeds, like feeding the homeless is remarkably endangered by this alternative site. And we ask the Commission to approve the plan, but delete the alternative site. Thank you for your time. Chairman Teele: Thank you very much. Yes, sir, Mr. McKnight. It's a pleasure to have you here. Irby McKnight: Good evening, Commissioners. I'm Irby McKnight, Chairman of the Overtown Advisory Board, Chairman of the Neighborhood Assembly for the Empowerment Zone, a voting member of the Empowerment Trust, whose meeting started 20 minutes ago, and I really need to be there. But because of all the hats I wear for the neighborhood, I thought it was very important that I stay here today. I am here this evening to remind the City of Miami that the Overtown community has been used by government in ways that no other source or person would have done. We have the Women's Detention Center, which took away a very respected drug treatment program. We are home to 1-95, 395 and 112, which took 40,000 residents from my community. Once those residents left, the businesses had no other choice. They had to move or close. We have a homeless population, according to the Department of Children and Family's 2000 Census -- as of February; Mr. Dwight Daney says there are 234 permanent homeless people in the streets of Overtown. If you multiply that with the multiple that you have used earlier, then you get some idea of the number of people that not all -- not any of these shelters are reaching. But I want to impress on you that the sites that have been identified, particularly Block 56, which was purchased with UMTA (Urban Mass Transit Authority) money that came with the Metrorail, bought the land so that the residents of Overtown and the property owners would have a fair share in redevelopment of the area. I need an answer from this Commission as to whether or not the Federal government changed its UMTA rules and removed the City of Miami from those requirements. The next thing is that we have the Rosa Parks Charter School -- Chairman Teele: Mr. McKnight, Mr. McKnight, as Chairman of the Overtown Advisory Board, you're an official. You're here to advise us. How much more time will you require? Because I think you're entitled -- Mr. McKnight: 30 seconds. Chairman Teele: Please take 30 seconds. Mr. McKnight: Thank you. We have Rosa Parks Charter School one -- two blocks away from one of the sites, and the Downtown Charter School at the Police Department, two blocks south of the same site. So two blocks north, Rosa Parks; two blocks south. And then as a member of the Overtown Advisory Board, and a person who been active in the Overtown community for 35 years, every public meeting, our residents ask for childcare space. Finally, under Director Beverly Phillips and the current Director, Eileen Simon, the "Y" provided the necessary childcare space for our community. The people will not drop their children off at a center that is surrounded by homeless people. Our children are now having to navigate their way through the streets every morning to get to Douglas Elementary School, Phyllis Wheatley Elementary School, and not a human child ought to have to do that. If they were in the circus, then the people who protect animals would speak up in large numbers. But because they are inner City children, then maybe there is no heart here for them. But I know that's not true. Thank you. 168 4/25/02 Chairman Teele: Dr. Fields. Dr. Dorothy Jenkins Fields: Dorothy Jenkins Fields. I was born at 159 Northwest 10`h Street in Overtown some time ago, and now, I reside in Brownsville. Overtown, known as "Colored Town" became a community in 1896. More than 40 percent of the men who stood as incorporators for City of Miami lived and worked in Overtown, and helped to make Miami what it is today. I am here before you to ask, CRA Chairman and Board that you listen to the wishes of the community. And in that regard, know that the 1982 resolution that created the CRA, along with the 30 reports that over time have studied the CRA and have gotten the wishes of the community, along with the reports from the Overtown Advisory Board and the Empowerment Zone all are consistent. All say that Overtown should become a destination again; all see Overtown as a neighborhood and an entertainment district, as it was again. And so we ask that you listen to the community and to the wishes that have been expressed over time. We know that the Camillus House is an important institution, and that those who are there must be served. We would ask that you look at Jackson Memorial Hospital area, west of 17`h Street. There are many other vacant areas that are not within Overtown. Other communities have, in fact, said that they don't want it, and they have become alternate sites, and they have become nonexistent sites. We deserve the same consideration, speaking to each of you. Thank you. Linda Watson: My name is Linda Watson. I live in 1617 Northwest 4`h Avenue, Apartment 12A. I'm very concerned that we live in there, at least me, 31 years. And we are in the danger to come out from there, because they thinking to put more expressway on top of us. I'm very concerned. I don't care if you all get a place for the homeless. But the people that paying rent, you all trying to take we home and put in people that doesn't pay rent. I don't matter about that. But there is drug addict place there. They have homeless here. They have all kind of thing here. Why can't you all put it someplace else? We have enough. And enough is enough. Chairman Teele: Ladies and gentlemen, we're going to ask, please, if you would avoid beginning the applauding and the jeering on either side. And we're all here to hear from the speakers. Thank you. Go right ahead, ma'am. Thank you. Denise Kelly Johnson: My name is Denise Kelly Johnson. I live at 201 Northwest 7`h Street, Number 304, directly across the street from what is proposed as the primary site. I've lived in Overtown 12 years, because we moved into Poinciana Village. When we bought into Poinciana Village, the plans of the City of Miami were very grand as respects the redevelopment in Overtown. That's why we came. The City of Miami seems to be of two minds, because it had a plan, and it seems to have chucked that plan, and now, it has another plan. I dare say that is extremely unfair to people like us and my fellow residents, who are taxpayers. I live close enough to the place that I work that I can walk to work. I walk through the streets to my place of employment regularly. I've been looking for 12 years for change and for some consistency, some kind of -- one definite plan. And what we've gotten is chaos, literally. And it's extremely unfair. I don't have any statistics to site for you, but all I'm telling you is emotionally. I live in the City of Miami. The Executive Director of Camillus House does not. He does not. And he doesn't care about my neighborhood the way I do, and what I want to see in my neighborhood. And what we'd like to see -- I'm also on the Board of Directors of the Black Archives. And the Black Archives have had a vision for Overtown that has not completely been supported by the City of Miami. What I urge you to do is to think of one consistent plan and to think of people like us, who bought into an area to help to redevelop it. And Camillus House, coming across the street from me is not redevelopment. Chairman Teele: Yes, ma'am. Lillian Slater: My name is Lillian Slater. I live 1640 Northwest 4,h Avenue, Apartment IOC, near Jackson Memorial Hospital. And we have three co-ops over there -- Town Park Village, Town Park North and the South. Each one has a certain amount of people. Where I live, we have 151 units. We have a lot of children there. We have a Commissioner that sits on the seat there, that he knows that in that community over there, we all over there, we need help there. But this is what I would like to say: That I understand about the homeless people, but we got 169 4/25/02 enough things over there now. We trying to straighten up out from when they tore down everything over there. We need everything back that they torn down over there. We ain't got time for the homeless. Well, you know, I know they are people, too. But let them go back wherever they come from, and let's us take care of ours over this side. And Commissioner Winton, I know you all don't want them over in y'all side. So let's be realistic about this thing. We had one. That's enough of it. And take care of some of Overtown over there, because we people over there, we are thinking we might have to move, because we're in a situation now, we need money for our place over there, and nobody want to help us. And we have been coming down here to City Hall about money. And Commissioner Teele, you know, you been over there. You understand us over there. And now, we don't know what's going to happen to us over there. Thank you. Chairman Teele: Ms. Slater, Ms. Slater, ma'am, what is your understanding of the site we're talking about? I mean, you're at Town Park Central or North? Which Town Park are you in? Ms. Slater: The first one they built. The Village. The first one they built by the church. Chairman Teele: OK. That's along what? Ms. Slater: I-95, you know. Chairman Teele: And 151h Ms. Slater: Yeah. It's between 15`h and 171n Chairman Teele: OK. The sites that we're talking about right now are 7`h and -- 7`h Street and 1" Court. Ms. Slater: Well, I thought about 19`h Terrace. What is -- It's something there. 19`h Terrace or 19`h Street. Chairman Teele: OK. 19'h Terrace is northeast. That's on the other side of the railroad track. You know what I'm talking about? The other side of the railroad track. Ms. Slater: Mm-hmm. Chairman Teele: And further to the north. In other words, it's down near Biscayne and -- You know where Braman -- Ms. Slater: Yes. Chairman Teele: -- Rolls Royce and all that. Ms. Slater: Yes. Chairman Teele: In that area. Ms. Slater: Mm-hmm. Well I -- you know what I mean? I -- something is going on up here on 17`h Street, Jackson Memorial Hospital. Chairman Teele: Uh-huh. Ms. Slater: And something was in The Herald, concerning about they putting that homeless there, come down 17`h Street there and Jackson Hospital. But, you know, we got enough with Mother Teresa up there with her problems coming through there laying down. 170 4/25/02 Chairman Teele: OK. I just would like to say -- Ms. Slater: You understand what I'm saying? Chairman Teele: Yes, ma'am. Ms. Slater: Yes. Chairman Teele: And I'd just like to say for the record, I think everyone has acknowledged for some time that the homeless problem also requires medical care. A lot of people have HIV positive. A lot of people that are homeless have problems that are associated with service in the military, need some medications. Some may even need medical mental help. I think everybody recognizes that having -- excuse me, ma'am. (INAUDIBLE) Chairman Teele: I think we all recognize the need to provide medical assistance. And I think one of the things that Mr. Cruz spoke about was that the Commission, some seven or eight years ago -- 1992? -- proposed putting the Camillus House along 201h Street and 12`h Avenue at a site that is currently owned by the City or a site there. And so there has always been that sense in the end that if we could draw a picture, it would sort of almost be on the Jackson campus. But there's going to be opposition to that. But I just wanted to make sure you understood that the two sites that are before us today are one near Northeast 2"d Avenue and 19`h Street, which is -- Northeast 2nd Avenue. Ms. Slater: That's Miami Avenue, ain't it? Chairman Teele: No. Northeast Miami Court and 19`h, which is on the east side of the railroad track. OK? And the other site is on 7`h Street and 1" Court Northwest. OK? So I just -- Ms. Slater: Yeah, I understand that, Commissioner. Chairman Teele: All right. I just want to be clear on the record because -- Ms. Slater: Yes, I understand that, Commissioner. What I was talking about, they come from every direction. Chairman Teele: Yes, ma'am. You're right. Ms. Slater: You understand what I'm saying? Chairman Teele: Yes, ma'am. Ms. Slater: That's what I'm talking about. Chairman Teele: Thank you very much. Mr. Hall, welcome. John Hall: Thank you. Commissioners and Chairpersons, my name is John Hall. I live at 7365 Southwest 132nd Street. I am currently the President of People's Bank of Commerce, but I am here today representing the Black Archives, as others have. I sit on the Board of the Black Archives, and I also chair the Economic Restructuring Committee for the Folk Life Village. I come here today with mixed emotions, more than one way. First, I have mixed emotions, because upon viewing the partnership agreement with the City of Miami and Camillus House, I cannot help but applaud the vision that is incorporated therein. And it is my view; I think it is the view of our entire 171 4/25/02 Board that this is an enlightened concept. We applaud it. We do not come here to oppose that partnership. I've equally come with mixed emotions because I had never anticipated in my life that I would be in a situation where it appeared that I was speaking against the homeless. These are our brothers. There is no way that we could speak against them. We love the brothers. The whole purpose of the Overtown Folk Life Village and development plans for it are to provide an opportunity to restore and recreate as much of the history and the heritage of Overtown that used to be. The net effect of that is, hopefully, going to generate -- not just bringing business, viable brand name businesses to this area, but also to create jobs for some of these same folks. Our opposition is to the location on 7th Street. We have conducted the first half of the study by (inaudible), Miami Economic Research of the economic viability requirements for making what the charette defined as the anchor of Overtown, which is the Lyric Theater, the heart of a viable economic activity center. Chairman Teele: All right. Mr. Hall: There is absolutely no way it can be the anchor if within a stone's throw, we have a homeless center. It is our view that a viable location has to be found. We don't see this as a NIMBY issue, but we don't believe it is a compatible use. Chairman Teele: Thank you, Mr. Hall. All right, sir, go right ahead. Earl Robinson: Good evening, Commissioner, members of the City of Miami. My name is Earl Robinson. I live at 500 Northwest 11th Street. I has a business at 518 Northwest 11 th Street for the last 23 years. And we would really, really like you to consider bringing the Camillus House in that area, because what we need in that area is businesses. We have so many people that need work. Whenever we are loading a container or have any kind of a work there, there are 20, 30 people asking us for one job that we just need about two people for. So we would like you to consider looking -- giving that site or bringing some large manufacturer or something in that area to help develop the area and also give the residents of that area jobs. That's what we need in that area. And I thank you, sir. Chairman Teele: Sir, you said 11th Street, or did you mean 8th Street? What street was that? Mr. Robinson: My business is on 518 Northwest 8th Street. Chairman Teele: Your business is on 8th Street. I know where your business is. Mr. Robinson: Right. I live at 500 Northwest 11th Street. Chairman Teele: OK, OK. So you're talking about -- You know, there is a site that I asked the staff to look at, and that's the site where we put a lot of money in the infrastructure. I think Mr. Mosley is here. I saw him earlier. We don't control that site. But apparently, staff didn't look at it. Maybe we can ask staff to look at a site over there off of 7th Street and -- near your business over there. I'm encouraged that someone would come forth and say, we'd like to see the site over there. You've been there many years. You own two businesses there, actually. Mr. Robinson: Yes, sir. Chairman Teele: You own Merlins, right? Mr. Robinson: Yes, sir. Chairman Teele: Nice place. I like to come by. Mr. Robinson: Thank you. Thank you. 172 4/25/02 Chairman Teele: Thank you. Yes, sir. Yes, ma'am. Jacqui Colyer: Good afternoon. My name is Jacqui Colyer, and I live at 425 Northwest 6th Street. And as a resident of Overtown for the last 18 years, you know, I'm really proud to see that someone bought T-shirts for all the people who are homeless in this community. And they brought buttons, and they brought friends, and they brought all kinds of folks here, just to speak on behalf of the homeless. But I'm here to speak on behalf of the folks who go to work every day, all 5,000 of them, who live in Overtown, who pay rent every single day, because there aren't that many homeowners left in Overtown. And there aren't that many homeowners left in Overtown because of this kind of City policy. In the years that I have been there, Overtown, in the City of Miami policy has literally destroyed a community. When I moved into Overtown in 1982, there were 427 homeowners in the little section of Overtown where I happen to live, which is just west of I-95. There are now less than 50. And it's because of this kind of policy. It's like the woman from Poinciana said. One minute, you want homeownership, and you want people to move back into the community, and you want people to be a part of a revitalization for a new Overtown. And the next week, you forget everything that you've said. You forget about homeownership. You forget about the people that you lured back into the community. And you tell them, well, we just need to put one problem that we have in Overtown next door to you. My solution, and my offer to you is, if this is going to be such a grand, and such a magnificent, and such a wonderful facility that no one will know that it exists, and no one will know that it is there, keep it where it is. Because, guess what? There are no -- there's no one there that's fighting that, except the folks who plan to redevelop it and make lots of money off of it. And they're not here to say, I'm going to make a million or two dollars off of it, so please, move it from here. I say, leave it right there. I say buy the lot that's behind Camillus House right now, redevelop it, make it into this grand site. And guess what? The people who will be visiting the Arena, the new American Airlines Arena, and the people that will be visiting the Performing Arts Center will only have to see whatever they think -- whatever -- you know, because we all know what's really going to happen once that facility is built -- that the people who will have to see it will only have to see it once a week, because that's the only time they spend downtown. They'll have to see it once every month, because that's the only time they'll come into the Performing Arts Center. But we have to live there every single day. We have to see the people whom you have and that we have not provided for every single day. And we, as the residents of Overtown, are going to fight it. We're going to fight it. We're going to fight it. You don't have to have anybody else call me and ask me about it. We're going to fight it. Chairman Teele: Yes, ma'am. Marie Wims: Yes. Good evening. I'm Marie Wims. I live at 1780 Northwest 5'h Avenue, Town Park Plaza South. And I've been living in Overtown now since 1965. And, you know, we have Jackson Memorial there. We have a fire station on -- I think it's on each four corners coming in -- I don't care which way you come into town, you're going to find a fire station. And when them fire trucks come out, that's enough noise and stuff. And so now, I was -- like Ms. Slater, I thought at first when I heard it, they said 17th Street. But, no, it wasn't. You're saying now that it's 5th Street. But, still, yet, please, we need help in Overtown to redevelop for the people that live over there. So, please, help us, because we don't get no help over there. Chairman Teele: Thank you very much, ma'am. Yes, sir. Jerome Hollo: Good evening, Commissioners. Jerome Hollo, 3900 Northeast 191" Street. I'd like to say we're talking about a Community Redevelopment Area, and I think redevelopment takes a lot of parts. One is a facility such as Camillus House, which are sorely needed. But the other part is getting the private citizens to come in and actually invest in the areas, so that they become redeveloped. In 1993, when they wanted to put the first Homeless Assistance Center in the Omni Redevelopment Area, they approached a lot of these private citizens and -- for their support, which support we gave them, with the understanding that there would not be another type of social facility like the Homeless Center put in that area. So I think it would be inappropriate today for the Commission or the CRA to even entertain the alternate site as a site for this center. Thank you. 173 4/25/02 Chairman Teele: Thank you very much, sir. Ms. Sawyer, would you like to go ahead? And then we'll hear -- Emilio Lopez: Go ahead, go ahead. Chairman Teele: Ms. Sawyer is the historic property owner of one of the sites in question, and is the wife of Bill Sawyer, whose father owned the Mary Elizabeth Hotel, and much of the property, including the land abutting the Lyric Theater and they're large property owners. Ms. Sawyer, it's a pleasure to have you here, and we appreciate your family's contribution. I should say that your late sister-in-law was the first African-American elected to the House of Representatives since reconstruction, the late State Representative, Gwendolyn Sawyer -Cherry. And so it's an honor to have you here, because you represent so much of the positive history of Overtown, Ms. Sawyer. Bernise Sawyer: Thank you very much. I hope that you will be able to hear me. Can you? Can you hear me now? Chairman Teele: Yes, ma'am. Ms. Sawyer: All right. Well, this is just a comment from my neighbors and myself. The Board of Directors of the Southeast Overtown/Park West Community Redevelopment Agency of the City of Miami, I was at the CRA meeting on March 25, 2002. My neighbors and myself, who are owners of units in Poinciana Village were not involved in the demonstration about relocating Camillus House to the north of the YWCA (Young Women's Christian Association) on 6`" Street. But we do want to make it clear that we do not agree with the location next to the YWCA, and want to lend our support to oppose that site. I was not able to follow the reasoning that took place in forcing a vote to suggest that Camillus House should be located on Block 56, which is part of the Sawyer's Walk Development. No one was demonstrating against Block 56. So I couldn't then, and still don't know why Block 56 was voted on as a compromised site. That was not a logical response to -- or decision. Chairman Teele: Ms. Sawyer, just for a moment, unless someone objects, we're going to allow Ms. Sawyer time to read her full statement into the record. Go right ahead, Ms. Sawyer. Ms. Sawyer: Block 56 is part of the four -block residential retail development referred to as Poinciana Village Sawyer's Walk. Bill lived on Block 56 for 70 years. I have lived there for 40 years. We agreed to sell and move when the City wanted to redevelop the area. But now, we live at Poinciana Village. The concept -- our neighbors and ourselves bought into that -- was that a residential area would exist there. We are asking that the CRA do everything in their power to assist in seeing that the original plans are implemented. We want to be good citizens. We want to be part of the solution for the relocation of Camillus House. We feel it should be relocated from its existing location. We would like to see a large, modern facility that can properly accommodate the people it serves. Like to see a large, modern facility. We want to understand that the State of Florida owns -- I'm sorry -- We understand that the State of Florida owns a large parcel of land east of Northwest 71" Avenue and west of 95. Specifically, the land fronts 17'" Street and it's just west of the Better Way Facility at 675 Northwest 17" Street. We feel this site will provide a campus like setting, and be a perfect location for Camillus House. In addition to the desirable size of the location, it is within a few blocks of the Jackson Hospital Complex. The available facilities at the Jackson area are a necessary part of the Camillus House program. We, the homeowners of Poinciana Village, are asking the CRA Board to join with us to recommend this Northwest 17`" Street site for the relocation of Camillus House. Sincerely, William D. Sawyer, (inaudible) Sawyer and all the other residents of (inaudible). For the sake of time I -- Unidentified Speaker: She has a lot of signatures. Ms. Sawyer: I just have a lot of signatures. So. 174 4/25/02 Chairman Teele: Ms. Sawyer is saying that not only did she and her husband, Bill Sawyer sign it, but it appears to be pretty much -- about 99 percent of all the residents of -- Ms. Sawyer: All the residents. Chairman Teele: -- residents of Poinciana Village. There are one or two names here that didn't come out, so -- but we'll stipulate that everybody signed it. And we'll ask that the Clerk admit this and make this a part of the record. And we thank you, Ms. Sawyer, for taking the time to come down here. Ms. Sawyer: Thank you, dear. Chairman Teele: All right. Mr. Lopez: My name is Emilio Lopez, and I live in Kendall. Chairman Teele: Mr. Lopez, thank you for being so courteous to Ms. Sawyer. Mr. Lopez: OK. Thank you. I have worked in the Wynwood area for more than 35 years, and I just retired. So I just came on my own, you know. Nobody -- But I learned about this meeting about 3 o'clock this afternoon. And I applaud the people from Overtown for being here. And I can assure you that the people of Wynwood that are going to oppose this plan were not advised of this meeting, and they probably will. Now, there's a few things that I would like to bring to the attention of the Commissioners. One of the things that I -- through the years that I've been involved in and an activist in this community is that the fact that we were told that there will be no more homeless facilities in Wynwood or Overtown. You know, this been promised to us by the Trust, Homeless Trust and everybody in the community. One of the things that really bothers me is that there's a lot of planning going on. You know, we have the FEC (Florida East Cost) Corridor. We have the Empowerment Zone people, which I'm the Chairman, and I belong to the Board, and we have the Advisory Board that I also -- the Wynwood Advisory Board. And now, there is a new group they're getting together, Barbara Schuler, District 3, you know. And they're all in the planning process. And nobody has taken in consideration any of this planning. You know, what is going on in Wynwood? One of the things that is happening in Wynwood for the first time, is that the newspapers are catching up, and they're saying that it's getting better. And if you take this facility into the Wynwood area, the progress that is supposed to be happening is not going to happen. But to finish, the thing that I would like to say is I would like this Commission to have a meeting, open meeting in which this is advertised, and the people from Wynwood would be able to come and participate. Thank you very much for your attention. Stanley Krieger: Good afternoon. My name is Stanley Krieger. I live at 1717 North Bayshore Drive. That's the Grand. And I'm general counsel for the Braman Organization. And I reluctantly get up before Mr. Teele and the rest of you Commissioners to oppose the alternate site. You've heard from other speakers as to, you know, the fact that we were promised we wouldn't have any other homeless shelters put in our area, et cetera, et cetera. I think the important things are, number one, the site is not close to the hospitals or other facilities that the Camillus House needs as adjunct to its operations. This is within one block of an FPL (Florida Power and Light) new, huge generator site. It is also in an area that, with the help of this Commission, is being revitalized after 20 years or 25 years of difficulties. We have many plans for buildings. We want residents to come into the area. And it's also being put in adjacent to the FEC plan that the Commissioner Winton is working so hard on to help revive our neighborhood and the neighborhoods north to us. So we firmly believe in the work that the Camillus House does. We have, as you heard from other speakers, we have aided and supported the homeless shelter in our neighborhood. But we have 25 or so missions and other types of organizations in our neighborhoods now. I urge you to seek another site as an alternate site. Thank you very much. 175 4/25/02 Chairman Teele: Counsel, you are aware, as I said -- I don't know -- but the Camillus House has that site under their control. So we obviously have to consider their site to determine, and that's why this process here. We appreciate your being here. Mr. Krieger: We're aware of that. Thank you, sir. Chairman Teele: Thank you very much. Are there further persons in opposition, either side? If not, we're going to go -- Go right ahead, sir, please. Thank you. Gregory Davis: OK. Chairman Teele: Otherwise, why don't anyone that wants to speak in favor of the site begin to line up, no more than two or three people at a time on either side. That'll be fine, on either side. Go right ahead, sir. Mr. Davis: My name is Gregory Davis. I currently live at 201 Northwest 7`h Street. As one of my fellow residents said, we moved down here in the hopes of having something. OK? Basically, it's in the location of where I work. Like she said she can walk to her job, I can walk to my job. I moved from Broward for that reason. My question to everyone here: How do you plan on offsetting the depreciation of our homes by facilitating the homeless facility? That's all I have to say. Chairman Teele: Let me be clear. What's your address? Where do you live? Mr. Davis: 201 Northwest 7`h Street. Poinciana Village. Chairman Teele: All right. And I think that issue has come up, Ms. Lewis, about four times. And I think one of the instructions that the Board probably should give to you is no matter how matter how this comes out, to facilitate a meeting with your staff there, and to sit down and go over it, and let's look and see if there can be an economic plan for anyone who may feel that the economics are adverse. That seems to be the only localized opposition, other than to the Lyric. The Lyric Theater appears to have testified, and then there was the lady who testified directly across from the site. I assume that was in the apartments on 6`h Street. But we'll go through the record and see exactly. But clearly, the strength of Ms. Sawyer's statement and the resolutions that are signed by -- appears to be 100 percent, and the gentleman who just spoke, who came down from Broward. And we trying to get more people to come down from Broward and live. And we need that, so we need to address that issue, and I appreciate you being here. Yes, sir. Del Bryan: Thank you, Mr. Chairman, Members of the Board. I also moved from Broward, and the reason I came, much as my neighbors said -- 201 Northwest 7`h Street -- is simply to get away from the traveling. And we liked the plans. You know, you've heard all the reasons before. One thing seems very clear -- Del Bryan, 201 Northwest 7`h Street. There's going to be opposition almost anywhere you put it, and that's a fact, Commissioners. Your colleagues don't want it in their community. We don't particularly want it in our community, but it has to go someplace. I'd like to ask you to invite Camillus House people and your staff to meet with us. Maybe if we can find some consensus on some area that we can all live with, at least give it a shot, because this is not going to work. It's going to be a lot of contention, and wasting a lot of money, and lawyers. And then, of course, lawyers get in this, you know what happens after that. So, you know, maybe instead of just your staff doing all this work and telling us what you want to do, sit down with us. Let's see if we can find some reasonable grounds and someplace that would be less objectionable. Nowhere is going to be perfectly acceptable, but let's see if we can work together. We're not against the homeless. But for the grace of God, it could be any of us. But let us do so in the community fashion, rather than -- you are now becoming enemies of us, and we don't want that. Well, if you're going to force it on us, we're not going to like that, and we're going to fight you back. But let's sit down and see if we can find a way that we can live with it. And if it's such a good structure, as Jacqui said, then it should be welcomed somewhere. Thank you. 176 4/25/02 Chairman Teele: Mr. Vice Chairman, would you preside and allow me to make a motion? Vice Chairman Winton: Yes, sir, Mr. Chairman. Chairman Teele: Mr. Vice Chairman and Members of the Board, I would respectfully move that the Executive Director, along with special counsel and general counsel, and a request be made to the Camillus House staff to effectuate a meeting at the Poinciana Village site, with the arrangements being made in conjunction with the management company with us at the site, or someplace in close proximity, in immediate close proximity, for the purpose of responding to the recommendations that we've heard so eloquently stated, and the petitions that we've heard from, with a view toward having a common discussion toward ways that we can resolve the issues, particularly the ones that have been laid on the record relating to proximity and the economic impact, and any other compromised issues that could be so addressed. And further, that the Executive Director request of the City Manager, request of the City Manager that the appropriate City staff, including NET (Neighborhood Enhancement Team) be present to facilitate such a meeting. I would -- And that the meeting be held prior to -- within 45 days. I would so move. Board Member Sanchez: Second. Vice Chairman Winton: We have a motion and a second. Any further discussion? Being none, all in favor, "aye." The Board (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. Motion carries. The following motion was introduced by Chairman Teele, who moved for its adoption: MOTION NO. SEOPW/CRA 02-88 A MOTION DIRECTING THE EXECUTIVE DIRECTOR, GENERAL COUNSEL AND SPECIAL COUNSEL OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") TO ARRANGE A MEETING WITHIN THE NEXT 45 DAYS, AT THE POINCIANA VILLAGE SITE OR ITS CLOSE PROXIMITY, WITH THE POINCIANA VILLAGE MANAGEMENT AND CAMILLUS HOUSE STAFF TO ADDRESS CONCERNS RELATING TO ECONOMIC IMPACT OF BEING IN PROXIMITY OF A HOMELESS SHELTER; FURTHER DIRECTING THE EXECUTIVE DIRECT TO REQUEST OF THE CITY MANAGER THAT THE APPROPRIATE CITY STAFF, INCLUDING NET (NEIGHBORHOOD ENHANCEMENT TEAM), BE PRESENT TO FACILITATE SUCH A MEETING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton 177 4/25/02 Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None Chairman Teele: And please make sure that the notice is given to the full Commission and the residents within the immediate proximity by mail to -- that can be identified. Let the notice be posted in the Poinciana Village area. Individual letters to everybody. We've got a list of everybody that wrote, and we at least owe them the courtesy of a respond. All right. Yes, sir. If there are any other persons, come, because we're going to try to close the public hearing and move back to where we are. Please, sir, give your name and address for the record, and anything you'd like to say. Thank you for being here. Bobby Bradley: Thank you, Mr. Teele. My name is Bobby Bradley. I'm an addict. My address is 726 Northeast 1" Avenue, which I never had one before. And they gave -- they opened their doors for me and let me in. But what I've seen here today is a whole lot of love and care on both sides. And I used to go to one side, far as viewing other people's opinion. But to Camillus House, staff have opened my mind and allowed me to be open-minded, and to be considerate, and concerned and caring about other people's opinion, because, you know, they have a right to speak what they feel, too. And who am I to say that they can't speak what they feel? You know, I have a new look on life today, because of Camillus House. Talking about that person that sleep on the sidewalk, on the cardboard, I am him. And to see me now and then, you would see the difference. I have a way of living today by relying on this, this Camillus House. And they're opening doors for me in my mind, and also far as schooling, you know. And far as NA (Narcotics Anonymous) literature. It's a great help to me. And I like living life today. I like seeing life in another view. I didn't know that it was possible. And they've given me hope. They've been a mother and a father to me. Thank you for letting me speak. Chairman Teele: All right. Let's get on the -- Thank you very much. Yes, sir. Maurice White: My name is Maurice White. Right now, I'm currently a resident of Camillus House. And I'd like to say, I was listening to all the people, the opposing side talking about the homeless. But I came from a resident, which I was living there in Overtown and everything, too. That was really what tore Overtown down, you know, me, being as a resident. The homeless by -- from the homeless part, Camillus House gave me a place and a residence. And they -- by seeing the other peoples in there, it gave me some hope, let me know that I ain't got to be a part of that negative side, you know. And with that, Camillus House, I just thank them for just helping me out. But I was -- I did have a resident before I became homeless, you know. You keep talking about the homeless people. All the homeless people, you know, they had residents, too. And they came from mostly Overtown, too, all residents of Overtown, not the homeless of Overtown. You know, we need more -- I could say they do more rooms, so they could show more peoples that have lost their place that part of positive -- a part of "positiveness" in they life, you know, by showing more people having more hope, you know, showing other peoples that, you know, there is hope, you know. They did it for me. I'm sure they'll do it for other peoples, too. They do need more space. It's very small and tight there. Chairman Teele: Thank you very much, sir. Yes, sir. Cedric Wilson, Jr.: My name is Cedric Wilson, Jr. I am a client at Camillus House. I hear most of the people came up and spoke about how it be a eyesore, and how they don't want their community to come down. But if you look at it with a open mind, if people like myself do not have a place to live, do not get the help that I need, I will be a eyesore. Your community will comedown. I would not just be that person --because that person that's laying out on the sidewalk, I was that person, and I will bring your home value down. I think l can do it by myself. I was just that bad. And if we do not get places like Camillus House, if you do not look at the turnout, what they do to that guy that was laying on that sidewalk, not only your home, but y'all Commissioners home will come down in value, 178 4/25/02 as well, because if we don't get that help, if we don't get it -- It is not a eyesore. Look at our hospital, clinic that we have off of 1-95. You don't see people sitting out there. You don't see people laying on the sidewalk. You don't see that value, the property value coming down. It's a nice place. It's going to be a eyesore because we don't have nowhere to put the people. If we have somewhere to put the people that we can get help, as they did with myself, it'll be good. Then that value, your property value will come back out, because now, I'm able to go back out and get a job. I'm able to come back out and buy a house Overtown. If I don't have a place to stay or get that chance, trust me, I won't be buying a house. I'll probably be breaking into it. Thank you. Chairman Teele: Thank you very much. Yes, sir. Steven Dorber: Hi. My name is Steven Dorber, and I'm also a resident of Camillus House, and I'm also a drug addict. And -- Chairman Teele: In recovery. Mr. Dorber: In recovery. And I also thank the Camillus House very much. It sounded like from what I heard today -- and I appreciate everybody's concern -- is that we need a solution. And I really believe truly that Camillus House is a major solution to the problem we have in Miami. I also was at one time one of the people who residents of Overtown feared of homeless, of robbery, of breaking in and stealing. And I think with the idea of the Camillus House expanding and growing, it's a good opportunity to change the homeless in Miami, also scare away maybe some of the drug dealing, and drug smoking and drug things that are going on in Miami. It's definitely a solution. It's not a hurt, a harm. And it's a good idea for the Camillus House to do what they're doing. Thank you. Chairman Teele: Thank you very much, sir. Yes, sir. Dave Zuber: Hello. My name is Dave Zuber. I live at 726 Northeast IS` Avenue. Homelessness is a huge problem. I was thinking that perhaps if there were only two homeless guys, there would be a whole lot of doors open in a lot of people's houses to say, hey, you know, come on in. We got 1800 of them. Shame on us. That's really outrageous. I would like to say that Camillus House is much more than just a homeless shelter. It's a drug and alcohol program, as well, and several other programs. I'm a client in the drug and alcohol program, by the way, Camillus Life Center. I think that -- I have a couple thoughts here. I think that stipulating that three to six hundred beds be made available in order to get the money is unfortunate and should be looked at again. This place needs to be built, no matter what. Speaking as a client, I came in with a problem, drugs and alcohol, being symptoms of that. When I leave, I will be a well -adjusted, productive member of society. Speaking as a voter and a taxpayer sometimes, I feel that all monies -- that monies should be given freely, and enthusiastically to this project. I don't know -- I heard some stuff about a loan, five years to pay it back, whatever. I say just give them the money. And something about -- I heard something about -- oh, well, OK. Well, in regards to the opposition, some things I heard about not wanting it in their neighborhood, I would just like to mention that a majority of the people in the program are from Overtown. So, you know, think about that, please. Chairman Teele: Thank you very much. Yes, sir. Willie Jackson: Good afternoon. My name is Willie Jackson. I reside at 726 Northeast I` Avenue. I'm a client at Camillus House. I would like to say; first of all, Camillus House is doing some excellent work on my behalf. I'm a United States Marine -- ex -Marine. I served in the Vietnam era. I became homeless December of 2001, without any place to go. But Camillus House opened their doors to me. And they have broadened my perspective on life today. Through the work at the Camillus House, I now have obtained a Class ACL license. I am in the process of becoming a productive member of society. So I could clearly say that Camillus House is doing some excellent work. And you'd be very proud if you would take a closer look at what's actually taking place at Camillus House. Thank you very much. 179 4/25/02 Melvin Harrell: My name is Melvin Harrell, and I also reside at Camillus House. I heard someone refer to Camillus House as a jail. I am so proud to be in that jailhouse today. That is the best jailhouse you could have put me in. I consider myself a miracle, because if I had not had the chance to be in Camillus House, I would be that menace to society. Today, I'm on my way to regaining myself in society, regaining my self-respect, my dignity. I have self-worth today, and I owe that to Camillus House, to the program, to the counselors and to those who've helped me. Regardless of what people may think about homeless shelters, there are people out here that are in need. I'm so glad I had the opportunity and fortunate to be a part of Camillus House. Thank you very much. Rubin Edwards: My name is Rubin Edwards, and my former address is 726 Northeast 1S` Avenue. I'm now a homeowner at 1748 Northwest 68`h Terrace. First of all, I want to thank God for everyone that work at Camillus House. I graduated from that program. And through some leadership and guidance, I was able to get into a program called JDS. I now own a bachelor's degree, you know, and I'm a certified cook. I am now employed by Camillus House. I have my family back. You know, when I was breaking in your houses, and selling dope and using dope, nobody paid no attention to what was going on. Now that I'm clean and sober, I hear all of this bickering and badgering about, you know, whether or not a homeless program should be in this area. But think about the majority of us hung out in that area and lived in that area. The majority of the major drug players live in that area. So take a open mind, man, and look at what's happening. Thank you. Chairman Teele: Ladies and gentlemen, I would ask that you refrain from applauding. State your position. Go right ahead. William Touchstone: My name is William Touchstone. I live at 726 Northeast I" Avenue. I'm a resident of Camillus House. Just four short months ago, I came through the doors of Camillus House, weighing about 130 pounds, soaking wet, stinking, couldn't be trusted. And four months ago, God of my understanding allowed me to get on my knees, and he directed my path through the Camillus House. And that path is still being directed, instead of being directed through one of your houses. It's being directed through the Camillus House. I, too, am a veteran, where I got spit on and just looked down at when I came back home. But these people have allowed me to get a sense of dignity about myself today. I am a person with dignity and self-worth today, and I owe it all to the Camillus House. And there's not a person in here that couldn't go through them doors today and receive help, whether you got money or not. Each and every person in this house, in this home, in this place today can get help -- food, clothing, shelter. Right now, you could live there and get help. And you want to say that it's an eyesore? God help you. Thank you. Chairman Teele: Are there any other persons to come forth? If not, the public hearings are going to be closed on this item. Madam Director, we have your report before us. I wish we had gotten it two or three days earlier. It's got some beautiful pictures. There's a lot of work that's been done. We appreciate that. The recommendation, however, was given to us in a timely manner. Is there anything that you would like to amend in your report, based on the public hearing? Ms. Lewis: No, sir. Based on the criteria given that we still hold for that recommendation, sir. Chairman Teele: All right. Then the item, Madam Clerk, Mr. Attorney, I would assume that's before us now is Item Number 9. Did we vote on Item Number 8? We did not vote on Item Number 8? Priscilla A. Thompson (City Clerk): No, sir, you did not. Chairman Teele: Item Number 8 is the -- is the resolution of the Board approving the recommendation of the acting Executive Director of the primary site to be located within the redevelopment area, and the secondary site, which is located within the redevelopment area of the Omni, which is to be considered for exchange for the existing Camillus House site real estate, as contained in her letter dated Tuesday, April 16, 2002, or the alternate site of the Camillus House. This is to accept the recommendation. Is there a motion? 180 4/25/02 Vice Chairman Winton: I'm sorry. I was not sitting for the motion. Board Member Sanchez: We need a motion. Chairman Teele: Item Number 8. We're asking for a motion on Item Number 8. Board Member Sanchez: I'm willing to second it for the purpose of discussion. Vice Chairman Winton: Move it. Chairman Teele: Moved by Commissioner Winton and seconded by Commissioner Sanchez. Board Member Sanchez: Second for the purpose of discussion. Chairman Teele: Discussion on Item Number 8. Board Member Sanchez: Mr. Chairman, as you well are aware, two years ago when this effort went forth, I did not agree with you. I was in total disagreement with you on a couple of reasons. But as I look at the memorandum of understanding, taking a lot of things into perspective, let me just say that at least today, I'm very open-minded on the issue. I have to say that this is an issue that is not a sensitive issue. It's an issue that it's like an old roof, which if you don't fix it or pay attention to it, it's going to continue to cause more damage, and sooner or later, it's going to be more money. I realize that the CRA has to take that area and develop it, and bring more revenues towards the City. But I'll tell you this much: I don't think that I could sacrifice the well being of people, quality of life in the neighborhood for money. But the City, itself, finds itself in a situation where we're going to have to make a tough decision. And that decision with me is that I will look at -- I personally will go and see both sides. And once again, I'm glad that -- The report that you made is an excellent report. However, I would have had -- I would have felt more comfortable having it in ample time to look at it. But I will visit both sites. The impact to the neighborhoods, if you look at it, I could only look at it one way. No matter where you put it, you're going to have a negative impact. Doesn't really matter where you put it, it's going to have a negative -- or some type of impact. I'm going to look at the least impact that's possible to an area. Also, I want to make it very clear that it has to have compatible services. I want to look at and make sure that although -- It's not a sin to be homeless, you know. You may find yourself in a situation that you have to overcome. And then, you know, there's places, thank God, there's places to go and help yourself, and work your way up to society, and get on back home, and build your life. I mean, we have to realize, you've navigated those channeled waters that I have not. And I look at each and every one of you. I think you're very strong for coming here. And I'm glad to see you're doing much better. But if you look at the -- The issue here itself is that it has to be a compatible service. At the end, I will make my decision, but there's schools that, you know, we need to look at. There's going to be concerns in residential areas. We have to look at the least impact. I think that the CRA staff has done an excellent job to look at ways to move the Camillus House. I feel very comfortable with the memorandum of understanding this time. So I made the second. There was a motion, and I'm prepared to vote, Mr. Chairman, when you are ready. Chairman Teele: Thank you, Commissioner Sanchez. Commissioner Gonzalez. Board Member Gonzalez: Mr. Chairman, I cannot vote on any of these sites, because simply, what my community doesn't want, I don't want to impose in any other community. Unfortunately, as Commissioner Winton said, being a homeless is not a sin, but the perception that has been given in instances by the same press that instigates on different communities with their articles and their editorials are the ones that have given the community the perception that being homeless is a sin, that being homeless is the worst, the worst of the human beings. And that is the perception and why we're having so much problems on getting a site for this program. I know what Overtown has gone through, because Allapattah has gone through the same thing. OK? The Design District used to be one of 181 4/25/02 the most prosperous areas, commercial areas of the City of Miami. And it went down because nothing was done to preserve it. Allapattah was abandoned for many, many years. Throughout the private investment -- private investment, and not City contribution, Allapattah is coming out of the dark hole where it was for many years. Allapattah has paid its share by housing a number of organizations and institutions that includes Jackson Memorial Hospital, the VA Hospital, Miami -Dade Human Resource Detox Center, New Horizon Clinic, Juvenile Justice Court and Detention Center, Children's Home Society, Beacom Hall, Greater Miami Service Corps, Better Way, Forensic Unit for the Criminally Insane, Women's Detention Center, Dade County Jail -- the same place that many homeless are bring to from all over the County, with arrests for drinking in public, for drug consumption, for many of these problems. And they are released at that same Dade County Jail, and they are released into the streets of Allapattah, because Dade County Jail is in Allapattah. OK? The State Attorney's Office, another place where people go, and not only homeless. People that have problems with the law go to that place, and they go back to the streets of Allapattah. The Public Defender's Office, Jackson Towers. Public housing, we have plenty of them. We have Malcolm Ross, Sidney Horowitz Villas, Alexander Civic Tower, St. Augustine, Buena Vista, Gwen Cherry, Camillus House; SRO, Single Room Occupancy and the Solid Waste Department. On riding with the Police Department last week, I noticed the amount of problems that we have with criminal activities in the Allapattah area. Believe it or not, I ride with the City of Miami Police Department on Thursday on the area of West Miami, Flagami and Grapeland Height. The amount of calls were minimum. On Friday, I ride in Allapattah, and there was one call after the other call, one call after the other call. OK? So Allapattah has paid its share. And I'm not going to take more time, because I know it's late, and we have a big agenda to go through. But again, I cannot -- I sympathize with the cause. I know that something needs to be done, that we need to take care of this problem. But another problem that we have is the people from Miami Beach; the homeless that are picked up in Miami Beach are bring to the City of Miami. The ones that are picked up in the Gables are brought to the City of Miami. The ones that are picked up in Kendall are brought to the City of Miami. OK? The City of Miami has to be more aggressive on saying no, stop it, that's enough. OK? There was a gentleman here that spoke about one of the sites. He doesn't want that site, but he lives in Coral Gables. Why don't we move it to Coral Gables? Maybe we should try to place it in Coral Gables, you know? So he doesn't want it in Miami because he has his business there. I'm sure that he doesn't want it in the Gables, because he lives in the Gables. OK? And once again, it's a matter of perception. I know there is testimony of the work that this organization is going for humanity, and to rehab, and to bring these people back to society. And they are commendable. It's a commendable effort. OK? But the perception out there is very bad. We need to -- we need to change somehow -- The press should be the first to change the perception. OK? The same press that published this article. This article came out today. This editorial came out today. The Allapattah Chamber of Commerce received more than 75 calls today. The merchants are in an uproar. They're even talking into filing a class action suit -- OK? -- because of this article. That's not being responsible. And this is the same type of press that creates many of the problems that we have in the City of Miami today. Thank you. Chairman Teele: Thank you very much, Commissioner. Chairman Regalado. Board Member Regalado: I am ready to vote. I think that when we met in the Omni area hotel, one thing that was said that was among the options is that we did not want to take one of the options. And the option was -- Chairman Teele: Do nothing. Board Member Regalado: -- do nothing. And, you know, I am not running from any responsibility. I -- we have faced many difficult votes here. I was hurting when I had to vote many years ago -- for me are many years -- to raise taxes and fees to the people of Miami. We had phone calls at that time, and you guys are lucky that I was the only one that was here from -- you know, phone call in the morning from the Governor of the State of Florida, Lawton Chiles. Phone calls in the afternoon from the Lieutenant Governor of the State of Florida to tell us that we need to raise taxes and garbage fees and all that to the people of Miami. And we had to do that at that time. And we had to face criticism. At that time, we did it because it was the right -- not the right thing, but the only thing that we could do. So I am ready to vote, Mr. Chairman. I just want to say clearly that I believe that there are no Commissioners, no Commissioners in this dais that were sitting Commissioners when a decision was made to move 182 4/25/02 or to build the facility in Miami Avenue. I remember that, because I remember that as a resident, I went to the public hearing in the Knight Center, and none of all the five members here was a sitting Commissioner in the City of Miami when that decision was made. However, we have to live with what we inherit. So, Mr. Chairman, I'm ready to -- Board Member Sanchez: Mr. Chairman, if I may. I just want to say that it's too premature to pull the plug on this. I think that there's a lot of work that has gone into, a lot of studying and a lot of recommendations. And we have two options plus another site that's possible. So, you know, if the time comes that we have to vote on the issue and vote it down, then it'll come. But to vote it down now is too premature on this. It's something that we've worked very hard. Of course, I didn't support it at first, and now, I have -- I have an open mind. I don't want to not have an open mind on the issue now when there -- there's things that if it's done right, this is something that will be very good for the City of Miami in the future. That's all I have to say. Board Member Regalado: Mr. Chairman, I'm ready to move. Board Member Gonzalez: Mr. Chairman, before you move the motion I -- Chairman Teele: It's been moved and second -- excuse me. It's been moved and seconded. Commissioner Winton moved it. Commissioner Sanchez seconded it for purpose of discussion. Board Member Gonzalez: OK. Chairman Teele: We've heard from three Commissioners. We'll hear from the maker of the motion, but before we do, Commissioner Gonzalez. Board Member Gonzalez: Would you allow me, sir? I want to publicly tell you that I respect you a lot; that it has taken a lot of courage to do what you're doing, and what you are proposing, and I really respect you for that. You have all my respects. Chairman Teele: Thank you very much. Commissioner Winton. Vice Chairman Winton: This is actually a message to Camillus House. I think there is a critical piece of the whole puzzle that's missing, and that is the visual that every single person has about the new Camillus House is the old Camillus House. And the only thing you -- You know, you parade out that one little poster that shows some pretty building, but it has no perspective to it. And I think that money will be well spent if you created literally a virtual reality presentation that takes the outside of a site and the inside of the site, and walks people through what this new facility will do that's radically different than the current facility does, because what -- Dale, what got me, who was pretty much before an arch enemy of the Camillus House to be an ally of the Camillus House was your description of what the new Camillus House is going to do, and how it becomes, as these gentlemen have said, how it becomes a major significant contributor to getting those 1800 heads that I talked about, that were just counted in the City of Miami off the streets. And with the current facilities, you have the capacity to do a few. With a new facility, that capacity will be dramatic. And it's that dramatic capacity that I am fighting for. And this battle over the site thing, you know, it's not done, and there will be more discussion about that. But I think the critical point is getting the right presentation out to the public, so that they can see, and work on some numbers. Do some data. Data is, today, I can help get 42 people off the streets of Miami over the course of some period of time. With the new Camillus House, I will be able to treat "X" number of people that gets that number of people off the streets, and how that compares to the 1800 that we're looking at. Because the real issue here is, I wish we didn't have any homeless. We all wish we didn't have any homeless. But the fact of the matter is we do have 1800 homeless. And the lion's share of those homeless are within a circle of all of these sites we're talking about, and any alternative site that may be considered is going to be within that same circle, and it's where the homeless people are. And the reality is, Commissioner Gonzalez, that it's nice to talk about sending it to Coral Gables. It's nice to talk about sending it to 183 4/25/02 Dade County. And I'd be the first one to vote on sending it to any of those places. But it ain't going to happen. I'm dealing in real reality. And the real reality is, for all the reasons we all know, the homeless situation is in the City of Miami. And I think that we're taking more steps today than we've probably ever taken to try to get our hands around the issue of homelessness, and push as many buttons and start as many fights as we can start to keep the County from dumping on us. But it's going to be a long battle. Maybe it won't be a long battle. I hope it's a short battle. But homelessness isn't going to go away. And what we need to do is get another major part of the success working to help solve the homeless problem while we from this standpoint -- I can't treat the homeless. I can't counsel the homeless. I'm not qualified to do any of that. But I am qualified to go fight with the County and to fight with anybody else I have to fight about over County policies that make our homeless problem greater than it need be. And that, we've made a commitment to do. The Mayor has made a commitment to do that, and both he and I are working actively on that very issue. And I have been for months. And now, I have a great new ally in the Mayor who is here, and this is a major, major element for him, as well. And so I guess there was really two points to that. One is we have to always remember the reality factor. It ain't going to the County, and it ain't going to Coral Gables. The problem is in our community, and we've got to deal with it. And number two, I think that Camillus House has to do a hell of a lot better job in developing a presentation that makes the public understand what we're getting at the end of the day. And if we do all of those things, then at the end of the day, maybe we'll have a much better answer than we do today. Board Member Sanchez: Call the question. Chairman Teele: Thank you. If I may. If I may, let me thank everyone that has come to this public hearing. I understand that some persons have said they didn't get the word. This was the continuation of a hearing that was held a month ago -- I think the 23`d of March. Ms. Lewis: 25th of March. Chairman Teele: 25th of March. I saw notice in the Miami Times yesterday. I've seen notices in the Miami Herald, again reminding people, and there will be other notices. I think it's fair to say that the public has clearly demonstrated their interest in the issue, and I want to commend all of you, even the ones that talked much longer, and those who applauded inappropriately for coming out and being a part of democracy at work. And this is a much, much more orderly process than the previous three hearings that the City Commission has held, the hearings that have been held in these chambers. This hearing, however, is a CRA hearing. This is not the end of this process, nor is it the beginning. But I would submit to you that it's beginning of the end of this process. The CRA has committed today to take up another public hearing on this issue to confirm the Executive Director's recommendations, or alternatively, to hear from the Camillus House on one of these two sites or any other site, if they are not satisfied with the progress of the discussions, the environmental checks, the litigations that have to be eliminated or resolved, and there's any number of things. So this is all very transparent. That meeting has been called, I think, for 5 p.m. on -- ? Ms. Lewis: July 151n Chairman Teele: July 15th. So if anybody needs notice, you've got the notice. And if that date changes, the Commission or the CRA will publish that change, and that will be done in any event. Ms. Lewis: And there is usually a posting on our website, sir. Chairman Teele: And as well, there's a posting on the website. Now, the Camillus House is free to go this alone, or they are free to stay within this process. The alternate site is the Camillus House desired site at this time. The CRA Board will consider this recommendation again, as stated, on July 15th or at a date that will be published if it's not that date in this location. Once that is done, the Camillus House will be empowered to move forward. The process then eliminates the CRA completely, and there will be at least two more hearings. One hearing will be a 184 4/25/02 Community Development hearing under federal law that must be held to discuss any funds that will go forth. Second hearing will be held by the City Commission in the Planning and Zoning to consider the appropriateness of any location. And again, everybody who doesn't or does like the location will be afforded that opportunity to come forth. I think you can see there's two people that have clear anxiety about the site. There is a third person -- myself -- who wishes I could just sort of crawl in a hole and not have to vote on this. And if there was a way not to vote to put it in my district, I would join each of my colleagues in voting not to put it in their own district. I think we all need to be honest about that. I have no desire to put this site in my district, and I would hate to be the third vote on a citing decision that will come up in a land use decision. But let me say this: I am more convinced today than I have ever been that the management changes in the Camillus House are doing a great work. And I say that in the context of Nehemiah, who could not come down from the wall and listen to the persons that came by to sort of tell him to stop doing what you're doing, Dale, and -- because he said -- Nehemiah responded to the critics that I'm doing a great work, because any work that's done in His name is a great work. Now, I believe more today than I've ever believed that the Camillus House is doing a great work. I don't think there is anybody, even the people who came here to do as those who came to jeer Nehemiah and said to him that the wall that you're building is so weak and flabby, even a fox will be able to knock it down. I think even those believers today are going to leave here understanding that a great work is being done at the Camillus House. It's very clear that the drug addiction and alcohol addiction is a major focus. Nobody has ever told me that, but I can hear it in the voices and in the eyes of the people who spoke here. One of the things that moved me greatly is I received some letters from the veterans, Vietnam Veterans Association. You know, dear, fellow Vietnam colleague. It came from a woman from Philadelphia who heads up a homeless facility. And one of the things that she -- she had been a nurse in Vietnam. In her letter, her form letter, she appealed to me and all of those other probably eighteen, twenty-five, forty thousand people that she wrote to, that whatever you're doing in your persona life, take time to help veterans, especially Vietnam era veterans with their plight in the homelessness, because it is becoming a national disgrace that we have sent our young men off to battle, and yet, more and more of our Vietnam era soldiers -- there's a young Marine, and I -- where is he? The young Marine? Well, you know, everybody can't be Army. It's just too bad. Somebody's got to be a Marine -- that we're dealing with this kind of problem. So I have a very strong desire to help with this. The Camillus House -- and Commissioner Winton put his finger on it. And Madam Director, while you and your staff and your consultants, Mr. Judy, and Mr. Thong and ATC have done an excellent job, I think the most important issue has never been -- was not stated today. And that's unfortunate. Was that Summerville? Ms. Lewis: Yes, sir. Chairman Teele: The Summerville -- the word, "Summerville," has not been cited, not been said today. It was not spoken onto the record. Ms. Lewis: It's reference in the -- Chairman Teele: I understand it's referenced in here, but it was not cited. And it goes to the point Commissioner Winton made. There's something called Summerville that's right on 3 d Court and about 5`h Street. 400 3`d Court, someone is saying. I was somewhat in opposition to that being built there, but I listened to a former congressman who said, Art, why don't you let them do it and see what happens. I have been by Summerville probably 500 times in the last two years. I go by there late at night, early in the morning. I cannot find one single code or physical distraction or degradation. In fact, Summerville looks like a Marriott courtyard and it is a tremendous asset to the community. And what Dale Simpson and what the Chairman of the Board have assured me is whatever is done with the Camillus House will be of that quality. It will be architecturally significant, and it will have of the services provided within a courtyard, so that no one will be able to drive by and see any aspect or have any comments on the degradation of the community. And Dale, and to the Camillus House staff, I'm holding you to that, because I would defy and I would urge everybody who came here tonight to testify against it to continue to hold to your views, but go by Summerville. Just go by there, without an announcement. Drive by in the morning, early, or late in the afternoon, during the day. And if you see one piece of paper, one derelict person hanging around, let me know, because I'm telling you, I have been by and been by, and it is well managed. So the question that one brilliant 185 4/25/02 young lady said, if it's such a good idea, why don't you just do it right there? Well, the fact of the matter is given the properties of -- given the laws of physics and property, it's almost impossible to rebuild the Camillus House where it's currently located and maintain the services, and maintain any services. And if we had a magic wand and we could move everybody up a couple of floors, and bulldoze that and do it, that would be the perfect solution, I agree. But it can't be done that way. And so what we're looking for is a solution where we can sort of start over and do this right. One of the things that we've talked about all day is it must be done, if the decision is made and if all of the powers that be that have to approve it, including our Mayor, move forward with this, it must be done on an expeditious basis. And let me tell you why that's important. My staff, the CRA staff estimates that the Camillus House has reduced the property values within the entire surrounding five or six -block area by a total of probably about six hundred thousand to a million dollars a year in property taxes. That is, if the Camillus House is miraculously weren't there, the property taxes in the area would go up to the point that there would be about a net of four to six to seven to a million dollars. I don't know what that number is. One of the resolutions we passed is we asked the County -- the City to do an independent study through its Real Estate and Economic Development of the lost opportunities and the economic impact of the removal. Let me tell you why that's important. Four years ago, when us, when all of us or those that are here that were here four years ago took over the management of the Board of the CRA, we were collecting one hundred and forty thousand dollars, total from our Tax Increment District. In other words, when this district was created in 1983, the only amount of money that comes to the CRA for operations is the amount over the taxes that were collected in 1983. That's called the tax increment. Four years later -- now, that was four years later, between 1998, January of 1998 and January 2002, that number has gone to an astronomical number. It is literally almost impossible what has happened. It's gone from one hundred and forty- eight thousand dollars to one point one million dollars in four years. A lot of it has to do with a lot of aggressive things. A lot of it has to do with timing. Some of it has to do with the American Airlines Arena. A lot of it has to do with the club districts. Some of it has to do with the NAP (Network Area Point). A lot of it has to do with the fact that the City is doing a much better job of code enforcement and net improvements. But the fact of the matter is from 1983 to 1997, which is approximately -- what? -- 14 years, 15 years, we have collected a net of one hundred and eighty-three thousand dollars a year -- one hundred and forty-seven thousand dollars a year. In just four years from that, we're collecting one point one million dollars. Folks, let me tell you what's going to happen. If the Camillus House leaves, the CRA will have at its disposal on a reoccurring annual basis whatever the value goes up, the net value that goes up. And we estimate that will be at least a half a million dollars, probably closer to a million dollars, after one year. What does that mean to Overtown? It means one thing. Eighty percent of the total budget of the CRA, nothing to some -- (INAUDIBLE) Chairman Teele: Are you through, Ms. Colyer? Ms. Colyer: I'm through. But I want you to know it is nothing (inaudible) Chairman Teele: Eighty percent of the budget of the CRA, Southeast Overtown/Park West, to date has gone into Overtown, of our tax increment dollars. 80 percent. And while I agree with those who say very little has happened and perhaps nothing, a large part of the fact -- You may recall my debate with the previous Manager -- was because the tax increment dollars, like from the parking lot, were being diverted and sent into other areas like the Gusman, et cetera. And so Ms. Colyer has a very valid point. A lot of things have happened in the past. The money has gone south, gone north. It hasn't gone west. But I can tell you one thing. Under this Chairman, our budget is open. 80 percent of the money that we're collecting on the other side of the track is going to the west side of the track. And with this proposal, there will be at least a half a million dollars a year in reoccurring money, and will increase that will be available to continue to do the kinds of things that we're doing. Today, we just voted to send some 600 children from Overtown to go to Florida Memorial, so that they could experience Real Men Cook. You know where that money is going to come from? It's going to come from the Tax Increment District account that we can use for the benefit of the residents and the people that live within the redevelopment area. We believe giving our youth an opportunity is important. And so we are open to refining and listening to the public and listening to 186 4/25/02 persons who have views on how we can best spend the money. The fact of the matter is, if the Camillus House is relocated, we believe that there will be a tremendous opportunity to put more money into Overtown and to escalate the redevelopment. And for that reason, I'm going to support this at this point in time, but recognizing that if the program, as Commissioner Sanchez has talked about, if the programs are not satisfactory, if the right mix isn't put together, this program is going to have some serious opposition. Madam Clerk, call the roll. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-89 OMNI/CRA 02-31 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA"), APPROVING THE RECOMMENDATION OF THE ACTING EXECUTIVE DIRECTOR OF THE PRIMARY SITE LOCATED WITHIN THE REDEVELOPMENT AREA AND THE SECONDARY SITE LOCATED WITHIN THE REDEVELOPMENT AREA OF THE OMNI CRA AREA, TO BE CONSIDERED FOR EXCHANGE WITH CHARITY UNLIMITED OF FLORIDA, INC., FOR THE EXISTING CAMILLUS HOUSE REAL PROPERTY, CONTAINED IN HER LETTER DATED TUESDAY, APRIL 16, 2002, OR ANY ALTERNATIVE SITE OF THE CAMILLUS HOUSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: Board Member Angel Gonzalez ABSENT: None 187 4/25/02 57. SPECIAL CRA MEETING -- AGENDA ITEM 2 -- RESOLUTION ACKNOWLEDGING THE ORIGINAL LETTER OF INTENT (LOI) ENTERED INTO BY AND BETWEEN CHARITY UNLIMITED AND THE CRA DATED JUNE 7, 2000, AND AUTHORIZING HOLLAND & KNIGHT LLP AS SPECIAL COUNSEL TO THE CRA TO PREPARE MEMORANDUM OF UNDERSTANDING (MOU). Chairman Teele: On Item Number 2, Item 2 is the total resolution which basically directs the City Attorney -- I mean the general counsel, the City Attorney and special counsel and the Executive Director on what the memorandum of understanding will include. We went through the Items "A" through -- Annette Lewis (Acting Executive Director, CRA): 2. Chairman Teele: No, no. Item 2, we didn't do. We did 2A, but we never did 2, which is the wrap-up of everything that's in there. We still have to do 9. Board Member Regalado: Move it. Board Member Sanchez: Second. Chairman Teele: Motion on Item Number 2, which is a memorandum of understanding as printed. It's moved by Commissioner Regalado. Board Member Sanchez: Second. Chairman Teele: Seconded by Commissioner Sanchez. All those in favor, signify by the sign of "aye." The Board (Collectively): Aye. The following resolution was introduced by Board Member Regalado, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-90 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENTS, ACKNOWLEDGING THE ORIGINAL LETTER OF INTENT (LOI) ENTERED INTO BY AND BETWEEN CHARITY UNLIMITED AND THE CRA DATED JUNE 7, 2000, AND AUTHORIZING HOLLAND & KNIGHT LLP, AS SPECIAL COUNSEL TO THE CRA, TO PREPARE A MEMORANDUM OF UNDERSTANDING (MOU) IN A MANNER CONSISTENT WITH THE FOLLOWING RESOLUTIONS TO BE CONSIDERED AND APPROVED BY THE BOARD OF DIRECTORS OF THE CRA PURSUANT TO THIS SPECIAL MEETING; FURTHER REQUESTING THE CRA GENERAL COUNSEL TO PROVIDE ADVICE ON SAID MOU. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 188 4/25/02 Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: None 189 4/25/02 58. CRA SPECIAL MEETING -- AGENDA ITEM 9 -- RESOLUTION DESIGNATING REAL PROPERTY LOCATED AT 160 N.W. 7TH STREET AS THE PRIMARY SITE AND THE REAL PROPERTY LOCATED AT 1900 N.E. MIAMI COURT IN THE OMNI CRA REDEVELOPMENT AREA AS THE SECONDARY SITE OF THE CRA; FURTHER DIRECTING THE ACTING EXECUTIVE DIRECTOR TO PERFORM DUE DILIGENCE WITH RESPECT TO PRIMARY AND SECONDARY SITE AND EXISTING CHARITY UNLIMITED LAND PARCEL WHICH SHALL INCLUDE, WITHOUT LIMITATION, APPRAISALS, ENVIRONMENTAL AUDITS, TITLE SEARCHES AND EXAMINATION, SOIL TESTS, SURVEYING, LEGAL SERVICES AND SUCH OTHER TESTS OR STUDIES THAT THE ACTING EXECUTIVE DIRECTOR MAY DEEM APPROPRIATE AT A COST NOT TO EXCEED $50,000, SUBJECT TO AVAILABILITY OF FUNDS; FURTHER AUTHORIZING THE ACTING EXECUTIVE DIRECTOR TO EXECUTE ALL NECESSARY LEGAL INSTRUMENTS FOR EXCHANGE OF LAND TO CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) IN AN AMOUNT NOT TO EXCEED $50,000, SUBJECT TO AVAILABILITY OF FUNDS, FOR LEGAL EXPENSES RELATED TO EXCHANGE OF SAID SITES. Chairman Teele: And the final item is Item Number 9, which is a resolution designating the real property located as contained in Primary Recommendation 1 and alternate location on 1900 Northeast 2"d Court, with the folio number written, which is also within the Omni Redevelopment District as the secondary site, and further directing the Executive Director to perform due diligence with respect to the primary and secondary site, and the existing Charity Unlimited land parcel, including, without limitation, appraisals, environmental audits, title search examinations, soil testing, survey, legal services, such other services that the acting Director may deem appropriate at a cost not to exceed -- what amount, Madam Director? Annette Lewis (Acting Executive Director, CRA): Sir, we had some difficulty estimating this, especially the levels of the environmentals and other -- Chairman Teele: Madam Director, we need a number for this resolution. Is fifty thousand dollars ($50,000) sufficient to begin? If you need more, you'll come back? Ms. Lewis: Yes, sir. Chairman Teele: Fifty thousand dollars. And further, authorizing the Executive Director to executive all necessary documents for the exchange of land, in the amount not to exceed -- Ms. Lewis: The appraisal came in for two point two million. Chairman Teele: We're talking about legal expenses, ma'am. Ms. Lewis: Oh, I'm sorry. Chairman Teele: We're talking about legal expenses. Mr. Bloom, How much money for legal expenses? Vice Chairman Winton: Well, it depends on who does it. Board Member Sanchez: It depends who you're asking. Vice Chairman Winton: If Mr. Bloom does it, it's going to be real expensive. Board Member Sanchez: Yeah. You're asking the Attorney. 190 4/25/02 Chairman Teele: Let's agree on fifty thousand dollars. If there's a requirement to come back, let's come back. Not to exceed fifty thousand dollars for legal expenses related to the exchange. And Mr. Bloom, we're asking you -- We're taking note of the fact that you're an extremely competent lawyer, you're very good, you do a lot of intricate -- But we're just a Redevelopment Agency. So do what you can. Keep it down. Is there a motion on the fifty thousand? Board Member Sanchez: So move. Chairman Teele: Moved by Commissioner Sanchez. Board Member Regalado: Second. Chairman Teele: Second. Is there objection? Madam Clerk, call the roll. The following resolution was introduced by Board Member Sanchez, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-91 OMNI/CRA 02-32 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA"), DESIGNATING THE REAL PROPERTY LOCATED AT 160 N.W. 7TH STREET (FOLIO NUMBER: 01-0105-060-1010) AS THE PRIMARY SITE AND THE REAL PROPERTY LOCATED AT 1900 N.E. MIAMI COURT (FOLIO NUMBER: 01-3136-002-0340) IN THE OMNI CRA REDEVELOPMENT AREA, AS THE SECONDARY SITE OF THE CRA; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO PERFORM DUE DILIGENCE WITH RESPECT TO THE PRIMARY SITE, THE SECONDARY SITE AND THE EXISTING CHARITY UNLIMITED LAND PARCEL WHICH SHALL INCLUDE, WITHOUT LIMITATION, APPRAISALS, ENVIRONMENTAL AUDITS, TITLE SEARCHES AND EXAMINATION, SOIL TESTS, SURVEYING, LEGAL SERVICES AND SUCH OTHER TESTS OR STUDIES THAT THE ACTING EXECUTIVE DIRECTOR MAY DEEM APPROPRIATE AT A COST NOT TO EXCEED $50,000, SUBJECT TO THE AVAILABILITY OF FUNDS FROM ACCOUNT NUMBER 689001.550108.6; FURTHER, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL NECESSARY LEGAL INSTRUMENTS FOR THE EXCHANGE OF LAND TO CHARITY UNLIMITED OF FLORIDA, INC. (CAMILLUS HOUSE) AND IN AN AMOUNT NOT TO EXCEED $50,000, SUBJECT TO THE AVAILABILITY OF FUNDS FROM ACCOUNT NUMBER 689001.550108.6, FOR LEGAL EXPENSES RELATED TO THE EXCHANGE OF SAID SITES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 191 4/25/02 Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: Board Member Angel Gonzalez ABSENT: None Chairman Teele: Madam Director, are there any other matters to come before the CRA special hearing on this item? Ms. Lewis: Not at this time, sir. Chairman Teele: Mr. Attorney, are there any other items to come before the CRA special hearing? William Bloom (Legal Counsel, CRA): Which was Item 2 -D -2-F. Item 2-B-2? Priscilla A. Thompson (City Clerk): All of them did, yes, sir. Chairman Teele: Are you talking about the regular agenda, or are you talking about the special hearing? Board Member Regalado: The only one that didn't was voted on was "M," because they couldn't find it. Chairman Teele: We voted on "M." We came back on that. You weren't here. Ms. Lewis: That is correct, sir. Board Member Regalado: Oh, OK. Vice Chairman Winton: Yeah, we did "M." And we voted on 2-D. I don't know about 2-B-2. What's 2-B-2? Mr. Bloom: That was in the regular agenda. Excuse me. We've passed everything -- Chairman Teele: All items have been considered. Unless there are any other matters to come before the CRA special hearing, public hearing, the meeting stands adjourned. Thank you all very much. THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI ADJOURNED THE SPECIAL HEARING AT 8:15 P.M., AND RESUMED CONSIDERATION OF REGULAR AGENDA ITEMS. Commissioner Teele: Mr. Chairman, I would recommend that we take a five-minute break. Chairman Regalado: We will do so. We will come back with the regular Commission meeting -- well, let's say 8:30. We'll come back at 8:30 with the PZ (Planning and Zoning) items, and then we'll do the rest of the agenda. 192 4/25/02 THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 8:15 P.M. AND RECONVENED AT 8:43 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING COMMISSIONER TEELE, FOUND TO BE PRESENT. 193 4/25/02 59. APPROVE MAJOR USE SPECIAL PERMIT FOR WATSON ISLAND AVIATION AND VISITORS CENTER PROJECT TO ALLOW CONSTRUCTION OF AVIATION CENTER (MUNICIPAL AIRPORT) TO SERVICE SEAPLANE COMMUTER SERVICE AND HELICOPTERS, IN CONJUNCTION WITH VISITORS CENTER (Applicant(s): Department of Real Estate and Economic Development). Chairman Regalado: Regular agenda. Yes, sir. We are going to do the PZ (Planning and Zoning) items. PZ -1. This is a public hearing. A Major Use Special Permit for the Watson Island Aviation and Visitors Center Project. We have -- before we begin, we need to swear, Madam City Clerk, people that are going to be -- all of the people that will be speaking on PZ items, please. AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Chairman Regalado: Thank you. Thank you. PZ -1. Go ahead. Lourdes Slazyk (Assistant Director, Planning & Zoning): Thank you. For the record, Lourdes Slazyk, Department of Planning and Zoning. PZ -1 is a Major Use Special Permit for the Watson Island Aviation and Visitors Center, located on Watson Island. The Planning and Zoning Department is recommending approval, with conditions. The building on this project is going to be approximately 42,183 square feet. It does have variances and a Waterfront Charter modification, which we have recommended approval of, finding that the hardship and criteria for the Waterfront Charter modification were met. More specifically, because this includes a seaplane base, the Waterfront Charter modification here -- the planes have to actually have to actually come off the water onto the aviation facility, and it's not possible to be 50 feet back. The only additional condition, other than standard conditions that we attach to a Major Use Special Permit here, are the landscape requirements, and this is because this project is located right by the new Children's Museum that's coming into this area, and the linkage issues with the landscape is the only thing that the Planning and Zoning Department would like to make sure that we look at before they actually get into building permit, to make sure it's a consistent landscape treatment. Otherwise, it was recommended for approval by the Planning Advisory Board, Zoning Board, and we recommend approval. Chairman Regalado: Thank you. Sir. Martin Tritt: My name is Martin Tritt, 5261 Lagorce Drive, Miami Beach. I have been operating the fuel facility bait shop on Watson Island for 24 years. I've paid you approximately six hundred thousand dollars in rent, plus all of the other things, taxes, sales tax. It's untenable to me -- a week ago today I received a notice that I'm evicted as of May the 31 st, after 24 years in business. I'm born in Miami native. Born at Victoria Hospital in 1933. I spent 22 of my years working in the Langford Building as a dental technician, and the last 24 years running this bait shop. I don't know how you people can consider getting rid of the fuel on Watson Island, number one. I'm the only place in the area that's open until 10 o'clock every night, midnight on Friday and Saturday. I'm the trend setter for low prices on the waterway. The other people call me up. Their prices are about 10 cents higher. And you will see prices go up at least 20 percent after I'm gone. I don't think the situation is fair. When this building was first discussed, I was sitting next to Merritt Steirheim and I told him, this is what your building should like for the Aviation Center. You should have (COMMENTS OFF THE RECORD) Joel Maxwell (Deputy City Attorney): Excuse me, sir. You have to speak on the microphone. Chairman Regalado: Go ahead. Go ahead. Sir, sir, sir. Why don't you use that, if you're going to make a presentation to the Commission. 194 April 25, 2002 Mr. Tritt: OK. I told him that you could have a circular building with an informational sign on the top, that you could get a great deal of advertising money out of. There are people, probably millions a year, that come in on the cruise ships and are held virtual captive over there without being enticed into Miami. This whole facility could be moved a hundred feet to the east, and you would still have fuel. How can you have two facilities like an Outboard Club and the Yacht Club and have no fuel for them? Certainly, this could be put off, at the very least, because the building doesn't actually go onto my land. I'm just the front lawn, so, I would appreciate your considering my plight after 24 years, and all of these years, not one person from the City has ever come over to my place and said, how you're doing? What could we do for you? All that they have done is destroy my signs and do various other things to -- that are irritating. Thank you. Commissioner Sanchez: Sir -- Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: Sir, did you pay rent there? Mr. Tritt: Yes, sir, I did. I paid almost six hundred thousand in the 24 years, and I'm continuing to pay rent. Not only that, but 15 years ago, the City closed down the restrooms and I have been the only one to provide paper and soap and towels for the people that need to go to the bathroom, that don't want to use out houses, and the paper that I gave all of you all explaining that since our name is Watson Island, we get every request for any kind of information, the helicopters, all of those things. Through the years, I have volunteered to take care of the slips and be the City's interim person for the slips, but they were very much afraid -- Commissioner Sanchez: Occupational License, Certificate of Use, you have all those? Mr. Tritt: All of those things, including restaurant license. When I first got -- went into business, I paid about -- Commissioner Sanchez: Do you have a lease with the City to be here? Mr. Tritt: I have a month-to-month agreement. Commissioner Sanchez: Well, that should tell you, month-to-month. Mr. Tritt: Well -- but the thing is, this is not smart for the City. And this is going to work out to be a ridiculous thing. Coast Guard gets fuel from me when they don't have their own fuel. Immigrations, all of the law enforcement agencies in this area depend on me. The only other place where they could get it is out of Hallover, and you can really run out of gas by the time you go to Hallover. Commissioner Sanchez: Thank you, sir. I would like to hear from the City on this. Laura Billberry: Lori Billberry, Director of Asset Management. There are other fuel facilities in the area. There's Sea Line over at the Marriott, as well as the Miami Beach Marina are two other facilities in the area. This facility is in the area where the Aviation Center is going, and in order to try and break ground by November, it's necessary that we start the process of preparing the site for breaking ground. Chairman Regalado: Anybody else to speak on this item? 195 April 25, 2002 Mr. Tritt: I'd just like to point out that the building does not come over my property. It shows my property as a grassy area. Commissioner Sanchez: OK. Mr. Tritt: It seems silly for you to give up forty thousand dollars worth of rent, while they're building all these projects. Commissioner Sanchez: OK. Chairman Regalado: OK. We are -- anybody else? We're going to close the public hearing. Anybody else from the public? The public hearing is closed. Do we have a motion? Commissioner Sanchez: So moved, Mr. Chairman. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-480 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE WATSON ISLAND AVIATION AND VISITORS CENTER PROJECT, TO BE LOCATED ON A 5.6 ACRE PARCEL ON THE SOUTH SIDE OF WATSON ISLAND, MIAMI, FLORIDA; TO BE COMPRISED OF AN AVIATION CENTER (MUNICIPAL AIRPORT) TO SERVICE A SEA PLAIN COMMUTER SERVICE AND HELICOPTERS, IN CONJUNCTION WITH A VISITORS CENTER; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 196 April 25, 2002 Chairman Regalado: It passes. 197 April 25, 2002 60. GRANT APPEAL OF ZONING BOARD DECISION, WHICH DENIED VARIANCE FROM ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW REAR YARD SETBACK FOR PRINCIPAL STRUCTURE OF 4.75', REAR YARD SETBACK FOR ACCESSORY STRUCTURE OF 60" AND SIDE YARD SETBACK FOR ACCESSORY STRUCTURE OF 3'0" FOR AT 51 SW 52ND COURT (Applicant(s): Jose Escalona) Chairman Regalado: PZ -2 has been deferred, withdrawn. PZ -3, appeal of a Zoning Board decision, 51 Southwest 52nd Court. That is in District 4. Mr. Vice Chair, could you chair so I can -- Vice Chairman Winton: I'm sorry. Are we on PZ -3 or PZ -4, did you say? Chairman Regalado: Three. Vice Chairman Winton: OK. Chairman Regalado: PZ -2 was deferred. We are on PZ -3. Vice Chairman Winton: So. This is -- and we've sworn everybody in, so we've done all that. So, I guess all yours, Lourdes. Lourdes Slazyk (Assistant Director, Planning & Zoning): Thank you. Yes. PZ -3 is an appeal of a variance that was denied by the Zoning Board, recommended for denial by Planning and Zoning Department. This is an after -the -fact variance to allow a rear yard setback of 4.75 feet, where 20 feet required, and a rear yard setback for an accessory structure, six feet, where 10 was required. The applicant, after this application had been filed, has since removed a portion of that accessory structure, which eliminates the need for the third variance request. However, the other variance request still applied. The Department is recommending denial, finding that there is no hardship, and we would, I guess, recommend denial of the appeal. Chairman Regalado: Did the applicant comply with some of the requirements? Ms. Slazyk: Well, they had been cited for illegal units, and my understanding is that they're no longer illegal units, but the illegal structure is still there. They -- Chairman Regalado: You say that they're no longer illegal units? Ms. Slazyk: My understanding is that they have complied with that. That's what I was told, and they demolished a portion of the -- Chairman Regalado: Excuse me. You were told? Ms. Slazyk: From NET (Neighborhood Enhancement Team), yes. So, I -- they're in compliance. Chairman Regalado: You believe that that is the case? Ms. Slazyk: Yes. Chairman Regalado: Or you don't believe NET? 198 April 25, 2002 Ms. Slazyk: I believe, yes. Chairman Regalado: You said that your understanding. Are you sure -- -- Ms. Slazyk: I didn't go to the property myself, but I've been told that they're in compliance with the illegal unit, but they're still illegal structures. Milagros Loyal: The administrator -- Vice Chairman Winton: Hold on. Excuse me. Yes, Commissioner Regalado. Ms. Slazyk: The reason they're here tonight for the variance is for the illegal structures, the encroachments into the setback. Chairman Regalado: But you say that they have remedied the illegal units. Ms. Slazyk: Yes. Chairman Regalado: OK. That's all I want to know. Vice Chairman Winton: Well, she said -- I think we need to make sure we understand what she's really saying, because she said before it is her understanding that they've remedied the illegal units because she's talked on that. Chairman Regalado: That's why I am saying -- Vice Chairman Winton: So, there's a difference between that -- excuse me. There's a difference between that and yes. So -- Chairman Regalado: I am asking how would she come before us saying that she thinks that maybe -- I'm asking yes or no. Did they remedy the illegal units? Ms. Slazyk: It was reported to me that, yes. I didn't go personally to the site. Chairman Regalado: So, you will not put your credibility on the line for something that another City official will tell you? Ms. Slazyk: True. I have to -- I didn't go see it myself. I can't testify to that. Chairman Regalado: So, you don't believe NET. Ms. Slazyk: No, I didn't say that. Vice Chairman Winton: She didn't say that. So, you know, let's -- Chairman Regalado: She did say that. Vice Chairman Winton: No, she didn't say she didn't believe NET. Ms. Slazyk: No, I didn't. 199 April 25, 2002 Chairman Regalado: She said that she will not put her credibility on the line for information given by other City official. Ms. Slazyk: I don't have firsthand knowledge because I did not go to the site myself, but the reason they're before you tonight is on the variance, and that's -- I can testify they don't have hardship. Chairman Regalado: But for me, as the Commissioner for the area, it's important to know if you would tell me that yes or no -- Vice Chairman Winton: She cannot tell you the answer. She's already answered the question. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Winton: So, she's answered the question to the best of her knowledge, so, you've got to ask something else. I mean, that question has been answered. Chairman Regalado: I don't have anything else to ask. Ms. Loyal: Can I say something? Vice Chairman Winton: Yes, sir. Chairman Regalado: I'm ready to move -- Vice Chairman Winton: No, you may not. Commissioner Gonzalez: I have a motion. Vice Chairman Winton: Yes, sir. Commissioner Gonzalez: Lourdes, excuse me. Do you usually go and inspect the properties yourself or - Ms. Slazyk: No, I do not. Commissioner Gonzalez: You don't. So, usually, what you do is, you get the information from the inspectors or the NET administrators? Ms. Slazyk: Yes. Commissioner Gonzalez: And they told you they had already complied with the illegal units? Ms. Slazyk: Yes. Vice Chairman Winton: OK. So it is a public hearing. We'll hear from the public now. Ms. Loyal: I just want to ask you -- OK. Vice Chairman Winton: We need your name and address on the record. 200 April 25, 2002 Ms. Loyal: Milagros Loyal, 40 Northwest 51 st Avenue. The last Zoning Board that we were here, Mr. Callava, Fausto Callava, which is the administrator for Flagami NET was here, and he was at the property and he check everything and he told that everything -- the illegal unit was already complied with. Vice Chairman Winton: I think we need to put on the record -- Mr. Attorney, do we need anything additional on the record here? Mr. Maxwell: Did she identify -- did you identify yourself? Are you the property owner? Ms. Loyal: No. He's the property owner, but I'm his friend and I'm the one who is doing everything for him, the paperwork, and I was -- I was there with Mr. Callava and he check everything and then, in front of the Zoning Board, he testified and he says that illegal unit was already complied with. Mr. Maxwell: Well, Ms. Loyal, we need the property owner -- Commissioner Sanchez: Could you put his name on the record? Mr. Maxwell: -- to provide that information. Commissioner Sanchez: Could you have him put his name and address on the record, please. Jose Escalona: Jose Escalona, 51 Southwest 52 Court. Commissioner Sanchez: OK. Vice Chairman Winton: OK. Now, do we have other testimony? Mr. Escalona (Interpreted by Juan Mourin): Jose Escalona, 51 Southwest 52nd Court. Chairman Regalado: Mr. Chairman, I'm ready to make a motion. Vice Chairman Winton: Well, I think -- don't we -- I think we have to hear the public. Don't -- we do or not? Mr. Maxwell: Yeah, that's correct, sir. Chairman Regalado: OK. Vice Chairman Winton: So -- Mr. Mariano Cruz: Listen, if we have the -- Vice Chairman Winton: I don't -- you'll need to state your name and address on the record, if you're going to speak. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. Friends are friends. I don't have to make a speech. Commissioner Sanchez: You're not a registered lobbyist. Put that on the record, sir. Vice Chairman Winton: OK. So, do we have -- 201 April 25, 2002 Chairman Regalado: Pro bono. Vice Chairman Winton: Do we have any other testimony from the -- Unidentified Speaker: No. Vice Chairman Winton: OK. Being none, we'll -- Mr. Escalona (Interpreted by Juan Mourin): Nothing else. Vice Chairman Winton: Is there anyone else from the public who would like to testify on PZ -3? Being none, we'll close the public hearing. Mr. Chairman. Chairman Regalado: Thank you very much, Mr. Chairman. I move to accept the appeal to the Zoning Board decision on this matter. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second to accept the appeal. I'm curious as to why you're accepting this appeal. Chairman Regalado: Because I have been informed by the NET Office that every instance of illegal units there were removed. Now, what I am told -- because I wasn't informed by the administration, by the NET administrator -- is that there is sort of a -- some kind of construction, not for living or storage, that is close to the fence of the property. There is no living quarters there, according to the NET Office, and everything that was illegal was demolished. Now, this person has gone through a process of demolishing several structures, and this is why I am accepting his appeal. Vice Chairman Winton: Do you know if -- on the illegal units, in order to have an illegal unit, you have the accessories, a kitchen and a bathroom and all that kind of stuff? Chairman Regalado: It's done. According to the NET Office, that is done. Vice Chairman Winton: Those are the things that they took out, so it couldn't be easily converted back to an illegal unit. Chairman Regalado: And that is my problem, when there is an illegal unit. That is my problem. Vice Chairman Winton: I understand. OK. So, we have -- let's see. We have a motion and a second. Do we have further discussion? Being none -- Mr. Maxwell: Just before you vote, Mr. Chair, this would be granting the appeal and reversing the decision of the Zoning Board. Mr. Regalado? Chairman Regalado: Right, to accept the appeal. To accept the appeal. Commissioner Sanchez: Call the question. Vice Chairman Winton: Call the roll. 202 April 25, 2002 The following resolution was introduced by Chairman Regalado, who moved its adoption: RESOLUTION NO. 02-481 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), GRANTING THE APPEAL, AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A REAR YARD SETBACK FOR PRINCIPAL STRUCTURE OF 4.75 (20' 0" REQUIRED, A REAR YARD SETBACK FOR TAX SEX RESTRUCTURE OF 6' 0"(10' 0" REQUIRED) AND A SIDE YARD SETBACK FOR ACCESSORY STRUCTURE OF 3' 0" (5' 0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 51 SOUTHWEST 52ND COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT TO A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: Vice Chairman Johnny L. Winton ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Thank you very much, Mr. Chairman. 203 April 25, 2002 61. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY AMENDING FUTURE LAND USE MAP FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES AT 621 BEACOM BOULEVARD. (Applicant(s): Planning and Zoning Department). Chairman Regalado: We are going to PZ -4. It's a second reading ordinance, 621 Beacon Boulevard. Commissioner Sanchez, it's in your district. Susan Cambridge: Susan Cambridge, Planning and Zoning Department. This item was brought about to provide consistency between our Comprehensive Plan and our zoning. Commissioner Sanchez: Any opposition? So moved. Commissioner Gonzalez: Second. Commissioner Sanchez: It's a public hearing. Chairman Regalado: It's a public hearing. This is a second reading ordinance. Anybody from the public on this change? Being none, we close the public hearing. Commissioner Sanchez: Mr. Chairman, based -- Chairman Regalado: Do we have a motion? Commissioner Sanchez: --based on the Planning recommendations, the Planning Advisory Board approval 7 to 0 and the City Commission was passed on first reading, I so move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. Read the ordinance. Roll call. An ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 621 BEACOM BOULEVARD, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 204 April 25, 2002 was passed on its first reading, by title, at the meeting of April 11, 2002, 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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Said ordinance was designated Ordinance No. 12223. The Ordinance was read by title into the public record by the Deputy City Attorney. 205 April 25, 2002 62. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL" AT 690 SW IST AVENUE (Applicant(s): Fomack Realty Group). Chairman Regalado: PZ -5, 690 Southwest 1 st Avenue, first reading. Commissioner Sanchez, it's in your district. Commissioner Sanchez: It's a public hearing. Chairman Regalado: It's a public hearing. Commissioner Sanchez: Is anyone in opposition? Chairman Regalado: Nobody from the administration. OK, the public hearing -- Lourdes Slazyk (Assistant Director, Planning & Zoning): There's someone here from the Miami River Commission. Commissioner Sanchez: Are you for it or against it? Bret Bibeau: The Miami River Commission is asking for a deferral. I have a brief statement prepared Commissioner Sanchez: Why? Just out of curiosity, why? Mr. Bibeau: At a vote of the Miami River Commission on March 4, the Miami River Commission voted to request a deferral on this item until completion of the Urban Infill Plan in one month. There are specific zoning changes in the Urban Infill Plan, which would address the issues before you today. The zoning change is not coming before you with a development plan attached to it. Therefore, a deferral for a month would not necessarily delay any pending project. This is a zoning change to really take a look at market values and issues like that. Commissioner Sanchez: It is a zoning change that has been approved by the Planning Department, Advisory Board 7 to 0. It was approved by the Planning recommendation. I mean -- Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: I don't think -- Chairman Regalado: You wish to hear his debate? Commissioner Sanchez: It's only frustrating. So, I don't have a problem -- I mean, it's going to be heard again, so -- all right. So move, Mr. Chairman. Chairman Regalado: OK. There is a motion -- Commissioner Gonzalez: Second. Chairman Regalado: --and a second. Read the ordinance. Roll call. (COMMENTS MADE DURING ROLE CALL) 206 April 25, 2002 Commissioner Gonzalez: Commissioner Winton. Roll call. Vice Chairman Winton: What? Commissioner Gonzalez: Roll call. Vice Chairman Winton: What item? Commissioner Gonzalez: PZ -5. Chairman Regalado: PZ -5 - Commissioner Gonzalez: PZ -5. Chairman Regalado: 690 Southwest 1st Avenue. Commissioner Sanchez: It's been approved by everybody and their mother. Chairman Regalado: First reading ordinance. Vice Chairman Winton: "Yes." Note for the Record: Commissioner Teele entered the Commission chamber at 9:04 p.m.) An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 690 SOUTHWEST IST AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. 207 April 25, 2002 63. FIRST READING ORDINANCE: CHANGE ZONING AS LISTED IN ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM SD -4 WATERFRONT INDUSTRIAL TO SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT AT 690 SW Is" AVENUE (Applicant(s): Fomack Realty Chairman Regalado: PZ -6 is a companion to PZ -5. Vice Chairman Winton: So move. Commissioner Sanchez: So move, Mr. Chairman. First reading. Chairman Regalado: It's been moved -- Commissioner Gonzalez: Second. Chairman Regalado: --and a second. We open the public hearing. No one from the public. We close the public hearing. Read the ordinance. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING AT LAST OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM SD -4 "WATER FRONT INDUSTRIAL" TO SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL - RESIDENTIAL DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 690 SOUTHWEST IST AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON 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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 208 April 25, 2002 64. FIRST READING ORDINANCE: AMEND ORDINANCE 10544, CITY'S COMPREHENSIVE NEIGHBORHOOD PLAN BY BY CHANGING LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND "OFFICE" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" AT 5973, 5995, 6009, 6021 AND 6031 NE 5TH AVENUE, 5990 NE 5TH COURT AND 525, 557, 551, 592 NE 60TH STREET (Applicant(s): Cushman School). Chairman Regalado: PZ -7, Vice Chairman Winton, it's in your district. A first reading ordinance. PZ -7, 5973 to 50 -- to 6031 Northeast 5th Avenue. It's a public hearing. First reading ordinance. Go ahead, ma'am. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -7 and 8 are actually companion items for the Cushman School. This is in order to consolidate the zoning and land use for the school as part of a master plan for the school complex. The Planning Advisory Board has recommended approval and the planning and Zoning Department recommend approval. Chairman Regalado: Sir. Cyril Saiphoo: Good evening. Cyril Saiphoo, Counsel Tech Engineering, 3141 Commerce Plaza -- Vice Chairman Winton: Could I interrupt you for a second? Do we have opposition to this? Are y'all speaking in opposition? Mr. Saiphoo: No, I'm -- Commissioner Sanchez: No. Vice Chairman Winton: Do you have any opposition to this? Chairman Regalado: Do we have any opposition of this? Vice Chairman Winton: So, if we don't, y'all mind making your presentation one second long? OK. Thank you very much. Chairman Regalado: No. He already did. Mr. Saiphoo: I did. Chairman Regalado: He already did give his name and address. We close the public hearing. Do we have a motion? Vice Chairman Winton: So move. Commissioner Gonzalez: Second. 209 April 25, 2002 Chairman Regalado: It's been moved and second. Read the ordinance. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 5973, 5995, 6009, 6021, AND 6031 NORTHEAST 5TH AVENUE; 5990 NORTHEAST 5TH COURT AND 525, 551, 557, 592 NORTHEAST 60 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND "OFFICE" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. Vice Chairman Winton: May I say something? Chairman Regalado: Yes, sir. Vice Chairman Winton: When did the Cushman School first open? Cheryl Rogers: 1924 -- Vice Chairman Winton: Would you please come up, ma'am, and state your name and address for the record and tell us when the Cushman School opened? 210 April 25, 2002 Ms. Rogers: Right. I'm Cheryl Rogers. I'm the principal of Cushman School and I live in Biscayne Park, 655 Northeast 118th Street. Cushman originally opened in 1924 but not in its current location. The current location opened in 1926. Vice Chairman Winton: So, that school has been in that location in the City of Miami since 1926? Ms. Rogers: Right. Vice Chairman Winton: They've done a great job. And it's really a wonderful, wonderful school. And hope you can all get up there and see it one day. Ms. Rogers: Please do. Vice Chairman Winton: And one of the things that interestingly that they've done is it looks like-- it does not look like a school. It looks like it's part of the neighborhood. They've actually taken these different parcels, as they've grown, and connected -- and have created pathway connectors, as opposed to giant buildings that look like schools. This looks like it's a -- it looks like it's a -- it's a neighborhood. And, so they've really done a wonderful job up there and the people love it. Ms. Rogers: Thank you. Vice Chairman Winton: So, thank you and welcome. Great presentation. Ms. Rogers: Short and to the point. 211 April 25, 2002 65. FIRST READING ORDINANCE: CHANGE ZONING AS LISTED IN ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL, O OFFICE WITH AN SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT TO G/I GOVERNMENT AND INSTITUTIONAL AT 5973, 5995, 6009, 6021 AND 6031 NE 5TH AVENUE, 5990 NE 5TH COURT AND 525, 551, 557, 592 NE 60TH STREET (Applicant(s): Cushman School). Chairman Regalado: Wait a minute. We haven't finished. PZ -8 is a companion to PZ -7. Vice Chairman Winton: So move. Chairman Regalado: First reading ordinance. It's been moved -- Commissioner Gonzalez: Second. Chairman Regalado: --and second. This is a public hearing. No one from the public wishes to speak. Read the ordinance. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING AT LAST 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-3 "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL AND OFFICE" WITH AN SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT TO G/I GOVERNMENT AND INSTITUTIONAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5973, 5995, 6009, 6021 AND 6031 NORTHEAST 5 AVENUE, 5990 NORTHEAST 5TH COURT AND 525, 551, 557 AND 592 NORTHEAST 60TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON ATTACHED "EXHIBIT A"; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. Mr. Saiphoo: Thank you. 212 April 25, 2002 66. FIRST READING ORDINANCE: SECTIONS 18-176,38-18,54-136,54-137,55-8 AND 62-128 OF CITY CODE TO REQUIRE NOTICE AND PUBLIC HEARING PRIOR TO COMMISSION CONSIDERATION OF ANY MATTER RELATING TO PLAT APPROVALS, STREET CLOSURES AND ACTIONS INVOLVING PUBLICLY OWNED LANDS, INCLUDING RENAMING OF CITY PARKS OR STREETS. (Applicant(s): Public Works Department). Chairman Regalado: PZ -9. It's a first reading ordinance from Public Works. It's about public notice and public hearing prior to City Commission considerations of any matters relating to plat approvals, street closures and actions involving publicly owned land. Vice Chairman Winton: This is the Teele amendment. Chairman Regalado: Yes. Commissioner Sanchez: The Teele what? Chairman Regalado: This is -- Vice Chairman Winton: This is the Teele amendment. Commissioner Teele: And I move the item. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. We close the public hearing. Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Maxwell: One thing we would like the ordinance to be amended to clarify that the notice that's intended by the Commission, as I understand, is advertisement for public hearings in a newspaper of general circulation, and that would be the specific notice that this amendment would apply. Chairman Regalado: Well, I don't know, because today the City Commission passed a resolution giving the Manager the power to waive some restrictions on papers of general circulation. Mr. Maxwell: For purposes of satisfying the notice, that may be supplemental notice, but the notice that we would give to satisfy this ordinance would be in a newspaper of general circulation. Chairman Regalado: Of general circulation. Mr. Maxwell: And then an additional notice would be given. Chairman Regalado: And that include -- -- Commissioner Teele: May I inquire? Chairman Regalado: And that include also the notice to the neighbors. 213 April 25, 2002 Mr. Maxwell: No, it does not, and that's the purpose for asking for this clarification. The notice here -- the way the ordinance is drafted at this point, it pretty much mirrors what Commissioner Teele and the Commission's directives were, that we give public notice, but when public notice is ordinarily given, it is in three forms under Chapter 129 -- 128 of the Code. That's the one you asked me about the other day, of course, posting the advertised notice and the mail notice. We did not think that it was the intent of the Commission that you invoke all three forms for the public notice for the land covered in this particular ordinance, and we were recommending that clarification, that change and that on first reading to show that unless otherwise shown in other parts of the code of the zoning ordinance, it would only be noticed in a newspaper of general circulation. Commissioner Teele: Does that give anybody the right to come in and object in a public hearing format? Mr. Maxwell: Object to not having received notice? Commissioner Teele: No, no. Does your interpretation of notice give the public the right to appear before us and have the right to be heard? Mr. Maxwell: Yes, sir. Chairman Regalado: OK. Fine by me. I thought that the intent was every kind of notices, but -- Commissioner Teele: Commissioner, I have no problem giving every kind of notice. Right now we give no notice at all. Chairman Regalado: Exactly. I mean, let's do it like that. And this is a first reading, so -- Mr. Maxwell: Which way, so I know -- Commissioner Teele: All three notices, and then, if he wants to take one out, we'll -- -- Chairman Regalado: All three notices. That's what I thought. Mr. Maxwell: All right. Chairman Regalado: We close the public hearing. Do we have a motion? Commissioner Sanchez: Move, Mr. Chairman. Chairman Regalado: It's been moved and second. All in favor -- I'm sorry. I'm sorry. Read the ordinance. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 18, 38, 54, 55, AND 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO REQUIRE NOTICE AND PUBLIC HEARING PRIOR TO CITY COMMISSION CONSIDERATION OF ANY MATTERS RELATING TO PLAT APPROVALS, STREET CLOSURES, AND ACTIONS INVOLVING PUBLICLY OWNED LANDS, INCLUDING BUT NOT LIMITED TO THE RENAMING OF CITY PARKS OR STREETS; MORE PARTICULARLY BY AMENDING SECTIONS 18- 214 April 25, 2002 176, 38-18, 54-136, 54-137, 55-8, AND 62-128 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Teele, seconded by Vice Chairman Winton, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the Deputy City Attorney. 215 April 25, 2002 67. DISCUSSION REGARDING CRITERIA REGARDING STREET AND ALLEY VACATIONS AND CLOSURES. (Applicant(s): Planning and Zoning Department/Public Works Department). Chairman Regalado: PZ -10. This is a discussion item. Street and alley vacations criteria. The Zoning Department. Sarah Eaton: Mr. Chairman, members of the Commission, Sarah Eaton, Planning and Zoning Department. Several months ago the City Commission asked the administration to look into the subject of street and alley vacations and come back with a recommendations. Until recently, the City has routinely approved most applications for vacations of streets and alleys, with little scrutiny given to the long-term implications of the vacation. Such implications are often not apparent. For example, vacating the street or alley can create a mega block that allows a building that is out of character with a surrounding neighborhood. Vacations can also encourage the demolition of small-scale historic buildings on the property. Under the present system of review, there is little clear benefit to the public by the vacation of streets and alleys. In many cases, in fact, vacation harms the public. The administration recommends that the City adopt a policy that discourages street and alley vacations and encourages more rigorous review with the design -based framework. Vacation requests should be treated as the exception and not the rule, and applicants should be required to make a solid case for a vacation. Each proposal to vacate a street or alley should be evaluated on two sets of criteria: One, the functional and urban design implications for the surrounding area; and two, the public benefits that would be provided. City vacation policies should acknowledge that a negotiated set of public benefits is intrinsic to any approval, and mitigation of impacts alone is not enough. Instead, the potential merits of a proposed vacation must demonstrate significant long-term benefit to the public to justify the vacation. Public benefits must exceed those the applicant would have provided without a vacation request, must outweigh the loss of public right-of-way created by the vacation and must constitute true public benefit. Benefits might include rededication of an improved street or alley back to the City, public open space, street scape improvements, bicycle paths, affordable housing, historic preservation, et cetera. A consistent set of criteria would help ensure a thorough assessment of vacations by those charged with their review. Applicants would also benefit by having a clearer and more predictable sense of what is important to the City. The Planning and Zoning Department and the Public Works Department have developed a draft set of criteria to cover the impact analysis, as well as the public benefit analysis, and those were included in your packet. We also realize that there may be exceptions to this rule for single-family neighborhoods and duplex areas, and we -- the City may want to consider exceptions for such single-family and duplex neighborhoods. A new mechanism permitting temporary closures of improved alleys with a consent of the property owners could be instituted. In fact, that would be a simpler process than the one that is currently on the books. Thank you. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: Madam Director, focusing on the commercial aspects of the recommendations that you've made are good recommendations. I'm inclining more on the residential side, where we have -- and I speak for my district. There's a lot of properties in my district that have alleyways. Of course, in the old days, that's how your trashed was picked up. Trash came through the back. Your trash -- those were the days when the trash was placed in the back of the house and they picked up. What's happening now is that the City of Miami enforces that those alleyways have to be maintained clean. In other words, if my residents have an alley in the back, I would be responsible for my yard and also for cutting the grass of the alley or the portion that's behind me. What's happening is that the alleyways in the back, one, that people aren't maintaining them. Second, it's being utilized for criminal activities, especially in the Roads 216 April 25, 2002 areas. We're getting complaints. People stealing furniture from their back yards, their bicycles, and miscellaneous items, so, this is something that I remember not long ago, about five or six months I brought it out, was to make a recommendation where you would have both properties that are on opposite sides of the alleyway to see if they could formulate an agreement where everyone in that area would just, you know, take 50 percent of it and close it. I mean, I don't think the people that have property would mind getting maybe 100 extra feet. And, of course, they wouldn't even mind paying additional taxes for it. But let me just say that, in my area, especially in the Roads area and in the southwest area, there are a lot of alleyways and that continues to be a concern. The people call in and say, "Hey, listen, first of all, every other month Code Enforcement is coming out here either threatening to fine me or I have to cut my alleyway." So, maybe this is something that, in the process, we're able to generate more funds for the City, we're able to give a portion of land that's not being utilized back to the residents. I don't know. Maybe we can work something out. Maybe we need to be a little more creative on this issue, but I can tell you this much, not on the commercial aspect of it, but on the residential aspect of it -- I mean, have you done a study to find out how many neighborhoods have alleyways in our community? I could tell you that, in my district, we have a lot, because that's the way that, in the old days, trash was picked up, milk was delivered or services were provided. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Gonzalez: I also, in my district, I have a lot of alleys that are abandoned, totally abandoned, and they're being used to do -- smoke crack. They're being used for illegal dumping. The grass is grown up. Nobody takes care of cutting the grass, so, last month we had to call Solid Waste and they have to go with bulldozer in order to clean two of those alleys behind Northwest 36th Street, between 17 Avenue and 18 Avenue. So, its a common problem. At least I have serious problems with the alleys being open. Commissioner Teele: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Teele: Mr. Chairman, I think very clearly what we need to do is have two classes of alleyways. I don't think this is a one -size -fits -all. We need to have a policy for residential alleys, because this is a history. There's the discussion that my two colleagues have talked about, and then we need to have a definition or a policy for commercial areas. You know, industrial or C-1, C-2, on and on and on, but let me tell you, this is an area in which the insiders have figured out and almost feel they have a constitutional God-given right to take a City road, and I had this discussion recently -- and I'm going to put it on the record, Mr. Director -- right behind Gold Rush on -- off of 11 Street, between Miami Avenue and the street that is to the -- directly to the -- I'm sorry. The avenue or court that is directly -- Joel Maxwell (Deputy City Attorney): I believe it's -- I think it's 1 st court, East 1 st Court. Commissioner Teele: East -- East 1 st Court. Those folks think they have a right to close that because they own both sides of the land. I mean, their lawyer, who happens to be one of the better lawyers in this town, just -- "What are you talking about? We own both sides of the land. Why are you giving us a hard time?" Let me tell you why. Because if you ever do parking underneath 395 and you get ready to move the cars out of 395, you're not going to take them back onto 11th Street. You're going to take them up that little road, the road there directly behind Gold Rush and put it onto Miami Avenue. I think the policy that the City Manager read into the record, the Planning Department, was absolutely one of the better thought-out processes. I compliment you, ma'am, on the thoughtfulness and the clarity of your 217 April 25, 2002 recommendation. I would hasten to add, however, that I think two very important considerations are not considered. Number one, Mr. Director of Public Works, and foremost, the mobility and transportation -- long-term-mobility and transportation are circulation implications. That was not one of your criteria. In other words, don't just look at what we're doing right now. Let's look at what the future holds for us, and when I say transportation and mobility, you mentioned bike path, for example, but we should also think about pedestrians. You know, you talked about these extra long blocks. Think about, the public has the right to be able to move across certain areas, and we don't need to make the streets and the blocks is long that it almost discourages the mobility of our pedestrian circulation patterns, and I think that's a very, very important issue. You talked about it in the context of having blocks that are too long and out of scale, but the mobility issue is very, very important, both near-term and long-term, and particularly the pedestrian and bicycle or skates and these other alternate forms, and, so, I would really encourage you to look at that issue, because really, after all, the road was there or the alley was there to facilitate mobility. Our policy doesn't do that. Secondly, I believe that this policy should require four-fifths vote to be able to be implemented in the commercial area, not in the residential area, but what we're talking about now is whether or not we're going to balance a particular property owner's interest with the overall public interest, and that's -- and the tilt of that balance should be in view of what is in the public's best interest, not what is in the individual property owner's best interest. I think there are a lot of things, short of closing roads, that we could look at, some limited access roads, perhaps. We could look at -- I know along the railroad track there, in looking at some of the issues that Commissioner Winton is looking at along the FEC (Florida East Coast), we need to look at some alternate ways, other than just closing roads, that we can maybe reduce the size of roads or create a space for vehicular or emergency traffic, but at the same time, discourage, you know, the automobile daily use of certain roads without going all the way to closing it. I think the policy is well considered. I think there needs to be a clear delineation between residential closures for the purpose of safety and for the removal of vagrancy and dereliction and dumping and all those kinds of things. I think that policy judgment should be weighed, not just in favor of the property owner, but in favor of the Code and Code Enforcement, and that's a little bit different from just a property owner who wants to assemble this massive track of land to build some massive development, which, I think, should not be encouraged but should be done very thoughtfully, very sparingly and, as you said, Ms. Eaton, that should be the exception, not the rule. Right now the rule is, if you own both sides of the land on either side of the right-of-way, you've got almost a constitutional God-given right to get it done, and, really, they view our role as just being ministerial and that needs to change immediately, if not sooner, and I want to compliment you, Ms. Eaton, for your presentation. Chairman Regalado: Thank you. Vicky Garcia -Toledo: I'll try to be brief. Vicky Garcia -Toledo, with offices at 2500 First Union Financial Center. I think this is an issue that you have raised before. Commissioner Winton, some time ago, said "I would like to know before we're closing a street, what we are going to use that street for." And I think that's a very valid argument. I would just ask that we proceed very carefully. First of all, those streets where taken and dedicated from the original land owned by those property owners adjacent to the street, and they were dedicated for the purpose of public use and as we get into the old core of Miami, oftentimes they were not dedicated in a really functional grid, so, we're finding more and more alleys that go nowhere, alleys that have -- while being dedicated, have never been improved and have never been used. We're also finding entire City blocks where, Commissioner Sanchez, as you said, people have fenced those areas in and they have been fenced for 30 and 40 and 50 years, even though there is a legally platted alley there, but it's never been in use. And I think, in terms of having a policy of non -closure, I think that discourages some of the very type of development that you are trying to encourage in some areas of the City, so, I would just ask that we are very careful in how we draft this ordinance, because it could have implications that don't necessarily get us to where you all want to go. Thank you. 218 April 25, 2002 Chairman Regalado: Thank you. You wish to add anything? Ms. Eaton: Yes. If the Commission so desires to consider this policy, we would be happy to refine the criteria and develop procedures to implement it and bring back any amendments that would be required. Chairman Regalado: OK. You first will meet with the members of the Commission and then -- when do you want this to come back to the City Commission? Anybody? Any idea? Commissioner Sanchez: When do you think you'll have it prepared? Chairman Regalado: The criteria, but before bringing it here, talk to the members of the Commission so we don't have this long debate. Ms. Eaton: All right. Commissioner Sanchez: May the 23`d� Ms. Eaton: I'm not sure it would be ready by then. But I would say in June. Commissioner Sanchez: June the 13`h? Ms. Eaton: Yes. Commissioner Sanchez: OK. June the 13th. Ms. Eaton: Yes. Chairman Regalado: OK. Thank you very much. Ms. Eaton: Thank you. 219 April 25, 2002 68. AUTHORIZE ACQUISITION OF NEW AND REPLACEMENT SERVER HARDWARE, ASSOCIATED SOFTWARE, PERIPHERALS, INSTALLATION SERVICES AND MAINTENANCE SERVICES FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT NOS. 250-040-99-1, 973-561-99-1 AND 250-050-97-1 $175,000, FOR DEPARTMENT OF INFORMATION TECHNOLOGY; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECTS AND VARIOUS DEPARTMENTAL BUDGETS. Chairman Regalado: We have -- OK PZ items are done. We have some regular agenda. Before that, I'd like to -- the Mayor has asked to present to you a resolution on his blue page. It's resolution J-02, authorizing the acquisition of new or replacement server hardware. And do we have a motion? Commissioner Teele: Authorizing what? Commissioner Sanchez: What? Commissioner Gonzalez: Software. So move. Chairman Regalado: Software for the Mayor's -- Commissioner Gonzalez: For the Mayor's office. Chairman Regalado: This is in the blue page of the Mayor. He has requested that we defer one item, Item B, and that we do Item C. Commissioner Sanchez: What kind of ware, software? Commissioner Gonzalez: Software. Chairman Regalado: I have no idea. Aldo Stancato (Interim Director, Information Technology): Commissioner, I can -- Chairman Regalado: Go ahead. Mr. Stancato: I can expand on that. Commissioner Teele: You don't have to expand on it. Just answer my question. How much does it cost? Mr. Stancato: It's a hundred and seventy-five thousand for servers, for replacement servers. Chairman Regalado: Where? Tell me where. Mr. Stancato: Throughout the City. It's utility servers, print servers, things that host our web page. It's normal -- old stuff that's out of gas that we're replacing. Chairman Regalado: So, why is the Mayor doing this? Mr. Stancato: The Mayor has taken an interest in IT (Information Technology) and had us -- had his technology people review this to make sure it's in line with -- that they were comfortable with the technology that was going forward and his technology specialists have reviewed this and -- 220 April 25, 2002 Chairman Regalado: So this is citywide? Mr. Stancato: This is citywide, correct. Commissioner Teele: Does it include DDA (Downtown Development Authority) and MSEA (Miami Sports & Exhibition Authority) and -- Commissioner Sanchez: Bayfront Park? Mr. Stancato: No, it doesn't. Commissioner Teele: Well, amend it to include all of them, as well. You know, does it include NET (Neighborhood Enhancement Team)? Mr. Stancato: Yes. It includes all of the City departments that are under the City Manager. Commissioner Teele: Yeah, but see -- can I tell you something? Can I tell you the thing that we're doing wrong here? You've got to remember that the DDA, and MSEA, and Bayfront Trust, forget the CRA (Community Redevelopment Agency), these are promotional entities. If we need web pages -- and International Trade Board -- if we're going to have service, our best service should be with these agencies that are interfacing with the world. You know, this is all inside baseball about how our Public Works -- with all due respect to John Jackson and all of that -- and how the Planning -- you know, the -- nobody's going to be -- we just approved money for Africa, where we're bringing all these people here, but nobody's going to query Public Works from Africa about that. Maybe I'm probably wrong. I'm probably wrong, but I can tell you one thing; they're going to query the International Trade Board. They're going to want to know what's going on downtown in they're staying in the Intercontinental, and MSEA should be at the cutting edge of this, and we need to stop thinking about the MRC (Miami Riverside Center) Building and we need to start with our NET Offices and think about NET, and then we need to think about those agencies that are bringing in the money and interfacing, especially DDA, especially MSEA, especially Bayfront Trust and International Trade. That's how we've got to think about this. Mr. Stancato: Commissioner, we do support the International Trade Board. We do support Bayfront Trust. We really have not provided support for MSEA. But for DDA, they have not really requested that from us, so we haven't done it. Commissioner Teele: What about Bayfront Trust? Vice Chairman Winton: Yeah, I'll request it. Mr. Stancato: We do work with Bayfront Trust. Vice Chairman Winton: I'll request it for DDA. Mr. Stancato: OK. Vice Chairman Winton: How's that? Commissioner Teele: I would move the item, second the item, with the proviso that please look at those other affiliated entities to see how we can better support them, as well. 221 April 25, 2002 Mr. Stancato: Yes, sir. Chairman Regalado: OK. We have a motion. Commissioner Sanchez: Second, as amended. Chairman Regalado: And a second, as amended. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-482 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF NEW AND REPLACEMENT SERVER HARDWARE, ASSOCIATED SOFTWARE, PERIPHERALS, AND INSTALLATION AND MAINTENANCE SERVICES FROM VARIOUS VENDORS, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 250-040-99-1, EFFECTIVE THROUGH SEPTEMBER 30,2002; 973-561-99-1, EFFECTIVE THROUGH MAY 19,2002; AND 250-050-97-1, EFFECTIVE THROUGH APRIL 30, 2002, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $175,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS. 311603 AND 311610 AND THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. 222 April 25, 2002 69 (a) MAYOR DIAZ INVITES MEMBERS OF COMMISSION TO JOIN HIM AND MEL MARTINEZ, SECRETARY OF HOUSING AND URBAN DEVELOPMENT AT GWEN CHERRY APARTMENTS, 2100 N.W. 19 TERRACE TO PLANT TREES TO CELEBRATE EARTH DAY COMMISSIONER TEELE AMENDED PRIOR MOTION 02-468 RELATED TO BOND WORKSHOP ON MAY 8,2:30 P.M. TO HAVE IT AT JAMES L. KNIGHT CENTER INSTEAD OF CITY Hall. (b) AUTHORIZE MANAGER TO NEGOTIATE INTEREST RATE LOCK AGREEMENT WITH MORGAN STANLEY WITH ADVICE OF CITY'S FINANCIAL ADVISOR, RELATED TO ISSUANCE OF FIRST SERIES OF LIMITED TAX GENERAL OBLIGATION BONDS. (See #8). Chairman Regalado: The Mayor is inviting members of the Commission to join him tomorrow at 4 p.m., at Gwen Cherry Apartment Complex, 2100 Northwest 19th Terrace. Mel Martinez, Secretary of Housing and Urban Development, will be there, and Mayor Diaz will also be there in this complex, and he's inviting members of the Commission and that would be at 4 p.m., and what you all are going to do there is plant trees. This is tomorrow at 4 p.m. to celebrate Earth Day. Commissioner Teele: Mr. Chairman -- I'm sorry. We agreed earlier to have a workshop here at the City Commission on Wednesday, May 8th, at 2:30. It's my understanding that it's administrative and much better for everybody to have it at the Knight Center. Chairman Regalado: They've sent an e-mail that they want to do it at the Knight Center. Commissioner Sanchez: Who wants to do it at the Knight Center? Commissioner Teele: About four out of the five Commissioners, I'm sure. Commissioner Sanchez: Well, I'm out voted then. Chairman Regalado: Nobody asked me, so, it's only three. Commissioner Teele: I'm only joking. I mean, you know, it's obviously closer to the MRC (Miami Riverside Center) Building to bring the staff two blocks away as opposed to that. Commissioner Winton's downtown. It's tough to get back and forth -- Chairman Regalado: Why don't you guys do it at the MRC. Commissioner Sanchez: It was your idea. Commissioner Teele: No, it wasn't. No, it wasn't. They came to me, but I'll tell you this, they had that Mayor's Summit there at the Knight Center and it really works well. Chairman Regalado: They already decided, Municipal Bond Workshop, Hyatt Hotel, room location to be announced, Wednesday -- Commissioner Sanchez: I'll go wherever I'm needed. Chairman Regalado: -- 2:15 to 6:15 p.m. Commissioner Sanchez: Two to six? 223 April 25, 2002 Chairman Regalado: Two to six, so, you're going to be there. Commissioner Teele: What about two to four? Chairman Regalado: I don't know. Commissioner Teele: Why don't we say two to four? Chairman Regalado: I don't know. Commissioner Teele: Let's beat the traffic. Commissioner Gonzdlez: Two to six. Four hours. Commissioner Teele: Do we need to vote on that, Mr. Attorney? Commissioner Sanchez: Who's setting it up? Is the Mayor in? Is the Mayor setting it up? Commissioner Teele: The Manager is. Chairman Regalado: The Manager. Commissioner Sanchez: The Manager? Can you make sure we have cookies and fruits? Carlos Gimenez (City Manager): What kind of cookies? Commissioner Sanchez: The last time, those were good cookies. Commissioner Teele: The macadamia nuts and the -- Mr. Gimenez: Chocolate chip, macadamia, white chocolate. Commissioner Teele: And the raisin. Mr. Gimenez: Yes, sir, we will. Commissioner Teele: We don't have to vote on that, do we? Commissioner Sanchez: No. We don't need to vote on the cookies, do we? Chairman Regalado: This is -- Commissioner Teele: But, seriously, can we cut back to four? Chairman Regalado: Wednesday -- this is for Wednesday? Commissioner Teele: Two -thirty to four -thirty? We don't need to be there until 6 o'clock. Chairman Regalado: This is Wednesday -- 224 April 25, 2002 Commissioner Teele: The 8th. Chairman Regalado: May the 8th. What is the purpose of this meeting? Commissioner Teele: This is the bond -- this is where everybody says -- Chairman Regalado: I know. I know. I know, but what are we going to do there, bring our wish list? Commissioner Sanchez: And argue. Mr. Gimenez: Well, what I said -- Commissioner Sanchez: Draw straws. Mr. Gimenez: What I said this morning is that we have been working internally with this -- with the program and we're going to be coming around to you individually to show what we've done. Also, to get your input and then we will include your input into anything that we present on that day, and then that will give you some information, so that when you make your decision the next day of where to -- to prioritize what projects. One of the things that we did is -- we're doing is, we're looking at time frames and how long it would take each one of these projects to complete. The ones that were approved by you, by your previous resolution, before the bond program actually was passed, and then, also, a number of projects, which were non-specified, like the thirty-one million dollars for parks. That was non-specific. The gateways was non-specific, so we wanted to put those in some kind of order and also some kind of time frame for your information so that you can take your prioritization. Chairman Regalado: OK. Vice Chairman Winton: Could you also -- is it possible to know when we think we might go back to the market again for the second round? Mr. Gimenez: That can be -- at that day, we'll also have the updates come back and depending on -- well, that really all depends on how much you want go the first round. If you say you want to go the full amount the first round, it will probably take longer to get to issue the second round. Vice Chairman Winton: Well, assume for the moment, that we go for the full amount round one, so -- because that puts the longest time frame out, I'm assuming for the second round, so if y'all can tell us what you think the time frame may be for the second round, I think that's going to help me in terms of my analysis. Robert Nachlinger: Commissioner, Bob Nachlinger, Assistant City Manager. We anticipate issuing enough to carry us for about three years and then three years hence, going back in the market for the second crunch. Vice Chairman Winton: Thank you. Commissioner Sanchez: You could provide all that information at the workshop. Mr. Nachlinger: Yes, sir. Commissioner Teele: You know, this is so crazy. Here we are, the envy of 30 cities in this County and the County Commission. I mean, the problem we're dealing with now is a problem every city in this town 225 April 25, 2002 would love to have; that is, what to do with sixty or whatever the number is, and we're almost afraid to deal with it. I mean, we ought to just do it tonight and get it over with. Commissioner Sanchez: No. Commissioner Teele: But it's too late and it will just be misfired. Commissioner Sanchez: No, no, no. Commissioner Teele: It will be misfired, but I don't see why we don't just do this in two hours, an hour and a half, and have the meetings with everybody before we get there. Vice Chairman Winton: It shouldn't take us -- if it takes us more than two hours, it's going to take us more than four, because there's only an hour's worth of work. Chairman Regalado: I just don't know the purpose of that. I still don't know the purpose of that, because, you know, the only thing that the Manager has to do is meet individually with the members of the Commission, listen to the priorities, and figure out how much would that meet and then proceed, and then report back. Commissioner Teele: Well, I thought on May the 9th, we were going to vote on this. Chairman Regalado: Exactly, and then vote and get it over with. Mr. Gimenez: May 9th is your regular Commission meeting. You wanted May 8th as the workshop. Commissioner Teele: Yeah, but we want to vote on May the 9th. Mr. Gimenez: Correct. That's what you wanted to do. Commissioner Sanchez: Yeah. Mr. Gimenez: You want May 8th as your workshop, to -- as your prelude to May 9th. Vice Chairman Winton: Commissioner Regalado, if we're lucky, we go down May the 8th, we take 10 minutes, and we go back to work. If we're not lucky -- Commissioner Sanchez: Johnny, it's not going to take -- Chairman Regalado: I don't want to -- Commissioner Sanchez: It's not going to take 10 minutes. The workshop is a great idea. We're going to listen -- Chairman Regalado: I don't -- Commissioner Sanchez: The experts are going to brief us on the issue and then we'll be able to discuss on the priorities. This is something you don't want to rush into. Chairman Regalado: I don't have any problem. I just don't think -- I think it's unfair to put the members of the Commission in harm's way, in terms of debating, you know, whose priorities should be first. I just 226 April 25, 2002 think that the Manager should meet with the people, you know, before that meeting. I want to go to the workshop. I don't mind. It's not on the MRC, so I can go. Commissioner Sanchez: You had a harmonious relationship. Mr. Gimenez: We will be meeting with each one of you individually before that workshop and, hopefully, we will have some -- 90 percent of the plan formulated by the time you get to the workshop and hopefully it will be a short time, but we will be taking your input before that workshop. Chairman Regalado: OK. Commissioner Gonzalez: Mr. Chairman. Chairman Regalado: CA -- yes, sir. Commissioner Gonzalez: I believe that this is not a matter of discussing whose priorities is going to be served first. It's going to be -- it has to be based in needs of each individual district. The one thing that I agree with Commissioner Teele a hundred percent is that we have to move. We have to move and we have to move in a way that every district be impacted -- on the first year or the first two years, each district has to be impacted so we can regain the trust of the public. Because the people know that we voted -- that they voted on the bond issue. They see the time is going by. Nothing has been done. Nothing has been prepared and the people are requesting what is happening. You know, what are they doing with the money? Where is the money going? So, the only way to address their concerns is to make sure that we meet on the issue and that we impact every district, at least on the first two years of the use of this money. Thank you. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes. Commissioner Sanchez: Our bond counsel is here and they're going to be coming up. I think they -- one of the concerns that we had today was trying to lock in on the rate, and you were going to report back on that. I mean, that's basically it right now. And the workshop, whether you want to do it two or three hours, I think the workshop is important. I don't see a problem, Commissioner Regalado, of us getting there and arguing on what priority list -- I'm sure that we'll get to that point later on. But the workshop itself, we're going to be informed on the issue and then we're going to be able to present our recommendations. Chairman Regalado: OK. Any -- do you wish to report anything on the bond -- Commissioner Sanchez: Sir, our bond counsel, could we bring him up? Vice Chairman Winton: Since we're on that subject, we have -- you've discussed this. Commissioner Teele: Financial advisor. Commissioner Sanchez: Financial advisor. Vice Chairman Winton: Yeah, pass this out. Commissioner Sanchez: I'm sure they're tired and they want to get out of here. 227 April 25, 2002 Vice Chairman Winton: This is the resolution that we talked about earlier. So, Mr. City Attorney, you want to read this. Note for the Record: At this time, the resolution was read by title into the public record by the City Attorney. Commissioner Sanchez: Mr. Advisor, what rate did we walk in on? Ron Williams: Actually, my name is Ron Williams. I'm from Morgan Stanley. Vice President at Morgan Stanley. And we would be the underwriters of the bonds, and a provider of the Interest Rate Lock Agreement. And based on, you know, market rates as of today, we estimate that, on an interest cost basis, it would cost you approximately 20 basis points to lock in today's rates. So, let's say -- Chairman Regalado: How much? Mr. Williams: Twenty basis points. So, for example, let's say that the rate today on an all -in basis for a 20 -year maturity bond issue -- actually, let's say it's a 5/10. That is what the market would say if we could have done a bond issue today. To lock in those rates and have the flexibility to be able to go -- we're saying, in this case, three months forward, and actually not issue the bonds until July 31" would cost you 20 basis points. So, that -- your rate would be a 5/30. So, you've basically -- for those 20 basis points, you've bought, you know, additional flexibility to go through the process that you've, you know, identified in terms of determining, you know, the right projects, et cetera, et cetera. Chairman Regalado: The law on probability says -- oh, I'm sorry, Johnny. The law on probability says that -- go ahead. Vice Chairman Winton: What's going to happen here is that it's going to take three weeks to get the agreements worked up. Mr. Vilarello: Two to three weeks for them to -- Mr. Williams: I think we could do it within two weeks, probably. Vice Chairman Winton: And then they come back to us with the agreement and with all the information in terms of what they think the cost is going to be and where the rates are, and then we make the decision -- tonight we're not making a decision to lock in the rate. Mr. Williams: Right. Vice Chairman Winton: It's going to take them three weeks to do the work that allows us to potentially lock in the rate. And so we come back for the May 90' meeting and we discuss what -- and we will vote on whether or not we want to take that jump to do the rate lock or not. Mr. Vilarello: And a financial advisor will advise you, as well, as to whether or not it's in the best interest of the City to do so. Vice Chairman Winton: So, we're only giving them the mechanism to do the research that they need to do and prepare the agreements that they need to prepare so that we could then make the decision whether we wanted the rate lock or not. 228 April 25, 2002 Commissioner Sanchez: All right. Chairman Regalado: The law -- I guess that the law of probability -- I mean, the Wall Street goes up and down because of world events, right? And the law of probability says that situations are going to get worse, so interest rates are not going to go up because the economy is in a downturn. So, how long we can wait? Mr. Williams: Well, there's a -- you know, it depends on who you talk to. And there's a lot of information out there that say that the economy, you know, is -- has been improving and, you know, improved in the last quarter. And some people think that -- you know, a lot of people think that rates are going up. Unfortunately, I can't tell you. Commissioner Teele: Are you taking exception with our chairman? Mr. Williams: What was that? Commissioner Teele: He just said the rates are going to go down. Mr. Williams: I can't tell you which way rates are going to go. Chairman Regalado: But I can tell you that, you know, we all know that, you know, the stock market moves with world events, and world events are not pointing to any, you know, happy time in the near future. Vice Chairman Winton: Mr. Chairman, it's 9:47. We're not making any decision about anything, other than allowing them to go do this so we could -- Chairman Regalado: We're having a philosophical -- Vice Chairman Winton: I know. Chairman Regalado: A philosophical -- Vice Chairman Winton: I'm about to fall asleep over here, though. Commissioner Teele: I have one -- Mr. Chairman, seriously, I have one concern about this resolution. I want this resolution to contain an outer date. Because I've learned one thing about being in this city: If you don't have a date that this thing ends, it's going to go on. We'll be here in September talking about this. What is a reasonable period of time that the issue will go, Mr. Nachlinger, in your mind? Because I think we should say it is the intent of the City Commission that the bonds will be sold on Wall Street by such and such a date. Vice Chairman Winton: No later than. Commissioner Teele: No later than such and such a date. Vice Chairman Winton: I like that. Commissioner Teele: So, you tell us what it is. Robert Nachlinger (Assistant City Manager, Finance & Administration): July 3151 229 April 25, 2002 Commissioner Teele: I'll accept that. But what you're saying is, you know, let's do it. And, you know, if we had asked for that December, you know what your answer would have been? Mr. Nachlinger: July 31 st Commissioner Teele: By April -- no, it wouldn't have been. You would have said by -- Vice Chairman Winton: He would have said March 31" Commissioner Teele: You would have said by March 31ST. So, is that acceptable to -- Vice Chairman Winton: I love that idea. Commissioner Teele: And, by the way, Mr. Chairman, do you know what was going on in Crawford, Texas right now? Vice Chairman Winton: No. Commissioner Teele: You really don't know? Vice Chairman Winton: Uh-uh. Commissioner Teele: See, rates are going -- Chairman Regalado: We had the meeting -- Commissioner Teele: Rates are going up. Chairman Regalado: We had the meet -- in Crawford, Texas, you had the meeting of the Prince from Saudi Arabia and the President -- Commissioner Teele: And they were all smiling. Chairman Regalado: -- the President (INAUDIBLE). Commissioner Teele: Everybody out there was smiling. Chairman Regalado: Look, I covered the White House for 12 years. They always smile. They always smile. So, don't worry about it. I was a White House correspondent. Vice Chairman Winton: So move this resolution. Commissioner Sanchez: Second. Chairman Regalado: It's been moved -- Commissioner Sanchez: As amended by the 31" date. Chairman Regalado: As amended. 230 April 25, 2002 Vice Chairman Winton: With -- now, as amended, with the July 315` -- Commissioner Sanchez: Thirty-first date. Vice Chairman Winton: -- drop dead date on issuing. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-483 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN INTEREST RATE LOCK AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MORGAN STANLEY, WITH THE ADVICE OF THE CITY'S FINANCIAL ADVISOR, RELATED TO THE ISSUANCE OF THE FIRST SERIES OF THE LIMITED TAX GENERAL OBLIGATION BONDS APPROVED BY THE VOTERS IN NOVEMBER; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION AT THE MAY 9, 2002 CITY COMMISSION MEETING. (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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 231 April 25, 2002 70. APPOINT CHRISTINA VON LINDENBERG, SANTIAGO CORRADO, BILL DELGADO, RICHARD MILSTEIN, ANDRE DOMINIQUE PIERRE, CHRIS INGRAHAM, JOSEPH SEROTA, FERNANDO MATAS, NATHANIEL WILCOX AND SAM FELDMAN AS MEMBERS OF CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE. Chairman Regalado: We have the CIP (Civilian Investigative Panel). The Mayor has appointed five members. You all have the names. The City Clerk distributed the memorandum. Just for the record, the appointees of the Mayor are Christina Von Lindenberg from Allapattah YMCA (Young Men Christian's Association); Santiago Corrado, the Haitian Refugee Center; William Delgado, Latin Builders; Richard Milstein, Safe Dade, Andre Dominique, Haitian Lawyers Association. Those are the five members appointed by the Mayor. We need to do the five -- Vice Chairman Winton: Do we need to pass a resolution in support of this, or do they just automatically -- Commissioner Teele: We need to move it and second it. Chairman Regalado: We need to move -- Vice Chairman Winton: So moved. Chairman Regalado: OK. There is a motion and a second to approve the Mayor's appointment to the Nominating Committee of CIP. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved for its adoption: MOTION NO. 02-484 A MOTION CONFIRMING THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS SUBMITTED BY MAYOR DIAZ AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE: • CHRISTINA VON LINDENBERG • SANTIAGO CORRADO • BILL DELGADO • RICHARD MILSTEIN • ANDRE DOMINIQUE PIERRE. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 232 April 25, 2002 Chairman Regalado: It passes. Now, nominations by Commissioners. One -- Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Yes, sir. Commissioner Sanchez: I have one. Chris Ingraham. Chairman Regalado: OK. Commissioner Teele: Second the motion. Chairman Regalado: Mr. Attorney, do we vote each -- Vice Chairman Winton: Yes, each one. Chairman Regalado: In each one? Vice Chairman Winton: Yeah. Chairman Regalado: OK. There is a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 02-485 A MOTION APPOINTING CHRIS INGRAHAM AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. Vice Chairman Winton: Joseph Serota. Chairman Regalado: It's been moved. Do we have a second? Commissioner Teele: Second. 233 April 25, 2002 Chairman Regalado: Second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. 02-486 A MOTION APPOINTING JOSEPH SEROTA AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. Commissioner Gonzalez: Fernando Mata. Chairman Regalado: Fernando Mata. It's been moved. Do we have a second? Commissioner Teele: Second. Vice Chairman Winton: Second. Chairman Regalado: It's been seconded. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 02-487 A MOTION APPOINTING FERNANDO MATAS AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE.. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. 234 April 25, 2002 NAYS: None. ABSENT: None. Chairman Regalado: It passes, and Commissioner Teele. Commissioner Teele: Nathaniel Wilcox. Chairman Regalado: Nathaniel Wilcox. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and seconded. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved for its adoption: MOTION NO. 02-488 A MOTION APPOINTING NATHANIEL WILCOX AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: And mine -- could you do mine? It's Sam Feldman, Sam Shapiro Feldman. Commissioner Gonzalez: Second. Chairman Regalado: It's -- we have a motion by Commissioner Teele and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-489 235 April 25, 2002 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL NOMINATING COMMITTEE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. Those are the 15 names. Madam Attorney, when would they have the first meeting? Maria Chiaro (Assistant City Attorney): Mr. Chairman, we can -- the administration will set up the first meeting. They could have it as soon as it is to be set up. There is no provision in the ordinance for the City Commission to select a chairperson of the Nominating Committee. However -- Chairman Regalado: No, the chairperson should be selected among them. That's what -- Commissioner Teele: We debated that, and we agreed that the chairperson would be selected from among them, that there would be no appointments made by the Mayor or the Chairman of the Commission or anybody. Let them figure it out. Ms. Chiaro: The first meeting can be set as soon as the administration wishes to notify all the members and have the meeting. Chairman Regalado: So, when would the first meeting be? Carlos Gimenez (City Manager): July 3151? No. We'll try to have a meeting within two weeks, get it notified, and put them all together and have them there within two weeks. Chairman Regalado: OK. Commissioner Teele: Thank you, Mr. Manager. Chairman Regalado: Thank you very much. 236 April 25, 2002 71. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2002" $534,457, CONSISTING OF GRANT FROM UNITED STATES DEPARTMENT OF AGRICULTURE, THROUGH FLORIDA DEPARTMENT OF EDUCATION. Chairman Regalado: We have -- any pocket items? We have some items that we need -- Item 9 was -- did you -- Vice Chairman Winton: I think I have some appointments. Chairman Regalado: -- pull Item 9? Commissioner Teele: No. Commissioner Gonzalez: I think it was pulled this morning. Chairman Regalado: Yeah, I think you did pull item -- Commissioner Teele: I didn't pull any item. We discussed it and I just said here's an example of the food. Chairman Regalado: Then we need to do -- Commissioner Teele: I would move Item 9. Commissioner Sanchez: Second. Chairman Regalado: Item 9 has been moved and second. It's an emergency ordinance. It requires a four-fifths vote. This is a public hearing. We have a motion by Commissioner Teele. Second by Commissioner Sanchez. Read the ordinance. Roll call. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2002" AND APPROPRIATING FUNDS FOR THE OPERATION OF THE PROGRAM IN THE ESTIMATED AMOUNT OF $534,457, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE, THROUGH THE FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE AND TO EXECUTE THE NECESSARY DOCUMENT (S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele 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 Tomas Regalado Commissioner Angel Gonzalez 237 April 25, 2002 Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None ABSENT: None. Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12224. 238 April 25, 2002 72. FIRST READING ORDINANCE: ESTABLISH TWO NEW SPECIAL REVENUE FUNDS AND APPROPRIATE FUNDS AS FOLLOWS: (1) ECONOMIC DEVELOPMENT INITIATIVE GRANT FOR CERTAIN SPECIAL PROJECTS, $340,000 AND (2) NEIGHBORHOOD INITIATIVE GRANT FOR CERTAIN SPECIAL PROJECTS, $700,000 FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN SUPPORT OF MODEL CITY HOMEOWNERSHIP PILOT PROJECT. Chairman Regalado: Item 11, first reading ordinance. Economic Development grant for certain special projects in the amount of -- Commissioner Teele: Second. Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Chairman Regalado: Item 11, a first reading ordinance. Grant from the U.S. Department of Housing and Urban Development in support of the Model City Homeownership. Commissioner Teele: Public hearing. Vice Chairman Winton: Still so moved. Chairman Regalado: It is a public hearing. Alejandro Vilarello (City Attorney): This is first reading of the ordinance. It's not a public hearing. Chairman Regalado: Well -- Commissioner Teele: Moved and second. Call the question. Chairman Regalado: It's been moved and second. We close the public hearing. Read the ordinance. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING TWO NEW SPECIAL REVENUE FUNDS AND APPROPRIATING FUNDS AS FOLLOWS: (1) ECONOMIC DEVELOPMENT INITIATIVE GRANT FOR CERTAIN SPECIAL PROJECTS, IN THE AMOUNT OF $700,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN SUPPORT OF THE MODEL CITY HOMEOWNERSHIP PILOT PROJECT; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANTS AND TO EXECUTE ANY DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID GRANTS; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Vice Chairman Winton, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado 239 April 25, 2002 Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 240 April 25, 2002 73. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 11286, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED "TRAINING/ENTREPRENEURIAL FUND"; BY INCREASING SAID APPROPRIATIONS $150,000, CONSISTING OF REVENUES GENERATED FROM ENTREPRENEURIAL ACTIVITY IN POLICE TRAINING PROGRAMS; MANAGER TO EXPEND MONIES FOR PRODUCTION AND DEVELOPMENT OF LAW ENFORCEMENT TRAINING SEMINARS, COURSES AND RELATED EQUIPMENT. Chairman Regalado: Twelve is a first reading ordinance. It's about the Police Department. Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Move. Chairman Regalado: It's been moved and second. This is a public hearing. No one from the public. Read the ordinance. Roll call. An Ordinance entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.11286, ADOPTED MAY 24, 1995, AS AMENDED, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "TRAINING/ENTREPRENEURIAL FUND" BY INCREASING SAID APPROPRIATIONS IN THE AMOUNT OF $150,000, CONSISTING OF REVENUES GENERATED FROM ENTREPRENEUR ACTIVITY IN THE AREA OF POLICE TRAINING PROGRAMS; AUTHORIZING THE CITY MANAGER TO ACCEPT AND DEPOSIT MONIES GENERATED FROM POLICE TRAINING ACTIVITIES INTO SAID SPECIAL REVENUE FUND AND TO EXPEND THE MONIES FOR THE PRODUCTION AND DEVELOPMENT OF LAW ENFORCEMENT TRAINING SEMINARS, COURSES AND FOR RELATED EQUIPMENT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. 241 April 25, 2002 74. AUTHORIZE AND DIRECT MANAGER TO ENTER INTO AGREEMENT WITH FANNIE MAE, FOR $1,575,000 LOAN FOR VARIOUS PROJECTS IN SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA, MANAGER TO ENTER INTO AGREEMENT WITH CRA FOR SAID PURPOSE. Chairman Regalado: Item 14 is a resolution. It's authorizing the City Manager to enter into an agreement with Fannie Mae for the Southwest Overtown/Park West Community Redevelopment Area. Do we have a motion. Commissioner Gonzdlez: So moved Commissioner Teele: So moved. Commissioner Sanchez: Discussion. Chairman Regalado: It's been moved and second. Discussion. Commissioner Sanchez. Commissioner Sanchez: Is this the 1.5 for the 3rd Avenue Business Corridor? Chairman Regalado: One point five seven five. Commissioner Teele: It is technically the 1.5 that is the Fannie Mae loan for the purpose of the 3rd Avenue Business Corridor. One building at the present time, that is the building on 3' , on the east side of 3rd Avenue between 10th Street and 11th Street, pursuant to the charrette that was held some two years ago, where we agreed to redo the facade and put in the elevators for the ADA (Americans with Disabilities Act). There is a hold up on the remainder of the money. That's about four hundred and fifty thousand on the rest of the money, because we cannot make an agreement with the property owner over what we believe to be the commercial, and so, if we can't make an agreement on that, the recommendation will be to take the matter to the CRA (Community Redevelopment Agency) Board to acquire housing stock within the Overtown area, consistent with some of the concerns that you heard today. Commissioner Sanchez: Call the question. Chairman Regalado: OK. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-490 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FANNIE MAE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND SUBJECT TO THE TERMS AND CONDITIONS CONTAINED ON THE TERM SHEET ATTACHED HERETO AS "EXHIBIT A," FOR A LOAN IN THE AMOUNT OF $1,575,000 FOR VARIOUS PROJECTS IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA; FURTHER AUTHORIZING THE CITY MANAGER TO FORWARD THE LOAN PROCEEDS TO 242 April 25, 2002 THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CRA FOR SAID PURPOSE, REPAYMENT OF THE LOAN FROM FANNIE MAE AND REIMBURSEMENT TO THE CITY OF ALL COSTS ASSOCIATED WITH THE TRANSACTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. 243 April 25, 2002 75. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY AND APPROVE ACQUISITION AND INSTALLATION OF HURRICANE SHUTTERS AT CITY HALL FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, PROPERTY MAINTENANCE DIVISION, FROM HURST AWNING CO. INC., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5102-2/020TR-CW-SW, $38,418; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT. Chairman Regalado: Item 15. It's a resolution. Requires a four-fifths. Commissioner Sanchez: So move. Vice Chairman Winton: Second. Chairman Regalado: It's been moved and second. No one from the public. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-491 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION AND INSTALLATION OF HURRICANE SHUTTERS AT CITY HALL FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, PROPERTY MAINTENANCE DIVISION, FROM HURST AWNING CO., INC. UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5102-2/020 TR -CW -SW, IN AN AMOUNT NOT TO EXCEED $38,418; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 31103 7.4293 01.6.3 40. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes, 5 to 0. 244 April 25, 2002 76. RATIFY, APPROVE, AND CONFIRM MANAGER'S FINDING OF EMERGENCY AND APPROVE ACQUISITION OF ELEVATOR MAINTENANCE SERVICES FOR MIAMI RIVERSIDE CENTER FACILITY, FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION (GSA), MRC DIVISION, FROM SCHINDLER ELEVATOR CORPORATION, $8,400; ALLOCATE FUNDS FROM GSA GENERAL OPERATING BUDGET. Chairman Regalado: Item 16, it also requires a four-fifths vote. Commissioner Gonzalez: Move it. Chairman Regalado: It's been moved. Do we have a second? Vice Chairman Winton: Second. Chairman Regalado: It's been second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-492 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF ELEVATOR MAINTENANCE SERVICES FOR THE MIAMI RIVERSIDE CENTER FACILITY, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ("GSA"), MRC DIVISION, FROM SCHINDLER ELEVATOR CORPORATION, FOR A PERIOD OF FOUR MONTHS, FROM MARCH 1, 2002 THROUGH JUNE 30, 2002, IN AN AMOUNT NOT TO EXCEED $8,400; ALLOCATING FUNDS FROM GSA GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 504000.421901.6.670. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. 245 April 25, 2002 77. RATIFY MANAGER'S FINDING OF EMERGENCY AND APPROVE ACQUISITION AND INSTALLATION OF STEEL PICKET FENCING AT HENDERSON AND DORSEY PARKS, $32,620, FROM PROFESSIONAL WELDING, INC., AND FOR BUENA VISTA PARK, $25,675, FROM ISLAND FENCE, INC. FOR DEPARTMENT OF PARKS AND RECREATION, $58,295; ALLOCATE FUNDS FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM AND STATE OF FLORIDA GRANT. Chairman Regalado: Item 17, it requires a four-fifths. Another emergency. Vice Chairman Winton: So move. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-493 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE ACQUISITION AND INSTALLATION OF STEEL PICKET FENCING AT HENDERSON AND DORSEY PARKS IN THE AMOUNT OF $32,620 FROM PROFESSIONAL WELDING, INC. AND FOR BUENA VISTA PARK IN THE AMOUNT OF $25,675 FROM ISLAND FENCE, C, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR A TOTAL AMOUNT NOT TO EXCEED $58,295; ALLOCATING FUNDS FROM THE SAFE NEIGHBORHOODS PARKS BOND PROGRAM AND A STATE OF FLORIDA GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 246 April 25, 2002 78. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF EMERGENCY AND APPROVE ACQUISITION AND INSTALLATION OF 270 BOLLARDS FOR ROBERT KING HIGH PARK/CARLOS ARBOLEYA, SR. PICNIC CAMPGROUNDS FOR DEPARTMENT OF PARKS AND RECREATION FROM RENAISSANCE BUILDERS AND CONTRACTORS, INC., $27,497; ALLOCATE FUNDS FROM PARKS AND RECREATION. Chairman Regalado: Item 23 has been -- the next one that we have -- that we've not done. Vice Chairman Winton: How about 18? Priscilla Thompson (City Clerk): Eighteen. Eighteen. Chairman Regalado: Eighteen? Vice Chairman Winton: Yeah. So move. Commissioner Gonzalez: Second. Chairman Regalado: OK. It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. Chairman Regalado: It's a four-fifths vote. It's passed. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-494 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE ACQUISITION AND INSTALLATION OF 270 BOLLARDS FOR ROBERT KING HIGH PARK/CARLOS ARBOLEYA, SR. PICNIC CAMPGROUNDS FOR THE DEPARTMENT OF PARKS AND RECREATION FROM RENAISSANCE BUILDERS AND CONTRACTORS, INC. IN AN AMOUNT NOT TO EXCEED $27,497; ALLOCATING FUNDS FROM PARKS AND RECREATION, ACCOUNT CODE NO. 331369.589301.840. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzdlez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 247 April 25, 2002 79. DEFER PRESENTATION REGARDING TENTATIVE SCHEDULE FOR PHASING IN REMAINING ROUTES OF CITY NOT YET SERVICED BY AUTOMATIC SOLID WASTE COLLECTION SYSTEM TO COMMISSION MEETING CURRENTLY SCHEDULED FOR MAY 9, 2002. Chairman Regalado: Item 23, it's -- we're going to defer that for May the 9th. 248 April 25, 2002 80. AUTHORIZE DEPARTMENT OF COMMUNITY DEVELOPMENT TO RE -CATEGORIZE $5 MILLION APPROPRIATIONS TO COMMUNITY REDEVELOPMENT AGENCY TO CAPITAL IMPROVEMENT PROJECTS FOR NON -ECONOMIC DEVELOPMENT TYPE ACTIVITIES AND INSTRUCT DEPARTMENT OF COMMUNITY DEVELOPMENT TO PROVIDE NOTICE TO CRA EXECUTIVE DIRECTOR UPON COMPLETION OF RE -CATEGORIZATION OF SAID FUNDS. REQUEST MANAGER TO MEET WITH MAYOR AND APPROPRIATE STAFF AND COME BACK WITHIN 30 DAYS WITH PROGRAM THAT INCLUDES BLEND OF GENERAL FUND DOLLARS TO HOLD HARMLESS DISTRICTS THAT ARE MOST AFFECTED BY TEN PERCENT CUT IN COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE FUNDS. Chairman Regalado: Do we have any appointments that -- Commissioner Teele: What item number were you, Ms. Lewis? . Annette Lewis (Acting Executive Director, CRA): Fourteen and 25, sir. Commissioner Teele: Did we do 14? Ms. Lewis: Yes, we did, or you did. Commissioner Teele: Did we do 25? Ms. Lewis: We're -- it's next. Chairman Regalado: Oh, yes, we did. (INAUDIBLE COMMENTS) Chairman Regalado: No, we didn't. Commissioner Sanchez: No, no. Vice Chairman Winton: We didn't do 25. Chairman Regalado: No, we didn't. Ms. Lewis: Fourteen was done. Twenty-five is yet to -- Commissioner Teele: What number are you on now, Mr. Chairman? Ms. Lewis: Twenty-three. Chairman Regalado: We are -- I thought that we did 25, but we -- 25 is the only item that has not been done in the regular agenda. If you want to move it, it's -- Commissioner Teele: I would move it for purposes of discussion -- Vice Chairman Winton: Second. 249 April 25, 2002 Commissioner Teele: --and to allow the public to come forth, Item 25. Chairman Regalado: It's been moved and second. Item 25. Authorizing the Department of Community Development to re -categorize five million for the Community Redevelopment Agency. What this does is just -- it changes from one criteria to other. That's all. Commissioner Teele: I thought this was Item 17-A. Why is it in my book as 17-A? Dan, where is this item? Alejandro Vilarello (City Attorney): Twenty-five. Commissioner Teele: Twenty-five. All right. I apologize. Commissioner Sanchez: Mr. Chairman, 25? Chairman Regalado: Twenty-five. Commissioner Sanchez: I thought that money was already used. Ms. Lewis: Not the entire amount, sir. What we're experiencing is -- Commissioner Teele: Your name and address for the record. Ms. Lewis: I'm sorry. Annette Lewis, Acting Executive Director of the Community Redevelopment Agency, City of Miami. The situation that we have here of the five million dollars that have been appropriated to the CRA (Community Redevelopment Agency), we've been expending it for capital expenditure -- I'm sorry -- infrastructure improvement, public facilities, but what I'm being told is that it's for economic development. All the resolutions and ordinances passed by the City appropriating, as well as the original allocation of the funding, designates as capital -- for capital improvement. Commissioner Sanchez: Madam Executive Director, this is a 1998 resolution. Ms. Lewis: It's a 19 -- Commissioner Sanchez: -- that allocated the funds, three million of unobligated CDBG (Community Development Block Grant) that went towards the 3rd Street -- 3rd Avenue Business Corridor. Ms. Lewis: That is correct. Commissioner Sanchez: And one million from HOPWA (Housing Opportunities for Persons Living with AIDS) and one million from CDBG funds. Ms. Lewis: Mm -hum. Commissioner Sanchez: How much -- that money has not been used? Ms. Lewis: Not the entire amount. The allocate -- the appropriations were done in 2000 and 2001. Commissioner Teele: Yeah, yeah, yeah. I think you need to slow down just a minute and explain what's going on. First of all, this is not a five million dollar allocation. This is a three million dollar allocation, 250 April 25, 2002 plus a one million dollar allocation, plus a one million dollar allocation. Now, that's what you're dealing with. You're dealing with the 3rd Avenue Corridor improvement of three million dollars. Ms. Lewis: Correct. Commissioner Teele: That was the first allocation made. It was authorized and it was appropriated. It was appropriated strictly for capital improvements. Somehow in the CD (Community Development) process, they have rebooked this money as being economic development, notwithstanding the public hearing notice calls it capital improvement. The second block of money was one million dollars that was made available pursuant to a five million dollar commitment for the first year, which should have been made available in 1999. The funds were made available in 2000. And that money was booked as capital improvement, but somehow the economic -- the CD office is booking it as economic development. The fourth -- that's three plus one is four. Ms. Lewis: Correct. Commissioner Teele: The fifth million dollar is one million dollars, pursuant to a five million dollar commitment, of which that makes two million dollars for the first year. That was HOPWA money. That money was subsequently re -categorized, withdrawn and granted as CD dollars. Those CD dollars, again, were noticed as capital improvement, but somehow they were booked as economic development. The purpose of the meeting today is not to add any new money, but to rebook all of the money away from economic development into capital improvement, as outlined in the memo, and the specific areas would be acquisition of land, public improvement facility, privately owned utility -- one point three million dollars, by the way, will be going for the placement of underground utilities in the area, just so that you know. This is -- there's no soft money in this. There are no studies in this. All of the monies are capital improvement. All study dollars will be used from TIF (Tax Increment Funds) funds or other sources of funds, and the goal here was to make very clear that all five million dollars will be used for capital improvements, as outlined in the CFR (Comprehensive Financial Report) and as attached by the memo dated -- it's not dated -- which is the five million dollar re -categorization. Those total five million dollars -- if I may make one other point. This board approved a total of twenty-five million dollars. It is included in our five-year plan to the federal government, which has been approved. It includes that the funds will primarily come from 108, and any interest income, Angel Gonzalez, that the board may make available, as well as program income -- I'm sorry, program income that the board may make available. Commissioner Gonzalez: I was here as part of the public when that was discussed and approved. Commissioner Teele: We are completing the third year of that commitment. To date we have received two million dollars against the first year of that commitment. Just so that everybody's clear. In other words, instead of receiving fifteen million dollars, as per the ordinance that was approved, and the capital plan, and the operational plan that has gone to Washington and been approved as a part of our five-year operational plan, the CRA (Community Redevelopment Agency) has received two million dollars against twenty-five million. Today, in an earlier discussion, we said that years four and five, which totaled ten million dollars will be deferred and allow the Camillus House to go forward, so there's still fifteen million dollars that the City owes the agency pursuant to the ordinance and the plan that was approved some three years ago, and Dan, correct me if I'm wrong on this, or Madam Attorney -- Mr. Attorney, because that was an ordinance that -- it binds this body. Monies have gone other places. We've not objected. I've not objected because I've not been comfortable that we could expend the money in a timely manner, which is the issue that Commissioner Sanchez is raising. We, right now, have one hundred percent of the money locked in, to be expended within the next 180 days, and that's why we're trying to get clarification. Commissioner Sanchez: Mr. Chairman, 251 April 25, 2002 Chairman Regalado: Yes, sir. Commissioner Sanchez: I'm not going to argue the facts. I'm just going -- I'm saying what is in front of me in a resolution is five million dollars, OK? Three million dollars of that resolution 98-592, three million dollars were allocated straight to the 3rd Street Corridor. That's what I voted for. My commitment was to the 3rd Street Corridor. Now, if they are going to change the funds for infrastructure or whatever, then what I would like is to have on the record what the money's going to be used for, because let me just say something that, you know, I think that CRA's done very well, OK? But these five million dollars, when I made that sacrifice -- and I believe every Commissioner here made that sacrifice because the need was in Overtown. That's what the residents of Overtown -- they went to the Miami Arena in front of us -- was for the 3rd Street Corridor. Now, the million dollars in HOPWA money that was there -- the only concern that I have is, we had the Director of CDBG come here and make a statement that, you know, housing authorities were hurrying the credit line because they were holding on to money, "X" amount of money. Well, I don't know when the money was transferred from the City to the CRA, but I'll tell you, I'll be very upset -- Commissioner Teele: It hasn't been. Commissioner Sanchez: Well, I would be very upset -- Commissioner Teele: It hasn't been. Commissioner Sanchez: It hasn't been? Commissioner Teele: That's what the issue is. They've got it booked as one category. We've got it booked -- the public hearing has got it a different category and we just are here now to clarify it -- Commissioner Sanchez: Executive Director -- Commissioner Teele: --that the money can be transferred. Commissioner Sanchez: Executive Director. Ms. Lewis: Yes. Commissioner Sanchez: When did the City transfer the money? Ms. Lewis: The first -- the appropriation was done for the three million -- Commissioner Sanchez: When? Ms. Lewis: May 11 of 2000. The -- that took care of the three million dollars ($3,000,000) for the 3rd Avenue Business Corridor, as well as the million from CDBG, and the million from HOPWA. We later had the HOPWA monies -- because, of course, the CRA -- Commissioner Sanchez: When did you get the HOPWA money? Ms. Lewis: That was October 25 of 2001. Commissioner Teele: When it was -- 252 April 25, 2002 Ms. Lewis: When it was exchanged. Commissioner Sanchez: Why did the administration take so long to turn over that money? Commissioner Teele: But it was turned back in, when? Tell him the rest of the story. Ms. Lewis: There were several requests. The last one I recall was July -- first week in July of 2001, and that's specifically what I can recall. Commissioner Sanchez: Well, let me just put my concerns, and I hope I don't offend anybody, not to mention anybody's credibility. Commissioner Teele: Before you make your concerns, let me just respond to one thing. One hundred percent of the 3rd Avenue Business Corridor money is being spent exactly the way Mr. Judy came down here and explained it. It is going to build the infrastructure and the pedestrian improvements on the 3rd Avenue Corridor, intersected by 9th Street; in other words, the 9th Street intersection into 3rd Avenue, it will move from 2nd Avenue to 3rd Avenue, and that's what the project is. Commissioner Sanchez: My commitment was to the 3rd Street Corridor, so we've gotten that taken care of. Commissioner Teele: That's taken care of. Commissioner Sanchez: On the HOPWA money, let me tell you something. Last month we had the Executive Director of CDBG come in front of us saying that there were 12,000 cases, people that can't get assistance because we didn't have any HOPWA money. If that money was put aside somewhere not used, you know, I'm ashamed if I had any part in that, because let me tell you, we have people out there that are being left out, because we don't have the funds to provide service -- social services. Just to mention that, the sacrifice that I made -- and I'm sure that the rest of the Commission has made giving money-- to this day, I still get criticized, but I felt that, as a Commissioner, I represent the entire district and not just my district, but let me just say one thing for the record. The allocations that I get from my district on CDBG -- and I want Mr. Attorney, the City Manager and do we have somebody from CDBG that's here present? I want you to understand this. I expected that whatever percentage of CDBG funds generated by my district has to stay in my district, because I have the poorest district and it really isn't fair. With the 10 percent cuts that I'm facing now in my district, I have great organizations on social services that thousands of kids are going to be left out of summer programs. They're not going to have child care provided, and I want to make it very, very clear, what I receive, the 23 percent that I get allocated to me, I want on the record what is exactly that's put back into my district, because you know what I'm going to do? I'm going to sit down with Centro Mater, which will face a significant cut. I will sit down with Sagrada Familia Child Care Center, which will face a significant cut in services, and Catholic Charities, and many, many more, and I will go out and get the best attorneys this City's got pro bono -- if not, the City will pay for it -- and I will sue this City as a class action suit for not providing the services that my district needs. It's not about, you know, territory. It's about being fair. With this 10 percent deduction, my district is being affected and all that I ask, that fair is fair. OK? I don't have a problem with giving money. I think that I display that with my colleagues. When it comes time to give money, I don't mind giving money away from my district, but when my district suffers -- and you had people come in front of the CDBG meetings that we had and individuals that have come in front of this Commission and said, you know what? We're going to have to turn kids away from our care center. Chairman Regalado: Commissioner Sanchez, would you yield? 253 April 25, 2002 Commissioner Sanchez: I would yield, Mr. Chairman, but I'm not completed. I yield. Yield. Chairman Regalado: Just wanted to say that there is a special session of the legislature on May 15, I think it is, and the State Representative Carlos Lacasa asked the Mayor to send some ideas. I wrote a memo to the Mayor requesting that we ask Representative Lacasa and, of course, you, as the liaison with the legislature, for -- they mentioned that the number, a hundred and fifty thousand dollars out of this session for Miami. I mentioned in my memo a quarter of a million dollars, two hundred and fifty thousand, and what I wrote the Mayor is that we should use this money, if we get it, as an emergency base to supplement the money that has been taken off the social programs for the children in the City of Miami, because the administration has decided that the elderly is the priority and like you said, Sagrada Familia, which is not in my district, Centro Mater, which is not in my district, but I'm willing to dedicate. Catholic charity, which is not in my district. It's in Little Havana/Little Haiti. I am willing -- Commissioner Sanchez: No. But you're wrong. It services everybody in the community. Chairman Regalado: I understand that. But I'm talking about location. I am willing to -- if we all pull together and if we request that money, as a body, to supplement the difference that we are going to have this year in assisting those programs, you know, I'm willing to dedicate everything, because I think that -- you know, you may say let's get from the legislature something that we can do in terms of capital improvement, but, you know, the most capital of all improvements are the children, and it's going to have a very adverse impact on different areas of the City, so I hope that the Mayor will convey my message to the legislature, that I wish that we can use that money that we can get from this special session to supplement the needs of programs of the children. Commissioner Sanchez: Mr. Chairman, my argument is simple argument to my colleagues. No matter how you slice it. I represent the poorest district in the City of Miami, per capital, per population or whatever you may -- I don't care how you roll the dice. District 3 is the poorest district of the City. I continue to get -- although things are improving, and we have to thank the good Lord for that -- cutting the social services in my district is something that's hurting the residents of District 3, and all that I ask is that the position that I've taken, each and every one of you would have taken it. I am prepared to let Community Development, CDBG know that if I don't get my fair share, I am prepared to get those organizations together and I will do what I have to do, because right now, if we don't do what we have to do, it is me who has to face, as they say, the flute. OK? It's me that has to go to the meetings and have to not only say, well, how come district such and such -- because they're educated people. You know why? Because we inform them. It's one thing they can't say is that this government, the City of Miami, does not inform them of what's going on because they're provided the proper tools and information to know what's going on, so they look at this and when they see this, they go, "My gosh. What's happening in District 5? They're taking all the economic development. What's happening in District 2? They're taking public services," so you know, these are arguments that I can make all day and at the end of the day, you know that I'm right, so all that I ask here is that when CDBG time comes, I want my 23 percent and I will not settle for my 23 percent. You've gotten my message, and I ask my colleagues, if you could help me, please help me, because Catholic Charities, as you stated, it's my district, but it's helped everyone. It helps people in Liberty City. It helps people in Allapattah. It helps people everywhere. In Wynwood. They come -- the lady stated right there. Before the end of the year was over, she was like, what? Three thousand or four thousand people over that she had provided service. She doesn't have any money. She calls me every day. She should call you every day, CDBG. I've been there in her office a couple of times and she's called there to talk to Barbara Rodriguez and your staff. We don't have any money. We have to turn people back, so I plead, I plead with each and every one of you. You, Mr. City Manager and CDBG, bring forth, when it's recommendation, and make sure that I do get my 23 percent. 254 April 25, 2002 Mr. Gimenez: Yes, sir. Commissioner Sanchez: Yes, sir. Chairman Regalado: OK. Do we have a motion? Commissioner Teele: So move, Mr. Chairman. Chairman Regalado: And a second. The subject is the clarification of the five million dollars. Commissioner Teele: Simply saying that the five million dollars. Chairman Regalado: Simply, no new money -- Commissioner Teele: (INAUDIBLE) economic development but capital improvements (INAUDIBLE). Vice Chairman Winton: Call the question. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-495 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, DIRECTING THE CITY MANAGER TO RE -CATEGORIZE PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE ECONOMIC DEVELOPMENT CATEGORY TO THE PUBLIC IMPROVEMENTS CATEGORY, IN AN AMOUNT NOT TO EXCEED $5 MILLION, TO THE COMMUNITY REDEVELOPMENT AGENCY ("CRA"), PURSUANT TO RESOLUTION NOS.R-00-427 AND R-01-1150, FOR THE HISTORIC OVERTOWN PRIORITY BUSINESS CORRIDOR AND THE SOUTHEAST OVERTOWN/PARK WEST DISTRICT; AND FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO NOTIFY THE CRA EXECUTIVE DIRECTOR UPON COMPLETION OF THE RE - CATEGORIZATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzilez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. 255 April 25, 2002 ABSENT: None. Chairman Regalado: It passes. Commissioner Teele: Mr. Chairman. Mr. Chairman. Chairman Regalado: Vice Chairman Winton has two pocket items. Commissioner Teele: Mr. Chairman, before you do. Chairman Regalado: OK. Commissioner Teele: This item keeps coming up. Look, there is two things that we need to understand. This City got a waiver from the cap on public services of -- what was it, 25 percent? And we were at 30 percent or was it 20 percent and we went to 25? Chairman Regalado: Fifteen to 25 percent. Commissioner Teele: We went from 15 to 25. Now, we've got -- now we're like every other City in the nation. We had an administrative -- Chairman Regalado: Except Los Angeles. Commissioner Teele: Except Los Angeles. The law is 15 percent. We do have a unique problem, and we keep saying what the economic issue is. I am prepared to move tonight that the Manager be requested to meet with the Mayor and the appropriate staff -- I mean, the Mayor meet -- the Manager meet with the Mayor and to come back with a program that includes a blend of general fund dollars to hold harmless the districts that are most affected by the public service cut, and I think that's the only way to deal with this. We've got to blend some of our general fund dollars to hold those agencies harmless, and I'm prepared -- if you'll make -- second the motion. I will make the motion to ask that the Manager -- the Mayor -- the Manager and the Mayor come back with a plan to hold harmless those -- to hold harmless the City -- public services historical programs from the 10 percent cut that is mandated based upon the 15 percent roll back and to present a plan within 30 days. I would so move. Commissioner Sanchez: You're referring to social services. Commissioner Gonzalez: I second -- Commissioner Teele: I'm referring strictly to social services. Commissioner Sanchez: Not historic. Commissioner Teele: The public service category. That's all I'm referring to. Commissioner Gonzalez: I second your motion, Commissioner Teele. But I also -- I would also like to tell the administration that we have to start moving for next year, because next year we're going to have the same problem if we don't do what's necessary in order to go to Washington, talk to the representative or the Senators or whoever we have to talk to, to make sure that we have that waiver again next year, or otherwise we're going to be exactly in the same situation. 256 April 25, 2002 Unidentified Speaker: (INAUDIBLE) last year. Commissioner Teele: What does 10 percent represent, Dan or Mr. Manager? Mr. Gimenez: It's about one point three million. Commissioner Teele: OK. So, that's the number that we're trying to figure out how to deal with. It's one point three million dollars. Mr. Gimenez: Well, we'll come back and we'll -- this definitely -- when you start talking about general fund, it's definitely an impact to the general fund. So, we'll bring it back to you. And I'll speak to the Mayor about it. Chairman Regalado: The Mayor -- Commissioner Teele: Let me just ask you this. I understand that. What was -- what is the raise impact annually on the general fund? Mr. Gimenez: I'm sorry? I didn't understand the question. Commissioner Teele: What is the increment of the raise that is affected by the general fund? Mr. Gimenez: What raise? Commissioner Teele: The four percent raise that I just voted for. The employee raises. Mr. Gimenez: What's the impact on that? Commissioner Teele: The dollar impact on the -- we just said this -- this 10 percent is one million dollars -- one point three million dollars. Mr. Gimenez: That's correct. The total -- at year -- well, the four percent was, I believe, a -- something like a seven million dollar impact. That's from memory. I mean -- it's somewhere in that vicinity. Commissioner Teele: Well, all that I'm simply saying is this: We've got to make sure that we serve this City with the employees, particularly those that are yet -- and as we generate revenue, there is nothing wrong with blending general fund dollars to carry out valid purposes, and I don't want to go into that area on a heavy basis, but I think, as long as we can establish some type of parameters whereby we're holding these agencies harmless -- and I mean, I'm willing to say you can -- don't hold them harmless in my district, because I'll be very honest with you. I thought it was wrong when we continue to go to the 25 percent, because I said, we're going to run out of this money and then we're going to have a problem, but now we've done it and now we can't just leave those organizations hanging, and, so, I don't mean across the board. I think we need to tailor this based upon the comments of Commissioner Sanchez and Commissioner Gonzalez. Mr. Gimenez: Yes, sir. And we'll take a look at that. It's a policy decision from this board, but, you know, it's my responsibility to tell you there's going to be an impact on that. Commissioner Sanchez: Once we vote on this, I'm respectfully requesting that Mr. City Manager, yourself, and the City Attorney and CDBG meet with me, please. 257 April 25, 2002 Mr. Gimenez: Yes, sir. Commissioner Teele: Hold it. I don't want to beat a dead horse, but I want to ask one other question. Didn't we just approve a raise for the non-union employees? Mr. Gimenez: Yes, sir, and -- Commissioner Teele: How much was that? How much was that? Mr. Gimenez: That was already factored into the raises for the general employees. Commissioner Teele: But we didn't vote on that. Mr. Gimenez: No, sir, you didn't. Commissioner Teele: What did that administrative decision cost, in terms of the general fund, on an annual recurring basis? Mr. Gimenez: I will get that information for you. Commissioner Teele: I mean, about how much? We just signed it. We don't have a Budget Director here or Budget Finance Director? Mr. Gimenez: Yes, sir. Chairman Regalado: You mentioned 300 employees will get -- will fall into that category. Commissioner Teele: Well, that's you. I gave it in mine. Chairman Regalado: The Manager -- Mr. Gimenez: That whole number was blended into the original presentation with all of this -- Chairman Regalado: The Manager mentioned 300 to 400 employees in that category last meeting. I remember that. Commissioner Teele: Look, I'm not trying to be funny, but I'm just being very honest with you. I don't think it's fair for the management to basically come back and say, well, it's going to cost one point three million dollars and it's going to affect the general fund. Of course, it is. My motion was to blend this from the general funds. If it didn't -- if it hit the general fund on the non -career people, and if we could absorb it, we could absorb it for the citizens of this community, and -- I mean, I'm not for it for my district. I'm going to be very, very honest. I don't want any of that money, because I think the biggest problem in my district is that we have fed these agencies too much social service money and not enough economic development. I want economic development money for District 5, not for the CRA. I don't want public service money in the increment, but I do think where you've got organizations that have large elderly feeding programs, like you have in Little Havana -- and I've gone there a hundred times to Josefina, and those people over the years -- people rely on those programs, and we don't need to have a one shoe -- one -size -fits -all. We need to look at each department, each district the way that Commissioner Sanchez is saying. That's all that I'm saying. Mr. Gimenez: Yes, sir. 258 April 25, 2002 Chairman Regalado: OK. Pocket items. Priscilla Thompson (City Clerk): We need a vote, please, on that motion. Chairman Regalado: We didn't have a -- all in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-496 A MOTION REQUESTING THE CITY MANAGER TO MEET WITH THE MAYOR AND APPROPRIATE STAFF AND COME BACK WITHIN 30 DAYS WITH A PROGRAM THAT INCLUDES A BLEND OF GENERAL FUND DOLLARS TO HOLD HARMLESS THE DISTRICTS THAT ARE MOST AFFECTED BY THE TEN PERCENT CUT IN COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE FUNDS; FURTHER DIRECTING THE MANAGER TO PROCEED TO LOBBY APPROPRIATE AGENCIES FOR FUNDS TO ADDRESS THE PROBLEM FOR NEXT YEAR. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. 259 April 25, 2002 81. AUTHORIZE MANAGER TO APPROVE PLACEMENT OF PROMOTION BANNERS ON CITY THOROUGHFARES FOR EVENTS SPONSORED BY CITY (1) BOCA JUNIORS V. RIVER PLATE SOCCER GAME AT ORANGE BOWL ON JUNE 15TH; AND (2) COLUMBIAN INDEPENDENCE FESTIVAL AT ORANGE BOWL ON JULY 14TH. Commissioner Gonzalez: Commissioner Winton, you had two pocket items. Chairman Regalado: Johnny, you have two pocket items? Vice Chairman Winton: That's what I understand. Somewhere over here. I have them in front of me. One's a banner sponsorship. So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-497 A MOTION AUTHORIZING THE CITY MANAGER TO APPROVE THE PLACEMENT OF PROMOTION BANNERS ON CITY OF MIAMI THOROUGHFARES FOR TWO UPCOMING EVENTS SPONSORED BY THE CITY OF MIAMI, (1) THE BOCA JUNIORS V. RIVER PLATE SOCCER GAME AT THE ORANGE BOWL ON JUNE 15TH; AND (2) THE COLUMBIAN INDEPENDENCE FESTIVAL AT THE ORANGE BOWL ON JULY 14TH; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EVENT SPONSORS FOR SAID PURPOSE. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. 260 April 25, 2002 82. CODESIGNATE SOUTHEAST/SOUTHWEST 9TH STREET FROM BRICKELL PLAZA TO SOUTHWEST 1sT AVENUE, AS BEETHOVEN WAY. (See #86). Vice Chairman Winton: And the other is a -- this is a recommendation coming from the Street Codesignation Committee. Chairman Regalado: Oh, the other way around, the right way. Vice Chairman Winton: It's been through the process the right way. Recommend the City of Miami Commission adopt the attached resolution, authorizing the codesignation of Southeast/Southwest 9th Street from Brickell Plaza to Southwest 1 st Avenue as Beethoven Way. So moved. Commissioner Sanchez: Second. Commissioner Gonzdlez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-498 A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHEAST/SOUTHWEST 9TH STREET FROM BRICKELL PLAZA TO STOUT WEST IST AVENUE, MIAMI, FLORIDA, AS "BEETHOVEN WAY"; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. (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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. 261 April 25, 2002 83. APPOINT LUIS REVUELTA AS MEMBER OF PLANNING ADVISORY BOARD; WITH WAIVER OF PRIOR EXCESSIVE ABSENCES. Vice Chairman Winton: And would you like me to do my board appointments real quick? Chairman Regalado: Yes, sir. Yes, sir. Vice Chairman Winton: Planning Advisory Board, reappoint Luis Revuelta, which requires a waiver of the attendance requirement. Chairman Regalado: OK. Commissioner Gonzalez: Second. Chairman Regalado: There is a motion and a second, with a waiver. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-499 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE PLANNING ADVISORY BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 262 April 25, 2002 84. APPOINT ALLAN SHULMAN AND JOSEPH GANGUZZA AS MEMBERS OF ZONING BOARD. Vice Chairman Winton: Zoning Board, reappoint Allan Shulman and Joseph Ganguzza. So moved. Commissioner Teele: Second. Chairman Regalado: All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-500 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. 263 April 25, 2002 85. APPOINT JULIE GRIMES AS MEMBER OF HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS OVERSIGHT BOARD. Commissioner Gonzalez: Homeland Defense/Neighborhood Improvement Bonds Program Oversight Board, appoint Julie Grimes. So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-501 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Winton: Go ahead with yours. John Jackson (Director, Public Works): Mr. Chairman, Commission. Chairman Regalado: OK. The Oversight Board has already 10 appointed members. We just need 15. 264 April 25, 2002 86. BRIEF COMMENTS REGARDING CODESIGNATION OF BEETHOVEN WAY. (See Chairman Regalado: Mr. Jackson, you wanted to say something? John Jackson (Acting Director, Public Works): Yes, sir. Mr. Chairman, Commissioners, on the Street Codesignation for the Beethoven Way, Mr. Noriega would like to add "symphony" to that. You have the right to do that. I think that's his request. Vice Chairman Winton: Well, what did the Street Codesignation Committee say? Mr. Jackson: The committee voted for Beethoven Way. He would like to add the word "symphony" to that. Vice Chairman Winton: Well, but -- Mr. Jackson: Kind of -- Vice Chairman Winton: That changes the -- Commissioner Teele: It's a hell of a street sign. Vice Chairman Winton: Yeah. Gus Noguera: Can I -- no. But can I explain, please? Vice Chairman Winton: Well, no, because I just wanted to understand what the rule is. Does this need to go back before the Street Codesignation Committee? I mean, it's a big --that is a difference, in my mind, and you've got -- as Commissioner Teele said, you've got now a long street sign. What did the Brickell Area Associations and those groups vote on? Mr. Noguera: They sent me an approval letter. They have -- the Homeowners' Association and the Brickell Village -- Vice Chairman Winton: What did they approve? Mr. Noguera: Oh. They -- this is the reason -- Beethoven Way, when I talked to the Codesignation Committee, they say come to the Mayor and Commission and explain to them that 9th Symphony is the symphony that gives the universality, the flavor. I understand -- Vice Chairman Winton: Excuse me a moment. This needs to come back. It's 10:30 at night. This needs to be resolved. I want to know what the resolutions from the homeowners groups were in the neighborhood. They had words. Forget what those were and figure out what the Street Codesignation Committee approved and then come back and tell us something. Mr. Jackson: OK. Vice Chairman Winton: I mean I don't want to have to debate this. Chairman Regalado: You need to give us your name and address, please 265 April 25, 2002 Mr. Noguera: Si. Gus Noguera. Vice Chairman Winton: So, I'm going to direct it back to -- well -- take it back to wherever it needs to go to get it fixed. Mr. Noguera: -- 59 Southwest 9 Symphony Street. Chairman Regalado: Ninth Street. Mr. Noguera: Ninth Street. Chairman Regalado: OK. 266 April 25, 2002 87. SCHEDULE EXECUTIVE ATTORNEY/CLIENT SESSION ON MAY 9, 2002 FOR PURPOSE OF DISCUSSING PENDING LITIGATION IN CASE OF BRICKELL HEIRS VS. CITY. Chairman Regalado: Any more appointments, Commissioner Winton? Vice Chairman Winton: No, sir. Chairman Regalado: OK. The City Attorney needs to ask for executive session. Mr. City Attorney. Alejandro Vilarello (City Attorney): In the case of the Brickell Heirs versus the City of Miami, that's the litigation involving Brickell Park. I'd like to request an executive session to discuss that pending litigation. As you recall, the City Commission at one time, did enter into a settlement. That settlement expired by its own terms last October, and I'd like to discuss strategy with regard to that litigation in an executive session. Vice Chairman Winton: Do you need a motion? Mr. Vilarello: I need a motion and a date. Vice Chairman Winton: When would you like to do that? Mr. Vilarello: At the convenience of the City Commission. Chairman Regalado: Do you want to do that on May the 9th Commission meeting? May the 9th or -- Mr. Vilarello: May the 9th, at 9 o'clock, is fine. Whatever time -- Chairman Regalado: May the 9`h, at 9 o'clock. Vice Chairman Winton: Well, how about if he -- do we have to determine a date tonight? Mr. Vilarello: Yes. Vice Chairman Winton: Or we need to determine a date? Mr. Vilarello: Because we need to advertise. Vice Chairman Winton: Well, because what I was going to say is, if you look at the agenda -- because it seems to me like we've got a bunch of stuff stacking up on May 9th, and the May 23rd is less. Chairman Regalado: Well, I tell you what we can do. We can start the bond workshop at 3 and then we can do from 2 to 3 the executive session on Brickell Park on the 8th. And then we have, you know, I guess in two hours -- you don't want to do that? OK. Vice Chairman Winton: Because that's my -- I'm trying to make some money. Chairman Regalado: Why? Vice Chairman Winton: Because this great salary we get paid doesn't buy me any groceries. You know what I mean? So -- 267 April 25, 2002 Commissioner Gonzalez: Making too much money. Vice Chairman Winton: Yeah, so, I tried to -- I try to carve out the afternoon for my business. Mr. Vilarello: Mr. Chairman. Vice Chairman Winton: And the operative word is "try." Chairman Regalado: OK, so -- I mean -- Mr. Vilarello: Mr. Chairman. Chairman Regalado: You want to do it at 9 o'clock. Mr. Vilarello: I understand that the May 9th agenda may be a convenient agenda to do that, but we can place it on the 9th and if it looks like the agenda is too much, we can defer back to the next available meeting. Vice Chairman Winton: Perfect. So moved. Chairman Regalado: Nine -- Commissioner Gonzalez: Second. Chairman Regalado: May the 9th, at 9 o'clock, executive session on Brickell Park. It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION NO. 02-502 A MOTION SCHEDULING AN EXECUTIVE SESSION AN EXECUTIVE ATTORNEY CLIENT SESSION ON MAY 9, 2002 COMMENCING AT 9:00 A.M. FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION IN THE CASE OF BRICKELL HEIRS VS. CITY OF MIAMI. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. 268 April 25, 2002 88. INSTRUCT MANAGER TO GRANT LIBERAL ADMINISTRATIVE LEAVE POLICY TO EMPLOYEES WHO WISH TO CELEBRATE MAY 20TH, THE CENTENNIAL OF CUBA'S INDEPENDENCE FROM SPAIN (See #12). Chairman Regalado: OK, motion to adjourn. Commissioner Teele: Hold it. Chairman Regalado: Oh, I thought -- I'm sorry. I thought that everybody had done pocket items. Commissioner Teele: Mr. Chairman, I just want to make sure that we read it into the record. A resolution of the City of Miami declaring May 20`h as Cuban Centennial Independence Day, and instructing the Manager to grant liberal administrative leave policy for those employees who wish to celebrate Cuban independence, in honor of the day, and recognizing the unique culture -- tri -cultural heritage, that Cubans have made a valuable contribution to all America, and specifically including many areas such as baseball, music, literature, science, hospitality, recreation, leisure. So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: It's been moved and seconded. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved for its adoption: RESOLUTION NO. 02-503 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING MAY 20, 2002 AS CUBAN CENTENNIAL INDEPENDENCE DAY TO CELEBRATE THE CONTRIBUTIONS OF THE CUBAN PEOPLE TO AMERICA IN SUCH AREAS AS BASEBALL, MUSIC, LITERATURE, SCIENCE, HOSPITALITY, RECREATION AND LEISURE, FURTHER DIRECTING THE CITY MANAGER TO GRANT LIBERAL ADMINISTRATIVE LEAVE TO THOSE CITY OF MIAMI EMPLOYEES WHO WISH TO PARTICIPATE IN ACTIVITIES SCHEDULED TO CELEBRATE THE EVENT. (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 Gonzdlez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: It passes. 269 April 25, 2002 89. PROVIDE IN-KIND GRANT, $5,000, TO WORLD LITERACY CRUSADE OF FLORIDA, INC. FOR SECOND ANNUAL "IT TAKES A VILLAGE CONFERENCE" SCHEDULED TO TAKE PLACE ON SATURDAY, APRIL 27, 2002 AT MIAMI EDISON MIDDLE SCHOOL LOCATED AT 6101 N.W. 2ND AVENUE. Commissioner Teele: Mr. Chairman, this is a resolution of the City Commission providing an in-kind grant not to exceed five thousand dollars ($5,000), subject to the availability of the appropriate budget code to the "It Takes the World Literacy Crusade" for their second annual "It Takes A Village," scheduled to take place in Miami Edison Middle School, located at 1601 Northwest 2nd Avenue, and also noting the presence of the famous radio commentator, Miami home grown, Les Brown. Chairman Regalado: All -- Commissioner Teele: So moved, Mr. Chairman. Chairman Regalado: It's a motion. Commissioner Gonzalez: Second. Chairman Regalado: And a second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-504 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE SECOND ANNUAL "IT TAKES A VILLAGE CONFERENCE", ORGANIZED BY THE WORLD LITERACY CRUSADE OF FLORIDA, INC. ("ORGANIZER") TO BE HELD AT EDISON MIDDLE SCHOOL, 6101 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, ON SATURDAY, APRIL 27, 2002; AUTHORIZING THE PROVISION OF IN-KIND SERVICES, IN AN AMOUNT NOT TO EXCEED $5,000; CONDITIONING SAID AUTHORIZATION UPON THE PROVIDER: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH THE CONFERENCE; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; (4) COMPLYING WITH ALL CONDITIONS AND LIMITATION AS MAY BE PRESCRIBED BY THE CITY MANAGER; ALLOCATING FUNDS FROM AN ACCOUNT TO BE IDENTIFIED BY THE CITY MANAGER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez 270 April 25, 2002 Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. 271 April 25, 2002 90. REQUEST MANAGER ESTABLISH JOINT COMMAND CENTER IN SEEKING SUPPORT IN PERSONNEL CONTRIBUTIONS OR COMMITMENTS FROM POLICE AND FIRE SERVICES UNITS TO ASSIST POLICE DEPARTMENT IN ANNUAL ROOTS AND CULTURE FESTIVAL SCHEDULED FOR MAY 25-26, 2002 BETWEEN 54TH STREET AND 6211D STREET; AUTHORIZE MANAGER TO WAIVE ALL PERMISSIBLE PERMITS AND AUTHORIZE BANNERS TO BE PLACED ALONG APPROPRIATE STREETS IN MIAMI. DIRECT MANAGER TO PREPARE FOR BUSY WEEKEND DURING MAY 25'x' THROUGH 26, 2002 TO COVER CITY SERVICES RESULTING FROM EVENTS SCHEDULED IN VIRGINIA KEY, MEMORIAL DAY BASH IN MIAMI BEACH AND ROOTS AND CULTURE IN NORTH MIAMI. Commissioner Teele: Mr. Chairman, very quickly, a resolution requesting that the City Manager establish a joint command center under the command and control of the City, Police and Fire Departments, and seeking support and personnel contributions or commitments from the Police and Fire services units, specifically including, but not limited to, the Florida Highway Patrol, Miami -Dade County, El Portal, City of Opa Locka, Hialeah, North Miami, to assist the Police Department at the annual Roots and Cultural Festival, scheduled for May 25 through 26 on North Miami Avenue, between 54 Street and 62nd Street, and authorizing the -- and requesting the City Manager to waive all permissible permits and fees and administrative in accordance with the event; and further requesting that Miami -Dade Water and Sewer Departments provide sufficient portable generators and lights for the event, and further authorizing banners to be placed along the appropriate streets in Miami, duly noting the Roots and Cultural Festival. So moved. Commissioner Gonzalez: Second. Chairman Regalado: It's a motion and a second. All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-505 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE ROOTS AND CULTURE FESTIVAL ("FESTIVAL") SCHEDULED FOR MAY 25-26, 2002, TO TAKE PLACE AT NORTH MIAMI AVENUE BETWEEN NORTHWEST 54TH STREET AND NORTHWEST 62ND STREET, MIAMI, FLORIDA; DIRECTING THE CITY MANAGER TO ESTABLISH A "JOINT COMMAND CENTER" TO COORDINATE CITY OF MIAMI POLICE AND FIRE -RESCUE SERVICES; DIRECTING THE CITY MANAGER TO SEEK SUPPORT AND PARTICIPATION FROM THE FLORIDA DEPARTMENT OF HIGHWAY PATROL, MIAMI-DADE COUNTY, AND THE CITIES OF EL PORTAL, OPA LOCKA AND NORTH MIAMI; DIRECTING THE CITY MANAGER TO REQUEST THAT MIAMI-DADE COUNTY WATER AND SEWER AUTHORITY ("WASA") PROVIDE REQUIRED PORTABLE GENERATORS AND LIGHTS FOR THE FESTIVAL; APPROVING THE DISPLAY OF POLE BANNERS; AND AUTHORIZING THE WAIVER OF ALL FEES AND PERMITS PERMISSIBLE BY LAW; CONDITIONING SAID APPROVE APPROVALS AND AUTHORIZATIONS UPON THE ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES FOR SAID FESTIVAL; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE 272 April 25, 2002 AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (3) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY CITY MANAGER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: And, Commissioner, I just wanted to remind the administration that it is my understanding that that weekend there is also a very large event -- Commissioner Teele: On Miami Beach? Chairman Regalado: No. On Virginia Key. Commissioner Teele: Yeah. That's going to be all over, and that may preclude -- Chairman Regalado: Virginia -- Commissioner Teele: -- the Police Department from making anybody available, because I know Miami Beach is going to their -- I think -- aren't they opening up a mutual aide request on Miami Beach? Raul Martinez (Chief of Police): Commissioner, Raul Martinez, Chief of Police. Miami Beach is going alpha -bravo for the whole weekend. Metro is sending about 150 officers to Miami Beach. Florida Highway Patrol is sending about 100 officers to Miami Beach. Vice Chairman Winton: What's going on there? Mr. Martinez: It's the Memorial Weekend Bash that they had last year. Commissioner Teele: The Luther Campbell Show. Mr. Martinez: Luther Campbell is coming to Virginia Beach. Mr. Martinez: Yes, he is. Chairman Regalado: He expects about a hundred thousand persons there. 273 April 25, 2002 Mr. Martinez: They're asking -- Miami Beach is asking us for help. We basically told them that until we can make sure that we can take care of our own business with what's happening in Virginia Key, Roots and Culture and Coconut Grove and downtown, you know, we'll be able to answer that. Commissioner Teele: You know what, though? It's a great weekend. Every hotel on Brickell and Biscayne downtown will be full, and last year the shops at Bal Harbor and Aventura went broke with -- totally sold out all of their named Louie Vitton inventory, et cetera. People are coming in from all over the nation. This is a high-class group of people who like to spend money for name brands, Chanel and all of that, so, the taxpayers will all be happy and, hopefully, we'll suffer through the Roots and Culture by using our own City police, but I'm just making the request that we request that if somebody wants to do it, like North Miami or Hialeah. And I would call the question on the request. Vice Chairman Winton: Second. Chairman Regalado: OK. It's been moved and second. All in favor say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-506 A MOTION DIRECTING THE MANAGER TO PREPARE FOR A BUSY WEEKEND DURING MAY 25'x' THROUGH 26, 2002 TO COVER CITY SERVICES RESULTING FROM EVENTS SCHEDULED IN VIRGINIA KEY, MEMORIAL DAY BASH IN MIAMI BEACH AND ROOTS AND CULTURE IN NORTH MIAMI. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. 274 April 25, 2002 91. A MOTION DIRECTING THE CITY ATTORNEY TO MEET WITH THE LAST REMAINING AFRICAN AMERICAN TENANT WHO WAS AN ORIGINAL TENANT AT BAYSIDE MARKETPLACE TO MEDIATE MATTER BETWEEN ROUSE COMPANY Commissioner Teele: My final would be a request to the City Attorney to meet with the last remaining African-American tenant, that was the original tenant at Bayside Marketplace, and to seek to mediate the matter between the Rouse Company and the last tenant that is being evicted, recognizing that the Rouse Company received several millions of dollars in federal grant money for their benefit in the construction and -- did I cover everything, ma'am? Panzegna Wood: Pretty much, sir. Commissioner Teele: Your name and address for the record. Ms. Wood: Panzegna Wood, 401 Biscayne Boulevard, 5-143, Miami, 33133. Commissioner Teele: How long have you been at Bayside? Ms. Wood: I signed the lease in 1986. Commissioner Teele: Are you one of the original African-American tenants? Ms. Wood: I was the first tenant to sign the lease. Commissioner Teele: Are you the last -- are you -- is there anybody else -- Ms. Wood: There's three of us left? Commissioner Teele: Huh? Ms. Wood: Three of us left. Commissioner Teele: There's just three left? Ms. Wood: Yes, out of 24. Commissioner Teele: And they're evicting you now? Ms. Wood: Yes, for the second time. This is my second time in front of the Commissioners. Commissioner Teele: Well, again, I'm asking that the City Attorney see if they can mediate and determine whether or not there's any way we can provide assistance. I don't want to interfere with Bayside's right, although they operate on our property and they pay us a rate, but at the same time, I would like to at least have all them -- the benefit of all the information and we can assist your attorney, perhaps, but I don't want to inject the City in this, but see if there's some way we can mediate it, at least until we can figure out if there's a way we can help you. Vice Chairman Winton: Why are you being evicted? Ms. Wood: I would also -- several factors, Commissioner Winton. One of the things, before I go on, is, 275 April 25, 2002 I'd like to also request to see whether or not some kind of language can be added to the documentations for — if the remaining three of us have to leave, if those can be replaced by other black tenants, because there were 24 of us and 24 Hispanics when it started, and now there's four of us and all the Hispanics are doubled. I don't have anything against that, but I was number one per square footage in sales for six years in a row. I've been awarded Outstanding Business Woman of the Year, Retail Firm of the Year, local and regional in Atlanta, so it's not that I don't know my trade. I know my trade very well and I've been doing it for 25 years. I've worked with the City of Miami, hiring people from Overtown, from the different sections, people that came out of jails, whatever. I've done my dues for 25 years, and the concept that I've had have been smashed into eight different stores to bring my sales down. It's a methodical way of forcing the tenants out. I don't have a problem. I'm very creative. I've gone to Mr. Tercilla (phonetic). Vice Chairman Winton: You're saying they keep moving you? Ms. Wood: Yes. They keep bringing -- for instance, I was doing the Destination Resort Team, fifty thousand dollars a month sales. Seventy-five first, then it went down to sixty, then fifty. What he did was, he took it and he put instead of the three -- Destination Team Store, he break it up into eight. So, my sales went down to twenty thousand, twenty-five -- last month I did five thousand. Just before September 11th, I sold my inheritance that my father left me in Ft. Myers, and I gave him twenty thousand dollars ,because I was behind on my rent, with the understanding that he will do a moratorium and help me to restructure my business. Instead of that, the vendors that I bought from for seven years came into Bayside. He knew what I was buying from him for seven years. Came into Bayside. Took me from number one down to number eighteen. OK. I said, all right. Let me change my concept. Made the presentation, gave it to them. The Bayside people -- the vendor that came in, asked me if I wanted to sell my store. I said, no. I'm going to restructure it. Four weeks later, they opened the concept upstairs. And this is what we are experiencing down there and I think somebody needs to look into it. There were 24 of us and we are not stupid. I'm a very creative person. I did the numbers. The first year I went into Bayside, I paid fifty-eight thousand dollars to the State of Florida on my income tax. I run my business by the book. I'm a Christian. I get a paycheck to paycheck. I don't take cash out of the register. I support my family, my brother who is schizophrenic. I'm his legal guardian. My uncle, who is 80 years old, is up here for an operation that I cannot afford, and I have endured and I said, OK, Raul, I'll sell my stores. He said he'll get me a broker. When I went back to him, he says, no. Give me power of attorney to sell the stores. Whatever you owe me, I will take and then I'll give you the difference. I said no, I am not going to let you sell my store for me after fifteen years. I need to get something for it if I'm going to leave. If you want me out, pay for me to get out. Don't push me out. Vice Chairman Winton: If you don't mind, I'm going to tell you another interesting Raul story. This was a very recent story. I was talking to him -- I forget where -- and he was complaining about the new Miami -Dade Community College garage that has been built, and he says, "You guys are going to have to do something about that, because it's upsetting the parking balance." I said, "What do you mean, upsetting the parking balance?" And he gave me this explanation for one. I figured it out. The upset that it was doing is driving parking rates down. And I said, Raul, I thought that's what free market enterprise is about. It's about driving costs down for the consumers. We had this big philosophical argument and I said, you know, phooey. Thank God. Maybe we ought to build another garage or have someone else build another garage and drive the rates down even further. That week I go to his -- I go to Bayside. I'm going to go there to meet somebody for one drink and we're leaving and going to a game. One drink. I pull up there and I had to pay a flat fee of I think it was twenty-five bucks. Flat rate, flat fee, to get into his damn garage. Maybe it's twenty. Ms. Wood: Twenty. Twenty. Vice Chairman Winton: Was it twenty? Is it twenty? 276 April 25, 2002 Ms. Wood: Twenty. Vice Chairman Winton: Yeah. Flat fee, twenty bucks one drink. You know, I can buy a real nice drink for twenty bucks and that's just kind of the -- just kind of the point about how they seem to work over there. Commissioner Teele: Where I go, you could run the house for twenty bucks. Vice Chairman Winton: So, there's just --it's just kind of --these two stories kind of blend together here, so we need help. Chairman Regalado: And you know what? When we did something after 9/11, Bayside was included in the payment. Ms. Wood: Didn't pass it on. Chairman Regalado: No, he didn't pass it on. Ms. Wood: Didn't pass it on to the tenants. Commissioner Teele: Did they take advantage of it? Chairman Regalado: They did not. Ms. Wood: They didn't pass it on. Chairman Regalado: They did take -- Rouse take advantage, but they didn't pass it on to the tenants. Vice Chairman Winton: I thought our resolution required them to do that. Ms. Wood: I sent it to him in the memo and he said no, he can defer those three months to the end of my lease. Didn't pass it on. Commissioner Teele: Mr. Chairman, we have to be careful. Obviously, I'm pleased that the record is now complete. I would call the question on the motion asking that the City Attorney be instructed to meet with Bayside lawyers to see if there's any way we can hold or interface to get a better resolution and more time, and I would so move. Chairman Regalado: There is a motion and a second. Vice Chairman Winton: Second. Chairman Regalado: All in favor say "aye." The Commission (Collectively): "Aye." The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-507 277 April 25, 2002 A MOTION DIRECTING THE CITY ATTORNEY TO MEET WITH THE LAST REMAINING AFRICAN -AMERICAN TENANT WHO WAS AN ORIGINAL TENANT AT BAYSIDE MARKETPLACE TO MEDIATE MATTER BETWEEN ROUSE COMPANY AND SAID TENANT; RECOGNIZING THE FACT THAT ROUSE COMPANY RECEIVED SEVERAL MILLIONS OF DOLLARS IN FEDERAL GRANT FUNDS FOR THEIR BENEFIT IN THE CONSTRUCTION. Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: Anybody else? Commissioner Teele: Mr. Chairman, I would respectfully request that the Manager invite Bayside at the next Commission meeting to come and give us some report on the status of the tenants and also, Mr. Manager, I would request that we schedule a public hearing on another matter related to the people who -- the Community Development program for the home repairs, the forty -- up to forty thousand dollars ($40,000); that we have a registered notice to everybody in the program, that we do this in June, the last meeting in June, and that we instruct the Internal Auditor to meet with them or as many before then and have a public hearing on the status. My public hearing was a disaster on that issue. I thought we had solved the problem. It seems to me that we're studying the problem and we have gone out. We had person after person to come in and testify about them living in conditions that are deplorable and not livable, and Mr. Rollason was there, and you were very well represented, your staff was represented. Ms. Warren was not there, but we have a real problem, Mr. Manager. Carlos Gimenez (City Manager): Yes, sir. Chairman Regalado: OK. Do we have a motion to adjourn? Vice Chairman Winton: So move. Commissioner Teele: So move, Mr. Chairman. Chairman Regalado: It's been moved and second. All in favor state by saying "aye." The Commission Collectively: Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 02-508 278 April 25, 2002 A MOTION TO ADJOURN TODAY'S COMMISSION MEETING. Upon being seconded by Chairman Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton Chairman Tomas Regalado NAYS: None ABSENT: None Chairman Regalado: Good night. There being no further business to come before the City Commission, the meeting adjourned at 10:48 p.m. ATTEST. - Priscilla A. Thompson City Clerk Sylvia Scheider Assistant City Clerk MANUEL DIAZ MAYOR 279 April 25, 2002